40Confidentiality provisions do not apply

40 Confidentiality provisions do not apply

S. 40(1) amended by No. 2/2019 s. 22.

(1) Without limiting section 39, a person who makes a public interest disclosure does not by doing so—

(a) commit an offence under section 95 of the Constitution Act 1975 or a provision of any other Act that imposes a duty to maintain confidentiality with respect to a matter or any other restriction on the disclosure of information; or

S. 40(1)(b) amended by No. 6/2018 s. 68(Sch. 2 item 102).

(b) breach an obligation by way of oath or affirmation or rule of law or practice or under an agreement requiring him or her to maintain confidentiality or otherwise restricting the disclosure of information with respect to a matter.

S. 40(2) amended by No. 2/2019 s. 22.

(2) Subsection (1) does not apply to a person who, in making the public interest disclosure, has contravened section 72(1) or (2) in relation to the information disclosed.