40Protections from liability for makers of public interest disclosures

#### 40 Protections from liability for makers of public interest disclosures 40 Protections from liability for makers of public interest disclosures > > (1) Except as provided by this section and section 41, the maker of a public interest disclosure, in relation to the making of the disclosure— > > > > > (a) does not incur civil liability, including liability for breaching a duty of secrecy or confidentiality or another restriction on disclosure applicable to the person, whether or not imposed by an Act, and > > > > > (b) does not incur criminal liability, including liability for breaching a law or code of conduct imposing a duty of confidentiality or other restriction in relation to the disclosure of information, and > > > > > (c) is not liable to disciplinary action. > > > > Note 1. > > > > The maker of the disclosure may also have, in relation to the making of the disclosure, a defence of absolute privilege under the [Defamation Act 2005](/view/html/inforce/current/act-2005-077) in proceedings for defamation. See the [Defamation Act 2005](/view/html/inforce/current/act-2005-077), Schedule 1, clause 26. > > > > Note 2. > > > > This section does not protect a person who fails to comply with a duty to disclose information imposed by another Act or law from the consequences of the failure. See section 7. > > > (2) This section applies to a witness public interest disclosure only to the extent that the information disclosed— > > > > > (a) is relevant to the investigation, or > > > > > (b) constitutes an independent disclosure showing or tending to show serious wrongdoing. > > > > Note. > > > > Section 65 requires public officials to use their best endeavours to assist in investigations of serious wrongdoing.