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 in proceedings for defamation. See the Defamation Act 2005, 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.