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INFORMATION PRIVACY ACT 2009 - SECT 179
Access—protection against actions for defamation or breach of confidence
179 Access—protection against actions for defamation or breach of confidence
(1) If a person has been given access to a document and— (a) the access was
required or permitted to be given under this Act; or
(b) the access was
authorised by a decision-maker, in the genuine belief that the access was
required or permitted to be given under this Act;
then— (c) no action for
defamation or breach of confidence lies against the State, an agency or
officer of an agency because of the authorising or giving of the access; and
(d) no action for defamation or breach of confidence in relation to any
publication involved in, or resulting from, the giving of the access lies
against the author of the document or another person because of the author or
another person having given the document to an agency.
(2) The giving of
access to a document (including an exempt document or contrary to public
interest document) because of an access application or in compliance with the
privacy principles must not be taken for the purposes of the law relating to
defamation or breach of confidence to constitute an authorisation or approval
of the publication of the document or its contents by the person to whom
access is given.
(3) In this section—
"document" includes a chapter 3 document.
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