Victorian Current Acts

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Protection against actions for defamation or breach of confidence

    (1)     Where access has been given to a document and—

        (a)     the access was required or permitted by this Act to be given; or

S. 62(1)(b) amended by No. 6/2012 s. 26(1).

        (b)     the access was authorized by a Minister, or by an officer having authority, in accordance with section 26 or Division 1 of Part VI, to make decisions in respect of requests, in the bona fide belief that the access was required by this Act to be given—

no action for defamation or breach of confidence lies against the Crown, an agency, a Minister or an officer by reason of the authorizing or giving of the access, and no action for defamation or breach of confidence in respect of any publication involved in, or resulting from, the giving of the access lies against the author of the document or any other person by reason of that author or other person having supplied the document to an agency or Minister.

S. 62(1A) inserted by No. 58/1993 s. 23(2).

    (1A)     Subsection (1) applies in relation to a document of a council as if for "Minister" (except where lastly occurring) there were substituted "council, a member of a council".

    (2)     The giving of access to a document (including an exempt document) in consequence of a request shall not be taken for the purpose of the law relating to defamation or breach of confidence to constitute an authorization or approval of the publication of the document or its contents by the person to whom access is given.

S. 62(3) inserted by No. 6/2012 s. 26(2), substituted by No. 20/2017 s. 67.

    (3)     The provision of access to a document in accordance with—

        (a)     a request by the Information Commissioner; or

        (b)     a notice under section 49KA or  61GA(1); or

        (c)     a notice to produce or attend

does not constitute a waiver of any privilege attaching to that document in relation to its contents.

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