Western Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]


104 .         Defamation or breach of confidence action, certain people protected from

        (1)         If access to a document is given under a decision under this Act, and if the person who makes the decision believes, in good faith, when making the decision, that this Act permits or requires the decision to be made —

            (a)         an action for defamation or breach of confidence does not lie against the Crown, an agency or an officer of an agency merely because of the making of the decision or the giving of access; and

            (b)         an action for defamation or breach of confidence in respect of any publication involved in, or resulting from, the giving of access does not lie against the author of the document or any other person by reason of the author or other person having supplied the document to an agency.

        (2)         Subsection (1) applies even if, in giving access to the document, there has been a failure to comply with Division 3 of Part 2.

        (3)         Neither the giving of access to a document under a decision under this Act nor the making of such a decision is to be regarded as constituting, for the purpose of the law relating to defamation or breach of confidence, an authorisation or approval of the publication of the document, or any matter it contains, by the person to whom access is given.

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback