FREEDOM OF INFORMATION ACT 1989 - SECT 64 Protection in respect of actions for defamation or breach of confidence

This legislation has been repealed.

FREEDOM OF INFORMATION ACT 1989 - SECT 64

64 Protection in respect of actions for defamation or breach of confidence

(1) If access to a document is given pursuant to a determination under this Act, and if the person by whom the determination is made believes in good faith, when making the determination, that this Act permits or requires the determination to be made:

(a) no action for defamation or breach of confidence lies against the Crown, an agency, an officer of an agency, a Minister or a member of a Minister's staff by reason of the making of the determination or the giving of access, and

(b) no action for defamation or breach of confidence in respect of any publication involved in, or resulting from, the giving of access lies 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 or Minister.

(2) Neither the giving of access to a document pursuant to a determination under this Act nor the making of such a determination shall be taken to constitute, for the purposes of the law relating to defamation or breach of confidence, an authorisation or approval of the publication of the document or its contents by the person to whom access is given.