South Australian Consolidated Acts

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FREEDOM OF INFORMATION ACT 1991 - SECT 50

50—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 honestly believes, 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 or an officer of an agency, 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 constitutes, 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.



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