AustLII Tasmanian Consolidated Acts

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

ARCHIVES ACT 1983 - SECT 28

28. Protection against certain actions

      (1) Where, in the ordinary course of the administration of this Act, access is given to a State archive which is a State record kept in the Archives Office, being an archive required by Part III to be made available for public access –

(a) no action for defamation or breach of confidence lies, by reason of authorizing or giving that access, against the Crown in right of this State or any person concerned in authorizing or giving that access;

(b) the giving of that access shall not be taken, for the purposes of the law of defamation or breach of confidence, to constitute an authorization or approval of the publication of the record or of its contents by the person to whom that access was given; and

(c) a person concerned in authorizing or giving that access is not guilty of any offence by reason only of having authorized or given that access.

      (2) Where, in the ordinary course of the administration of this Act, access is given to a State archive other than a State record kept in the Archives Office, being an archive required by Part III to be made available for public access, no action for defamation or breach of confidence lies against the Crown in the right of this State or any person after the expiration of 75 years from and including the date on which the archive came into existence.



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