AustLII Tasmanian Consolidated Acts

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FREEDOM OF INFORMATION ACT 1991 - SECT 53

PART 6 - Miscellaneous 53. Protection against actions for defamation or breach of confidence

      (1) Where information has been provided and the provision of that information –

(a) was required or permitted by this Act; or

(b) was authorized by a Minister or an officer having authority, in accordance with section 21 or 42, to make decisions in respect of requests for information made in accordance with this Act, in the bona fide belief that the information was required to be provided in accordance with this Act –

an action for defamation or breach of confidence does not lie against the Crown, an agency, a Minister or an officer by reason of the provision or the authorizing of the provision of that information, and an action for defamation or breach of confidence in respect of any publication involved in, or resulting from, the provision of that information does not lie against the author of the information or any other person by reason of that author or other person having supplied the information to an agency or Minister.

      (2) The provision of information (including exempt information) in consequence of a request made under section 13 does not constitute for the purposes of the law relating to defamation or breach of confidence an authorization or approval for the publication of that information by the person to whom the information was provided.



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