Victorian Consolidated Legislation

Freedom of Information Act 1982 - SECT 62

PART VII MISCELLANEOUS

Protection against actions for defamation or breach of confidence

62. Protection against actions for defamation or breach of confidence



(1) Where access has been given to a document and-

   (a)  the access was required or permitted by this Act to be given; or

   (b)  the access was authorized by a Minister, or by an officer having
        authority, in accordance with section 26 or 51, to make decisions in
        respect of requests, in the bona fide belief that the access was
        required by this Act to be given-

no action for defamation or breach of confidence lies against the Crown, an
agency, a Minister or an officer by reason of the authorizing or giving of the
access, and no action for defamation or breach of confidence in respect of any
publication involved in, or resulting from, the giving of the access lies
against the author of the document or any other person by reason of that
author or other person having supplied the document to an agency or Minister.

(1A) Subsection (1) applies in relation to a document of a council as if for
"Minister" (except where lastly occurring) there were substituted "council, a
member of a council".

(2) The giving of access to a document (including an exempt document) in
consequence of a request shall not be taken for the purpose of the law
relating to defamation or breach of confidence to constitute an authorization
or approval of the publication of the document or its contents by the person
to whom access is given.