Protection from liability – complainant and informants
48 Protection from liability – complainant and informants
(1) A person acting in good faith in making a complaint or providing information to the Commissioner or a member of the Commissioner's staff:
(a) does not incur any civil or criminal liability in relation to the making of the complaint or provision of information; and
(b) cannot be held to have breached any code of professional etiquette or ethics, or to have departed from any accepted standard of conduct in relation to the making of the complaint or provision of the information; and
(c) cannot be held to have contravened any Act in relation to the making of the complaint or provision of the information.
(2) A civil proceeding may be brought against a person for making a complaint or giving information for this Act only with the leave of the Supreme Court.
(3) The Supreme Court may grant the leave only if it is satisfied there is a substantial ground for contending the person has not acted in good faith.
This section has effect:
(a) whether the complaint made or information provided is true or false; and
(b) whether the person provides the information at the request of the Commissioner or a member of the Commissioner's staff or on the person's own initiative; and
(c) despite any duty of secrecy or confidentiality or any other restriction on the provision of information applicable to the person.
This Act’s bill:Explanatory statement
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