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s 99

Protection from liability for giving information

In force
Chapter 5General
Part 1Confidentiality and protection

99 Protection from liability for giving information

(1)

This section applies if a person, acting honestly and without negligence, gives information in compliance with section 29, 51 or 86.

(2)

The person is not liable, civilly, criminally or under an administrative process, for giving the information.

(3)

Also, merely because the person gives the information, the person can not be held to have—

(a)

breached any code of professional etiquette or ethics; or

(b)

departed from accepted standards of professional conduct.

(4)

Without limiting subsections (2) and (3)—

(a)

in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and

(b)

if the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person—

(i)

does not contravene the Act, oath or rule of law or practice by giving the information; and

(ii)

is not liable to disciplinary action for giving the information.

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