Immunity for appropriate disclosure of public interest information
5 Immunity for appropriate disclosure of public interest information
If—
a person makes an appropriate disclosure of environmental and health information; or
a public officer makes an appropriate disclosure of public administration information, the person is not subject to any liability as a result of that disclosure.
This section has effect despite any duty of secrecy or confidentiality or any other restriction on disclosure (whether or not imposed by an Act) applicable to the person.
A person makes an appropriate disclosure of environmental and health information for the purposes of this Act if the disclosure is made to a relevant authority and the person—
believes on reasonable grounds that the information is true;
or
is not in a position to form a belief on reasonable grounds about the truth of the information but believes on reasonable grounds that the information may be true and is of sufficient significance to justify its disclosure so that its truth may be investigated.
A public officer makes an appropriate disclosure of public administration information for the purposes of this Act if the disclosure is made to a relevant authority and the public officer reasonably suspects that the information raises a potential issue of corruption, misconduct or maladministration in public administration.
A disclosure of public interest information is made to a
relevant authority if it is made to—
where the information relates to a public officer—
a person who is, in accordance with any guidelines prepared under section 14, designated as a person who is taken to be responsible for the management or supervision of the public officer or to the relevant responsible officer; or
a person who is, in fact, responsible for the management or supervision of the public officer or to the relevant responsible officer;
or
where the information relates to a public sector agency or public sector employee—
the Commissioner for Public Sector Employment; or
the responsible officer for the relevant public sector agency;
or
where the information relates to an agency to which the
Ombudsman Act 1972 applies—the Ombudsman; or
where the information relates to a location within the area of a particular council established under the Local Government Act 1999—a member, officer or employee of that council; or
where the information relates to a risk to the environment—the Environment Protection Authority; or
where the information relates to an irregular and unauthorised use of public money or substantial mismanagement of public resources—the
Auditor-General; or
where the information relates to the commission, or suspected commission, of any offence—a member of the police force;
or
where the information relates to a judicial officer—the
Judicial Conduct Commissioner; or
where the information relates to a member of Parliament—the
Presiding Officer of the House of Parliament to which the member belongs;
or
where the information relates to a person or a matter of a prescribed class—an authority declared by the regulations to be a relevant authority in relation to such information; or
a Minister of the Crown; or
OPI; or
any other prescribed person or person of a prescribed class.
This provision refers to the regulations (prescribed class
, declared by the regulations
, prescribed person
). Made under this Act:
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