Document ID: chunk:federal_register_of_legislation:C2023A00055:section:58
Version: federal_register_of_legislation:C2023A00055
Segment Type: section
Provision Reference: s 58
Character Range: 68524–69998

58  Disclosure that qualifies for protection not actionable etc.
 (1) If a person makes a disclosure that qualifies for protection under section 57:
 (a) the person is not subject to any civil, criminal or administrative liability (including disciplinary action) for making the disclosure; and
 (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.
 (2) Without limiting subsection (1):
 (a) if the disclosure is made in compliance with a request made by the Inspector‑General—the person:
 (i) has qualified privilege in proceedings for defamation in respect of the disclosure; and
 (ii) is not, in the absence of malice on the person's part, liable to an action for defamation at the suit of a person in respect of the disclosure; and
 (b) if the disclosure is made in compliance with a notice given under subsection 44(2)—the person has absolute privilege in proceedings for defamation in respect of the disclosure; and
 (c) a contract to which the person is a party must not be terminated on the basis that the disclosure constitutes a breach of the contract.
 (3) For the purpose of subparagraph (2)(a)(ii), malice includes ill will to the person concerned or any other improper motive.
 (4) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.