Document ID: chunk:federal_register_of_legislation:C2007A00116:clause:1_126a
Version: federal_register_of_legislation:C2007A00116
Segment Type: clause
Provision Reference: sch 1 cl 126A
Character Range: 2375–3648

126A  Definitions

 (1) In this Division:

harm includes actual physical bodily harm, financial loss, stress or shock, damage to reputation or emotional or psychological harm (such as shame, humiliation and fear).

protected confidence means a communication made by a person in confidence to a journalist (in this Division called the confidant):
 (a) in the course of a relationship in which the confidant was acting in a professional capacity; and
 (b) when the confidant was under an express or implied obligation not to disclose its contents, whether or not the obligation arises under law or can be inferred from the nature of the relationship between the person and the confidant.

Note: This definition differs from the corresponding definition in subsection 126A(1) of the NSW Act, which is not limited to communications to journalists.

protected confider means a person who made a protected confidence.

protected identity information means information about, or enabling a person to ascertain, the identity of the person who made a protected confidence.

 (2) For the purposes of this Division, a communication may be made in confidence even if it is made in the presence of a third party if the third party's presence is necessary to facilitate communication.