Document ID: chunk:federal_register_of_legislation:C2024C00616:section:12a
Version: federal_register_of_legislation:C2024C00616
Segment Type: section
Provision Reference: s 12A
Character Range: 30922–32496

12A  Witnesses—immunity from liability etc.

Scope
 (1) This section applies to an individual (the witness) who provides assistance in relation to a public interest disclosure (other than the individual who makes the disclosure), subject to section 12B.

Meaning of provides assistance
 (2) A person provides assistance in relation to a public interest disclosure if the person gives information or produces a document or other thing, or answers a question, that the person considers on reasonable grounds to be relevant to:
 (a) the making of a decision in relation to the allocation of a disclosure under section 43; or
 (b) a disclosure investigation or a proposed disclosure investigation; or
 (c) a review or proposed review by the Ombudsman or the IGIS, under subsection 55(3), about the handling of a disclosure.

Immunity from civil, criminal or administrative action
 (3) The witness is not subject to any civil, criminal or administrative liability (including disciplinary action) because of the assistance provided.

Immunity from enforcement of remedies or rights
 (4) No contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the witness on the basis of the assistance provided.

Absolute privilege
 (5) Without limiting subsections (3) and (4):
 (a) the witness has absolute privilege in proceedings for defamation in respect of the assistance provided; and
 (b) a contract to which the witness is a party must not be terminated on the basis that the assistance provided constitutes a breach of the contract.