Commonwealth Consolidated Acts

FAIR WORK (REGISTERED ORGANISATIONS) ACT 2009 - SECT 337B

  (1)   If a person makes a disclosure that qualifies for protection under this Part:

  (a)   the person is not subject to any civil or criminal liability 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.

Note:   This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.

  (2)   Without limiting subsection   (1):

  (a)   the person has qualified privilege (see subsection   (3)) in respect of the disclosure; and

  (b)   a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.

  (3)   For the purpose of paragraph   (2)(a), qualified privilege , in respect of the disclosure, means that the person:

  (a)   has qualified privilege in proceedings for defamation; and

  (b)   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.

  (4)   For the purpose of paragraph   (3)(b), malice includes ill will to the person concerned or any other improper motive.

  (5)   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.