New South Wales Consolidated Acts

INDEPENDENT COMMISSION AGAINST CORRUPTION ACT 1988 - SECT 79O

79O Protections from liability

(1) Except as provided by this section, a protected person, in relation to protected action taken by the person that is or involves the disclosure of information--

(a) does not incur civil liability, including liability for breaching a duty of secrecy or confidentiality or another restriction on disclosure applicable to the person, whether or not imposed by an Act, and

(b) does not incur criminal liability, including liability for breaching a law or code of conduct imposing a duty of confidentiality or other restriction in relation to the disclosure of information, and

(c) is not liable to disciplinary action.

(2) This section applies to protected action taken at the request of, or in response to a requirement of, a primary agency only to the extent that the protected action--

(a) is relevant to the matter in relation to which the request or requirement is made, or

(b) constitutes an independent disclosure showing or tending to show serious wrongdoing.

(3) This section does not protect a protected person against liability for past conduct of the person that is disclosed by the person while taking protected action.

Note--: Section 79P permits a primary agency to recommend to the Attorney General an undertaking be given in the circumstances described in this subsection.

(4) If a person who is not a public official takes protected action that breaches a privilege arising from a legally privileged communication, this section protects the person from the consequences of the breach only to the extent that--

(a) the protected action was taken to comply with or perform a protected obligation, or

(b) another provision of this Act protects the person from the consequences of the breach, or

(c) the privilege was waived by a person having authority to do so.

(5) This section does not limit the operation of section 26, 37(3) or 37(5).

(6) In this section--

"public official" has the same meaning as in the Public Interest Disclosures Act 2022 .