FREEDOM OF INFORMATION ACT 1982

PART VIII - MISCELLANEOUS  

Division 2 - General  

SECTION 91   Protection against civil liability - particular situations  

91(1)  
(Repealed by No 51 of 2010)

91(1A)  


Section 90 applies in relation to the giving of access to a document even if, in giving access, there has been a failure to comply with section 26A , 27 or 27A .

91(1B)  


No action lies against the Commonwealth, an agency, a Minister or an officer merely because of a failure to comply with section 26A , 27 or 27A in relation to giving access to a document.

91(1C)  
If a document has been shown to a person, organisation or proprietor for any of the following purposes:


(a) consultation with a State under subsection 26A(2) ;


(aa) (Repealed by No 59 of 2015)


(b) enabling the person, organisation or proprietor to make a submission under subsection 27(4) ;


(c) enabling the person or the person ' s legal personal representative to make a submission under subsection 27A(3) ;

then:


(d) no action for defamation, breach of confidence or infringement of copyright lies against the Commonwealth, an agency, a Minister or an officer because of the showing of the document; and


(e) no action for defamation or breach of confidence in respect of any publication involved in, or resulting from, the showing of the document lies against the author of the document or any other person because of that author or other person having shown the document.

91(2)  
The giving of access to a document (including an exempt document) in consequence of a request shall not be taken to constitute an authorization or approval:


(a) for the purposes of the law relating to defamation or breach of confidence - of the publication of the document or its contents by the person to whom access is given;


(b) for the purposes of the law of copyright - of the doing, by the person to whom access is given, of any act comprised within the copyright in:


(i) any literary, dramatic, musical or artistic work;

(ii) any sound recording, cinematograph film, television broadcast or sound broadcast; or

(iii) a published edition of a literary, dramatic, musical or artistic work;
contained in the document.

91(2A)  
If a document has been shown to a person, organisation or proprietor for any of the following purposes:


(a) consultation with a State under subsection 26A(1) ;


(aa) (Repealed by No 59 of 2015)


(b) enabling the person, organisation or proprietor to make a submission under subsection 27(1) ;


(c) enabling the person or the person ' s legal personal representative to make a submission under subsection 27A(1) ;

the showing of the document is not taken to constitute an authorisation or approval:


(d) for the purposes of the law relating to defamation or breach of confidence - of the publication of the document or its contents by the person, organisation or proprietor to whom the document is shown; and


(e) for the purposes of the law of copyright - of the doing, by the person, organisation or proprietor to whom the document is shown, of any act comprised within the copyright in:


(i) any literary, dramatic, musical or artistic work; or

(ii) any sound recording, cinematograph film, television broadcast or sound broadcast; or

(iii) a published edition of a literary, dramatic, musical or artistic work;

contained in the document.

91(3)  
Expressions used in paragraph (2)(b) or (2A)(e) have the same meaning as in the Copyright Act 1968 .

91(4)  
For the purposes of paragraphs (1C)(a) and (2A)(a), State has the same meaning as in section 26A .




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