New South Wales Consolidated Acts

STATE RECORDS ACT 1998 - SECT 62

62 Protection from liability when access given

(1) When access is given to a record under this Act, including under an access arrangement--

(a) no action for defamation or breach of confidence lies against the State or an agency of the State, the access provider or an officer of or other person acting by or under the authority of the access provider, by reason of the giving of access, and

(b) no action for defamation or breach of confidence in respect of any publication involved in, or resulting from, the giving of access lies against the author of the record or any other person by reason of the author or other person having supplied the record to Museums of History NSW or a public office, and

(c) the giving of access does not constitute, for the purposes of the law relating to defamation or breach of confidence, an authorisation or approval of the publication of the record or its contents by the person to whom access is given, and

(d) a person concerned in the giving of access is not guilty of an offence by reason only of the giving of access.

(2) This section does not apply to access given independently of this Act.

(3) In this section--

"access arrangement" has the same meaning as in section 36A.