Courts split over FOI defamation threat to whistleblowers

Burgess, Craig N. (2003) Courts split over FOI defamation threat to whistleblowers. Freedom of Information Review (107). pp. 70-72. ISSN 0817-3532

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Abstract

[Introduction]: Suppose you are a 'whistleblower' and you write a letter to a government department that defames a person. And suppose that person retrieves the document by virtue of the Freedom of Information Act (FOI Act). The whistle blower would be protected by the Act from a defamation action, right? Wrong. Or, more correctly, it depends on what state you live in. As a result of recent decisions in Queensland and New South Wales, 'authors of documents subject to discovery under the FOI Act may find they are not 'protected from actions for defamation'.'


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Publisher unable to be reached to confirm copyright policy.
Depositing User: Mrs Cynthia Douglass
Faculty / Department / School: Historic - Faculty of Business - Department of Law
Date Deposited: 20 May 2009 02:07
Last Modified: 02 Jul 2013 23:15
Uncontrolled Keywords: whistleblowers; defamation
Fields of Research (FOR2008): 18 Law and Legal Studies > 1801 Law > 180108 Constitutional Law
18 Law and Legal Studies > 1801 Law > 180103 Administrative Law
URI: http://eprints.usq.edu.au/id/eprint/4996

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