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

PDF (Published Version)

Download (215Kb)


[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'.'

Statistics for USQ ePrint 4996
Statistics for this ePrint Item
Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Publisher unable to be reached to confirm copyright policy.
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 : 18 Law and Legal Studies > 1801 Law > 180108 Constitutional Law
18 Law and Legal Studies > 1801 Law > 180103 Administrative Law

Actions (login required)

View Item Archive Repository Staff Only