Last Updated: 24 June 2022

[COM 681] Disclosure that qualifies for protection not actionable681 

681
(1) If a person makes a disclosure that qualifies for protection under this Part—
  • (a)the person is not subject to any civil or criminal liability for making the disclosure; and
  • (b)no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.
(2) Without limiting subsection (1)
  • (a)the person has qualified privilege in respect of the disclosure; and
  • (b)a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.
(3) Without limiting subsections (1)(b) and (2)(b), if the court is satisfied that—
  • (a)a person (called the “employee”) is employed in a particular position under a contract of employment with another person (called the “employer”);
  • (b)the employee makes a disclosure that qualifies for protection under this Part; and
  • (c)the employer purports to terminate the contract of employment on the basis of the disclosure,

the court may order that the employee be reinstated in that position or a position at a comparable level.