Page:National Anti-Corruption Commission Act 2022.pdf/49

 Division 2—Protection of persons from liability

24 Protection of persons from liability

(1) If a person makes a NACC disclosure:


 * (a) the person is not subject to any civil, criminal or administrative liability (including disciplinary action) for the NACC 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 NACC disclosure.

(2) Without limiting subsection (1):


 * (a) the person has absolute privilege in proceedings for defamation in respect of the NACC disclosure; and


 * (b) a contract to which the person is a party must not be terminated on the basis that the NACC disclosure constitutes a breach of the contract.

25 Liability for false or misleading statements unaffected

(1) Section 24 does not apply to civil, criminal or administrative liability (including disciplinary action) for knowingly making a statement that is false or misleading.

(2) Without limiting subsection (1), section 24 does not apply to liability for an offence against section 137.1, 137.2, 144.1 or 145.1 of the Criminal Code.

26 Person's liability for own conduct not affected

To avoid doubt, whether the person's disclosure of their own conduct is a NACC disclosure does not affect the person's liability for the conduct.

27 Claims for protection

(1) If, in civil or criminal proceedings (the primary proceedings) instituted against a person in a court, the person makes a claim