No. 27
334
Freedom of Information
2003
no action for defamation or breach of confidence shall lie by reas rn of the
authorising or giving of the access, against the Government or a public
authority or against the officer who authorised the access or any person
who gave the access.
(2) The giving of access to a document (including an exempt
document) in consequence of a request shall not be taken, for the purposes
of the law relating to defamation or breach of confidence, to constitute an
authorisation or approval of the publication of the document or of its
contents by the person to whom the access was given.
Protection in
respect of
offences
38. Where access has been given to a document and
(a) the access was required by this Act to be given; or
(b) the access was authorised by a Minister or by an officer
having authority, in accordance with section 23 to make
decisions in respect of requests, in the bona fide belief
that the access was required by this Act to be given,
cons-,rued
neither the person authorising the access nor any person
in
the giving of the access is guilty of a criminal offence by reason only of
the authorising or giving of the access.
Judicial review
39. (1) Any person aggrieved by a decision of a public authority
under this Act may apply to the High Court for judicial review of the
decision.
(2) Notwithstanding any other law to the contrary, where an
application for judicial review of a decision of a public authority under this
Act is made under subsection (1), that application shall be heard and
determined by a Judge in Chambers, unless the Court directs otherwise.
(3) In this section "decision of a public authority" includes the
failure of a public authority to comply with provisions of this Act.
Report to
Parliament
40. (1) The Minister shall, as soon as practicable after the
thirty-first of December of each year, prepare a report on the c -)eration
of this Act during that year and cause a copy of the report to be laid
before Parliament.
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