The Legislative Council has passed a Bill aiming to protect those who make public interest disclosures and to provide for making and dealing with the disclosures.

Proposed amendment to Defamation Act

The Public Interest Disclosures Bill 2021 (the Bill) would replace s 26 of the Defamation Act 2005 (NSW) to specify matters under the Bill to which absolute privilege applies under the Defamation Act. The matter specified is:

• matter that is published of or concerning a public interest disclosure — if the publication is by the maker of the disclosure and while making the disclosure, or

• matter that is published of or concerning a public interest disclosure or a disclosure that appears to be a public interest disclosure — if the publication is by an agency or public official and while exercising a function under the proposed Act in relation to the disclosure (see the Bill, Sch 8, cl 8.5).

Background to the Bill

The Special Minister of State introduced the Bill the NSW Legislative Council on 14 October 2021 to replace the Public Interest Disclosures Act 1994 (the current Act) in its entirety and enhance whistleblower protections in NSW in response to:

• the Review of the Public Interest Disclosures Act 1994 by the Committee on the Ombudsman, the Law Enforcement Conduct Commission and the Crime Commission (October 2017), and

• the Report on the inquiry into protections for people who make voluntary disclosures to the Independent Commission Against Corruption by the Joint...

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