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JUSTICE & CONSTITUTIONAL DEVELOPMENT PORTFOLIO COMMITTEE
29 February 2000
PROTECTION OF DISCLOSURES BILL
Documents handed out
Protection of Disclosure Bill [29/2/2000]
Protection of Disclosures Bill, A Short Comment, Richard Calland, Idasa
This meeting was not minuted.
The Committee discussed Sections 1-3 of the new draft of the Bill. The content is similar to preceding drafts, although some elements have been lost. The style is different due to the work of the new drafter, Mr J de Lange.
The definitions of 'detriment' and 'disclosure' attracted attention. A new paragraph (f) has been added to section 1(ii) - ('disclosure'). The new paragraph deals with the disclosure of information relating to unfair discrimination as contemplated in the Promotion of Equality and Prevention of Unfair Discrimination Act.
The central conceptual issue was the relationship between section 3 (exclusion of liability) and section 10(1) (unprotected disclosures in breach of a law). This issue is canvassed in some detail in Mr Calland's comment.
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