Commonwealth Consolidated Acts

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Immunity from suit of members of assessment or evaluation committees

  (1)   If:

  (a)   a person ( the relevant person ) engages in any conduct in good faith in connection with a declared quality assurance activity; and

  (b)   the conduct adversely affects any right or interest of another person, being a person who provides health services; and

  (c)   the relevant person engages in the conduct as a member of a committee for the purposes of the making of an assessment or evaluation of services provided by that other person; and

  (d)   all or a majority of the members of the committee are health professionals belonging to the same health profession as that other person;

no action, suit or other civil proceeding, other than a proceeding in respect of a breach of the rules of law relating to procedural fairness that is alleged to have occurred in the course of that conduct, may be brought by the other person against the relevant person in respect of that conduct.

  (2)   If, after the conduct ceased to be engaged in, the relevant quality assurance activity ceases to be a declared quality assurance activity, this section nevertheless continues to apply in respect of the conduct.

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