Commonwealth Numbered Acts

HEALTH LEGISLATION AMENDMENT ACT 1986 No. 75 of 1986 - SECT 43

43. Section 124S of the Principal Act is amended-
(a) by omitting from paragraph (1) (a) "practitioner" and substituting

"person";
(b) by omitting from sub-section (2) "practitioner" (wherever occurring)
and substituting "person"; and

   (c)  by adding at the end the following sub-sections:

"(3) Where a Committee determines that an undertaking given by an approved
pathology practitioner or an approved pathology authority should be revoked,
the Minister shall revoke the undertaking as soon as practicable after the
determination takes effect.

"(4) Where a Committee gives to the Minister a notice under paragraph 124Q (1)
(a), in relation to a determination under section 124FB or 124FC, the
Minister-

   (a)  may, if the Minister thinks fit, publish a copy of the notice in the
        Gazette; and

   (b)  shall cause a copy of the notice to be laid before each House of the
        Parliament within 15 sitting days of that House after the notice has
        been given to the Minister.

"(5) An action or proceeding, civil or criminal, does not lie against a person
for publishing in good faith a copy of, a fair extract from or a fair abstract
of a publication made in accordance with this section.

"(6) For the purposes of sub-section (6), a publication shall be deemed to be
made in good faith if the person by whom it is made is not actuated by ill
will to the person affected by the publication or by any other improper
motive.

"(7) Nothing in sub-section (5) or (6) limits or prevents the operation of any
rule of absolute privilege relating to the publication by either House of the
Parliament of any document laid before it.

"(8) Nothing in this section authorizes the publication of the name of a
patient or particulars that would enable a patient to be identified.

"(9) Where a determination of the kind referred to in sub-paragraph 124FB (1)
(e) (iv), (v) or (vi) or 124FC (1) (e) (iv) or (v) takes effect, the Minister
shall publish particulars of the determination in accordance with the
regulations.".