New South Wales Consolidated Acts

HEALTH PRACTITIONER REGULATION NATIONAL LAW (NSW) - SECT 141C

141C When practitioner does not form reasonable belief in course of providing health service

(1) This section applies if a registered health practitioner (the
"first health practitioner" ) forms a reasonable belief about--

(a) a matter, relating to another registered health practitioner (the
"second health practitioner" ), mentioned in section 141A(1) or 141B(1); or

(b) a matter, relating to a student, mentioned in section 141B(3).

(2) For this Division, the first health practitioner is taken not to form the reasonable belief in the course of providing a health service to the second health practitioner or student if--

(a) the first health practitioner--

(i) is employed or otherwise engaged by an insurer that provides professional indemnity insurance that relates to the second health practitioner or student; and

(ii) forms the reasonable belief about the matter as a result of a disclosure made by a person to the first health practitioner in the course of a legal proceeding or the provision of legal advice arising from the insurance policy; or

(b) the first health practitioner forms the reasonable belief in the course of providing advice in relation to the matter for the purposes of a legal proceeding or the preparation of legal advice; or

(c) the first health practitioner is a legal practitioner and forms the reasonable belief in the course of providing legal services to the second health practitioner or student in relation to a legal proceeding or the preparation of legal advice in which the matter is an issue; or

(d) the first health practitioner--

(i) forms the reasonable belief in the course of exercising functions as a member of a quality assurance committee, council or other body approved or authorised under an Act of a participating jurisdiction; and

(ii) is unable to disclose the information that forms the basis of the reasonable belief because a provision of that Act prohibits the disclosure of the information; or

(e) the first health practitioner knows, or reasonably believes, the National Agency has been notified of the matter that forms the basis of the reasonable belief.