Queensland Numbered Acts

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HEALTH AND HOSPITALS NETWORK ACT 2011 No. 32 - SECT 116

116 Protection from liability

(1) A person who is or was a member of an RCA team, or relevant person for an RCA team, is not civilly liable for an act done, or omission made, honestly and without negligence under this division.

(2) Without limiting subsection (1), if the act or omission involves giving information—

(a) in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and
(b) if the person would otherwise be required to maintain confidentiality about the information given under an Act, oath, or rule of law or practice, the person—
(i) does not contravene the Act, oath, or rule of law or practice by giving the information; and
(ii) is not liable to disciplinary action for giving the information.

(3) If a person who is or was a member of an RCA team, or relevant person for an RCA team, incurs costs in defending proceedings relating to a liability against which the person is protected under this section, the person must be indemnified by—

(a) if the chief executive appointed the RCA team members—the State; or
(b) if a network chief executive appointed the RCA team members—the network; or
(c) if the individual who has the day-to-day management of a private health facility or the individual who has overall management responsibility for the facility appointed the RCA team members—the licensee of the private health facility.


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