HEALTH SERVICES ACT 1997 - SECT 139
Liability of persons conducting performance reviews etc
HEALTH SERVICES ACT 1997 - SECT 139
Liability of persons conducting performance reviews etc
139 Liability of persons conducting performance reviews etc
(1) This section
applies with respect to the provision of expert advice or assistance by a
person, for or on behalf of a public health organisation or the Health
Secretary and in the person's professional capacity, in connection with--
(a)
a review of the performance or conduct of any visiting practitioner or
relevant employee, or
(b) a review to determine whether to take disciplinary
action in relation to any visiting practitioner or relevant employee, or
(c)
a review or inquiry conducted in relation to the operation of the public
health system or any part of that system.
(2) No matter or thing done by the
person in providing the advice or assistance subjects the person personally to
any action, liability, claim or demand if the matter or thing was done by the
person in good faith for the purposes of executing this or any other Act.
(3)
If subsection (2) prevents liability attaching to a person, the liability
attaches instead to the public health organisation concerned or the Health
Secretary (as the case may be).
(4) A reference in this section to the Health
Secretary is a reference to the Health Secretary in respect of the provision
of ambulance services under Chapter 5A or the provision of health support
services under Part 1A of Chapter 10.
(5) In this section--
"relevant employee" means--
(a) a member of the NSW Health Service, or
(b) a
person who--
(i) is an employee of an affiliated health organisation that is
not a declared affiliated health organisation, and
(ii) is employed in
relation to a recognised establishment or recognised service of the
organisation.
