sec.197AProtection from liability for giving information about alleged harm or risk of harm

### sec.197A Protection from liability for giving information about alleged harm or risk of harm This section applies if a person, acting honestly and reasonably— gives information to the chief executive under chapter 2 , part 1AA ; or otherwise notifies the chief executive or another public service employee employed in the department that the person suspects— a child has suffered harm, is suffering harm or is at risk of suffering harm; or an unborn child may be at risk of harm after he or she is born; or otherwise gives the chief executive, an authorised officer or a police officer— information about alleged harm or alleged risk of harm to a child; or information, relating to an unborn child, about a suspected risk of harm to the child after he or she is born; or gives information to a relevant person or colleague of a relevant person under section 13H . The person is not liable, civilly, criminally or under an administrative process, for giving the notification or information. Also, merely because the person gives the notification or information, the person can not be held to have— breached any code of professional etiquette or ethics; or departed from accepted standards of professional conduct. Without limiting subsections (2) and (3) — in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and if the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person— does not contravene the Act , oath or rule of law or practice by giving the information; and is not liable to disciplinary action for giving the information. s 197A (prev s 22) amd 2004 No. 13 s 10 ; 2004 No. 36 s 14 ; 2014 No. 28 s 8 (1) – (2) reloc and renum 2014 No. 28 s 8 (3) (sec.197A-ssec.1) This section applies if a person, acting honestly and reasonably— gives information to the chief executive under chapter 2 , part 1AA ; or otherwise notifies the chief executive or another public service employee employed in the department that the person suspects— a child has suffered harm, is suffering harm or is at risk of suffering harm; or an unborn child may be at risk of harm after he or she is born; or otherwise gives the chief executive, an authorised officer or a police officer— information about alleged harm or alleged risk of harm to a child; or information, relating to an unborn child, about a suspected risk of harm to the child after he or she is born; or gives information to a relevant person or colleague of a relevant person under section 13H . (sec.197A-ssec.2) The person is not liable, civilly, criminally or under an administrative process, for giving the notification or information. (sec.197A-ssec.3) Also, merely because the person gives the notification or information, the person can not be held to have— breached any code of professional etiquette or ethics; or departed from accepted standards of professional conduct. (sec.197A-ssec.4) Without limiting subsections (2) and (3) — in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and if the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person— does not contravene the Act , oath or rule of law or practice by giving the information; and is not liable to disciplinary action for giving the information. - (a) gives information to the chief executive under chapter 2 , part 1AA ; or - (b) otherwise notifies the chief executive or another public service employee employed in the department that the person suspects— (i) a child has suffered harm, is suffering harm or is at risk of suffering harm; or (ii) an unborn child may be at risk of harm after he or she is born; or - (i) a child has suffered harm, is suffering harm or is at risk of suffering harm; or - (ii) an unborn child may be at risk of harm after he or she is born; or - (c) otherwise gives the chief executive, an authorised officer or a police officer— (i) information about alleged harm or alleged risk of harm to a child; or (ii) information, relating to an unborn child, about a suspected risk of harm to the child after he or she is born; or - (i) information about alleged harm or alleged risk of harm to a child; or - (ii) information, relating to an unborn child, about a suspected risk of harm to the child after he or she is born; or - (d) gives information to a relevant person or colleague of a relevant person under section 13H . - (i) a child has suffered harm, is suffering harm or is at risk of suffering harm; or - (ii) an unborn child may be at risk of harm after he or she is born; or - (i) information about alleged harm or alleged risk of harm to a child; or - (ii) information, relating to an unborn child, about a suspected risk of harm to the child after he or she is born; or - (a) breached any code of professional etiquette or ethics; or - (b) departed from accepted standards of professional conduct. - (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 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. - (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. - (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.