sec.230Protection from liability for giving information

sec.230 Protection from liability for giving information

This section applies to the giving of information to the chief executive, by a funded service provider or an NDIS service provider under this Act. A funded service provider or an NDIS service provider, or a person on behalf of the service provider, may give the information despite any other law that would otherwise prohibit or restrict the giving of the information. If a person, acting honestly on reasonable grounds, gives the information to the chief executive, the person is not liable, civilly, criminally or under an administrative process, for giving the information. Also, merely because the person gives the 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 (3) and (4) — 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. In this section— information includes a document. s 230 amd 2016 No. 9 s 48; 2020 No. 39 s 70 sch 1 (sec.230-ssec.1) This section applies to the giving of information to the chief executive, by a funded service provider or an NDIS service provider under this Act. (sec.230-ssec.2) A funded service provider or an NDIS service provider, or a person on behalf of the service provider, may give the information despite any other law that would otherwise prohibit or restrict the giving of the information. (sec.230-ssec.3) If a person, acting honestly on reasonable grounds, gives the information to the chief executive, the person is not liable, civilly, criminally or under an administrative process, for giving the information. (sec.230-ssec.4) Also, merely because the person gives the 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.230-ssec.5) Without limiting subsections (3) and (4) — 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. (sec.230-ssec.6) In this section— information includes a document.

• (a) breached any code of professional etiquette or ethics; or
• (b) departed from accepted standards of professional conduct.