95Giving of information protected

95 Giving of information protected (1) An action, claim or demand, either civil or criminal, cannot be commenced or continued against a person who, in good faith, provides or produces any information or document to the Commissioner or a staff member or contractor: (a) for the purposes of a complaint; or (b) in the course of an investigation under this Act.

Health and Community Services Complaints Act 1998 51 (2) In proceedings for defamation in relation to a publication it is a lawful excuse that the publication was made in giving the information. (3) A person: (a) on whom a provision of the Act imposes a duty to maintain confidentiality with respect to a matter; or (b) who is subject to an obligation by way of oath, rule of law or practice to maintain confidentiality with respect to the matter; is taken not to have: (c) committed an offence against the Act; or (d) breached the oath, rule of law or practice or a law relevant to the oath, rule of law or practice; or (e) rendered the person liable to disciplinary action; merely because the person has given the information. (4) An obligation to maintain secrecy or any other restriction on providing or producing any information or document does not apply to or in relation to providing or producing any information or document for the purposes of an investigation under this Act.