Health Ombudsman Act 2013
sec.263ANon-disclosure agreements
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sec.263A Non-disclosure agreements
A provision of a non-disclosure agreement is void to the extent it prevents or limits a person from— making either of the following, in good faith— a health service complaint; a notification under the National Law, part 8 , division 2 or 3 ; or giving information, documents or other assistance in the course of an investigation or for another purpose under this Act or the National Law to a person performing functions under this Act or the National Law. A relevant person must not enter into a non-disclosure agreement unless the agreement sets out, clearly and in writing, that the agreement does not limit a person from— making either of the following, in good faith— a health service complaint; a notification under the National Law, part 8 , division 2 or 3 ; or giving information, documents or other assistance in the course of an investigation or for another purpose under this Act or the National Law to a person performing functions under this Act or the National Law. Maximum penalty— for an individual—30 penalty units; or for a corporation—60 penalty units. In this section— non-disclosure agreement means a contract or other agreement that prohibits or restricts the disclosure of information or documents by a person in relation to the health, conduct or performance of a health service provider or former health service provider. relevant person means the following— an employer or former employer of a health service provider or former health service provider; a health service provider. s 263A ins 2025 Act No. 6 s 12 (sec.263A-ssec.1) A provision of a non-disclosure agreement is void to the extent it prevents or limits a person from— making either of the following, in good faith— a health service complaint; a notification under the National Law, part 8 , division 2 or 3 ; or giving information, documents or other assistance in the course of an investigation or for another purpose under this Act or the National Law to a person performing functions under this Act or the National Law. (sec.263A-ssec.2) A relevant person must not enter into a non-disclosure agreement unless the agreement sets out, clearly and in writing, that the agreement does not limit a person from— making either of the following, in good faith— a health service complaint; a notification under the National Law, part 8 , division 2 or 3 ; or giving information, documents or other assistance in the course of an investigation or for another purpose under this Act or the National Law to a person performing functions under this Act or the National Law. Maximum penalty— for an individual—30 penalty units; or for a corporation—60 penalty units. (sec.263A-ssec.3) In this section— non-disclosure agreement means a contract or other agreement that prohibits or restricts the disclosure of information or documents by a person in relation to the health, conduct or performance of a health service provider or former health service provider. relevant person means the following— an employer or former employer of a health service provider or former health service provider; a health service provider.