Health Ombudsman Act 2013
sec.275Information given to health ombudsman and others
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sec.275 Information given to health ombudsman and others
This section applies to a person who, honestly and on reasonable grounds, gives information to the health ombudsman, a staff member of the Office of the Health Ombudsman or an authorised person— for the purpose of a health service complaint; or in the course of an investigation under part 8 or inquiry under part 12 ; or otherwise under this Act. The person is not subject to any liability for giving the information and no action, claim or demand may be taken or made of or against the person 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 (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 reference in this section to a person giving information includes the person giving the person’s expert advice about a matter or the person’s opinion about a matter. In this section— information includes a document. (sec.275-ssec.1) This section applies to a person who, honestly and on reasonable grounds, gives information to the health ombudsman, a staff member of the Office of the Health Ombudsman or an authorised person— for the purpose of a health service complaint; or in the course of an investigation under part 8 or inquiry under part 12 ; or otherwise under this Act. (sec.275-ssec.2) The person is not subject to any liability for giving the information and no action, claim or demand may be taken or made of or against the person for giving the information. (sec.275-ssec.3) 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.275-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. (sec.275-ssec.5) A reference in this section to a person giving information includes the person giving the person’s expert advice about a matter or the person’s opinion about a matter. (sec.275-ssec.6) In this section— information includes a document.