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Health Practitioner Regulation National Law Act 2009
sec.237BNon-disclosure agreements
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### sec.237B Non-disclosure agreements
A provision of a non-disclosure agreement is void to the extent it prevents or limits a person from—
making a notification, in good faith, under this Law; or
giving information, documents or other assistance in the course of an investigation or for another purpose under this Law to a person exercising functions under this 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 a notification, in good faith, under this Law; or
giving information, documents or other assistance in the course of an investigation or for another purpose under this Law to a person exercising functions under this Law.
Maximum penalty—
for an individual—$5,000; or
for a body corporate—$10,000.
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 registered health practitioner or former registered health practitioner.
relevant person means the following—
an employer or former employer of a registered health practitioner or a person who was registered under this Law;
a health service provider whose services are provided by registered health practitioners;
a registered health practitioner.
sch s 237B ins 2025 No. 6 s 22
(sec.237B-ssec.1) A provision of a non-disclosure agreement is void to the extent it prevents or limits a person from— making a notification, in good faith, under this Law; or giving information, documents or other assistance in the course of an investigation or for another purpose under this Law to a person exercising functions under this Law.
(sec.237B-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 a notification, in good faith, under this Law; or giving information, documents or other assistance in the course of an investigation or for another purpose under this Law to a person exercising functions under this Law. Maximum penalty— for an individual—$5,000; or for a body corporate—$10,000.
(sec.237B-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 registered health practitioner or former registered health practitioner. relevant person means the following— an employer or former employer of a registered health practitioner or a person who was registered under this Law; a health service provider whose services are provided by registered health practitioners; a registered health practitioner.
- (a) making a notification, in good faith, under this Law; or
- (b) giving information, documents or other assistance in the course of an investigation or for another purpose under this Law to a person exercising functions under this Law.
- (a) making a notification, in good faith, under this Law; or
- (b) giving information, documents or other assistance in the course of an investigation or for another purpose under this Law to a person exercising functions under this Law.
- (a) for an individual—$5,000; or
- (b) for a body corporate—$10,000.
- (a) an employer or former employer of a registered health practitioner or a person who was registered under this Law;
- (b) a health service provider whose services are provided by registered health practitioners;
- (c) a registered health practitioner.