Health Practitioner Regulation National Law (NSW)
237BNon-disclosure agreements
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237B Non-disclosure agreements
237B Non-disclosure agreements
(1) A provision of a non-disclosure agreement is void to the extent it prevents or limits a person from—
(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.
(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—
(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.
Maximum penalty—
(a) for an individual—$5,000; or
(b) for a body corporate—$10,000.
(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—
(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.
s 237B: Ins 2025 No 6, sec 22.