86Protection from liability

86 Protection from liability

(1) A person who lodges a complaint under section 45(1) is not personally liable for any loss, damage or injury suffered by another person by reason only of the lodging of the complaint.

S. 86(2) amended by No. 22/2016 s. 223.

(2) A person who produces a document, or gives any information or evidence, to the Health Complaints Commissioner under this Act is not personally liable for any loss, damage or injury suffered by another person by reason only of that production or giving.

(3) Subsection (4) applies where—

(a) a person has been provided by an organisation with access to health information under this Act; and

(b) the access was required by Part 5 or HPP 6 or the organisation, or an employee or agent of the organisation acting within the scope of his or her actual or apparent authority, believed in good faith that the access was required by Part 5 or HPP 6.

(4) The provision of access to health information in the circumstances referred to in subsection (3)—

(a) is not to be regarded as making the organisation, or any employee or agent of the organisation, liable for defamation or breach of confidence or guilty of a criminal offence by reason only of the provision of access; or

(b) is not to be regarded as making any person who provided the health information to the organisation liable for defamation or breach of confidence in respect of any publication involved in, or resulting from, the provision of access by reason only of the provision of access; or

(c) must not be taken for the purpose of the law relating to defamation or breach of confidence to constitute an authorisation or approval of the publication of the information by the person who is provided with access to it.

(5) An organisation is not in breach of this Act by reason only of—

(a) collecting, using, disclosing or transferring health information; or

(b) providing access to health information; or

(c) correcting health information—

of an individual in response to a consent or request by an authorised representative whose consent or request is void by virtue of section 85(4).

S. 87 (Heading) amended by No. 22/2016 s. 224.

S. 87 amended by No. 22/2016 s. 225(a).