VICIn ForceAct
Health Services Act 1988
128RProtection from liability for SAPSE review panel members
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128R Protection from liability for SAPSE review panel members
(1) A person who is a member of a SAPSE review panel is not personally liable for anything done or omitted to be done in good faith—
(a) in the performance of a function under this Act as a member of a SAPSE review panel; or
(b) in the reasonable belief that the act or omission was in the performance of a function under this Act as a member of a SAPSE review panel.
(2) Any liability resulting from an act or omission that, but for subsection (1), would attach to the person attaches instead to—
(a) the health service entity or entities that appointed the SAPSE review panel; or
(b) if section 128P(3) applies, the health services entities that would have appointed the SAPSE review panel but for the fact that they were unable to agree on the appointments.
(3) Without limiting subsection (1), no liability for defamation is incurred by the person because of—
(a) any statement made orally or in writing in the performance of the person's functions in relation to a SAPSE review; or
(b) any report or information published in the context of a SAPSE review.
S. 128S inserted by No. 4/2022 s. 5.