139Liability of persons conducting performance reviews etc

#### 139 Liability of persons conducting performance reviews etc 139 Liability of persons conducting performance reviews etc > > (1) This section applies with respect to the provision of expert advice or assistance by a person, for or on behalf of a public health organisation or the Health Secretary and in the person’s professional capacity, in connection with— > > > > > (a) a review of the performance or conduct of any visiting practitioner or relevant employee, or > > > > > (b) a review to determine whether to take disciplinary action in relation to any visiting practitioner or relevant employee, or > > > > > (c) a review or inquiry conducted in relation to the operation of the public health system or any part of that system. > > > (2) No matter or thing done by the person in providing the advice or assistance subjects the person personally to any action, liability, claim or demand if the matter or thing was done by the person in good faith for the purposes of executing this or any other Act. > > > (3) If subsection (2) prevents liability attaching to a person, the liability attaches instead to the public health organisation concerned or the Health Secretary (as the case may be). > > > (4) A reference in this section to the Health Secretary is a reference to the Health Secretary in respect of the provision of ambulance services under Chapter 5A or the provision of health support services under Part 1A of Chapter 10. > > > (5) In this section— > > > > relevant employee means— > > > > > (a) a member of the NSW Health Service, or > > > > > (b) a person who— > > > > > > > (i) is an employee of an affiliated health organisation that is not a declared affiliated health organisation, and > > > > > > > (ii) is employed in relation to a recognised establishment or recognised service of the organisation. > > **s 139:** Rep 1999 No 85, Sch 4. Ins 2007 No 89, Sch 2.5 \[5\]. Am 2009 No 15, Sch 1.4 \[3\] \[4\]; 2016 No 45, Sch 2 \[9\].