sec.116Protection from liability

### sec.116 Protection from liability A person who is or was a member of an RCA team, or relevant person for an RCA team, is not civilly liable for an act done, or omission made, honestly and without negligence under this division. Without limiting subsection (1) , if the act or omission involves giving information— in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and if the person would otherwise be required to maintain confidentiality about the information given under an Act, oath, or rule of law or practice, the person— does not contravene the Act , oath, or rule of law or practice by giving the information; and is not liable to disciplinary action for giving the information. If a person who is or was a member of an RCA team, or relevant person for an RCA team, incurs costs in defending proceedings relating to a liability against which the person is protected under this section, the person must be indemnified by— if the chief executive appointed the RCA team members—the State; or if a health service chief executive appointed the RCA team members—the Service; or if the individual who has the day-to-day management of a private health facility or the individual who has overall management responsibility for the facility appointed the RCA team members—the licensee of the private health facility; or if the individual who has the day-to-day management of a prescribed health service facility or the individual who has overall management responsibility for the facility appointed the RCA team members—the person prescribed by regulation for the facility for this section. s 116 amd 2012 No. 9 s 54 sch ; 2014 No. 65 s 32 (sec.116-ssec.1) A person who is or was a member of an RCA team, or relevant person for an RCA team, is not civilly liable for an act done, or omission made, honestly and without negligence under this division. (sec.116-ssec.2) Without limiting subsection (1) , if the act or omission involves giving information— in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and if the person would otherwise be required to maintain confidentiality about the information given under an Act, oath, or rule of law or practice, the person— does not contravene the Act , oath, or rule of law or practice by giving the information; and is not liable to disciplinary action for giving the information. (sec.116-ssec.3) If a person who is or was a member of an RCA team, or relevant person for an RCA team, incurs costs in defending proceedings relating to a liability against which the person is protected under this section, the person must be indemnified by— if the chief executive appointed the RCA team members—the State; or if a health service chief executive appointed the RCA team members—the Service; or if the individual who has the day-to-day management of a private health facility or the individual who has overall management responsibility for the facility appointed the RCA team members—the licensee of the private health facility; or if the individual who has the day-to-day management of a prescribed health service facility or the individual who has overall management responsibility for the facility appointed the RCA team members—the person prescribed by regulation for the facility for this section. - (a) in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and - (b) if the person would otherwise be required to maintain confidentiality about the information given under an Act, oath, or rule of law or practice, the person— (i) does not contravene the Act , oath, or rule of law or practice by giving the information; and (ii) is not liable to disciplinary action for giving the information. - (i) does not contravene the Act , oath, or rule of law or practice by giving the information; and - (ii) is not liable to disciplinary action for giving the information. - (i) does not contravene the Act , oath, or rule of law or practice by giving the information; and - (ii) is not liable to disciplinary action for giving the information. - (a) if the chief executive appointed the RCA team members—the State; or - (b) if a health service chief executive appointed the RCA team members—the Service; or - (c) if the individual who has the day-to-day management of a private health facility or the individual who has overall management responsibility for the facility appointed the RCA team members—the licensee of the private health facility; or - (d) if the individual who has the day-to-day management of a prescribed health service facility or the individual who has overall management responsibility for the facility appointed the RCA team members—the person prescribed by regulation for the facility for this section.