sec.88Protection from liability

### sec.88 Protection from liability A person who is or was a member of a committee, or relevant person for a committee, 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 a committee, or a relevant person for a committee, 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 established the committee—the State; or if a Service established the committee—the Service; or if a professional association, society, college or other entity established the committee—the entity that established the committee; or if the licensee of a private health facility established the committee—the licensee of the private health facility. For subsection (3) , if the committee was established jointly by the entities mentioned in subsection (3) (a) to (d) , the person must be indemnified jointly by the entities responsible for indemnifying the person. s 88 amd 2012 No. 9 s 54 sch (sec.88-ssec.1) A person who is or was a member of a committee, or relevant person for a committee, is not civilly liable for an act done, or omission made, honestly and without negligence under this division. (sec.88-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.88-ssec.3) If a person who is or was a member of a committee, or a relevant person for a committee, 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 established the committee—the State; or if a Service established the committee—the Service; or if a professional association, society, college or other entity established the committee—the entity that established the committee; or if the licensee of a private health facility established the committee—the licensee of the private health facility. (sec.88-ssec.4) For subsection (3) , if the committee was established jointly by the entities mentioned in subsection (3) (a) to (d) , the person must be indemnified jointly by the entities responsible for indemnifying the person. - (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 established the committee—the State; or - (b) if a Service established the committee—the Service; or - (c) if a professional association, society, college or other entity established the committee—the entity that established the committee; or - (d) if the licensee of a private health facility established the committee—the licensee of the private health facility.