National Disability Insurance Scheme (NSW Enabling) Act 2013
26Protection of contractual and other obligations
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26 Protection of contractual and other obligations
26 Protection of contractual and other obligations
(1) This section applies to the following—
(a) the operation of this Act (including any order under this Act and anything done or omitted to be done under or for the purposes of this Act),
(b) the transfer of disability services assets for the purposes of the authorised implementation,
(c) the entering into or performance of obligations under an implementation arrangement by a public sector agency,
(d) a disclosure of information by, on behalf of or with the consent of a public sector agency for the purposes of the authorised implementation.
(2) None of the matters or things to which this section applies are to be regarded as—
(a) a breach of contract or confidence or otherwise as a civil wrong, or
(b) a breach of any instrument (including, without limitation, any provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities) or as requiring any act to be done under an instrument, or
(c) giving rise to any right or remedy by a party to a contract or other instrument, or as causing or permitting the termination of, or exercise of rights under, any contract or other instrument, or
(d) an event of default under any contract or other instrument, or
(e) giving rise to a breach of, a complaint under or an offence against a provision of an Act that prohibits or restricts the disclosure of information, or
(f) releasing a surety or other obligee wholly or in part from an obligation.
(3) This section does not affect the rights and obligations of the parties to an implementation arrangement in respect of the performance of obligations under the implementation arrangement.
(4) In this section—
instrument means an instrument (other than an instrument made under this Act) or any other document that creates, modifies or extinguishes rights or liabilities (or would do so if lodged, filed or registered in accordance with any law), and includes any judgment, order, process or other instrument issued by a court or tribunal.