248Immunity for reporting unfit rail safety worker

248 Immunity for reporting unfit rail safety worker

248 Immunity for reporting unfit rail safety worker

(1) No action may be taken against a person to whom this section applies who, in good faith, reports to—

(a) ONRSR; or

(b) a member of ONRSR; or

(c) a rail transport operator; or

(d) any other person who is employed or engaged by ONRSR or a rail transport operator,

any information which discloses that a person is unfit to carry out rail safety work or certain types of rail safety work or that it may be dangerous to allow that person to carry out rail safety work or certain types of rail safety work.

(2) No action may be taken against a person to whom this section applies who, in good faith, reports—

(a) the results of a test or examination carried out under this Law or the national regulations; or

(b) an opinion formed by that person as a result of conducting such a test or examination,

to a person referred to in subsection (1)(a), (b), (c) or (d).

(3) In this section—

person to whom this section applies means—

(a) a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); or

(b) a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a student); or

(c) a person registered under the Health Practitioner Regulation National Law to practise in the optometry profession (other than as a student); or

(d) a person registered under the Health Practitioner Regulation National Law to practise in the physiotherapy profession (other than as a student); or

(e) a person brought within the ambit of this definition by the national regulations.