sec.36MProtection from liability

### sec.36M Protection from liability This section applies if a person, acting honestly and without negligence, gives information under section 36I . The person is not liable, civilly, criminally or under an administrative process, for giving the information. If subsection (2) prevents a civil liability attaching to a person, the liability attaches instead to the State. Also, merely because the person gives the information, the person can not be held to have— breached any code of professional etiquette or ethics; or departed from accepted standards of professional conduct. Without limiting subsections (2) and (4) — 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 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. s 36M ins 2013 No. 64 s 214 (sec.36M-ssec.1) This section applies if a person, acting honestly and without negligence, gives information under section 36I . (sec.36M-ssec.2) The person is not liable, civilly, criminally or under an administrative process, for giving the information. (sec.36M-ssec.3) If subsection (2) prevents a civil liability attaching to a person, the liability attaches instead to the State. (sec.36M-ssec.4) Also, merely because the person gives the information, the person can not be held to have— breached any code of professional etiquette or ethics; or departed from accepted standards of professional conduct. (sec.36M-ssec.5) Without limiting subsections (2) and (4) — 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 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. - (a) breached any code of professional etiquette or ethics; or - (b) departed from accepted standards of professional conduct. - (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 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.