New South Wales Consolidated Acts

HEALTH SERVICES ACT 1997 - SECT 139

139 Liability of persons conducting performance reviews etc

(1) This section applies with respect to the provision of expert advice or assistance by a person, for or on behalf of a public health organisation or the Director-General and in the person’s professional capacity, in connection with:

(a) a review of the performance or conduct of, or

(b) a review to determine whether to take disciplinary action in relation to,

any visiting practitioner or relevant employee.

(2) No matter or thing done by the person in providing the advice or assistance subjects the person personally to any action, liability, claim or demand if the matter or thing was done by the person in good faith for the purposes of executing this or any other Act.

(3) If subsection (2) prevents liability attaching to a person, the liability attaches instead to the public health organisation concerned or the Director-General (as the case may be).

(4) A reference in this section to the Director-General is a reference to the Director-General in respect of the provision of ambulance services under Chapter 5A or the provision of health support services under Part 1A of Chapter 10.

(5) In this section:
"relevant employee" means:

(a) a member of the NSW Health Service, or

(b) a person who:

(i) is an employee of an affiliated health organisation that is not a declared affiliated health organisation, and

(ii) is employed in relation to a recognised establishment or recognised service of the organisation.