Western Australian Consolidated Acts

HEALTH SERVICES (QUALITY IMPROVEMENT) ACT 1994 - SECT 12

12 .         Personal liability of members

        (1)         Anything done by a Committee, a member of a Committee or any other person, in good faith for the purposes of the performance of the Committee’s functions, does not subject the member or person personally to any action, liability, claim or demand.

        (2)         Without limiting subsection (1), for the purposes of section 354 of The Criminal Code  — 

            (a)         any statement made orally or in writing by a member of a Committee in good faith and in the performance of the functions of a member; and

            (b)         any report or other information published in good faith by the Committee,

                is to be taken to be published for the information of the public and for the discharge of public functions.

        (3)         A person referred to in subsection (1) is, and is entitled to be, indemnified by the governing body that established the Committee in respect of any costs incurred in defending proceedings in respect of any action, liability, claim or demand against which the person is protected by this section.

        [Section 12 amended by No. 61 of 2004 s. 10.]