Commonwealth Consolidated Regulations

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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 67.140

Indemnification of medical reporting

  (1)   In this regulation:

"indemnified act" means any of the following acts:

  (a)   advising CASA that a person does not meet a relevant medical standard;

  (b)   expressing to CASA, whether in writing or otherwise, an opinion that a person whom the practitioner has examined or treated may not be competent or medically fit to undertake a duty or exercise a privilege under a licence that the person holds or has applied for, because of:

  (i)   illness or bodily or mental infirmity, defect or incapacity suffered by the person; or

  (ii)   the effect on the person of treatment for any illness, infirmity, defect or incapacity;

  (c)   stating to CASA, whether in writing or otherwise:

  (i)   the nature of a person's illness, infirmity, defect or incapacity; or

  (ii)   the effect on a person of treatment for any illness, infirmity, defect or incapacity.

  (2)   A DAME or DAO is not subject to any civil or criminal liability for doing an indemnified act in good faith in the course of carrying out his or her functions under this Part.

  (3)   A person to whom, or an organisation to which, subregulation   (4) applies is not subject to any civil or criminal liability for doing an indemnified act in good faith in the course of answering any question put to the person or organisation by CASA:

  (a)   that concerns a person who has applied for, or holds, a medical certificate; and

  (b)   that is relevant to any action CASA may take under this Part.

  (4)   This subregulation   applies to:

  (a)   a medical practitioner; and

  (b)   a specialist psychiatrist or clinical psychologist; and

  (c)   a person, organisation, body or authority referred to in paragraph   67.180(6)(b), (c), (d) or (e) or 67.225(6)(b), (c), (d) or (e); and

  (d)   a person, organisation, body or authority acting on behalf of a person, organisation, body or authority referred to in paragraph   (c).

Subpart   67.C -- Medical certificates

 


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