New South Wales Consolidated Acts

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HEALTH RECORDS AND INFORMATION PRIVACY ACT 2002 - SECT 72

Protection from liability

72 Protection from liability

(1) Civil proceedings do not lie against a person in respect of loss, damage or injury of any kind suffered by another person by reason only of any of the following acts done in good faith--
(a) the making of a complaint or application under this Act,
(b) the making of a statement to, or the giving of a document or information to, the Privacy Commissioner, whether or not pursuant to a requirement under section 59 or 63.
(2) If an organisation provides an individual with access to health information under this Act, and the access was required by HPP 7 (Access to health information) or Part 4, or an employee, officer or agent of the organisation believed in good faith that the access was required by HPP 7 or a provision of Part 4--
(a) no action for defamation or breach of confidence lies against the organisation, any employee, officer or agent of the organisation or the Crown by reason of the provision of access, and
(b) no action for defamation or breach of confidence in respect of any publication involved in, or resulting from, the giving of access lies against the person who provided the health information to the organisation by reason of the person having supplied the health information to the organisation, and
(c) the organisation, or any employee, officer or agent of the organisation, or any other person concerned in giving access to the health information is not guilty of an offence merely because of the giving of access.
(3) The provision of access to health information in the circumstances referred to in subsection (2) must not be taken to constitute, for the purposes of the law relating to defamation or breach of confidence, an authorisation or approval of the publication of the health information by the person to whom access to the information is provided.



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