Australian Capital Territory Numbered Acts

HEALTH SERVICES ACT 1990 (NO. 62 OF 1990) - SECT 53

(2) Without limiting the generality of subsection (1), a person who is or has been a specified member has qualified privilege in proceedings for defamation in respect of—

        (a)     any oral or written statement made by that person in the performance or exercise or purported performance or exercise of a function, power or authority; or

        (b)     the contents of a report or other information published by—

              (i)     where the person is or has been a member—the Board; or

              (ii)     where the person is or has been a member of an approved committee—that committee.

(3) A person who is or has been a specified member is entitled to be indemnified by the Board against any costs incurred by the person in contesting any action, claim or demand brought or made against the person in respect of any act done or omitted to be done in good faith by the person in performance or exercise or purported performance or exercise of any function, power or authority conferred on the person in his or her capacity as a specified member.

(4) Nothing in subsection (1) shall be taken to affect any liability that the Board would, but for that subsection, have in respect of an act or omission referred to in that subsection.

(5) In this section—