Document ID: chunk:federal_register_of_legislation:C2025C00122:section:2:p26
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 2 (pt 26/53)
Character Range: 403164–405934

one of an approved provider's *key personnel;
 (c) a *staff member of an approved provider;
 (d) a care recipient of an approved provider, or a family member, carer, representative, advocate (including an independent advocate) of the recipient, or another person who is significant to the recipient;
 (e) a volunteer who provides care or services for an approved provider.
 (2) The disclosure of the information by the discloser qualifies for protection under this section if:
 (a) the disclosure is made to one of the following:
 (i) the *Quality and Safety Commissioner;
 (ii) the approved provider;
 (iii) one of the approved provider's *key personnel;
 (iv) a *staff member of an approved provider;
 (v) another person authorised by the approved provider to receive reports of *reportable incidents;
 (vi) if the disclosure is reported to another person in accordance with the Quality of Care Principles—that person;
 (vii) a police officer; and
 (b) the discloser informs the person to whom the disclosure is made of the discloser's name before making the disclosure; and
 (c) the discloser has reasonable grounds to suspect that the information indicates that a reportable incident has occurred; and
 (d) the discloser makes the disclosure in good faith.

54‑5  Disclosure that qualifies for protection not actionable etc.
 (1) If a person makes a disclosure that qualifies for protection under section 54‑4:
 (a) the person is not subject to any civil or criminal liability for making the disclosure; and
 (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.
Note: The person is still subject to any civil or criminal liability for conduct of the person that may be revealed by the disclosure.
 (2) Without limiting subsection (1):
 (a) the person has qualified privilege (see subsection (3)) in respect of the disclosure; and
 (b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.
 (3) For the purpose of paragraph (2)(a), qualified privilege, in respect of the disclosure, means that the person:
 (a) has qualified privilege in proceedings for defamation; and
 (b) is not, in the absence of malice on the person's part, liable to an action for defamation at the suit of a person;
in respect of the disclosure.
 (4) For the purpose of paragraph (3)(b), malice includes ill will to the person concerned or any other improper motive.
 (5) This section does not limit or affect any right, privilege or immunity that a person has, apart from this section, as a defendant in proceedings, or an action, for defamation.
 (6) Without limiting paragraphs (1)(b) and (2)(b), if a court