Document ID: chunk:federal_register_of_legislation:C2020A00135:clause:11_51b:p2
Version: federal_register_of_legislation:C2020A00135
Segment Type: clause
Provision Reference: sch 11 cl 51B (pt 2/2)
Character Range: 211552–212822

under subsection (5).
 (7) A licensee who has qualified privilege under subsection (6) in respect of conduct is also not liable for any action based on breach of confidence in relation to that conduct.

Compensating the affected consumer for loss or damage
 (8) If, after the investigation is completed, there are reasonable grounds to believe that:
 (a) the affected consumer has suffered or will suffer loss or damage as a result of the reportable situation; and
 (b) the affected consumer has a legally enforceable right to recover the loss or damage from the licensee;
the licensee must take reasonable steps to pay the affected consumer an amount equal to the loss or damage within 30 days after the investigation is completed.
Civil penalty: 5,000 penalty units.

Nothing affects right of affected consumer to pursue legally enforceable rights
 (9) Nothing in this section affects any legally enforceable right of the affected consumer to recover loss or damage that the affected consumer suffers, or will suffer, as a result of a reportable situation.
 (10) However, a court may take into account the amount paid by the licensee under this section when quantifying the amount of compensation (if any) to be paid by the licensee in relation to that loss or damage.