Private Healthcare Facilities and Services Act 1998 · s 71

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71.
Protection of persons carrying out functions as members of Committee
(1)  No person who does any act for any purpose connected with the functions of a Committee, including an act done pursuant to or in connection with the function of a mortality assessment committee established under section 72, shall be under any civil or criminal liability in respect of any such act, whether on the ground of want of jurisdiction, or mistake of law or fact, or on any other ground, unless he has acted in bad faith or without reasonable care.
(2)  No proceedings, civil or criminal, shall be brought against any person in any Court in respect of any such act except by leave of a
Judge of the High Court.
(3)  Notice of any application for leave under subsection (2) shall be given to the person against whom it is sought to bring the

Private Healthcare Facilities and Services                 57
proceedings concerned; and that person shall be entitled to be heard against the application.
(4)  Leave to bring such proceedings shall not be granted unless application for the leave is made within one year after the act complained of, or, in the case of a continuance of injury or damage, within one year after the cessation of the injury or damage.
(5)  In granting the leave to bring any such proceedings, the Judge may limit the time within which the leave may be exercised.

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s 71Protection of persons carrying out functions as members of Committee

(1)

No person who does any act for any purpose connected with the functions of a Committee, including an act done pursuant to or in connection with the function of a mortality assessment committee established under section 72, shall be under any civil or criminal liability in respect of any such act, whether on the ground of want of jurisdiction, or mistake of law or fact, or on any other ground, unless he has acted in bad faith or without reasonable care.

(2)

No proceedings, civil or criminal, shall be brought against any person in any Court in respect of any such act except by leave of a

Judge of the High Court.

(3)

Notice of any application for leave under subsection (2) shall be given to the person against whom it is sought to bring the

Private Healthcare Facilities and Services 57

proceedings concerned; and that person shall be entitled to be heard against the application.

(4)

Leave to bring such proceedings shall not be granted unless application for the leave is made within one year after the act complained of, or, in the case of a continuance of injury or damage, within one year after the cessation of the injury or damage.

(5)

In granting the leave to bring any such proceedings, the Judge may limit the time within which the leave may be exercised.