Protection for exercise of disciplinary powers

1   If,

(a) by an Act a corporation is established having as one of its purposes the regulation of the profession or occupation practised or carried on by the members of the corporation, and

(b) disciplinary powers over the members of the corporation in respect of their conduct in the profession or occupation regulated are conferred by the Act on the corporation, or on any body of its members, or on any official or member of the corporation,

no liability is incurred by the corporation, or by any body of the members, or by any official or member of the corporation, or by any person retained as counsel, solicitor or agent by the corporation for any act or thing done in the exercise of the disciplinary powers conferred or in doing any act or thing in preparation for the exercise of those powers, unless the act or thing is done maliciously and without reasonable and probable cause.

Allegation required in pleadings

2   If any action is brought in respect of any act or thing referred to in section 1, the plaintiff expressly alleges in the pleadings that the act or thing was done maliciously and without reasonable and probable cause, and if at the trial of the action, on the general issue being pleaded, the plaintiff fails to prove the allegation, the action must be dismissed.