QLDIn ForceAct
Integrity Act 2009
sec.40Limited protection for acting on conflict of interest advice
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### sec.40 Limited protection for acting on conflict of interest advice
This section applies if a designated person—
asks under section 15 for the integrity commissioner’s advice on a conflict of interest issue involving the designated person; and
discloses all relevant information in relation to the issue to the integrity commissioner when seeking the advice; and
does an act to resolve the conflict substantially in accordance with the integrity commissioner’s advice on the issue.
The designated person is not liable in a civil proceeding or under an administrative process for the act taken by the person to resolve the conflict.
To remove any doubt, it is declared that subsection (2) does not affect the designated person’s liability for an act or omission done or made in connection with the conflict of interest issue before the person receives the integrity commissioner’s advice.
(sec.40-ssec.1) This section applies if a designated person— asks under section 15 for the integrity commissioner’s advice on a conflict of interest issue involving the designated person; and discloses all relevant information in relation to the issue to the integrity commissioner when seeking the advice; and does an act to resolve the conflict substantially in accordance with the integrity commissioner’s advice on the issue.
(sec.40-ssec.2) The designated person is not liable in a civil proceeding or under an administrative process for the act taken by the person to resolve the conflict.
(sec.40-ssec.3) To remove any doubt, it is declared that subsection (2) does not affect the designated person’s liability for an act or omission done or made in connection with the conflict of interest issue before the person receives the integrity commissioner’s advice.
- (a) asks under section 15 for the integrity commissioner’s advice on a conflict of interest issue involving the designated person; and
- (b) discloses all relevant information in relation to the issue to the integrity commissioner when seeking the advice; and
- (c) does an act to resolve the conflict substantially in accordance with the integrity commissioner’s advice on the issue.