QLDIn ForceAct
Police Service Administration Act 1990
sec.10.2VProtection from liability
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### sec.10.2V Protection from liability
This section applies if a person, acting honestly and without negligence, uses a person’s criminal history under this division.
The person is not liable, civilly, criminally or under an administrative process, for using the history.
Also, merely because the person uses the history, the person can not be held to have—
breached any code of professional etiquette or ethics; or
departed from accepted standards of professional conduct.
Without limiting subsections (2) and (3) —
in a proceeding for defamation, the person has a defence of absolute privilege for publishing the history; and
if the person would otherwise be required to maintain confidentiality about the history under an Act, oath or rule of law or practice, the person—
does not contravene the Act , oath or rule of law or practice by using the history; and
is not liable to disciplinary action for using the history.
s 10.2V ins 2009 No. 48 s 66
(sec.10.2V-ssec.1) This section applies if a person, acting honestly and without negligence, uses a person’s criminal history under this division.
(sec.10.2V-ssec.2) The person is not liable, civilly, criminally or under an administrative process, for using the history.
(sec.10.2V-ssec.3) Also, merely because the person uses the history, the person can not be held to have— breached any code of professional etiquette or ethics; or departed from accepted standards of professional conduct.
(sec.10.2V-ssec.4) Without limiting subsections (2) and (3) — in a proceeding for defamation, the person has a defence of absolute privilege for publishing the history; and if the person would otherwise be required to maintain confidentiality about the history under an Act, oath or rule of law or practice, the person— does not contravene the Act , oath or rule of law or practice by using the history; and is not liable to disciplinary action for using the history. s 10.2V ins 2009 No. 48 s 66
- (a) breached any code of professional etiquette or ethics; or
- (b) departed from accepted standards of professional conduct.
- (a) in a proceeding for defamation, the person has a defence of absolute privilege for publishing the history; and
- (b) if the person would otherwise be required to maintain confidentiality about the history under an Act, oath or rule of law or practice, the person— (i) does not contravene the Act , oath or rule of law or practice by using the history; and (ii) is not liable to disciplinary action for using the history.
- (i) does not contravene the Act , oath or rule of law or practice by using the history; and
- (ii) is not liable to disciplinary action for using the history.
- (i) does not contravene the Act , oath or rule of law or practice by using the history; and
- (ii) is not liable to disciplinary action for using the history.