QLDIn ForceAct
Public Health Act 2005
sec.456Protecting prescribed persons from liability
Start here
Get a plain-English read of sec.456
Turn the raw legal text into a practical explanation grounded in Public Health Act 2005.
### sec.456 Protecting prescribed persons from liability
A prescribed person is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.
If subsection (1) prevents a civil liability attaching to a prescribed person, the liability attaches instead to—
if the prescribed person is a chief executive officer, an authorised person appointed by a chief executive officer or a person acting under the direction of an authorised person appointed by a chief executive officer—the relevant local government; or
if paragraph (a) does not apply—the State.
This section does not apply to a prescribed person—
in relation to a civil liability, if section 454B (1) prevents the liability attaching to the person; or
if the person is also a prescribed person under the Public Sector Act 2022 , section 267 .
For protection from civil liability in relation to the chief executive, chief health officer, a deputy chief health officer or another public service officer or public service employee, see the Public Sector Act 2022 , section 269 .
In this section—
prescribed person means—
the Minister; or
a chief executive officer; or
an authorised person; or
a contact tracing officer; or
an emergency officer; or
a person in charge of a public sector health service; or
a designated medical officer; or
a State analyst; or
a person acting under the direction of a person mentioned in paragraph (a) to (h) .
s 456 amd 2014 No. 65 s 44 ; 2020 No. 23 s 55Z ; 2021 No. 16 s 33A ; 2022 No. 34 s 365 sch 3
(sec.456-ssec.1) A prescribed person is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.
(sec.456-ssec.2) If subsection (1) prevents a civil liability attaching to a prescribed person, the liability attaches instead to— if the prescribed person is a chief executive officer, an authorised person appointed by a chief executive officer or a person acting under the direction of an authorised person appointed by a chief executive officer—the relevant local government; or if paragraph (a) does not apply—the State.
(sec.456-ssec.3) This section does not apply to a prescribed person— in relation to a civil liability, if section 454B (1) prevents the liability attaching to the person; or if the person is also a prescribed person under the Public Sector Act 2022 , section 267 . For protection from civil liability in relation to the chief executive, chief health officer, a deputy chief health officer or another public service officer or public service employee, see the Public Sector Act 2022 , section 269 .
(sec.456-ssec.4) In this section— prescribed person means— the Minister; or a chief executive officer; or an authorised person; or a contact tracing officer; or an emergency officer; or a person in charge of a public sector health service; or a designated medical officer; or a State analyst; or a person acting under the direction of a person mentioned in paragraph (a) to (h) .
- (a) if the prescribed person is a chief executive officer, an authorised person appointed by a chief executive officer or a person acting under the direction of an authorised person appointed by a chief executive officer—the relevant local government; or
- (b) if paragraph (a) does not apply—the State.
- (a) in relation to a civil liability, if section 454B (1) prevents the liability attaching to the person; or
- (b) if the person is also a prescribed person under the Public Sector Act 2022 , section 267 . Note— For protection from civil liability in relation to the chief executive, chief health officer, a deputy chief health officer or another public service officer or public service employee, see the Public Sector Act 2022 , section 269 .
- (a) the Minister; or
- (b) a chief executive officer; or
- (c) an authorised person; or
- (d) a contact tracing officer; or
- (e) an emergency officer; or
- (f) a person in charge of a public sector health service; or
- (g) a designated medical officer; or
- (h) a State analyst; or
- (i) a person acting under the direction of a person mentioned in paragraph (a) to (h) .