QLDIn ForceAct
Public Safety Preservation Act 1986
sec.8AQProtection from liability for giving information
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### sec.8AQ Protection from liability for giving information
This section applies to a person who, acting honestly and without negligence, gives information under an information requirement that is made of the person.
This section also applies to a person if—
the person, acting honestly and without negligence, gives information to—
a person of whom an information requirement is made to help the person comply with the requirement; or
a disclosure recipient to help the disclosure recipient help a person of whom an information requirement is made comply with the requirement; and
when the information is given—
the person is an authorised person for an information matter relating to the person of whom the information requirement is made; or
the person to whom the information is given has been given a notice under section 8AK .
The person is not liable, civilly, criminally or under an administrative process, for giving the information.
Also, merely because the person gives the information, 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 (3) and (4) —
in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and
if the person would otherwise be required to maintain confidentiality about the information 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 giving the information; and
is not liable to disciplinary action for giving the information.
s 8AQ ins 2016 No. 42 s 28
(sec.8AQ-ssec.1) This section applies to a person who, acting honestly and without negligence, gives information under an information requirement that is made of the person.
(sec.8AQ-ssec.2) This section also applies to a person if— the person, acting honestly and without negligence, gives information to— a person of whom an information requirement is made to help the person comply with the requirement; or a disclosure recipient to help the disclosure recipient help a person of whom an information requirement is made comply with the requirement; and when the information is given— the person is an authorised person for an information matter relating to the person of whom the information requirement is made; or the person to whom the information is given has been given a notice under section 8AK .
(sec.8AQ-ssec.3) The person is not liable, civilly, criminally or under an administrative process, for giving the information.
(sec.8AQ-ssec.4) Also, merely because the person gives the information, 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.8AQ-ssec.5) Without limiting subsections (3) and (4) — in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and if the person would otherwise be required to maintain confidentiality about the information 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 giving the information; and is not liable to disciplinary action for giving the information.
- (a) the person, acting honestly and without negligence, gives information to— (i) a person of whom an information requirement is made to help the person comply with the requirement; or (ii) a disclosure recipient to help the disclosure recipient help a person of whom an information requirement is made comply with the requirement; and
- (i) a person of whom an information requirement is made to help the person comply with the requirement; or
- (ii) a disclosure recipient to help the disclosure recipient help a person of whom an information requirement is made comply with the requirement; and
- (b) when the information is given— (i) the person is an authorised person for an information matter relating to the person of whom the information requirement is made; or (ii) the person to whom the information is given has been given a notice under section 8AK .
- (i) the person is an authorised person for an information matter relating to the person of whom the information requirement is made; or
- (ii) the person to whom the information is given has been given a notice under section 8AK .
- (i) a person of whom an information requirement is made to help the person comply with the requirement; or
- (ii) a disclosure recipient to help the disclosure recipient help a person of whom an information requirement is made comply with the requirement; and
- (i) the person is an authorised person for an information matter relating to the person of whom the information requirement is made; or
- (ii) the person to whom the information is given has been given a notice under section 8AK .
- (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 information; and
- (b) if the person would otherwise be required to maintain confidentiality about the information 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 giving the information; and (ii) is not liable to disciplinary action for giving the information.
- (i) does not contravene the Act , oath or rule of law or practice by giving the information; and
- (ii) is not liable to disciplinary action for giving the information.
- (i) does not contravene the Act , oath or rule of law or practice by giving the information; and
- (ii) is not liable to disciplinary action for giving the information.