QLDIn ForceAct
Transport Operations (Road Use Management) Act 1995
sec.142Health professional’s disclosure not breach of confidence
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### sec.142 Health professional’s disclosure not breach of confidence
A health professional is not liable, civilly or under an administrative process, for giving information in good faith to the chief executive about a person’s medical fitness—
to hold, or to continue to hold, a Queensland driver licence; or
to continue to be authorised to drive on a Queensland road under a non-Queensland driver licence.
Without limiting subsection (1) —
in a civil proceeding for defamation, the health professional has a defence of absolute privilege for publishing the information; and
if the health professional would otherwise be required to maintain confidentiality about the information under an Act, oath, rule of law or practice—
the health professional does not contravene the Act , oath, rule of law or practice by disclosing the information; and
is not liable to disciplinary action for disclosing the information.
In this section—
health professional means—
a doctor; or
a person registered under the Health Practitioner Regulation National Law to practise, other than as a student, in any of the following—
the occupational therapy profession;
the optometry profession;
the physiotherapy profession.
information includes a document.
s 142 (prev 1949 13 Geo 6 No. 26 s 67A) ins 1999 No. 42 s 24
amd 1999 No. 42 s 54 (1) sch amdt 160
reloc 1999 No. 42 s 54 (1) sch amdt 162
amd 2004 No. 53 s 2 sch ; 2005 No. 10 s 50 sch ; 2010 No. 14 s 124 sch ; 2012 No. 10 s 45 ; 2022 No. 19 s 23
(sec.142-ssec.1) A health professional is not liable, civilly or under an administrative process, for giving information in good faith to the chief executive about a person’s medical fitness— to hold, or to continue to hold, a Queensland driver licence; or to continue to be authorised to drive on a Queensland road under a non-Queensland driver licence.
(sec.142-ssec.2) Without limiting subsection (1) — in a civil proceeding for defamation, the health professional has a defence of absolute privilege for publishing the information; and if the health professional would otherwise be required to maintain confidentiality about the information under an Act, oath, rule of law or practice— the health professional does not contravene the Act , oath, rule of law or practice by disclosing the information; and is not liable to disciplinary action for disclosing the information.
(sec.142-ssec.3) In this section— health professional means— a doctor; or a person registered under the Health Practitioner Regulation National Law to practise, other than as a student, in any of the following— the occupational therapy profession; the optometry profession; the physiotherapy profession. information includes a document.
- (a) to hold, or to continue to hold, a Queensland driver licence; or
- (b) to continue to be authorised to drive on a Queensland road under a non-Queensland driver licence.
- (a) in a civil proceeding for defamation, the health professional has a defence of absolute privilege for publishing the information; and
- (b) if the health professional would otherwise be required to maintain confidentiality about the information under an Act, oath, rule of law or practice— (i) the health professional does not contravene the Act , oath, rule of law or practice by disclosing the information; and (ii) is not liable to disciplinary action for disclosing the information.
- (i) the health professional does not contravene the Act , oath, rule of law or practice by disclosing the information; and
- (ii) is not liable to disciplinary action for disclosing the information.
- (i) the health professional does not contravene the Act , oath, rule of law or practice by disclosing the information; and
- (ii) is not liable to disciplinary action for disclosing the information.
- (a) a doctor; or
- (b) a person registered under the Health Practitioner Regulation National Law to practise, other than as a student, in any of the following— (i) the occupational therapy profession; (ii) the optometry profession; (iii) the physiotherapy profession.
- (i) the occupational therapy profession;
- (ii) the optometry profession;
- (iii) the physiotherapy profession.
- (i) the occupational therapy profession;
- (ii) the optometry profession;
- (iii) the physiotherapy profession.