Queensland Consolidated Acts

GUARDIANSHIP AND ADMINISTRATION ACT 2000 - SECT 247

247 Whistleblowers’ protection

(1) A person is not liable, civilly, criminally or under an administrative process, for disclosing information to an official if the person honestly believes, on reasonable grounds—

(a) the information tends to show—

(i) another person has contravened this Act, the Powers of Attorney Act 1998 or the Public Guardian Act 2014 ; or

(ii) an adult is, or has been, the subject of neglect (including self-neglect), exploitation or abuse; or

(b) the information would help in the assessment or investigation of a complaint that—

(i) another person has contravened this Act, the Powers of Attorney Act 1998 or the Public Guardian Act 2014 ; or

(ii) an adult is, or has been, the subject of neglect (including self-neglect), exploitation or abuse.

(2) Without limiting subsection (1) —

(a) in a proceeding for defamation the discloser has a defence of absolute privilege for publishing the disclosed information; and

(b) if the discloser would otherwise be required to maintain confidentiality about the disclosed information under an Act, oath, rule of law or practice, the discloser—

(i) does not contravene the Act , oath, rule of law or practice for disclosing the information; and

(ii) is not liable to disciplinary action for disclosing the information.

(3) A person’s liability for the person’s own conduct is not affected only because the person discloses it to an official.

(4) In this section—

"official" means—

(a) the principal registrar or a registrar under the QCAT Act or another member of the administrative staff of the registry under that Act; or

(b) the public guardian, a member of the public guardian’s staff or a public guardian’s delegate for an investigation under the Public Guardian Act 2014 ; or

(c) the public advocate or a member of the public advocate’s staff; or

(d) a person appointed under the Public Guardian Act 2014 , section 109 as—

(i) a community visitor (adult); or

(ii) a community visitor (adult) and a community visitor (child).