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PROSTITUTION ACT 1999 - SECT 134A
Protection of health professionals from liability
(1) This section applies if a health professional reasonably believes that a
prostitute at a licensed brothel is a person with an impairment of the mind.
(2) The health professional may give a police officer information about the
prostitute and the prostitute’s disability.
(3) The health professional is
not liable, civilly, criminally or under an administrative process, for giving
the information to the police officer honestly and on reasonable grounds.
(4)
Also, merely because the health professional gives the information, the
health professional can not be held to have— (a) breached any code of
professional etiquette or ethics; or
(b) departed from accepted standards of
professional conduct.
(5) Without limiting subsections (3) and (4) — (a) in
a 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 or rule of law or practice, the health professional— (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
information.
(6) In this section—
"health professional" means— (a) a doctor; or
(b) a person registered under
the Health Practitioner Regulation National Law — (i) to practise in the
nursing profession, other than as a student; and
(ii) in the registered
nurses division of that profession; or
(c) a person registered under the
Health Practitioner Regulation National Law to practise in the psychology
profession, other than as a student; or
(d) another person prescribed under a
regulation for this section.
"person with an impairment of the mind" see the Criminal Code , section 1 .
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