Queensland Consolidated Acts

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PROSTITUTION ACT 1999 - SECT 134A

Protection of health professionals from liability

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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