Queensland Consolidated Acts

PUBLIC HEALTH ACT 2005 - SECT 179

179 Protection for persons acting under pt 2

(1) This section applies if a person, acting honestly, gives information or does something else under this part including, for example, directing a parent to remove a child from a school, education and care service or QEC approved service.

(1A) This section also applies if a person in charge of an education and care service or QEC approved service, acting honestly, does either of the following things—

(a) exercises a power under section 160B or 160C ;

(b) decides to enrol a child at, or allow a child to attend, the service in the circumstances mentioned in section 160D (1) .

(2) The person is not liable, civilly, criminally or under an administrative process, for doing the thing.

(3) Without limiting subsection (2) , if the thing involves giving information—

(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 given under an Act, oath, rule of law or practice, the person—

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

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

(4) Also, merely because the person gives the information, the person 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) This section does not limit sections 175 to 178 .