Queensland Consolidated Acts

PUBLIC HEALTH ACT 2005 - SECT 456

456 Protecting prescribed persons from liability

(1) A prescribed person is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.

(2) If subsection (1) prevents a civil liability attaching to a prescribed person, the liability attaches instead to—

(a) if the prescribed person is a chief executive officer, an authorised person appointed by a chief executive officer or a person acting under the direction of an authorised person appointed by a chief executive officer—the relevant local government; or

(b) if paragraph (a) does not apply—the State.

(3) This section does not apply to a prescribed person—

(a) in relation to a civil liability, if section 454B (1) prevents the liability attaching to the person; or

(b) if the person is also a prescribed person under the Public Sector Act 2022 , section 267 .

Note—

For protection from civil liability in relation to the chief executive, chief health officer, a deputy chief health officer or another public service officer or public service employee, see the Public Sector Act 2022 , section 269 .

(4) In this section—

"prescribed person" means—

(a) the Minister; or

(b) a chief executive officer; or

(c) an authorised person; or

(d) a contact tracing officer; or

(e) an emergency officer; or

(f) a person in charge of a public sector health service; or

(g) a designated medical officer; or

(h) a State analyst; or

(i) a person acting under the direction of a person mentioned in paragraph (a) to (h) .