Queensland Numbered Acts

GUARDIANSHIP AND ADMINISTRATION AND OTHER LEGISLATION AMENDMENT ACT 2012 No. 37 - SECT 8

After section 248A—

insert—

'(1) This section applies to the giving of information—

(a) to the adult guardian under section 183 or 184; or

(b) to the public advocate under section 210A.

'(2) A person may give the information despite any other law that would otherwise prohibit or restrict the giving of the information.

'(3) If a person, acting honestly, gives the information to the adult guardian or the public advocate, the person is not liable, civilly, criminally or under an administrative process, 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) Without limiting subsections (3) and (4)—

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

(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 the information.

'(6) In this section—

giving, of information contained in a document, includes allowing the document to be inspected and a copy to be taken of it.'.