Queensland Numbered Acts

TRANSPORT AND OTHER LEGISLATION AMENDMENT ACT 2011 No. 12 - SECT 124

After section 267—

insert—

'This part applies to a person other than a person who makes a disclosure as a public officer under the Public Interest Disclosure Act 2010.

'(1) A person (the disclosing person) is not civilly or criminally liable for disclosing information to an official about a person's conduct, whether committed before or after the commencement of this section, that the disclosing person honestly believes, on reasonable grounds, contravenes this Act.

'(2) Without limiting subsection (1)—

(a) in a proceeding for defamation, the disclosing person has a defence of absolute privilege for publishing the disclosed information; and

(b) if the disclosing person would otherwise be required to maintain confidentiality about the disclosed information under an Act, agreement, oath, rule of law or practice, the disclosing person does not—

(i) contravene the Act, oath, rule of law or practice by making the disclosure; or

(ii) breach the agreement by making the disclosure.

'(3) In this section—

agreement includes a contract or deed.

'(1) The liability of the disclosing person for his or her own conduct is not affected only because the disclosing person discloses the conduct to an official.

'(2) However, a court may have regard to the disclosure if—

(a) the disclosing person is prosecuted for an offence involving the conduct; and

(b) the disclosing person's conduct was in compliance with an express instruction of a rail transport operator or someone authorised by a rail transport operator to give the instruction.

'(3) Subsection (2) does not limit the Penalties and Sentences Act 1992.'.