Queensland Consolidated Acts

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CHILD PROTECTION ACT 1999 - SECT 22

22 Protection from liability for notification of, or information given about, alleged harm or risk of harm

(1) This section applies if a person, acting honestly—

(a) notifies the chief executive or another officer of the department that the person suspects—
(i) a child has been, is being or is likely to be, harmed; or
(ii) an unborn child may be at risk of harm after he or she is born; or
(b) gives the chief executive, an authorised officer or a police officer—
(i) information about alleged harm or alleged risk of harm to a child; or
(ii) information, relating to an unborn child, about a suspected risk of harm to the child after he or she is born.

(2) The person is not liable, civilly, criminally or under an administrative process, for giving the notification or information.

(3) Also, merely because the person gives the notification or 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.

(4) Without limiting subsections (2) and (3)—

(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.


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