Queensland Consolidated Acts

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DRUG REHABILITATION (COURT DIVERSION) ACT 2000 - SECT 39

39 Disclosure of compliance and related information

(1) A prescribed person--

(a) must promptly give the corrective services' chief executive, or a pilot program magistrate, any compliance information the prescribed person has about the offender; and
(b) may enter in the pilot program database any compliance information or related information the prescribed person has about the offender.

(2) The prescribed person is not liable, civilly or under an administrative process, if the information is given or entered in good faith.

(3) Without limiting subsection (2)--

(a) in a civil proceeding for defamation, the prescribed person has a defence of absolute privilege for publishing the information; and
(b) if the prescribed person would otherwise be required to maintain confidentiality about the information under an Act, oath, rule of law or practice--
(i) the prescribed person does not contravene the Act, oath, rule of law or practice by disclosing the information; and
(ii) is not liable to disciplinary action for disclosing the information.

(4) Subsection (1) applies despite any Act, oath, rule of law or practice that prohibits or restricts the disclosure of information.

(5) In this section--

"compliance information" means any information about the offender's compliance with, or failure to comply with--

(a) the requirements of the offender's intensive drug rehabilitation order; or
(b) the offender's rehabilitation program.

"information" includes a document.

"pilot program database" means a database for the pilot court diversion program to which only a prescribed person has access.

"prescribed person" means a person involved in the administration of, or who provides services in connection with, an offender's rehabilitation program who is prescribed under a regulation.

"related information" means any information, other than compliance information, about the offender obtained in the administration of, or in the provision of services in connection with, the offender's rehabilitation program.



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