Queensland Consolidated Acts

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GUARDIANSHIP AND ADMINISTRATION ACT 2000 - SECT 248

248 Protection from liability if honest and not negligent

(1) A person is not civilly liable for an act done, or an omission made, honestly and without negligence under this Act or the Powers of Attorney Act 1998.

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

(3) However, no-one, including the State, is liable for an honest report by a community visitor under section 230.

(4) In this section—

former member, of the former tribunal, means—

(a) a person who was the president, a deputy president or another tribunal member of the former tribunal; or
(b) a person who was the registrar, a member of the staff, or a tribunal expert, of the former tribunal.

former tribunal means the Guardianship and Administration Tribunal established under this Act before its abolition by the QCAT Act.

person means—

(a) the adult guardian or a member of the adult guardian's staff; or
(b) a professional consulted or employed by the adult guardian or an adult guardian's delegate for an investigation; or
(c) the public advocate or a member of the public advocate's staff; or
(d) a community visitor; or
(e) a former member of the former tribunal.


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