Queensland Consolidated Acts

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POLICE SERVICE ADMINISTRATION ACT 1990 - SECT 10.2V

10.2V Protection from liability

(1) This section applies if a person, acting honestly and without negligence, uses a person's criminal history under this division.

(2) The person is not liable, civilly, criminally or under an administrative process, for using the history.

(3) Also, merely because the person uses the history, 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 history; and
(b) if the person would otherwise be required to maintain confidentiality about the history 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 using the history; and
(ii) is not liable to disciplinary action for using the history.


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