Queensland Consolidated Acts

DISABILITY SERVICES ACT 2006 - SECT 109

(1) The police commissioner may decide under this section that information about a person (the investigated person) is investigative information if—

(a) there is or was evidence of acts or omissions that, at the time of the acts or omissions, constituted a schedule 6A offence (the alleged offence) by the investigated person against a person (the complainant); and

(b) the police investigated the alleged offence and the investigated person was formally notified about the investigation, including—

(i) by participating in an interview, or by being asked to participate in an interview, about the alleged offence; or

(ii) by otherwise being given an opportunity to answer allegations about the alleged offence; and

(c) there was sufficient evidence available that was capable of establishing each element of the alleged offence but a decision was made not to charge the investigated person because—

(i) the complainant died before the charge was brought; or

(ii) either or both of the following applied—

(A) the complainant was unwilling to proceed;

(B) an adult who, at the relevant time, was the complainant's parent or guardian decided that, in the interests of the complainant, the matter should not proceed.

(2) Evidence of acts or omissions includes information from a third party if the complainant did not make a formal complaint at or about the time of the investigation.

(3) For this section, a schedule 6A offence is—

(a) an offence against a provision of an Act mentioned in schedule 6A, column 1, subject to any qualification relating to the provision mentioned opposite in column 3; or

(b) an offence of counselling or procuring the commission of an offence of a kind mentioned in paragraph (a); or

(c) an offence of attempting, or of conspiring, to commit an offence of a kind mentioned in paragraph (a); or

(d) an offence that has, as an element, intention to commit an offence of a kind mentioned in paragraph (a); or

(e) an offence that, at the time it was committed, was an offence of a kind mentioned in paragraph (a); or

(f) an offence under a law of another jurisdiction that, if it had been committed in Queensland, would have constituted an offence mentioned in paragraphs (a) to (e).

Note—

Column 2 in schedule 6A is included for information purposes only and states a section heading for the provision mentioned opposite in column 1.

(4) For subsection (3), it is immaterial if a provision mentioned in schedule 6A, column 1, for an Act has been amended from time to time or that the provision was previously numbered with a different number.