Queensland Consolidated Acts

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DISABILITY SERVICES ACT 2006 - SECT 114

114 Chief executive may obtain information from police commissioner

(1) This section applies to a person mentioned in section 113A.

(2) The chief executive may ask the police commissioner for information, or for access to the police commissioner's records, to enable the chief executive to learn what police information exists, if any, in relation to the person.

(3) For subsection (2), the chief executive's request may include the following information—

(a) the person's name and any other name that the chief executive believes the person may use or may have used;
(b) the person's gender and date and place of birth;
(c) the person's address;
(d) if the person is currently the holder of a prescribed notice—any number or date relevant to the prescribed notice or a positive notice card;
(e) if the person is currently the holder of an exemption notice—any number or date relevant to the exemption notice;
(f) whether or not the person is engaged, or to be engaged, as a volunteer;
(g) the basis on which the chief executive may request information about the person, including, for example, by referencing the relevant provision of subsection (1).

(4) If there is police information about the person, the chief executive may ask the police commissioner for a brief description of the circumstances of a conviction, charge or investigative information mentioned in the police information.

(5) The police commissioner must comply with a request under this section unless the police commissioner is, under subsection (9), told not to provide the information.

(6) However, the duty imposed on the police commissioner to comply with a request applies only to information in the police commissioner's possession or to which the police commissioner has access.

(6A) If the police commissioner gives the chief executive information under this section about a person who is or has been a relevant disqualified person, the information must include the following information about the person—

(a) that the person is or has been a relevant disqualified person;
(b) if the person is or has been subject to a disqualification order—the duration and details of the disqualification order;
(c) if the person is or has been subject to an offender prohibition order—
(i) a brief description of the conduct that gave rise to the order; and
(ii) the duration and details of the order, including whether it is or was a temporary offender prohibition order or a final offender prohibition order.

(6B) If the police commissioner gives the chief executive information under this section about a person who is or has been the subject of an application for a disqualification order or named as the respondent for an application for an offender prohibition order, and the order was not made, the information must include the following information about the person—

(a) that the person is or has been the subject of an application for a disqualification order or named as the respondent for an application for an offender prohibition order and the order was not made;
(b) the reasons why the application was made;
(c) the reasons why the order was not made;
(d) if the application was for an offender prohibition order and the magistrate or court hearing the application decided not to make a CPOPOA disqualification order for the person—the reasons why the CPOPOA disqualification order was not made.

(7) The police commissioner need not disclose investigative information about the person to the chief executive under this section if the police commissioner is reasonably satisfied that giving the information may do any of the following—

(a) prejudice the investigation of a contravention or possible contravention of the law in a particular case;
(b) enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained;
(c) endanger a person's life or physical safety;
(d) prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law.

(8) If the police commissioner gives investigative information about the person to the chief executive under this section, the police commissioner must give notice, in the approved form, to the person that—

(a) the police commissioner has decided that information about the person is investigative information; and
(b) investigative information has been given to the chief executive.

(9) If the chief executive decides that information requested under subsection (2) about the person is no longer required, the chief executive must tell the police commissioner not to provide the information.

(10) Information given to the police commissioner under this section must not be accessed or disclosed for any purpose except for a purpose under this part or any other purpose relevant to law enforcement.

(11) Information given to the police commissioner under this section must not be used for any purpose except for a purpose under this part.

(12) However, subsections (10) and (11) do not apply to information the police commissioner obtained before the chief executive gave the information to the police commissioner under this section.

(13) To remove any doubt, it is declared that, despite the Youth Justice Act 1992, part 9, the police commissioner may disclose information to which that part applies to the chief executive for complying with a request under subsection (2) or (4).



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