Queensland Consolidated Acts Queensland Consolidated Acts(1) A person commits an offence who, without authority—
(a) has a section 93A criminal statement in the person's possession; or
(b) supplies, or offers to supply, a section 93A criminal statement to any person; or
(c) copies, or permits a person to copy, a section 93A criminal statement.
Maximum penalty—
(a) for an individual—100 penalty units or 2 years imprisonment; or
(b) for a corporation—1000 penalty units.
(2) A person has authority for subsection (1) if the person has the possession or does the thing mentioned in subsection (1) for a legitimate purpose connected with the proceeding for which the section 93A statement was made or another proceeding.
(2A) Also, the commissioner of the police service or the director of public prosecutions has authority for subsection (1) if the commissioner or director has the possession or does the thing mentioned in the subsection for the purpose of—
(a) preparing a transcript of a section 93A criminal statement so that it can be given to the CCYPCG commissioner as mentioned in paragraph (b); or
(b) giving, under the CCYPCG Act, a section 93A transcript, or a summary of a section 93A transcript, to the CCYPCG commissioner.
(2B) A person does not commit an offence against subsection (1)(a) by possessing a section 93A transcript, or a summary of a section 93A transcript, if the transcript or summary—
(a) was, under the CCYPCG Act, given to the CCYPCG commissioner by the commissioner of the police service or the director of public prosecutions; and
(b) is in the person's possession, at the relevant time, for the purpose of making a CCYPCG employment-screening decision.
(2C) A person does not commit an offence against subsection (1)(b) if the person supplies, or offers to supply, a written summary of a section 93A transcript that is in the person's possession under subsection (2B)—
(a) to a relevant CCYPCG applicant; and
(b) for a legitimate purpose directly related to the making of a CCYPCG employment-screening decision.
(2D) A person does not commit an offence against subsection (1)(c) if—
(a) the person copies, or permits a person to copy, a section 93A transcript, or a summary of a section 93A transcript, that is in the person's possession under subsection (2B); and
(b) the copying is done for the purpose of making a CCYPCG employment-screening decision.
(2E) A relevant CCYPCG applicant—
(a) does not commit an offence against subsection (1)(a) by possessing a written summary of a section 93A transcript, if the summary—
(i) was given to the applicant under subsection (2C); and
(ii) is in the applicant's possession, at the relevant time, for a legitimate purpose directly related to the making of a CCYPCG employment-screening decision; and
(b) does not commit an offence against subsection (1)(b) if the applicant supplies, or offers to supply, a written summary of a section 93A transcript that is in the applicant's possession under paragraph (a), or a copy of the summary—
(i) to an Australian lawyer; and
(ii) for the purpose of obtaining legal advice directly related to the making of a CCYPCG employment-screening decision; and
(c) does not commit an offence against subsection (1)(c) if—
(i) the applicant copies, or permits a person to copy, a written summary of a section 93A transcript that is in the applicant's possession under paragraph (a); and
(ii) the copying is done so that a copy of the summary can be given to an Australian lawyer for the purpose of obtaining legal advice directly related to the making of a CCYPCG employment-screening decision.
(2F) An Australian lawyer does not commit an offence against subsection (1)(a) by possessing a written summary of a section 93A transcript, or a copy of a written summary of a section 93A transcript, if the summary or copy—
(a) was given to the lawyer under subsection (2E) by a relevant CCYPCG applicant; and
(b) is in the lawyer's possession, at the relevant time, for the purpose of providing legal advice directly related to the making of a CCYPCG employment-screening decision about the applicant.
(3) In this section—
Australian lawyer has the meaning given by the Legal Profession Act 2007.
CCYPCG Act means the Commission for Children and Young People and Child Guardian Act 2000.
CCYPCG commissioner means the Commissioner for Children and Young People and Child Guardian.
CCYPCG employment-screening decision means an employment-screening decision under the CCYPCG Act.
relevant CCYPCG applicant, for a section 93A transcript, means a person—
(a) who allegedly committed the alleged offence to which the transcript relates; and
(b) about whom the CCYPCG commissioner has made or is about to make a CCYPCG employment-screening decision.
section 93A criminal statement means a statement—
(a) made to a person investigating an alleged offence; and
(b) given in, or in anticipation of, a criminal proceeding about the alleged offence; and
(c) that is potentially admissible under section 93A.
section 93A transcript means a transcript of a section 93A criminal statement.