Queensland Consolidated Acts Queensland Consolidated Acts(1) At any time after receiving a notice under section 237(2), the administrator may ask the prosecuting authority to give the administrator copies of the documents relating to the offence mentioned in the schedule, definition brief of evidence, paragraph (a)(i), (ii), (iii), (v), (vi) and (vii).
(2) The prosecuting authority must as soon as practicable comply with the request.
(3) Subsection (2) does not apply to information contained in a document if the prosecuting authority reasonably considers that—
(a) giving the information could reasonably be expected to—
(i) prejudice the investigation of a contravention or possible contravention of a law in a particular case; or
(ii) prejudice an investigation under the Coroners Act 2003; or
(iii) enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of a law, to be ascertained; or
(iv) endanger a person's life or physical safety; or
(v) prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of a law; and
(b) it would not be in the public interest to give the information.
(4) Also, subsection (2) does not apply to—
(a) information, contained in a document, that is sensitive evidence; or
(b) information, contained in a document, that another Act or law would prevent the prosecution from giving to an accused person, or a lawyer acting for an accused person, during a proceeding for an offence;
(c) information, contained in a document, that—
(i) identifies witnesses to the alleged commission of the offence; or
(ii) consists of contact details for the witnesses.
(5) The duty imposed on the prosecuting authority to comply with the request applies only to documents in the possession of the prosecuting authority or to which the prosecuting authority has access.
(6) In complying with the request, the prosecuting authority may obliterate from a copy of a document given to the administrator any information mentioned in subsection (3) or (4).
Example—
If a document includes the name of a witness to the alleged commission of the offence, or information from which the witness could be identified, the prosecuting authority may obliterate the name or information from a copy of the document given to the administrator.
(7) In this section—
sensitive evidence see the Criminal Code, section 590AF.