Queensland Consolidated Acts

EXPLOSIVES ACT 1999 - SECT 12I

12I Requests for information about mental health

(1) This section applies in relation to the following persons—

(a) an applicant for a security clearance;

(b) the holder of a security clearance.

(2) The chief inspector may, by written notice given to the person, ask the person to give the chief inspector further information the chief inspector reasonably needs about the person’s mental health to decide whether the person is a suitable person to hold, or to continue to hold, a security clearance.

(3) Without limiting subsection (2) , the chief inspector may ask the person to give the chief inspector a report from a doctor or psychologist about the person’s mental health.

(4) The notice must state that the information must be given within the period, of at least 28 days after the notice is given, stated in the notice.

(5) If the chief inspector is given a report mentioned in subsection (3) , the chief inspector may—

(a) make information about the person having access to explosives available to the doctor or psychologist who prepared the report; and

(b) ask the doctor or psychologist to give the chief inspector a further report about the person’s mental health.

(6) The chief inspector may make the information available to the doctor or psychologist only if the chief inspector reasonably considers—

(a) the doctor or psychologist was not aware of the information; and

(b) the information may influence the doctor’s or psychologist’s opinion about the person’s mental health.

(7) If the chief inspector makes the information available to the doctor or psychologist, the chief inspector must advise the person of that fact.

(8) The chief inspector may make the information available to the doctor or psychologist despite any other Act.