Queensland Consolidated Acts

FAMILY AND CHILD COMMISSION ACT 2014 - SECT 27

27 Requests by principal commissioner for information relevant to child death register

(1) Subsection (2) applies if the principal commissioner considers a public entity has information necessary for the performance of the commissioner’s functions under this part.

(2) The principal commissioner may, by written notice, ask the public entity to give the information to the commissioner within a stated reasonable time.

(3) The public entity must comply with the request unless the entity reasonably considers the disclosure of the information—

(a) would prejudice the investigation of a contravention, or possible contravention, of the law; or

(b) would prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; or

(c) would endanger a person’s life or physical safety.

(4) However, in complying with the request, the public entity and the principal commissioner must ensure—

(a) the information given to the commissioner relates to the commissioner’s functions under this part; and

(b) to the extent possible, the privacy of any person to whom the information relates is protected from unjustified intrusion.

(5) If the public entity refuses to comply with the request, the entity must give written notice to the principal commissioner of its reasons for the refusal.

(6) The principal commissioner and a public entity may enter into an arrangement to facilitate the provision of information under this section.

Example for subsection (6)—

The principal commissioner and a public entity may enter into a memorandum of understanding under which the entity gives the principal commissioner access to a database periodically to extract information.

(7) A public entity may charge a fee for a service under an arrangement under subsection (6) that is not more than the actual cost of the service.

(8) In this section—

"information" includes confidential information.