Queensland Consolidated Acts

LOCAL GOVERNMENT ACT 2009 - SECT 175Q

175Q Confidentiality of criminal history information

(1) This section applies to a person who possesses criminal history information because the person—

(a) is or was an officer, employee or agent of the department; or

(b) is or was a councillor, officer, employee or agent of a local government.

(2) The person must not, directly or indirectly, disclose criminal history information to any other person unless the disclosure is permitted under subsection (3) .

Penalty—

Maximum penalty—100 penalty units.

(3) The person is permitted to disclose the criminal history information to another person—

(a) to the extent necessary to perform the person’s functions under this Act; or

(b) if the disclosure is authorised under an Act; or

(c) if the disclosure is otherwise required or permitted by law; or

(d) if the person to whom the information relates consents to the disclosure; or

(e) if the disclosure is in a form that does not identify the person to whom the information relates; or

(f) if the information is, or has been, lawfully accessible to the public.

(4) The person must ensure a document containing criminal history information is destroyed as soon as practicable after it is no longer needed for the purpose for which it is given.

(5) In this section—

"criminal history information" means the information contained in—

(a) a report given to the Minister under section 175P ; or

(b) a notice given to the Minister, a councillor or the chief executive officer of a local government—

(i) under section 158A in relation to the conviction of a councillor for a disqualifying offence; or

(ii) under section 175M .