Queensland Consolidated Acts

PROSTITUTION ACT 1999 - SECT 110KA

110KA Extended criminal history checks

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

(a) the executive director;

(b) a person who is being considered for appointment as the executive director (a
"prospective executive director" ).

(2) The Minister may ask the commissioner for a written report about the person’s extended criminal history.

(3) However, if the request relates to a prospective executive director, the Minister may make the request only if the prospective executive director has given the Minister written consent for the request.

(4) The commissioner must comply with the request.

(5) However, subsection (4) applies only to information in the commissioner’s possession or to which the commissioner has access.

(6) Before using information obtained under subsection (2) to decide whether a person should continue or be recommended for appointment as the executive director, the Minister must—

(a) disclose the information to the person; and

(b) allow the person a reasonable opportunity to make representations to the Minister about the information.

(7) The Minister must ensure a report given under this section is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.

(8) The Criminal Law (Rehabilitation of Offenders) Act 1986 does not apply to the asking for, or giving of, the information mentioned in subsection (2) .

(9) To remove any doubt, it is declared that, despite the Youth Justice Act 1992 , part 9 , the commissioner may disclose information to which that part applies to the Minister for complying with a request under subsection (2) .