Queensland Consolidated Acts

POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 803

803 Protection of methodologies

(1) In a proceeding, a police officer or staff member can not be required to disclose information mentioned in subsection (2) , unless the court is satisfied disclosure of the information is necessary—

(a) for the fair trial of the defendant; or

(b) to find out whether the scope of a law enforcement investigation has exceeded the limits imposed by law; or

(c) in the public interest.

(2) The information is information that could, if disclosed, reasonably be expected—

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

(b) to enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; or

(c) to endanger a person’s life or physical safety; or

(d) to 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

(e) to prejudice the maintenance or enforcement of a lawful method or procedure for protecting public safety; or

(f) to facilitate a person’s escape from lawful custody.

(3) Subsection (1) does not affect a provision of another Act under which a police officer can not be compelled to disclose information or make statements in relation to the information.

Example for subsection (3)—

Drugs Misuse Act 1986 , section 120

(4) In this section—

"police officer" includes a police officer of another State or the Australian Federal Police.

"proceeding" does not include—

(a) a hearing under the Crime and Corruption Act 2001 ; or

(b) another proceeding of the CCC in which a police officer is being examined; or

(c) a commission of inquiry under the Commissions of Inquiry Act 1950 ; or

(d) an examination under the Australian Crime Commission (Queensland) Act 2003 , part 3 .

Note—

For provisions about the protection of surveillance device technologies and methods under chapter 13 , see section 355 .