Queensland Consolidated Acts

PUBLIC SERVICE ACT 2008 - SECT 172

172 Confidentiality

(1) This section applies to a person who—

(a) is, or has been, a public service employee in a department or a selection panel member; and

(b) in that capacity acquired information, or gained access to a document, under this part about someone else’s criminal history or police information, including, for example, a criminal history report or police information report.

(2) The person must not disclose the acquired information, or give access to the document, to anyone else.

Penalty—

Maximum penalty—100 penalty units.

(3) Subsection (2) does not apply to the disclosure of acquired information, or giving of access to a document, about a person—

(a) to a public service employee in the department or a selection panel member, for the purpose of assessing the person’s suitability to be engaged to perform relevant duties or child-related duties in relation to which the information or document were acquired; or

(b) with the person’s consent; or

(c) if the disclosure or giving of access is otherwise required under an Act.

(4) In this section—

"child-related duties" includes duties that are regulated employment.

"police information" means police information as defined under section 150 of this Act as in force from time to time before the commencement of this definition.

"police information report" means a report and other information given under previous section 160 .

"previous section 160" means section 160 of this Act as in force from time to time before the commencement of this definition.

"selection panel member" means a member of a panel formed to make a recommendation to the chief executive of a department about engaging a person in the department.