Queensland Consolidated Acts

VICTIMS OF CRIME ASSISTANCE ACT 2009 - SECT 66

66 Obtaining copies of witness statements, or information about particular conduct, in relation to act of violence

(1) The government assessor may ask the following (each the
"relevant police official" ) for the information mentioned in subsection (2) for a stated act of violence in relation to which assistance is sought—

(a) the police officer investigating the act of violence;

(b) if the government assessor does not know the name of the police officer investigating the act of violence, or the police officer is not available—the police commissioner.

(2) For subsection (1) , the information is the information the relevant police official considers may be relevant to deciding the application for the assistance, including—

(a) copies of statements made by any person about the act of violence, including statements made by witnesses to the act of violence; and

(b) information the relevant police official considers may be relevant to deciding—

(i) whether the applicant for the assistance committed the act of violence, or conspired with the person who allegedly committed the act of violence; or

(ii) whether the only or main reason the act of violence was committed against the primary victim of the act was the primary victim’s involvement in a criminal activity; or

(iii) if the applicant for assistance is not the primary victim of the act of violence—whether the applicant was aware of the primary victim’s involvement in a criminal activity mentioned in subparagraph (ii) ; or

(iv) whether the applicant has not given reasonable assistance in the police investigation of the act of violence, or in the arrest or prosecution of the person who allegedly committed the act of violence, and whether the failure has prevented the arrest or prosecution of the person who allegedly committed the act of violence.

(3) The relevant police official must comply with a request under subsection (1) if, and to the extent, the relevant police official is reasonably satisfied the government assessor reasonably requires the information to decide the application.

(4) A copy of a statement mentioned in subsection (2) (a) may include particulars identifying the witness only if the relevant police official reasonably believes the identity of the witness is relevant to deciding the application.

(5) The relevant police official’s obligation to comply with a request under subsection (1) applies only to information in the relevant police official’s possession or to which the relevant police official has access.

(6) The relevant police official must not give information about an investigation relating to the act of violence if the relevant police official is reasonably satisfied giving the information—

(a) may prejudice or otherwise hinder an investigation or prosecution to which the information may be relevant; or

(b) may lead to the identification of an informant or a person who is a notifier under the Child Protection Act 1999 , section 186 ; or

(c) may affect the safety of a police officer, complainant or other person; or

(d) may lead to the disclosure of methods, practices or systems used generally by police in investigating alleged offences.

(7) The giving of information under subsection (3) is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information.

Note—

See section 140 for restrictions on disclosing or giving access to information or documents obtained under this Act.

(8) In this section—

"information" includes a document.

Example of a document—

a recording from a body-worn camera under the Police Powers and Responsibilities Act 2000 , section 609A .