Queensland Consolidated Acts

VICTIMS OF CRIME ASSISTANCE ACT 2009 - SECT 69

69 Obtaining primary victim’s criminal history from police commissioner

(1) If a primary victim of an act of violence is an applicant for victim assistance and the government assessor has the relevant person’s consent for obtaining the victim’s criminal history, the government assessor may ask the police commissioner for a written report about the victim’s criminal history.

Note—

See section 80 for when a primary victim’s criminal history may be relevant.

(2) The government assessor may also ask the police commissioner for a written report about the criminal history of a primary victim of an act of violence who has died as a direct result of the act if it may be relevant for deciding an application for assistance by someone else.

Note—

See section 80 (2) for when a primary victim’s criminal history may be relevant for deciding an application for assistance by someone else.

(3) Also, the government assessor may ask the police commissioner for a brief description of the circumstances of a conviction for an offence mentioned in the primary victim’s criminal history.

(4) A request under this section may include the following—

(a) the name of the person in relation to which the report is sought and any other name the government assessor believes the person may use or may have used;

(b) the date and place of birth, gender and address of the person in relation to which the report is sought.

(5) The police commissioner must comply with a request under this section.

(6) The police commissioner’s obligation to comply with a request under this section applies only to information in the police commissioner’s possession or to which the commissioner has access.

(7) The disclosure of a person’s criminal history under this section is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about particular information included in the criminal history.

Note—

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

(8) The government assessor may stop considering a primary victim’s application for victim assistance if the relevant person does not give the government assessor consent for obtaining the victim’s criminal history under this section.

(9) The government assessor may use the contents of a report obtained under this section only for the following purposes—

(a) deciding whether an application should be refused under section 80 ;

(b) deciding an application for amendment of a grant of assistance under section 103 ;

(c) the State recovering an amount from a person under part 16 .

(10) The government assessor must destroy a report obtained under this section—

(a) if assistance is granted for the act of violence and an offender is convicted of a relevant offence for the act, at the later of the following times—

(i) when the period mentioned in section 110A ends;

(ii) when the scheme manager decides not to recover the assistance from the offender under part 16 ; or

(b) otherwise—when the report is no longer required for deciding the application for which it was sought or a review or appeal, or potential review or appeal, relating to the application.