Queensland Numbered Acts

COURT AND CIVIL LEGISLATION AMENDMENT ACT 2017 - SECT 182

182 Insertion of new ss 78A–78C

Part 8, division 2—
insert—

78A Restriction on employment or secondment of person A person may not be employed under section 76 or 78, or seconded under section 77, unless the person has given the ombudsman written consent to obtain the information mentioned in section 78B(1)(a) and (b) in relation to the person’s criminal history.

78B Criminal history report

(1) To decide if a person is suitable to be employed under section 76 or 78, or seconded under section 77, the ombudsman may ask the commissioner of the police service for—

(a) a written report about the criminal history of the person; and

(b) a brief description of the circumstances of a conviction mentioned in the criminal history.

(2) However, the ombudsman may make the request only if the person has given the ombudsman written consent for the request.

(3) The commissioner of the police service must comply with the request.

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

(5) Before using information obtained under subsection (1) to decide if the person should be employed or seconded, the ombudsman must—

(a) disclose the information to the person; and

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

78C Confidentiality of criminal history information

(1) This section applies to a person who possesses criminal history information because the person is or was the ombudsman or an officer of the ombudsman.

(2) The person must not, directly or indirectly, disclose the criminal history information to another person unless the disclosure is permitted under subsection (3).

Penalty—

Maximum penalty—100 penalty units.

(3) The person may disclose the criminal history information to another person—

(a) to the extent necessary to perform the person’s functions under this Act; or

(b) if the disclosure is authorised under an Act; or

(c) if the disclosure is otherwise required or permitted by law; or

(d) if the person to whom the information relates consents to the disclosure; or

(e) if the disclosure is in a form that does not identify the person to whom the information relates; or

(f) if the information is, or has been, lawfully accessible to the public.

(4) The ombudsman must ensure the criminal history information is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.

(5) In this section—

"criminal history information" means a report or information given to the ombudsman under section 78B .