Queensland Numbered Acts Queensland Numbered ActsPart 2, after section 8—
insert—
8AA Definitions for division In this division—
"authorised person" , for an information matter, see section .
"disclosure notice" see section (2).
"disclosure recipient" see section .
"employer" , of a person, means the person who employs the person or by whom the person is engaged.
"give" , in relation to information, includes carry out a procedure to generate the information.
"information" includes a document.
"information matter" means—(a) the fact an information requirement is made of a person; or(b) the nature of the information sought under an information requirement that is made of a person.
"information requirement" see section (3).
"manager" , of a person, means a person who is employed or engaged by the same entity as the person and who manages or supervises the person’s work.
"relevant officer" see section (4).
"unauthorised person" , for an information matter, see section .
"work-related information" , for a person of whom an information requirement is made, means information that is held, or is to be collected, by an entity by which the person is employed or engaged.
8AB Meaning of authorised person An
"authorised person" , for an information matter, is—(a) a person who has been given a disclosure notice authorising the disclosure of the information matter to the person; orNote—See subdivision 4 for the giving of disclosure notices.(b) a police officer to whom an information matter must, or may, be disclosed under this Act.
8AC Meaning of unauthorised personAn
"unauthorised person" , for an information matter, is a person other than an authorised person for the information matter.Note—See subdivision 3 for the restrictions on disclosing an information matter to an unauthorised person.
8AD Meaning of disclosure recipient(1) A
"disclosure recipient" is a person to whom an information matter is disclosed.(2) For subsection (1), it does not matter whether the disclosure of the information matter to the person—(a) is made by a person of whom an information requirement is made or another disclosure recipient; or(b) is made lawfully or otherwise.Note—A disclosure recipient may be an authorised person, or an unauthorised person, for the information matter that is disclosed to the disclosure recipient.(3) However, a person to whom an information matter is disclosed is not a
"disclosure recipient" if the disclosure is made to the person—(a) because the person is a police officer mentioned in any of the following sections—(i) section (2);(ii) section (3), definition
"relevant matters" , paragraph (h) or (i);(iii) section (3), definition
"relevant matters" , paragraph (j) or (k); or(b) for the purpose of receiving or investigating a complaint to a State police officer or the Crime and Corruption Commission.
8AE Making of information requirement(1) This section applies if, during the period of an emergency situation, the emergency commander is satisfied on reasonable grounds that—(a) a person may be able to give information that is necessary to manage or resolve the emergency situation; andExamples of persons who may be able to give information that is necessary to manage or resolve the emergency situation—• a designated person under the Hospital and Health Boards Act 2011 , part 7• a person who is responsible for a biometric identification system(b) it is not practicable, in the circumstances of the emergency situation, to obtain the information from the person other than under this subdivision.(2) The emergency commander or a police officer acting on the emergency commander’s instructions may require the person to give the information to—(a) the emergency commander or police officer; or(b) another police officer, who may be described by name or by reference to an officer performing a stated function.(3) A requirement under subsection (2) is an
"information requirement" .(4) An information requirement—(a) must be made by written notice; or(b) if it is not reasonably practicable in the circumstances to give written notice—may be made orally, but must be confirmed in writing as soon as reasonably practicable after it is made.Example—Because the information is required urgently, the police officer does not have time to return to the station to complete a written notice.(5) An information requirement may require the person to give the information—(a) either—(i) if it would be reasonable in the circumstances to require the person to give the information immediately—immediately; or(ii) otherwise—by a stated reasonable time and in a stated reasonable way; orExamples of a reasonable way in which the information may be required to be given—• telephoning a stated telephone number to give the information by telephone• emailing a document to a stated email address(b) by attending at a stated reasonable time and place to answer questions or produce documents.(6) Also, an information requirement may require the person to give the information on an ongoing basis during the period of the emergency situation.(7) However, the emergency commander or police officer may not under this section require the person to give the information if the emergency commander or police officer reasonably suspects the person has committed an indictable offence that is directly related to the emergency situation.Note—See the Police Powers and Responsibilities Act 2000 for the powers to question a person suspected of having committed an indictable offence.(8) For information that is included in an electronic document, compliance with the information requirement requires—(a) the giving of a clear image or written version of the electronic document; or(b) the giving of the information in a format that is able to be accessed by the emergency commander or police officer.Example—giving a digital file of CCTV footage that is able to be played on a computer(9) If the information requirement is current at the end of the declaration of the emergency situation, the information requirement ends.(10) In this section—
"electronic document" means a document of a type under the Acts Interpretation Act 1954 , schedule 1, definition
"document" , paragraph (c).
8AF Person to be informed of relevant matters(1) If an information requirement is made of a person by written notice, the notice must state the relevant matters.(2) If an information requirement is made of a person orally, the emergency commander or a police officer acting on the emergency commander’s instructions must, when making the requirement of the person, tell the person the relevant matters.(3) In this section—
"relevant matters" , in relation to an information requirement that is made of a person, means each of the following—(a) an emergency situation has been declared to exist;(b) it is an offence for the person not to comply with the information requirement unless the person has a reasonable excuse;(c) it is a reasonable excuse for the person not to give the information if—(i) for an individual—giving the information might tend to incriminate the individual or expose the individual to a penalty; or(ii) the information is the subject of legal professional privilege;(d) it is an offence for the person to give information the person knows is false or misleading in a material particular unless, when giving information in a document, the person—(i) tells the police officer to whom the information is given, to the best of the person’s ability, how the document is false or misleading; and(ii) if the person has, or can reasonably obtain, the correct information—gives the correct information;(e) it is an offence for the person to disclose an information matter to an unauthorised person for the information matter unless the person has a reasonable excuse;(f) the maximum penalty for committing an offence in relation to the information requirement, with and without a circumstance of aggravation;(g) the name, rank, registered number and station of the emergency commander or police officer making the information requirement;(h) the contact details of a police officer who may be contacted about the information requirement;Examples of a police officer who may be contacted about the information requirement—• a stated police officer• a police officer performing a stated function(i) if the person wishes to disclose an information matter to another person, the person may ask the emergency commander or police officer, or the police officer mentioned in paragraph (h), to give the other person a disclosure notice authorising the disclosure of the information matter to the other person for a stated purpose;(j) a police officer may give the person a written notice under section , including by email from a Queensland Police Service email account, stating that the person is no longer prohibited from disclosing an information matter to other persons;(k) if, during the period of the emergency situation, the person is not given a notice mentioned in paragraph (j), a police officer will inform the person when the emergency situation has ended.
8AG Offence to contravene information requirement(1) A person of whom an information requirement is made must comply with the information requirement unless the person has a reasonable excuse.Penalty—Maximum penalty—40 penalty units or 1 year’s imprisonment.(2) It is a reasonable excuse for the person not to give the information if—(a) for an individual—giving the information might tend to incriminate the individual or expose the individual to a penalty; or(b) the information is the subject of legal professional privilege.(3) Subsection (2) does not limit what is a reasonable excuse.(4) It is a defence to a prosecution for an offence against subsection (1) for the person to prove the person—(a) could not reasonably comply with the information requirement within the period stated in the requirement; and(b) took reasonable steps to comply with the information requirement; and(c) gave the information sought under the information requirement as soon as practicable after the period for compliance stated in the requirement.(5) Subsection (1) applies despite any requirement to maintain confidentiality or other restriction on giving the information, whether imposed under an Act or a rule of law, unless the Act expressly overrides this section.Note—See section for the person’s protection from liability for giving the information.(6) A person commits a crime if the person commits an offence against subsection (1) in circumstances where the person—(a) intends to—(i) seriously endanger the health or safety of any person; or(ii) cause serious damage to property; or(iii) cause serious pollution of the environment; or(iv) seriously prejudice the effective management or resolution of the emergency situation; or(b) knows that, or is reckless as to whether, the person’s noncompliance with the information requirement is likely to—(i) seriously endanger the health or safety of any person; or(ii) cause serious damage to property; or(iii) cause serious pollution of the environment; or(iv) seriously prejudice the effective management or resolution of the emergency situation.Penalty—Maximum penalty—10 years imprisonment.
8AH Offence to give false or misleading information(1) A person of whom an information requirement is made must not give the nominated officer information the person knows is false or misleading in a material particular.Penalty—Maximum penalty—40 penalty units or 1 year’s imprisonment.(2) Subsection (1) does not apply to a person if the person, when giving information in a document—(a) tells the nominated officer, to the best of the person’s ability, how the document is false or misleading; and(b) if the person has, or can reasonably obtain, the correct information—gives the correct information.(3) A person commits a crime if the person commits an offence against subsection (1) in circumstances where the person—(a) intends to—(i) seriously endanger the health or safety of any person; or(ii) cause serious damage to property; or(iii) cause serious pollution of the environment; or(iv) seriously prejudice the effective management or resolution of the emergency situation; or(b) knows that, or is reckless as to whether, giving the false or misleading information is likely to—(i) seriously endanger the health or safety of any person; or(ii) cause serious damage to property; or(iii) cause serious pollution of the environment; or(iv) seriously prejudice the effective management or resolution of the emergency situation.Penalty—Maximum penalty—10 years imprisonment.(4) In this section—
"nominated officer" , in relation to a person of whom an information requirement is made, means the police officer to whom the person is required to give the information under the information requirement.Note—See section (2) for the police officers to whom a person may be required to give the information under an information requirement.
8AI Offence for person to disclose information matter to unauthorised person(1) During the period of an emergency situation, a person of whom an information requirement has been made must not, without reasonable excuse, disclose an information matter to an unauthorised person for the information matter.Penalty—Maximum penalty—40 penalty units or 1 year’s imprisonment.(2) However, the person does not commit an offence against subsection (1) if—(a) the person has been given a notice under section in relation to the information matter; or(b) the disclosure is made for the purpose of making a complaint to a State police officer or the Crime and Corruption Commission.(3) A person commits a crime if the person commits an offence against subsection (1) in circumstances where the person—(a) intends to—(i) seriously endanger the health or safety of any person; or(ii) cause serious damage to property; or(iii) cause serious pollution of the environment; or(iv) seriously prejudice the effective management or resolution of the emergency situation; or(b) knows that, or is reckless as to whether, the disclosure of the information matter is likely to—(i) seriously endanger the health or safety of any person; or(ii) cause serious damage to property; or(iii) cause serious pollution of the environment; or(iv) seriously prejudice the effective management or resolution of the emergency situation.Penalty—Maximum penalty—10 years imprisonment.
8AJ Offence for disclosure recipient to disclose information matter to unauthorised person(1) During the period of an emergency situation, a disclosure recipient must not, without reasonable excuse—(a) if the disclosure recipient is an authorised person for an information matter—disclose the information matter to an unauthorised person for the information matter; or(b) if the disclosure recipient is an unauthorised person for an information matter—disclose the information matter to another unauthorised person for the information matter, knowing that, or being reckless as to whether, the person to whom the disclosure is made is an unauthorised person.Penalty—Maximum penalty—40 penalty units or 1 year’s imprisonment.(2) However, the disclosure recipient does not commit an offence against subsection (1) if—(a) the disclosure recipient has been given a notice under section in relation to the information matter ; or(b) the disclosure is made for the purpose of making a complaint to a State police officer or the Crime and Corruption Commission.(3) Also, the disclosure recipient does not commit an offence against subsection (1)(a) by disclosing to a person of whom an information requirement has been made—(a) the fact the information requirement has been made of the person; or(b) the nature of the information sought under the information requirement.(4) A disclosure recipient commits a crime if the disclosure recipient commits an offence against subsection (1) in circumstances where the disclosure recipient—(a) intends to—(i) seriously endanger the health or safety of any person; or(ii) cause serious damage to property; or(iii) cause serious pollution of the environment; or(iv) seriously prejudice the effective management or resolution of the emergency situation; or(b) knows that, or is reckless as to whether, the disclosure of the information matter is likely to—(i) seriously endanger the health or safety of any person; or(ii) cause serious damage to property; or(iii) cause serious pollution of the environment; or(iv) seriously prejudice the effective management or resolution of the emergency situation.Penalty—Maximum penalty—10 years imprisonment.
8AK Notice that person released from prohibition on disclosing information matter(1) This section applies if, at any time during the period of an emergency situation, the emergency commander reasonably considers it will not prejudice the effective management or resolution of the emergency situation if—(a) a person of whom an information requirement is made discloses an information matter; or(b) a person who is a disclosure recipient discloses an information matter.(2) The emergency commander or a police officer acting on the emergency commander’s instructions may give the person a written notice stating that the person is no longer prohibited from disclosing the information matter to other persons.Note—Section or applies to the person if the person has not been given a notice under this section.(3) The written notice may be given to the person—(a) by email, but only if it is sent from a Queensland Police Service email account; or(b) in a written notice making an information requirement of the person; or(c) in another appropriate way.
8AL Request for disclosure notice to be given(1) This section applies to a person who—(a) is either—(i) a person of whom an information requirement is made; or(ii) a disclosure recipient; and(b) during the period of an emergency situation, wishes to disclose an information matter to another person; and(c) has not been given a notice under section in relation to the information matter .(2) The person may ask a relevant officer to give a stated person a notice (a
"disclosure notice" ) authorising the disclosure of the information matter to the stated person for a stated purpose.(3) The stated purpose must be—(a) for disclosure by a person of whom an information requirement is made—(i) to obtain the help of the other person in order to comply with the information requirement; or(ii) if the information requirement concerns work-related information for the person—to inform the employer, or a manager, of the person that the information requirement has been made of the person; or(iii) to seek legal advice in relation to the information requirement, including about an offence against this division; or(b) for disclosure by a disclosure recipient—(i) to obtain the help of the other person in order to help the person of whom the information requirement is made comply with the information requirement; or(ii) if the information requirement concerns work-related information for the person of whom it is made and the disclosure recipient is a manager of the person—to inform the employer, or a manager, of the disclosure recipient that the information requirement has been made of the person; or(iii) to seek legal advice in relation to the information requirement, including about an offence against this division.(4) In this section—
"relevant officer" means—(a) the emergency commander; or(b) a police officer acting on the emergency commander’s instructions; or(c) if the request under subsection (2) is made by a person of whom an information requirement is made—a police officer mentioned in section (3), definition
"relevant matters" , paragraph (h) whose contact details have been given to the person; or(d) if the request under subsection (2) is made by a disclosure recipient who is an authorised person for the information matter—a police officer mentioned in section (3), definition
"relevant matters" paragraph (j) whose contact details have been given to the disclosure recipient.
8AM Obligation to give, or to refuse to give, disclosure notice(1) This section applies if a request is made under section to a relevant officer to give a stated person a disclosure notice.(2) The relevant officer must give the stated person a disclosure notice unless the officer reasonably suspects that giving the notice might prejudice the effective management or resolution of the emergency situation.(3) The disclosure notice may be given in writing or orally.(4) The giving of the disclosure notice does not affect the time by which the person of whom the information requirement is made must comply with the information requirement.Example—An information requirement is made of a person and, under section (5)(a)(i), requires the person to give the information immediately. The person asks for a disclosure notice to be given to the person’s lawyer to seek legal advice in relation to the information requirement. The obligation under subsection (2) for the relevant officer to give the person’s lawyer a disclosure notice does not affect the person’s obligation under section to comply with the information requirement by giving the information immediately.(5) If the relevant officer reasonably suspects that giving the stated person a disclosure notice might prejudice the effective management or resolution of the emergency situation, the officer must decide to refuse the request.
8AN Person to be informed of relevant matters(1) If a disclosure notice is given in writing, the notice must state the relevant matters.(2) If a disclosure notice is given orally, the relevant officer must, when giving the notice, tell the person to whom it is given the relevant matters.(3) In this section—
"relevant matters" , in relation to a disclosure notice given to a person (the
"stated person" ), means each of the following—(a) an emergency situation has been declared to exist;(b) an information requirement has been made of the person mentioned in section (1)(a)(i);(c) it is an offence for the person of whom the information requirement is made not to comply with the information requirement unless the person has a reasonable excuse;(d) it is an offence for the person of whom the information requirement is made to give information the person knows is false or misleading in a material particular unless, when giving information in a document, the person—(i) tells the police officer to whom the information is given, to the best of the person’s ability, how the document is false or misleading; and(ii) if the person has, or can reasonably obtain, the correct information—gives the correct information;(e) it is an offence for the person of whom the information requirement is made to disclose an information matter to an unauthorised person for the information matter unless the person has a reasonable excuse;(f) the person of whom the information requirement is made, or a disclosure recipient, has been authorised to disclose an information matter to the stated person for the purpose of—(i) either—(A) for disclosure by the person of whom the information requirement is made—obtaining the help of the stated person in order to comply with the information requirement; or(B) for disclosure by a disclosure recipient—obtaining the help of the stated person in order to help the person of whom the information requirement is made comply with the information requirement; or(ii) informing the stated person, as the employer, or a manager, of the person of whom the information requirement is made, or of the disclosure recipient, that the information requirement has been made and concerns work-related information for the person of whom it is made; or(iii) seeking legal advice in relation to the information requirement, including about an offence against this division;(g) it is an offence for the stated person to disclose the information matter to an unauthorised person for the information matter unless the stated person has a reasonable excuse;(h) the maximum penalty for disclosing the information matter to an unauthorised person for the information matter, with and without a circumstance of aggravation;(i) the name, rank, registered number and station of the police officer giving the disclosure notice;(j) the contact details of a police officer who may be contacted about the information requirement or disclosure notice;Examples of a police officer who may be contacted about the information requirement or disclosure notice—• a stated police officer• a police officer performing a stated function(k) if the stated person wishes to disclose the information matter to another person, the stated person may ask the emergency commander, the police officer giving the disclosure notice or the police officer mentioned in paragraph (j) to give the other person a disclosure notice authorising the disclosure of the information matter to the other person for a stated purpose;(l) a police officer may give the stated person a written notice under section , including by email from a Queensland Police Service email account, stating that the person is no longer prohibited from disclosing the information matter to other persons;(m) if, during the period of the emergency situation, the person is not given a notice mentioned in paragraph (l), a police officer will inform the stated person when the emergency situation has ended.
8AO Procedure if disclosure notice is given(1) If a disclosure notice is given under section (2), the relevant officer must—(a) if the notice is given in writing—give a copy of the notice to the person who requested the giving of the notice; or(b) if the notice is given orally—tell the person who requested the giving of the notice that the notice has been given.(2) Also, the relevant officer must, as soon as reasonably practicable after the disclosure notice is given, make a written record under subsection (3) or (4).(3) If the disclosure notice is given in writing, the written record must state—(a) the date and time the notice is given; and(b) the date and time a copy of the notice is given to the person who requested the giving of the notice.(4) If the disclosure notice is given orally, the written record must state—(a) the name of the person to whom the notice is given; and(b) the date and time the notice is given; and(c) the date and time the person who requested the giving of the notice is told the notice has been given.
8AP Procedure if disclosure notice is refused(1) This section applies if a relevant officer decides under section (5) to refuse a person’s request to give a stated person a disclosure notice.(2) As soon as reasonably practicable after making the decision, the relevant officer must—(a) inform the person who made the request that—(i) the request is refused; and(ii) if the stated purpose of the request was a purpose mentioned in section (3)(a)(iii) or (b)(iii)—the person may ask that a disclosure notice authorising the disclosure of the information matter be given to another stated person for that purpose; and(b) make a written record of—(i) the decision to refuse the request; and(ii) the date and time of the decision; and(iii) the grounds forming the basis of the suspicion mentioned in section (5).(3) The information required to be given under subsection (2)(a) may be given orally or in writing.
8AQ Protection from liability for giving information(1) This section applies to a person who, acting honestly and without negligence, gives information under an information requirement that is made of the person.(2) This section also applies to a person if—(a) the person, acting honestly and without negligence, gives information to—(i) a person of whom an information requirement is made to help the person comply with the requirement; or(ii) a disclosure recipient to help the disclosure recipient help a person of whom an information requirement is made comply with the requirement ; and(b) when the information is given—(i) the person is an authorised person for an information matter relating to the person of whom the information requirement is made; or(ii) the person to whom the information is given has been given a notice under section .(3) The person is not liable, civilly, criminally or under an administrative process, for giving the information.(4) Also, merely because the person gives the information, the person can not be held to have—(a) breached any code of professional etiquette or ethics; or(b) departed from accepted standards of professional conduct.(5) Without limiting subsections (3) and (4)—(a) in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and(b) if the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person—(i) does not contravene the Act, oath or rule of law or practice by giving the information; and(ii) is not liable to disciplinary action for giving the information.
8AR Persons to be informed that emergency situation has ended(1) As soon as practicable after the declaration of an emergency situation ends, the emergency commander must ensure each relevant person is informed that—(a) the emergency situation has ended; and(b) the relevant person is no longer prohibited from disclosing an information matter to other persons.(2) Subsection (1) does not apply if, during the period of the emergency situation, the relevant person has been given a notice under section .(3) In this section—
"relevant person" means—(a) a person of whom an information requirement was made during the period of the emergency situation; or(b) a person to whom a disclosure notice was given during the period of the emergency situation.