Queensland Numbered Acts Queensland Numbered ActsChapter 4, part 2, division 5, heading and section 142--
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'(1) A person's personal history is the person's criminal history, domestic violence history and traffic history.
'(2) A reference in this division to a change in a person's personal history includes, for a person who does not have a personal history, the acquisition of a personal history.
'If there is a change in the personal history of the nominee for a licence, the nominee must immediately notify the chief executive, in the approved form, that the change has happened.
Maximum penalty--100 penalty units.
'(1) This section applies to each of the following persons in relation to a licensed care service--
(a) a person responsible for directly managing the service;
(b) a director of the licensee;
(c) a person engaged in relation to the provision of care services by the service.
'(2) If there is a change in the person's personal history, the person must immediately disclose to the nominee for the licence that there has been a change in the person's personal history.
Maximum penalty--100 penalty units.
'(3) On receiving the disclosure, the nominee must immediately notify the chief executive, in the approved form, that there has been a change in the person's personal history.
Maximum penalty--100 penalty units.
'(4) Subsection (2) does not apply if, immediately after the change, the person stops being a person mentioned in subsection (1).
'(5) To remove any doubt, it is declared that it is not a requirement of subsection (2) that the person give the nominee any information about the change other than that a change has happened.
'If there is a change in an approved carer's personal history, the approved carer must immediately notify the chief executive, in the approved form, that the change has happened.
Maximum penalty--100 penalty units.
'(1) This section applies if an approved carer becomes aware of, or reasonably suspects there has been, a change in the personal history of a member of the carer's household.
'(2) The approved carer must immediately notify the chief executive, in the approved form, that the change has happened or is suspected to have happened.
Maximum penalty--100 penalty units.
'(1) This section applies to an approved carer if--
(a) a person becomes a member of the approved carer's household; or
(b) a person stops being a member of the approved carer's household; or
(c) a person becomes the approved carer's spouse; or
(d) a person stops being the approved carer's spouse.
'(2) The approved carer must immediately give the chief executive notice of the matter in the approved form.
Maximum penalty--100 penalty units.
'(3) The approved form must include provision for it to be signed by a person mentioned in subsection (1)(a) if the person is an adult.
'(4) If an adult becomes a member of the approved carer's household, the approved carer does not commit an offence against subsection (2) only by giving a notice under subsection (2) that is not signed by the adult.
'(1) The police commissioner may decide under this section that information about a person (the investigated person) is investigative information if--
(a) there is or was evidence of acts or omissions that, at the time of the acts or omissions, constituted a serious child-related sexual offence (the alleged offence) by the investigated person against a child or a person who was a child at the time of the offence (each of whom is a complainant); and
(b) the police investigated the alleged offence and the investigated person was formally notified about the investigation, including--
(i) by participating in an interview, or by being asked to participate in an interview, about the alleged offence; or
(ii) by otherwise being given an opportunity to answer allegations about the alleged offence; and
(c) there was sufficient evidence available that was capable of establishing each element of the alleged offence but a decision was made not to charge the investigated person because--
(i) the complainant died before the charge was brought; or
(ii) either or both of the following applied--
'(2) Evidence of acts or omissions includes information from a third party if the complainant did not make a formal complaint at or about the time of the investigation.
'(3) Despite the Police Service Administration Act 1990, section 4.10, the police commissioner may not delegate the police commissioner's powers under this section.
'(4) In this section--
serious child-related sexual offence see the Commission for Children and Young People and Child Guardian Act 2000, section 99D.
'(1) This section applies if the police commissioner decides that information about the investigated person is investigative information and gives the information to the chief executive under section 142C.
'(2) The police commissioner must give notice, in the approved form, to the investigated person that--
(a) the police commissioner has decided that information about the person is investigative information; and
(b) investigative information has been given to the chief executive.
'(3) Within 28 days after being given the notice, the investigated person may appeal to a Magistrates Court about the decision that the information is investigative information.
'(4) The chief executive and police commissioner must be given a copy of the notice of appeal.
'(5) The tribunal does not have jurisdiction to review a decision of the police commissioner that information about a person is investigative information or that information that is investigative information may be given to the chief executive.
'(1) A Magistrates Court hearing an appeal under section 141I is to decide afresh whether the information given to the chief executive as investigative information about the investigated person is investigative information.
'(2) A person who is the relevant complainant under section 141H must not be asked or called on by the investigated person to give evidence in person before the court.
'(3) Subsection (2) does not prevent documentary evidence being tendered and received in evidence by the court.
'(4) After hearing the appeal, the court may confirm or set aside the decision.
'(5) For subsection (4), the court must have regard to the matters the police commissioner was required to have regard to under this Act when the police commissioner made the decision.
'(6) The clerk of the court must give notice of the decision to the investigated person, the police commissioner and the chief executive.
'(1) This section applies if, on appeal, a Magistrates Court sets aside the police commissioner's decision under section 141H that information given to the chief executive about the investigated person (the relevant information) is investigative information.
'(2) If the chief executive has made an authority decision, the chief executive must set aside that decision.
'(3) In making an authority decision, the chief executive must not have regard to the relevant information.
'(4) In this section--
authority decision means a decision, after receiving the relevant information, to--
(a) refuse an application for an authority; or
(b) refuse to renew an authority; or
(c) amend, suspend or cancel an authority.
'In this division--
police information, about a person, means the following--
(a) the person's criminal history;
(b) investigative information about the person;
(c) the person's domestic violence history.
'This division provides for the chief executive to obtain particular information to help in deciding, and monitoring, the suitability of--
(a) for a licence--
(i) the person who will be or is responsible for directly managing the service under the licence; and
(ii) the directors of an applicant for the licence or the licensee; and
(iii) the nominee for the licence; and
(iv) the persons who will be, or are, engaged in relation to the provision of care services by the service; or
(b) for a certificate of approval--
(i) an applicant for, or holder of, the certificate; and
(ii) another adult member of the household of an applicant for, or holder of, the certificate.
'(1) The chief executive may ask the chief executive for transport for a written report about the traffic history of a person mentioned in section 142A.
'(2) The chief executive for transport must comply with the request despite the Transport Operations (Road Use Management) Act 1995, section 77.2
'(1) The chief executive may ask the police commissioner for information, or for access to the police commissioner's records, to enable the chief executive to learn what police information exists, if any, in relation to a person mentioned in section 142A.
'(2) If there is police information about the person, the chief executive may ask the police commissioner for a brief description of the circumstances of a conviction or charge, or of investigative information, mentioned in the police information.
'(3) The police commissioner must comply with a request under subsection (1) or (2).
'(4) However, the duty imposed on the police commissioner to comply with a request for information applies only to information in the police commissioner's possession or to which the police commissioner has access.
'(5) The police commissioner need not give investigative information, or give access to a record containing investigative information, about the person to the chief executive under this section if the police commissioner is reasonably satisfied that giving the information or access may do any of the following--
(a) prejudice the investigation of a contravention or possible contravention of the law in a particular case;
(b) enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained;
(c) endanger a person's life or physical safety;
(d) prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law.
'(1) This section applies if a person's police information changes and the police commissioner reasonably suspects the person is a person mentioned in section 142A.
'(2) The police commissioner may give the chief executive a notice stating--
(a) the person's name and any other name that the police commissioner believes the person may use or may have used; and
(b) the person's gender; and
(c) the person's date and place of birth; and
(d) details of the change, including a brief description of the circumstances of a conviction or charge, or of investigative information, to which the change relates.
'(3) The chief executive may confirm the police commissioner's suspicions under subsection (1).
'(4) A reference in this section to a person's police information changing includes, for a person for whom there is no police information, the person becoming the subject of police information.
'(1) This section applies only to the extent that another provision under this Act allows the chief executive to give information to the police commissioner or the police commissioner to give information to the chief executive.
'(2) The chief executive and the police commissioner may enter into a written arrangement by which the information is given or received.
'(3) Without limiting subsection (2), the arrangement may provide for the electronic transfer of information, including on a daily basis.
'(4) However, if information is to be electronically transferred and, under this Act, there is a limitation on who may access the information or the purposes for which the information may be used, the arrangement must provide for the limitation.