Queensland Numbered Acts

CHILD SAFE ORGANISATIONS ACT 2024 - SECT 49

49 Particular entities may share information for reportable conduct scheme

(1) This section applies in relation to the following entities (each a
"prescribed RCS entity" )—

(a) the commission;

(b) a sector regulator for a reporting entity;

(c) a reporting entity if a worker of the entity is, or has been, the subject of a reportable allegation or reportable conviction;

(d) a department;

(e) the Crime and Corruption Commission;

(f) the Office of the Director of Child Protection Litigation established under the Director of Child Protection Litigation Act 2016 , section 35 ;

(g) the inspector of detention services under the Inspector of Detention Services Act 2022 ;

(h) the Office of the Ombudsman established under the Ombudsman Act 2001 , section 73 ;

(i) the police service;

(j) a police force or service of another State or the Commonwealth;

(k) the office of the public guardian established under the Public Guardian Act 2014 , section 102 ;

(l) the Public Sector Commission under the Public Sector Act 2022 ;

(m) an entity performing functions under a law of another State or the Commonwealth that are substantially the same as the functions of the commission under chapter 3 ;

(n) another entity prescribed by regulation.

(2) The head of a prescribed RCS entity may disclose relevant information to the head of another prescribed RCS entity (the
"receiving entity" ) for the following purposes—

(a) to lessen or prevent a serious risk or threat to the life, health or safety of a child or class of children;

(b) if the receiving entity is the police service or a police force or service of another State or the Commonwealth—to enable the investigation of criminal conduct;

(c) if the receiving entity is the commission—for the performance of the commission’s functions under chapter 3 ;

(d) for an investigation by the receiving entity of a reportable allegation or reportable conviction;

(e) for taking appropriate action by a reporting entity or sector regulator for a reporting entity in relation to a finding that reportable conduct has been engaged in by a worker of the reporting entity; or

(f) for a receiving entity other than an entity mentioned in subsection (1) (c) —for the performance of a function by the receiving entity under an Act that relates to the protection of children from harm;

(g) for another purpose necessary for the effective administration of the reportable conduct scheme prescribed by regulation.

(3) A prescribed RCS entity may disclose relevant information in a circumstance mentioned in subsection (2) whether or not the receiving entity has requested the information.

(4) For subsection (2) , a reference to the head of the commission is a reference to each commissioner.

(5) A regulation prescribing an entity under subsection (1) (n) may limit the purposes for which the entity may receive or disclose information.

(6) In this section—

"relevant information" —

(a) means the following—

(i) information about the progress of an investigation of a reportable allegation or reportable conviction;

(ii) the findings and reasons for the findings of an investigation mentioned in paragraph (a) ;

(iii) any action that is to be taken in response to the findings mentioned in paragraph (b) ;

(iv) any other information about a reportable allegation or reportable conviction that would assist a prescribed RCS entity to comply with chapter 3 ; but

(b) does not include evidentiary material or a relevant record or transcript under section 52 (9) .