Queensland Numbered Acts

MOTOR ACCIDENT INSURANCE AND OTHER LEGISLATION AMENDMENT ACT 2019 - SECT 22

22 Replacement of pt 5A, div 6 (Information from Commissioner of Police Service)

Part 5A , division 6 —
omit, insert —

Division 6 - Information from commissioner of police service

Subdivision 1 - Risk to authorised person’s safety

87V Commission’s power to obtain criminal history report for authorised person’s safety

(1) The commission may ask the commissioner of the police service for a written report about the criminal history of a person if an authorised person reasonably suspects the person—

(a) may be present at a place when the authorised person enters the place under part 5A; and

(b) may create an unacceptable level of risk to the authorised person’s safety.

(2) The commissioner of the police service must give the report to the commission.

(3) However, the report is required to contain only criminal history in the commissioner’s possession or to which the commissioner has access.

(4) The commission must examine the report and identify, to the extent it is reasonably practicable to do so, offences involving the use of a weapon or violence against a person.

(5) The commission may give the authorised person information in the report about the offences identified under subsection (4).

(6) The commission or an authorised person to whom the report or written information in the report is given must destroy the report or written information as soon as practicable after the authorised person considers the risk to the authorised person’s safety.

87VA Confidentiality of criminal history under s 87V

(1) A person must not use or disclose to anyone else a report about a person’s criminal history, or information contained in the report, given under section 87V unless the use or disclosure is allowed under subsection (2).

Penalty—

Maximum penalty—100 penalty units.

(2) The person may use the information, or disclose the information to another person, if the use or disclosure—

(a) is for the purpose of the other person performing a function under this Act; or

(b) is with the consent of the person to whom the information relates; or

(c) is otherwise permitted or required by law.

Subdivision 2 - Offence against this Act or National Injury Act

87VB Commission’s power to obtain criminal history report about offence

(1) The commission may ask the commissioner of the police service for information in the possession of the Queensland Police Service that is mentioned in subsection (2) about a person the commission reasonably suspects to have committed an offence against this Act or the National Injury Act .

(2) The information that may be given is—

(a) the person’s criminal history or part of the person’s criminal history; and

(b) a brief of evidence compiled by the Queensland Police Service on anything mentioned in the person’s criminal history; and

(c) a document about a complaint made by or against the person.

(3) For this section, the Criminal Law (Rehabilitation of Offenders) Act 1986 does not apply.

87VC Confidentiality of information under s 87VB

(1) A person must not use or disclose, directly or indirectly, to anyone else information given under section 87VB unless the use or disclosure is allowed under subsection (2).

Penalty—

Maximum penalty—100 penalty units.

(2) The person may use the information, or disclose the information to another person, if the use or disclosure—

(a) is for the purpose of an investigation or prosecution under this Act or the National Injury Act ; or

(b) is with the consent of the person to whom the information relates; or

(c) is otherwise permitted or required by law.