Queensland Numbered Acts

POLICE LEGISLATION AMENDMENT ACT 2010 No. 45 - SECT 29

After section 110K--

insert--

'(1) This section applies in relation to the following persons--

(a) the executive director;

(b) a person who is being considered for appointment as the executive director (a prospective executive director).

'(2) The Minister may ask the commissioner for a written report about the person's extended criminal history.

'(3) However, if the request relates to a prospective executive director, the Minister may make the request only if the prospective executive director has given the Minister written consent for the request.

'(4) The commissioner must comply with the request.

'(5) However, subsection (4) applies only to information in the commissioner's possession or to which the commissioner has access.

'(6) Before using information obtained under subsection (2) to decide whether a person should continue or be recommended for appointment as the executive director, the Minister must--

(a) disclose the information to the person; and

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

'(7) The Minister must ensure a report given under this section is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.

'(8) The Criminal Law (Rehabilitation of Offenders) Act 1986 does not apply to the asking for, or giving of, the information mentioned in subsection (2).

'(9) To remove any doubt, it is declared that, despite the Youth Justice Act 1992, part 9, the commissioner may disclose information to which that part applies to the Minister for complying with a request under subsection (2).

'(1) If there is a change in the extended criminal history of the executive director, the executive director must, unless the executive director has a reasonable excuse, immediately disclose the change to the Minister.

Maximum penalty--100 penalty units or 2 years imprisonment.

'(2) For the executive director who does not have an extended criminal history, there is taken to be a change in the executive director's extended criminal history if the executive director acquires an extended criminal history.

'(3) To comply with subsection (1), the information disclosed by the executive director about a conviction for an offence or charge in the executive director's extended criminal history must include the following--

(a) the existence of the conviction or charge;

(b) when the offence was committed or alleged to have been committed;

(c) details adequate to identify the offence or alleged offence;

(d) for a conviction--

(i) whether or not a conviction was recorded; and

(ii) the sentence imposed on the executive director.

'(4) The Criminal Law (Rehabilitation of Offenders) Act 1986 does not apply to the disclosure of information under this section.

'(1) The disclosure under section 110KB(1) must be in the approved form.

'(2) The executive director must not give the Minister an approved form under subsection (1) that is false, misleading or incomplete in a material particular.

Maximum penalty--100 penalty units or 2 years imprisonment.

'(3) Subsection (2) does not apply to the executive director in relation to particular information that the executive director is unable to provide if the executive director--

(a) indicates in the approved form the information that the executive director is unable to provide; and

(b) otherwise gives the information in the approved form to the best of the executive director's ability.

'(1) The information about a person received under this subdivision must not be used for any purpose other than for deciding whether the person should continue or be recommended for appointment as the executive director.

'(2) When making the decision mentioned in subsection (1), the Minister must have regard to the following matters relating to information about the commission, or alleged or possible commission, of an offence by the person--

(a) when the offence was committed, is alleged to have been committed or may possibly have been committed;

(b) the nature of the offence and its relevance to the person's appointment as the executive director;

(c) anything else the Minister considers relevant to whether the person should continue or be recommended for appointment as the executive director.'.