Queensland Numbered Acts Queensland Numbered ActsAfter section 110L--
insert--
'(1) This subdivision applies to duties to be performed in the office if, under a part 6 directive, the executive director decides that, because of the nature of the particular duties (relevant duties), it may be necessary to have regard to the extended criminal history of anyone engaged to perform the relevant duties to ensure the person so engaged is suitable to perform them.
'(2) To remove any doubt, the Public Service Act 2008, chapter 5, part 6 applies only to the extent a part 6 directive may be made for that part under that Act.
Note--
Under the Public Service Act 2008, section 194, an appeal may be made to the chief executive of the Public Service Commission against a decision to take, or not take, action under a directive.
'(1) If the executive director proposes to engage a person as a staff member (a prospective staff member), the executive director may, under a part 6 directive, ask the prospective staff member for written consent for the executive director to obtain the prospective staff member's extended criminal history.
'(2) Subsection (1) applies even if the prospective staff member is a public service employee at the time the executive director proposes to engage the prospective staff member as a staff member.
'If a prospective staff member does not consent, or withdraws his or her consent, to the executive director obtaining the prospective staff member's extended criminal history, the executive director is not required to consider the prospective staff member for engagement with the office.
'(1) If a prospective staff member gives written consent to the executive director obtaining the prospective staff member's extended criminal history, the executive director may ask the commissioner for a written report about the prospective staff member's extended criminal history.
'(2) The request may include the following--
(a) the prospective staff member's name and any other name the executive director believes the prospective staff member may use or may have used;
(b) the prospective staff member's date and place of birth, gender and address.
'(3) Subject to subsection (4), the commissioner must comply with the request.
'(4) The duty imposed on the commissioner to comply with the request applies only to information in the commissioner's possession or to which the commissioner has access.
'(5) The executive director must destroy a report given to the executive director under this section as soon as practicable after it is no longer needed for the purpose for which it was requested.
'(6) The Criminal Law (Rehabilitation of Offenders) Act 1986 does not apply to the asking for, or giving of, the information mentioned in subsection (1).
'(7) 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 executive director for complying with a request under subsection (1).
'After the prospective staff member's extended criminal history is given to the executive director, the executive director must consider the prospective staff member's extended criminal history in making an assessment about the prospective staff member's suitability for engagement as a staff member.
'(1) This section applies if there is a change in the extended criminal history of a staff member.
'(2) The staff member must immediately disclose the details of the change to the executive director.
'(3) The disclosure under subsection (2) must be in the approved form.
'(4) Information disclosed in the approved form by the staff member about a conviction or charge for an offence in the staff member's extended criminal history must include--
(a) the existence of the conviction or charge; and
(b) when the offence was committed or alleged to have been committed; and
(c) the details of the offence or alleged offence; and
(d) for a conviction--whether or not a conviction was recorded and the sentence imposed on the staff member.
'(5) For a staff member who does not have an extended criminal history, there is taken to be a change in the staff member's extended criminal history if the staff member acquires an extended criminal history.
'(6) The Criminal Law (Rehabilitation of Offenders) Act 1986 does not apply to the disclosure of information under this section.
'(1) A staff member must not--
(a) fail to give the executive director a disclosure as required under section 110R, unless the staff member has a reasonable excuse; or
(b) give the executive director an approved form under section 110R that is false, misleading or incomplete in a material particular.
Maximum penalty--100 penalty units or 2 years imprisonment.
'(2) Subsection (1)(b) does not apply to a staff member in relation to particular information that the staff member is unable to provide if the staff member--
(a) indicates in the approved form the information that the staff member is unable to provide; and
(b) otherwise gives the information in the approved form to the best of the staff member's ability.
'(1) This section applies to a staff member.
'(2) The executive director may ask the commissioner for a written report about the staff member's extended criminal history.
'(3) Subject to subsection (4), the commissioner must comply with the request.
'(4) The duty imposed on the commissioner to comply with the request applies only to information in the commissioner's possession or to which the commissioner has access.
'(5) The executive director must destroy a report given to the executive director under this section as soon as practicable after it is no longer needed for the purpose for which it was requested.
'(6) The Criminal Law (Rehabilitation of Offenders) Act 1986 does not apply to the asking for, or giving of, the information mentioned in subsection (2).
'(7) 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 executive director for complying with a request under subsection (2).
'(1) This section applies to the executive director in considering information about a person received under this subdivision.
'(2) The information must not be used for any purpose other than assessing the person's suitability to be or continue to be engaged as a staff member.
'(3) When making the assessment, the executive director 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 proposed duties or duties under the engagement;
(c) anything else the executive director considers relevant to the assessment of the person's suitability.
'(1) This section applies if, after having regard to the matters mentioned in section 110U(3) about a person, the executive director considers the person may not be suitable to be or continue to be engaged by the office to perform relevant duties.
'(2) The executive director must--
(a) disclose the information to the person; and
(b) allow the person a reasonable opportunity to make representations to the executive director about the information.'.