Queensland Numbered Acts Queensland Numbered ActsPart 10, after division 1--
insert--
'In this division--
approved agency means an entity established under the law of the Commonwealth or a State prescribed under a regulation as an approved agency.
approved information means information in a QPS database of a kind that is prescribed under a regulation.
condition includes prohibition or restriction.
end user means the following entities--
(a) an approved agency;
(b) a law enforcement agency;
(c) a police force or service of the Commonwealth or another State.
head, of an entity, means--
(a) for an approved agency or a law enforcement agency--the chief executive officer of the agency; or
(b) for an IPSP--the chief executive officer of the IPSP; or
(c) for a police force or service of the Commonwealth or another State--the commissioner of the police force or service; or
(d) for Queensland Transport--the chief executive of Queensland Transport; or
(e) for any other entity established under the law of the Commonwealth or a State--the chief executive officer of the entity.
IPSP means--
(a) CrimTrac; or
(b) an entity established under the law of the Commonwealth or a State prescribed under a regulation as an information processing service provider.
law enforcement agency means an entity established under the law of the Commonwealth or a State prescribed under a regulation as a law enforcement agency.
law enforcement purpose, in relation to the use of information by an approved agency or law enforcement agency, means a purpose for which the agency is authorised to use the information under a law of the Commonwealth or a State.
member, of an entity, includes a person employed or engaged by the entity.
MINDA means the system administered by Queensland Transport that is known as the Mobile Integrated Network Data Access system.
policing purpose, in relation to the use of information by a police force or service of the Commonwealth or another State, means a purpose substantially similar to a purpose for which the Queensland Police Service is authorised to use the information under an Act.
use, in relation to information, includes the following--
(a) disclose;
(b) give;
(c) give access to;
(d) make available;
(e) publish;
(f) record.
'(1) CrimTrac means the executive agency established under the Public Service Act 1999 (Cwlth), section 65 to which the Governor-General has allocated the name CrimTrac Agency.
'(2) A reference to CrimTrac includes--
(a) if the Governor-General allocates a different name to the CrimTrac Agency under the Public Service Act 1999 (Cwlth), section 65--that agency; and
(b) if the CrimTrac Agency or another agency mentioned in paragraph (a) is replaced by another agency that performs functions substantially similar to the functions of the agency mentioned in subsection (1)--that agency.
'(1) The commissioner may give to the head of an IPSP all or any information in a QPS database for inclusion in a database administered by the IPSP for the purpose of the IPSP giving approved information to--
(a) the head of a police force or service of the Commonwealth or another State to enable the police force or service to use the approved information for a policing purpose; or
(b) the head of a law enforcement agency to enable the law enforcement agency to use the approved information for a law enforcement purpose.
'(2) To remove any doubt, it is declared that this section does not limit section 10.2J.
'The commissioner may give approved information in a QPS database to--
(a) the head of a police force or service of the Commonwealth or another State to enable the police force or service to use the approved information for a policing purpose; or
(b) the head of a law enforcement agency to enable the law enforcement agency to use the approved information for a law enforcement purpose.
'The commissioner may give the head of Queensland Transport all or any information in a QPS database to enable Queensland Transport to administer MINDA for the Queensland Police Service.
'(1) The commissioner may give the head of an approved agency all or any information in a QPS database to enable the approved agency to use the information for a law enforcement purpose.
'(2) Without limiting subsection (1), the commissioner may give the information to the head of the approved agency by allowing an authorised member of the approved agency to have direct access to a QPS database.
'(3) In this section--
authorised member, of an approved agency, means a member of the approved agency authorised in writing by the commissioner to have direct access to a QPS database.
'The commissioner may give information to the head of an entity under this subdivision on the conditions the commissioner considers appropriate.
'(1) Information may be given to the head of an entity by the commissioner or an IPSP as mentioned in subdivision 2 despite a prescribed provision.
'(2) Despite a prescribed provision--
(a) the police force or service of the Commonwealth or another State may use, for a policing purpose, information given to the commissioner of the police force or service by the commissioner or an IPSP as mentioned in subdivision 2; and
(b) the law enforcement agency or an approved agency may use, for a law enforcement purpose, information given to the chief executive officer of the agency by the commissioner or an IPSP as mentioned in subdivision 2.
'(3) In this section--
prescribed provision means--
(a) part 5A; or
(b) part 5AA; or
(c) part 10, division 1; or
(d) any other Act imposing a condition on the use of information.
'(1) This section applies in relation to information a member of an end user has because it has been given to the head of the end user by the commissioner or an IPSP as mentioned in subdivision 2.
'(2) If the information is subject to a condition on use imposed under another Act when in the possession of the Queensland Police Service, the same condition or a condition of the same kind applies to the information when in the possession of the member.
Examples of conditions on use imposed under another Act--
Juvenile Justice Act, section 289 (Recording, use or disclosure for authorised purpose)
Juvenile Justice Act, section 295 (Disclosure by police of information about cautions and youth justice conferences and agreements)
Criminal Law (Rehabilitation of Offenders) Act 1986, section 6 (Non-disclosure of convictions upon expiration of rehabilitation period)
Criminal Law (Rehabilitation of Offenders) Act 1986, section 7 (Section 6 not applicable in certain cases)
'(1) This section applies in relation to information a member of an entity has because it has been given to the head of the entity by the commissioner or an IPSP as mentioned in subdivision 2.
'(2) The member must not use the information--
(a) for a purpose other than--
(i) the purpose mentioned in subdivision 2 for which the information has been given to the head of the entity by the commissioner or the IPSP; or
(ii) a purpose that is authorised or permitted under an Act; or
Note--
See the Acts Interpretation Act 1954, section 6 (References to Act).
(b) in contravention of a condition, if any, imposed by the commissioner under section 10.2M.
Maximum penalty--100 penalty units.
'(3) Also, if the member has the information because it has been given to the head of an end user by the commissioner or an IPSP as mentioned in subdivision 2, the member must not use the information in contravention of a condition mentioned in section 10.2O(2).
Maximum penalty--100 penalty units.
'A person commits an offence against section 10.2P(2) or (3) even if the person uses the information mentioned in section 10.2P(1) outside the State.
'(1) This section applies if a person, acting honestly and without negligence, gives information under this division.
'(2) The person is not liable, civilly, criminally or under an administrative process, for giving the information.
'(3) Also, merely because the person gives the information, the person can not be held to have--
(a) breached any code of professional etiquette or ethics; or
(b) departed from accepted standards of professional conduct.
'(4) Without limiting subsections (2) and (3)--
(a) in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and
(b) if the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person--
(i) does not contravene the Act, oath or rule of law or practice by giving the information; and
(ii) is not liable to disciplinary action for giving the information.'.