Queensland Numbered Acts Queensland Numbered ActsAfter part 5—
insert—
169A Purpose of part The purpose of this part is to enable particular entities to share information, while protecting the confidentiality of the information, to—(a) assess whether there is a serious threat to the life, health or safety of people because of domestic violence; and(b) respond to serious threats to the life, health or safety of people because of domestic violence; and(c) refer people who fear or experience domestic violence, or who commit domestic violence, to specialist DFV service providers.
169B Principles for sharing information The principles underlying this part are—(a) whenever safe, possible and practical, a person’s consent should be obtained before—(i) providing, or planning to provide, a service to the person; or(ii) disclosing personal information about the person to someone else; and(b) because the safety, protection and wellbeing of people who fear or experience domestic violence are paramount, their safety and protection take precedence over the principle mentioned in paragraph (a); and(c) before disclosing information about a person to someone else, an entity should consider whether disclosing the information is likely to adversely affect the safety of the person or another person.
169C Definitions for part(1) In this part—
"information" includes a document.
"prescribed entity" means each of the following—(a) the chief executive of a department that is mainly responsible for any of the following matters—(i) adult corrective services;(ii) child protection services;(iii) community services;(iv) court services;(v) disability services;(vi) education;(vii) housing services;(viii) public health services;(ix) youth justice services;(b) the chief executive of another department that provides services to persons who fear or experience domestic violence or who commit domestic violence;(c) the commissioner under the Ambulance Service Act 1991 ;(d) the police commissioner;(e) the chief executive officer of Mater Misericordiae Ltd (ACN 096 708 922);(f) a health service chief executive under the Hospital and Health Boards Act 2011 ;(g) the principal of a school that is accredited, or provisionally accredited, under the Education (Accreditation of Non-State Schools) Act 2001 ;(h) another entity prescribed by regulation.
"specialist DFV service provider" means a non-government entity funded by the State or Commonwealth to provide services to persons who fear or experience domestic violence or who commit domestic violence.
"support service provider" means a non-government entity, other than a specialist DFV service provider, that provides assistance or support services to persons who may include persons who fear or experience domestic violence or who commit domestic violence.Examples of assistance or support services—• counselling• disability services• health services• housing and homelessness services• legal services• sexual assault services(2) In this part, a reference to domestic violence includes a reference to associated domestic violence.
169D Sharing information for assessing domestic violence threat(1) A prescribed entity or specialist DFV service provider (each the
"holder" ) may give information to another prescribed entity or specialist DFV service provider if the holder reasonably believes—(a) a person fears or is experiencing domestic violence; and(b) the information may help the entity receiving the information to assess whether there is a serious threat to the person’s life, health or safety because of the domestic violence.(2) Also, a support service provider (the
"holder" ) may give information to a prescribed entity or specialist DFV service provider if the holder reasonably believes—(a) a person fears or is experiencing domestic violence; and(b) the information may help the entity receiving the information to assess whether there is a serious threat to the person’s life, health or safety because of the domestic violence.
169E Sharing information for responding to serious domestic violence threat A prescribed entity, specialist DFV service provider or support service provider (each the
"holder" ) may give information to another prescribed entity, specialist DFV service provider or support service provider if the holder reasonably believes—(a) a person fears or is experiencing domestic violence; and(b) the information may help the entity receiving the information to lessen or prevent a serious threat to the person’s life, health or safety because of the domestic violence.
169F Police officer may refer person to specialist DFV service provider(1) A police officer may give referral information about a person to a specialist DFV service provider if the police officer reasonably believes—(a) the person fears or is experiencing domestic violence and there is a threat to the person’s life, health or safety because of the domestic violence; or(b) the person has committed domestic violence against another person.(2) The following information about a person is
"referral information" —(a) the person’s name;(b) the person’s contact details, including, for example, the person’s telephone number or email address;(c) details of the basis for the reasonable belief;(d) any other information that is, in the police officer’s opinion, reasonably necessary to assist the entity receiving the information to offer to provide a service to the person.Example for paragraph (d)—whether the person is the primary carer of children
169G Permitted uses of shared information(1) A prescribed entity or specialist DFV service provider may use information given to it under this division to the extent necessary to do the following—(a) assess whether there is a serious threat to a person’s life, health or safety because of domestic violence;(b) lessen or prevent a serious threat to a person’s life, health or safety because of domestic violence, including by—(i) contacting, or attempting to contact, the person or another person involved in the domestic violence; or(ii) offering to provide assistance or a service to the person or another person involved in the domestic violence.(2) A support service provider may use information given to it under this division to the extent necessary to lessen or prevent a serious threat to a person’s life, health or safety because of domestic violence, including by—(a) contacting, or attempting to contact, the person or another person involved in the domestic violence; or(b) offering to provide assistance or a service to the person or another person involved in the domestic violence.
169H Who may give or receive information on behalf of entity(1) This section applies if an entity, including a prescribed entity, specialist DFV service provider or support service provider, may give, receive or use information under this division.(2) A person mentioned in subsection (3) may give, receive or use the information for the entity if—(a) the person’s duties for the entity include—(i) assessing threats to life, health or safety because of domestic violence; or(ii) taking action to lessen or prevent threats to life, health or safety because of domestic violence, including by providing assistance or a service to a person involved in the domestic violence; or(b) the person is otherwise authorised by the entity to give, receive or use the information.(3) For subsection (2), the persons are the following—(a) a person employed or engaged by the entity;(b) if the entity is the police commissioner—a police officer.
169I Facts or opinion may be shared Information that may be given to an entity under this division may be comprised of facts or opinion.
169J Limits on information that may be shared Despite sections 169D , 169E and 169F , information may not be given to an entity under this division if—(a) the information is about a person’s criminal history to the extent it relates to a conviction, other than a conviction for a domestic violence offence, and—(i) the rehabilitation period for the conviction under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired under that Act; and(ii) the conviction is not revived as prescribed by section 11 of that Act; or(b) the information must not be disclosed under the Child Protection Act 1999 , section 186; or(c) the information is confidential information within the meaning of the Director of Public Prosecutions Act 1984 , section 24A known by a person and acquired in the circumstances mentioned in section 24A(1) and (2) of that Act; or(d) the information is—(i) sensitive evidence within the meaning of the Criminal Code, section 590AF; or(ii) a recording within the meaning of the Evidence Act 1977 , section 21AY; or(iii) a section 93A criminal statement or a section 93A transcript within the meaning of the Evidence Act 1977 , section 93AA; or(e) giving the information would be contrary to an order of a court or tribunal.
169K Confidentiality of information obtained under this part(1) This section applies to a person (the
"receiver" ) who—(a) is or has been a person employed or engaged by a prescribed entity, specialist DFV service provider or support service provider; and(b) in that capacity was given, or given access to, information under this part about another person.(2) This section also applies to a person (also the
"receiver" ) who is given, or is given access to, information about another person by a person mentioned in subsection (1)(a).(3) The receiver must not use the information, or disclose or give access to the information to anyone else.Penalty—Maximum penalty—100 penalty units or 2 years imprisonment.(4) However, the receiver may use the information, or disclose or give access to the information to someone else, if the use, disclosure or giving of access—(a) is permitted under this part; or(b) if the entity that employs or engages the receiver is required to comply, under the Information Privacy Act 2009 , with the information privacy principles—complies with the information privacy principles; or(c) is otherwise required or permitted by law.(5) Subsection (4)(b) applies despite the operation of the Information Privacy Act 2009 , section 7(2).(6) In this section—
"information privacy principles" means—(a) the information privacy principles set out in the Information Privacy Act 2009 , schedule 3; or(b) the national privacy principles set out in the Information Privacy Act 2009 , schedule 4.
169L Police use of confidential information(1) This section applies if a police officer receives information from a prescribed entity, specialist DFV service provider or support service provider under section 169D or 169E .(2) The police officer, and any other police officer to whom the information is disclosed under this section, may use the information to the extent necessary to perform the officer’s functions as a police officer.(3) A police officer must not use the information under this section for an investigation or for a proceeding for an offence unless—(a) the police officer, or another police officer, has consulted with the entity that gave the information about the proposed use; and(b) in consultation with the entity, the police officer has considered whether the proposed use of the information for the investigation or proceeding would be in the best interests of a person experiencing domestic violence.(4) Subsection (3) does not apply to the extent that the police officer needs to use the information immediately in the performance of the officer’s functions as a police officer.(5) In this section—
"use" , in relation to information, includes disclose, or give access to, the information to someone else.
169M Chief executive must make guidelines(1) The chief executive must make guidelines, consistent with this Act and the Information Privacy Act 2009 , for sharing and dealing with information under this part.(2) The purposes of the guidelines are to ensure—(a) information is shared under this part for proper purposes; and(b) to the greatest extent possible, the privacy of individuals is respected when sharing information under this part, having regard to the paramount principle stated in section 4(1); and(c) information shared under this part is properly used, stored, retained and disposed of.(3) In preparing the guidelines, the chief executive must consult with the privacy commissioner under the Information Privacy Act 2009 .(4) The chief executive must publish the guidelines on the department’s website.
169N Protection from liability for giving information(1) This section applies if a person, acting honestly, gives information in compliance with this part.(2) Subject to section 169O , 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.
169O Interaction with other laws(1) This part does not limit a power or obligation under another Act or law to give information.(2) Also, disclosure of information under this part does not waive, or otherwise affect, a privilege a person may claim in relation to the information under another Act or law.(3) Subject to subsection (4), this part applies to information despite any other law that would otherwise prohibit or restrict the giving of the information.Examples of other laws—†¢ Child Protection Act 1999 , section 188†¢ Education (General Provisions) Act 2006 , section 426†¢ Hospital and Health Boards Act 2011 , section 142(1)†¢ Police Service Administration Act 1990 , section 10.1†¢ Youth Justice Act 1992 , section 288(4) This part applies subject to the following provisions—(a) the Child Protection Act 1999 , section 186;(b) the Criminal Code, section 590AX;(c) the Director of Public Prosecutions Act 1984 , section 24A;(d) the Evidence Act 1977 , sections 21AZB, 21AZC and 93AA.