Queensland Numbered Acts

POLICE AND OTHER LEGISLATION AMENDMENT ACT 2005 No. 17 - SECT 28

After section 5A.21--

insert--

'(1) This section applies to a member of the service, whether or not the member is a relevant member.

'(2) However, this section applies to a member of the service only if the member reports to a prescribed person that the member requires counselling or rehabilitation about the member's personal use of alcohol or a drug.

'(3) The member may apply in the approved form to the commissioner to enter into an agreement to provide to the member the counselling or rehabilitation approved by the commissioner.

'(4) A regulation may prescribe the matters that must be included in an agreement under this section.

'(5) The commissioner must not use information disclosed by a member under this section for the purpose of a disciplinary or other action against the member under this Act or the Public Service Act 1996, whichever is relevant.

'(6) Also, the commissioner must not disclose information in the possession of the police service because of subsection (2) or an agreement entered into under subsection (3) other than--

(a) for the purposes of the agreement; or

(b) for the purposes of section 6.1(1)(c) or 8.3; 12 or

(c) to the extent the commissioner considers reasonably necessary to prevent or lessen a serious threat to the public or to the member's health or safety; or

(d) for the purposes of a claim for compensation under the Workers' Compensation and Rehabilitation Act 2003.

'(7) In this section--

prescribed person means a person to whom, under a regulation, a member of the service may make a request for the provision of counselling or rehabilitation about the member's personal use of alcohol or a drug.'.