Queensland Numbered Acts Queensland Numbered ActsPart 5 , division 8 —
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138ZLA Confidentiality of police, disciplinary, mental health and other protected information(1) This section applies to a person who—(a) is or has been a public service employee employed in the department; and(b) in that capacity, was given, or given access to, protected information about another person.(2) Also, this section applies to a person who is or has been—(a) the Minister and, in that capacity, received a report under section 138ZLD that contains protected information; or(b) a member of the Minister’s staff and, in that capacity, was given, or given access to, a report or information mentioned in paragraph (a).(3) The following information is
"protected information" about a person—(a) police information about the person and information related to the police information;(b) domestic violence information about the person and information related to the domestic violence information;(c) disciplinary information about the person;(d) NDIS disciplinary or misconduct information about the person;(e) information about the person’s mental health, including, for example, information given to the chief executive under subdivision 6;(f) other information about the person given to the chief executive to help the chief executive decide whether the person poses an unacceptable risk of harm to people with disability, including information about the person given to the chief executive—(i) by the NDIS commission; or(ii) by an NDIS worker screening unit; or(iii) by a prescribed entity under section 138R.(4) A person to whom this section applies must not use the protected information, or disclose or give access to the protected information to anyone else, unless the use, disclosure or giving of access is allowed under subsection (5).Penalty—Maximum penalty—100 penalty units or 2 years imprisonment.(5) The person may use the protected information, or disclose or give access to the protected information to another person, if the use, disclosure or giving of access—(a) is for the performance of the chief executive’s screening functions; or(b) is expressly permitted under this part; or(c) happens with the consent of the person to whom the information relates; or(d) for protected information other than a section 93A transcript or a transcript of a recorded statement—is for the purpose of obtaining advice for, or giving advice to, the Minister in relation to the protected information; or(e) is otherwise required under an Act or other law.
138ZLB Confidentiality of other information obtained for screening purposes(1) This section applies to a person who—(a) is or has been—(i) a Minister or a member of the Minister’s staff; or(ii) a public service employee employed in the department; and(b) in that capacity, was given, or given access to, screening information.(2) The person must not use the screening information, or disclose or give access to the screening information to anyone else, unless the use, disclosure or giving of access is allowed under subsection (3).Penalty—Maximum penalty—100 penalty units.(3) The person may use the screening information, or disclose or give access to the screening information to another person, if the use, disclosure or giving of access—(a) is for the purpose of this part; or(b) is for the purpose of obtaining advice for, or giving advice to, the Minister in relation to the screening information; or(c) is for the purpose of performing a function under another law; or(d) is for a proceeding in a court or tribunal; or(e) is authorised under a regulation or another law; or(f) happens with the consent of the person to whom the screening information relates; or(g) is to protect a person with disability from abuse, neglect or exploitation.
138ZLC Disclosure by chief executive(1) The chief executive may disclose screening information to the NDIS commissioner if the chief executive is satisfied the disclosure would assist in the performance of the NDIS commissioner’s functions under the National Disability Insurance Scheme Act 2013 (Cwlth) .(2) The chief executive may disclose screening information to an entity responsible for the administration and enforcement of a corresponding law if the chief executive is satisfied the disclosure would assist in the performance of the entity’s functions under the corresponding law.
138ZLD Reports by chief executive(1) The chief executive may provide the Minister with a report relating to the administration of this part, including the performance and exercise of the chief executive’s functions and powers under this part.(2) The chief executive must provide the Minister with a report of a type mentioned in subsection (1) if the Minister asks for it.(3) A report under this section—(a) may relate to matters generally or to a particular matter; or(b) may include confidential information about a person obtained under this part, including—(i) protected information under section 138ZLA; and(ii) screening information.(4) The chief executive must ensure the department’s annual report under the Financial Accountability Act 2009 for a financial year includes information about the number of times the Minister asked the chief executive for a report under this section during the year.