Queensland Numbered Acts

YOUTH JUSTICE AND OTHER LEGISLATION AMENDMENT ACT 2019 - SECT 30

30 Insertion of new pt 9, div 2A

Part 9 —
insert—

Division 2A - Information sharing and services coordination for children charged with offences

297B Purpose

(1) The purpose of this division is to enable a coordinated response to the needs of children charged with offences.

(2) The purpose is to be achieved by providing for an arrangement to be established under which—

(a) services provided to the children by particular entities are coordinated; and

(b) confidential information relating to the children may be shared between particular entities, while protecting the confidentiality of the information.

297C Principle for sharing information

(1) As well as the youth justice principles, it is a principle underlying this division that, whenever possible and practical, a person’s consent should be obtained before disclosing confidential information relating to the person to someone else.

(2) However, this section does not prevent information relating to a person from being disclosed to someone else under this division if the person’s consent is not obtained before the disclosure.

297D Definitions for division In this division—

"child charged with an offence" see section 297E.

"non-government entity" means an entity that is not a State or Commonwealth department or agency.

"prescribed entity" means—

(a) the chief executive of a department that is mainly responsible for any of the following matters—

(i) Aboriginal and Torres Strait Islander 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; or

(b) the chief executive of another department that provides services to children; or

(c) the commissioner of the police service; or

(d) the chief executive officer of Mater Misericordiae Ltd (ACN 096 708 922); or

(e) a health service chief executive under the Hospital and Health Boards Act 2011 ; or

(f) the chief executive officer of the National Disability Insurance Agency; or

(g) the principal of an accredited school under the Education (Accreditation of Non-State Schools) Act 2017 ; or

(h) the public guardian under the Public Guardian Act 2014 ; or

(i) another entity prescribed by regulation.

"service provider" means—

(a) Legal Aid Queensland established under the Legal Aid Queensland Act 1997 ; or

(b) a non-government entity that provides a service to children.

Examples of a service that may be provided to children—

• counselling

• disability services

• education or training services

• health services

• housing and homelessness services

• legal services

297E References to a child charged with an offence For this division, a reference to a
"child charged with an offence" includes a reference to a child who—

(a) was charged with an offence; and

(b) is receiving, or is the subject of, a service provided for the purpose of—

(i) dealing with the child under this Act for the offence; or

Example—

an assessment prepared for sentencing the child for the offence

(ii) helping rehabilitate the child.

Example—

counselling and rehabilitation programs provided for the purpose of meeting particular needs of the child relevant to the child’s offending behaviour

297F Establishment of arrangements A chief executive of a department who is a prescribed entity may establish an arrangement to enable prescribed entities and service providers to—

(a) coordinate the provision of services (including assessments and referrals) to meet the needs of children charged with offences; and

(b) provide information that may be used by courts in making bail or sentencing decisions for children; and

(c) share relevant information with each other for the purpose of the matters mentioned in paragraphs (a) and (b).

297G Disclosing, recording or using information for particular purposes

(1) This section applies to a prescribed entity or service provider (each the
"holder" ) that holds confidential information relating to a child charged with an offence.

(2) The holder may, under an arrangement established under section 297F, disclose the information to another prescribed entity or service provider (each the
"recipient" ) if the holder reasonably believes the information may help the recipient to—

(a) participate in case planning for the child; or

(b) assess the child’s needs; or

(c) ensure a court is able to take into account the child’s needs; or

(d) provide appropriate referrals for the child; or

(e) deliver services, programs or support for the child; or

(f) address the child’s health needs or disability needs so far as they are relevant to the child’s previous, or possible future, offending behaviour.

(3) The holder may, under an arrangement established under section 297F, record or use the information for a purpose stated in subsection (2)(a) to (f).

(4) Subsections (2) and (3) apply subject to any limitations prescribed by regulation about how, or the circumstances in which, a prescribed entity or service provider may disclose, record or use confidential information under this section.

297H Interaction with other laws

(1) This division does not limit a power or obligation under another Act or law to disclose information.

(2) This division 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;

(e) the Legal Aid Queensland Act 1997 , sections 75 and 82.

(3) Subject to subsection (2), this division applies to information despite any other law that would otherwise prohibit or restrict the giving of the information.

(4) However, if a person may claim privilege in relation to information under another Act or law, the privilege is not affected only because the information may be, or is, disclosed under this division.

(5) To remove any doubt, it is declared that nothing in this division requires an entity to disclose information.

Example—

A person may decide to withhold information that may be disclosed under this division because the information is subject to legal professional privilege.