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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Justice and Other Information
Disclosure Bill 2008
Queensland
Justice and Other Information Disclosure
Bill 2008
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Purpose of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Part 2 Disclosure of justice information between criminal justice
agencies
4 What is justice information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 What is a justice purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
6 Making justice information available to criminal justice agencies
for justice purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Part 3 Disclosure of child protection information between child
protection agencies
7 What is child protection information . . . . . . . . . . . . . . . . . . . . . . . 8
8 What is a child protection purpose . . . . . . . . . . . . . . . . . . . . . . . . 8
9 Making child protection information available to child protection
agencies for child protection purpose. . . . . . . . . . . . . . . . . . . . . . 10
Part 4 Disclosure of information to information technology service
provider
10 Sending agency may make information available to information
technology service provider . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Part 5 Relationship with other Acts
11 Use of information permitted despite other Act . . . . . . . . . . . . . . 12
12 Information not to be disclosed under this Act . . . . . . . . . . . . . . . 12
Part 6 Miscellaneous
13 Form of arrangements for giving and receiving information . . . . . 13
14 Disposal of information by receiving agency . . . . . . . . . . . . . . . . 14
15 Misuse of information made available under this Act . . . . . . . . . . 14
16 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Justice and Other Information Disclosure Bill 2008
Contents
17 Sunset provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Part 7 Amendment of other Acts
Division 1 Amendment of Child Protection Act 1999
18 Act amended in div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
19 Amendment of s 7 (Chief executive's functions). . . . . . . . . . . . . . 16
Division 2 Amendment of Constitution of Queensland 2001
20 Act amended in div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
21 Amendment of s 56 (Definitions for ch 4) . . . . . . . . . . . . . . . . . . . 17
Division 3 Amendment of District Court of Queensland Act 1967
22 Act amended in div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
23 Amendment of s 10A (Seniority) . . . . . . . . . . . . . . . . . . . . . . . . . 18
24 Insertion of new pt 2, div 2AA. . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 2AA Judge Administrator
28B Appointment of Judge Administrator . . . . . . . . . . . . . 18
28C Acting Judge Administrator. . . . . . . . . . . . . . . . . . . . . 19
28D Judge Administrator continues to be judge . . . . . . . . 19
28E Judge Administrator continues in office while judge. . 19
28F Functions of Judge Administrator . . . . . . . . . . . . . . . . 19
Schedule Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Page 2
2008
A Bill
for
An Act to facilitate the disclosure of justice information or child
protection information between particular public sector
agencies and to amend particular Acts in relation to the
appointment of a Judge Administrator for the District Court
Justice and Other Information Disclosure Bill 2008
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
1 Short title 3
This Act may be cited as the Justice and Other Information 4
Disclosure Act 2008. 5
2 Dictionary 6
The dictionary in the schedule defines particular words used 7
in this Act. 8
3 Purpose of Act 9
The purpose of this Act is to facilitate the disclosure of justice 10
information or child protection information between 11
particular public sector agencies including in ways that-- 12
(a) help the coordinated management of persons in the 13
criminal justice system or child protection system; and 14
(b) improve collaboration between criminal justice agencies 15
or child protection agencies. 16
Part 2 Disclosure of justice 17
information between criminal 18
justice agencies 19
4 What is justice information 20
(1) Information, about a person in the criminal justice system, is 21
justice information if it is-- 22
Page 4
Justice and Other Information Disclosure Bill 2008
Part 2 Disclosure of justice information between criminal justice agencies
[s 5]
(a) obtained by a criminal justice agency in the performance 1
of the agency's functions under any Act or law or in the 2
performance by a person employed or engaged by the 3
agency of a function under any Act or law; and 4
(b) relevant to a purpose mentioned in section 5. 5
(2) Without limiting subsection (1), justice information includes 6
information about-- 7
(a) the details of a court appearance of the person in a 8
justice proceeding; and 9
(b) a court decision made in a justice proceeding; and 10
(c) when the person is released from, or intended to be 11
released from, a criminal justice facility. 12
5 What is a justice purpose 13
Justice information, about a person in the criminal justice 14
system, is made available by a sending agency to a receiving 15
agency for a justice purpose if the information is made 16
available for any of the following purposes-- 17
(a) to enable the receiving agency to prepare for a justice 18
proceeding relating to the person; 19
(b) to enable the receiving agency to attend, or arrange the 20
attendance of the person or someone else, at a justice 21
proceeding relating to the person; 22
(c) to enable the receiving agency to record and give effect 23
to a court decision made in a justice proceeding relating 24
to the person; 25
(d) to enable the receiving agency to use the criminal 26
history of the person to the extent the receiving agency 27
is authorised to use the criminal history of the person; 28
(e) to enable the receiving agency to conduct information 29
linking in relation to the person; 30
(f) to enable the receiving agency to provide for the safety 31
and welfare of the person, or of someone else, while the 32
person is-- 33
Page 5
Justice and Other Information Disclosure Bill 2008
Part 2 Disclosure of justice information between criminal justice agencies
[s 5]
(i) in the chief executive (corrective services)'s 1
custody within the meaning of the Corrective 2
Services Act 2006, section 7; or 3
(ii) in the commissioner of the police service's custody 4
within the meaning of the Corrective Services Act 5
2006, section 8; or 6
(iii) in the chief executive (juvenile justice)'s custody; 7
or 8
(iv) in the custody of a court; 9
(g) to enable the receiving agency to provide for the 10
effective supervision of the person while the person is-- 11
(i) in the community under the supervision of the 12
chief executive (corrective services); or 13
(ii) subject to a community based order; or 14
(iii) subject to a supervised release order; 15
(h) to enable the receiving agency to record the fact of and 16
manage the release of the person from a criminal justice 17
facility; 18
(i) to enable the receiving agency to provide for, or 19
consider whether it needs to provide for, the safety and 20
welfare of-- 21
(i) someone who is a victim because of an offence 22
committed or allegedly committed by the person; 23
or 24
(ii) a witness of an offence committed or allegedly 25
committed by the person; or 26
(iii) a child associated with the person; or 27
(iv) an individual employed or engaged by the 28
receiving agency who may be in contact with the 29
person; or 30
(v) an individual whose safety or welfare may be at 31
risk because of an association with the person or 32
Page 6
Justice and Other Information Disclosure Bill 2008
Part 2 Disclosure of justice information between criminal justice agencies
[s 6]
someone else mentioned in subparagraph (i), (ii), 1
(iii) or (iv); 2
Example-- 3
· an individual named in a domestic violence order 4
made against the person 5
· an individual who is a neighbour of a victim of the 6
person 7
(j) to enable the receiving agency to conduct person of 8
interest matching; 9
(k) to enable the receiving agency-- 10
(i) to conduct research and statistical analysis of any 11
aspect of the criminal justice system or the 12
relationship between the criminal justice system 13
and the child protection system; and 14
(ii) to use the results of the analysis without revealing 15
or being likely to reveal the identity of the person 16
to whom the information relates; 17
(l) to test whether the technical systems used to make 18
information available under this section are working; 19
(m) a purpose prescribed under a regulation. 20
6 Making justice information available to criminal justice 21
agencies for justice purpose 22
The chief executive of a criminal justice agency (the sending 23
agency) may, under arrangements mentioned in section 13 24
made with the chief executive of another criminal justice 25
agency (the receiving agency), make justice information 26
about a person in the criminal justice system available to the 27
receiving agency for a justice purpose. 28
Page 7
Justice and Other Information Disclosure Bill 2008
Part 3 Disclosure of child protection information between child protection agencies
[s 7]
Part 3 Disclosure of child protection 1
information between child 2
protection agencies 3
7 What is child protection information 4
(1) Information, about a person in the child protection system or a 5
person in the criminal justice system, is child protection 6
information if it is-- 7
(a) obtained by a child protection agency in the 8
performance of the agency's functions under any Act or 9
law or in the performance by a person employed or 10
engaged by the agency of a function under any Act or 11
law; and 12
(b) relevant to a purpose mentioned in section 8. 13
(2) Without limiting subsection (1), child protection information 14
includes information about-- 15
(a) the details of a court appearance of the person in a child 16
protection proceeding or a justice proceeding; and 17
(b) a court decision made in a child protection proceeding 18
or a justice proceeding. 19
8 What is a child protection purpose 20
Child protection information, about a person in the child 21
protection system or a person in the criminal justice system, is 22
made available by a sending agency to a receiving agency for 23
a child protection purpose if the information is made 24
available for any of the following purposes-- 25
(a) to enable the receiving agency to prepare for a child 26
protection proceeding or a justice proceeding relating to 27
the person; 28
(b) to enable the receiving agency to attend, or arrange the 29
attendance of the person or someone else, at a child 30
Page 8
Justice and Other Information Disclosure Bill 2008
Part 3 Disclosure of child protection information between child protection agencies
[s 8]
protection proceeding or a justice proceeding relating to 1
the person; 2
(c) to enable the receiving agency to record and give effect 3
to a court decision made in a child protection 4
proceeding or a justice proceeding relating to the 5
person; 6
(d) to enable the receiving agency to use the criminal 7
history of the person to the extent the receiving agency 8
is authorised to use the criminal history of the person; 9
(e) to enable the receiving agency to conduct information 10
linking in relation to the person; 11
(f) to enable the receiving agency to provide for, or 12
consider whether it needs to provide for, the safety and 13
welfare of-- 14
(i) if the person in the child protection system is a 15
child, the person; or 16
(ii) someone who is a victim because of an offence 17
committed or allegedly committed by the person; 18
or 19
(iii) a witness of an offence committed or allegedly 20
committed by the person; or 21
(iv) a child associated with the person; or 22
(v) an individual employed or engaged by the 23
receiving agency who may be in contact with the 24
person; or 25
(vi) an individual whose safety or welfare may be at 26
risk because of an association with the person or 27
someone else mentioned in subparagraph (i), (ii), 28
(iii), (iv) or (v); 29
Example-- 30
· an individual named in a domestic violence order 31
made against the person 32
· an individual who is a neighbour of a victim of the 33
person 34
Page 9
Justice and Other Information Disclosure Bill 2008
Part 3 Disclosure of child protection information between child protection agencies
[s 9]
(g) to enable the receiving agency to conduct person of 1
interest matching; 2
(h) to enable the receiving agency-- 3
(i) to conduct research and statistical analysis of any 4
aspect of the criminal justice system or the 5
relationship between the criminal justice system 6
and the child protection system; and 7
(ii) to use the results of the analysis without revealing 8
or being likely to reveal the identity of the person 9
to whom the information relates; 10
(i) to test whether the technical systems used to make 11
information available under this section are working; 12
(j) a purpose prescribed under a regulation. 13
9 Making child protection information available to child 14
protection agencies for child protection purpose 15
(1) The chief executive of a child protection agency (the sending 16
agency) may, under arrangements mentioned in section 13 17
made with the chief executive of another child protection 18
agency (the receiving agency), make child protection 19
information about a person in the child protection system or a 20
person in the criminal justice system available to the receiving 21
agency for a child protection purpose. 22
(2) However-- 23
(a) the chief executive (child safety) may under subsection 24
(1) make child protection information about a person in 25
the child protection system or a person in the criminal 26
justice system available to the commissioner of the 27
police service for a child protection purpose mentioned 28
in section 8(e) or (i) only; and 29
(b) the police commissioner may under subsection (1) make 30
child protection information about a person in the child 31
protection system or a person in the criminal justice 32
system available to the chief executive (child safety) for 33
Page 10
Justice and Other Information Disclosure Bill 2008
Part 4 Disclosure of information to information technology service provider
[s 10]
a child protection purpose mentioned in section 8(e) or 1
(i) only. 2
Part 4 Disclosure of information to 3
information technology service 4
provider 5
10 Sending agency may make information available to 6
information technology service provider 7
(1) This section applies to-- 8
(a) a criminal justice agency (the sending agency) that 9
makes criminal justice information available to a 10
receiving agency under section 6; or 11
(b) a child protection agency (also the sending agency) that 12
makes child protection information available to a 13
receiving agency under section 9. 14
(2) The sending agency may make the information available to an 15
information technology service provider-- 16
(a) under arrangements mentioned in section 13 made 17
between the chief executive of the sending agency and 18
the chief executive of the information technology 19
service provider--to enable the provider to transmit the 20
information from the sending agency to the receiving 21
agency; or 22
(b) under arrangements mentioned in section 13 made 23
between the chief executive of the receiving agency and 24
the chief executive of the information technology 25
service provider--to enable the provider to perform an 26
information technology service for the receiving agency. 27
(3) In this section-- 28
information technology service, performed by an information 29
technology service provider for a receiving agency, means an 30
Page 11
Justice and Other Information Disclosure Bill 2008
Part 5 Relationship with other Acts
[s 11]
information technology service that enables or helps the 1
receiving agency to carry out the purpose for which the 2
sending agency makes the information available to the 3
receiving agency. 4
Part 5 Relationship with other Acts 5
11 Use of information permitted despite other Act 6
A person may use information as provided under an 7
arrangement mentioned in section 13 despite any other Act 8
prohibiting the use of the information. 9
12 Information not to be disclosed under this Act 10
Despite sections 6, 9 and 10, this Act does not authorise the 11
disclosure of the following information-- 12
(a) information provided in an application made under the 13
Police Powers and Responsibilities Act 2000, section 14
239, 248, 282, 328, 333, 336 or 343; 15
Editor's note-- 16
· Section 239 deals with an application for an authority to 17
conduct a controlled operation. 18
· Section 248 deals with an application for a variation of an 19
authority to conduct a controlled operation. 20
· Section 282 deals with an application for an authority to 21
acquire or use an assumed identity. 22
· Section 328 deals with an application for the issue of a 23
surveillance device warrant. 24
· Section 333 deals with an application for the extension or 25
variation of a surveillance device warrant. 26
· Section 336 deals with an application for the issue of a 27
retrieval warrant. 28
· Section 343 deals with an application for an emergency 29
authorisation for the use of a surveillance device. 30
Page 12
Justice and Other Information Disclosure Bill 2008
Part 6 Miscellaneous
[s 13]
(b) information mentioned in the Police Powers and 1
Responsibilities Act 2000, section 803(2); 2
Editor's note-- 3
Section 803 deals with the protection of methodologies. 4
(c) information that may lead to the identification of an 5
informer; 6
(d) information that may lead to the identification of a 7
person mentioned in the Child Protection Act 1999, 8
section 186(1) who has notified under that section a 9
suspicion of harm or risk of harm to a child or unborn 10
child; 11
Editor's note-- 12
Section 186 deals with the confidentiality of notifiers of harm or 13
risk of harm to children or unborn children. 14
(e) information that may lead to the identification of a 15
detention centre employee who has reported, under the 16
Juvenile Justice Act 1992, section 268, harm or 17
suspected harm to a child. 18
Editor's note-- 19
Section 268 deals with the obligation of detention centre 20
employees to report harm to children in detention centres. 21
Part 6 Miscellaneous 22
13 Form of arrangements for giving and receiving 23
information 24
(1) A chief executive who makes information available to another 25
chief executive under this Act must enter into a written 26
arrangement by which the information is made available. 27
(2) Without limiting subsection (2), the arrangement may provide 28
for the electronic transfer of information, including on a daily 29
basis. 30
Page 13
Justice and Other Information Disclosure Bill 2008
Part 6 Miscellaneous
[s 14]
(3) The arrangement must state all limitations on the purposes for 1
which the information may be used. 2
14 Disposal of information by receiving agency 3
(1) This section applies to-- 4
(a) a receiving agency to which information is made 5
available under section 6 or 9 (the entity); or 6
(b) an information technology service provider to which 7
information is made available under section 10(2)(b) 8
(also the entity). 9
(2) Despite the Public Records Act 2002, the entity must dispose 10
of the information as soon as practicable if-- 11
(a) the information is not required by the entity for the 12
performance of a function of the entity; and 13
(b) it is reasonably practicable for the entity to dispose of 14
the information. 15
Maximum penalty--50 penalty units. 16
(3) Subsection (2) applies to the extent there is no provision of an 17
Act other than the Public Records Act 2002 that regulates the 18
keeping and disposal of the information by the receiving 19
agency. 20
(4) A disposal of a record under this section is an authorised 21
disposal under the Public Records Act 2002, section 13. 22
15 Misuse of information made available under this Act 23
(1) This section applies in relation to information a person has 24
because it has been made available to a receiving entity under 25
this Act. 26
(2) The person must not use the information for a purpose other 27
than-- 28
(a) the purpose for which the information was made 29
available; or 30
Page 14
Justice and Other Information Disclosure Bill 2008
Part 6 Miscellaneous
[s 16]
(b) a purpose that is authorised or permitted under an Act. 1
Maximum penalty--100 penalty units. 2
(3) Despite subsection (2)(b), if the information is subject to any 3
restriction on use in the hands of the sending agency, the same 4
restriction applies to the information in the hands of the 5
person. 6
(4) Subsection (3) does not apply if, had the receiving entity or 7
the person obtained the information in the performance of the 8
receiving entity's or the person's functions under any Act or 9
law other than this Act, the information would not have been 10
subject to the restriction. 11
16 Protection from liability 12
(1) This section applies if a person, acting honestly, makes 13
information available under arrangements mentioned in 14
section 13. 15
(2) The person is not liable, civilly, criminally or under an 16
administrative process, for making the information available. 17
(3) Also, merely because the person makes the information 18
available, the person can not be held to have-- 19
(a) breached any code of professional etiquette or ethics; or 20
(b) departed from accepted standards of professional 21
conduct. 22
(4) Without limiting subsections (2) and (3)-- 23
(a) in a proceeding for defamation, the person has a defence 24
of absolute privilege for publishing the information; and 25
(b) if the person would otherwise be required to maintain 26
confidentiality about the information under an Act, oath 27
or rule of law or practice, the person-- 28
(i) does not contravene the Act, oath or rule of law or 29
practice by making the information available; and 30
(ii) is not liable to disciplinary action for making the 31
information available. 32
Page 15
Justice and Other Information Disclosure Bill 2008
Part 7 Amendment of other Acts
[s 17]
17 Sunset provision 1
(1) A regulation under section 5(m) or 8(j)-- 2
(a) may only be made within 1 year after the 3
commencement; and 4
(b) unless the regulation sooner expires or is repealed, 5
expires 1 year after the regulation commences. 6
(2) Despite the expiry of a regulation under subsection (1), the 7
regulation continues to apply in relation to matters arising 8
before its expiry. 9
(3) Sections 5(m) and 8(j) expire 2 years after the 10
commencement. 11
(4) In this section-- 12
commencement means the commencement of this section. 13
Part 7 Amendment of other Acts 14
Division 1 Amendment of Child Protection Act 15
1999 16
18 Act amended in div 1 17
This division amends the Child Protection Act 1999. 18
19 Amendment of s 7 (Chief executive's functions) 19
Section 7(1)(r) and (s)-- 20
omit, insert-- 21
`(r) collecting and publishing, or helping to collect and 22
publish, information and statistics about-- 23
(i) harm to children; and 24
Page 16
Justice and Other Information Disclosure Bill 2008
Part 7 Amendment of other Acts
[s 20]
(ii) the life outcomes of children in care; and 1
(iii) the relationship between the criminal justice 2
system and the child protection system; and 3
(s) promoting and conducting research into-- 4
(i) the causes and effects of harm to children; and 5
(ii) the life outcomes of children in care; and 6
(iii) the relationship between the criminal justice 7
system and the child protection system; and'. 8
Division 2 Amendment of Constitution of 9
Queensland 2001 10
20 Act amended in div 2 11
This division amends the Constitution of Queensland 2001. 12
21 Amendment of s 56 (Definitions for ch 4) 13
(1) Section 56, definition office, paragraph (g)-- 14
renumber as paragraph (h). 15
(2) Section 56, definition office-- 16
insert-- 17
`(g) Judge Administrator;'. 18
Division 3 Amendment of District Court of 19
Queensland Act 1967 20
22 Act amended in div 3 21
This division amends the District Court of Queensland Act 22
1967. 23
Page 17
Justice and Other Information Disclosure Bill 2008
Part 7 Amendment of other Acts
[s 23]
23 Amendment of s 10A (Seniority) 1
(1) Section 10A(2) and (3)-- 2
renumber as section 10A(3) and (4). 3
(2) Section 10A-- 4
insert-- 5
`(2) The Judge Administrator is senior to all other judges of the 6
court apart from the Chief Judge.'. 7
(3) Section 10A(3) as renumbered, `other judges'-- 8
omit, insert-- 9
`remaining judges'. 10
(4) Section 10A-- 11
insert-- 12
`(5) In subsections (3) and (4), a reference to a judge includes a 13
judge who has ceased to be the Judge Administrator.'. 14
24 Insertion of new pt 2, div 2AA 15
Part 2, after division 2A-- 16
insert-- 17
`Division 2AA Judge Administrator 18
`28B Appointment of Judge Administrator 19
`(1) The Governor in Council may, by commission, appoint a 20
judge to be Judge Administrator. 21
Editor's note-- 22
See the Constitution of Queensland 2001, section 59 (Appointment of 23
judges) for the oath or affirmation requirement. 24
`(2) The appointment of a Judge Administrator may be for a term, 25
of not less than 5 years, stated in the commission. 26
Page 18
Justice and Other Information Disclosure Bill 2008
Part 7 Amendment of other Acts
[s 24]
`(3) A judge may be appointed Judge Administrator either at the 1
time of the person's appointment as a judge or at any time 2
afterwards. 3
`(4) The Judge Administrator may be reappointed. 4
`28C Acting Judge Administrator 5
`The Governor in Council may, by gazette notice, appoint a 6
judge to act as Judge Administrator during any period, or all 7
periods, when the Judge Administrator is absent from duty or 8
the State, or is, for another reason, unable to perform the 9
duties of office. 10
`28D Judge Administrator continues to be judge 11
`The Judge Administrator continues to be a judge, and may sit 12
as, and exercise any of the powers of, a judge. 13
`28E Judge Administrator continues in office while judge 14
`(1) Subject to subsection (2), the Judge Administrator holds 15
office as Judge Administrator while the person holds office as 16
a judge. 17
`(2) A person who is the Judge Administrator vacates the office-- 18
(a) if the person is appointed as Chief Magistrate, Chief 19
Judge, or a judge of the Supreme Court; or 20
(b) if the person was appointed as Judge Administrator for a 21
stated term--when the term ends. 22
`(3) The Judge Administrator may resign office as Judge 23
Administrator without resigning office as a judge. 24
`28F Functions of Judge Administrator 25
`(1) Subject to section 28A, the Judge Administrator is responsible 26
for the administration of the District Court and for ensuring 27
the orderly and expeditious exercise of the jurisdiction and 28
powers of the District Court. 29
Page 19
Justice and Other Information Disclosure Bill 2008
Part 7 Amendment of other Acts
[s 24]
`(2) The Judge Administrator must consult with the Chief Judge in 1
carrying out the Judge Administrator's functions under 2
subsection (1). 3
`(3) Subject to this Act and other Acts, the Judge Administrator 4
has power to do all things necessary or convenient to be done 5
for the administration of the District Court and for ensuring 6
the orderly and expeditious exercise of the jurisdiction and 7
powers of the District Court including, for example, listing 8
matters for hearing.'. 9
Page 20
Justice and Other Information Disclosure Bill 2008
Schedule
Schedule Dictionary 1
section 2 2
chief executive, of a child protection agency, means either of 3
the following-- 4
(a) the chief executive (child safety); 5
(b) the chief executive of the department within which the 6
Justices Act 1886 is administered; 7
(c) the commissioner of the police service. 8
chief executive, of a criminal justice agency, means any of the 9
following-- 10
(a) the chief executive (corrective services); 11
(b) the chief executive of the department within which the 12
Justices Act 1886 is administered; 13
(c) the chief executive (juvenile justice); 14
(d) the commissioner of the police service. 15
chief executive (child safety) means the chief executive of the 16
department within which the Child Protection Act 1999 is 17
administered. 18
chief executive (juvenile justice) means the chief executive of 19
the department within which the Juvenile Justice Act 1992 is 20
administered. 21
child protection agency means any of the following-- 22
(a) the department within which the Child Protection Act 23
1999 is administered; 24
(b) the department within which the Justices Act 1886 is 25
administered; 26
(c) the police service. 27
child protection information see section 7. 28
Page 21
Justice and Other Information Disclosure Bill 2008
Schedule
child protection proceeding means-- 1
(a) a proceeding on an application for an order under the 2
Child Protection Act 1999; or 3
(b) an appeal on a proceeding mentioned in paragraph (a). 4
child protection purpose see section 8. 5
community based order see the Juvenile Justice Act 1992, 6
schedule 4 and the Penalties and Sentences Act 1992, section 7
4. 8
corrective services facility see the Corrective Services Act 9
2006, schedule 4. 10
court cell means a place attached to or near a court that may 11
be used for detaining a person in the criminal justice system. 12
criminal history, of a person-- 13
(a) means the person's convictions of offences committed in 14
Queensland or elsewhere; and 15
(b) includes information about offences of any kind alleged 16
to have been committed, in Queensland or elsewhere, by 17
the person. 18
criminal justice agency means any of the following-- 19
(a) the department within which the Corrective Services Act 20
2006 is administered; 21
(b) the department within which the Justices Act 1886 is 22
administered; 23
(c) the department within which the Juvenile Justice Act 24
1992 is administered; 25
(d) the police service. 26
criminal justice facility means-- 27
(a) a corrective services facility; or 28
(b) a watch-house; or 29
(c) a holding cell at a police station; or 30
(d) a court cell; or 31
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Justice and Other Information Disclosure Bill 2008
Schedule
(e) a detention centre. 1
criminal proceeding includes-- 2
(a) a proceeding on a charge, whether brought summarily or 3
on indictment, for an offence; and 4
(b) a bail proceeding; and 5
(c) a committal proceeding. 6
detention centre means a detention centre established under 7
the Juvenile Justice Act 1992, section 262. 8
detention centre employee see the Juvenile Justice Act 1992, 9
schedule 4. 10
domestic violence order see the Domestic and Family 11
Violence Protection Act 1989, schedule. 12
effective supervision, of a person, means supervision of the 13
person that provides for community safety, the safety and 14
welfare of the person or crime prevention. 15
function includes power. 16
information linking, conducted by a receiving agency, means 17
using information, including information provided under this 18
Act-- 19
(a) to find out whether a person about whom information is 20
recorded by the receiving agency is the same as a person 21
about whom information is recorded by the sending 22
agency; and 23
(b) to ensure that the details of any information recorded by 24
the receiving agency and the sending agency about the 25
person are accurate and recorded in a way that enables 26
the details recorded by the receiving agency to be 27
accurately matched with the details recorded by the 28
sending agency. 29
information technology service provider means an entity 30
whose functions include electronically transmitting 31
information from a sending agency to a receiving agency. 32
infringement notice means an infringement notice under the 33
State Penalties Enforcement Act 1999, section 15. 34
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Justice and Other Information Disclosure Bill 2008
Schedule
justice information see section 4. 1
justice proceeding, relating to a person, means-- 2
(a) a criminal proceeding in which the person is a 3
defendant; or 4
(b) a proceeding about a complaint made under the Peace 5
and Good Behaviour Act 1982 against the person; or 6
(c) a restraining order proceeding in which the person is a 7
defendant; or 8
(d) a proceeding on an application for a domestic violence 9
order made under the Domestic and Family Violence 10
Protection Act 1989 against the person; or 11
(e) a proceeding on an application made under the 12
Dangerous Prisoners (Sexual Offenders) Act 2003 13
relating to the person; or 14
(f) an appeal on a proceeding mentioned in paragraph (a), 15
(b), (c), (d) or (e). 16
justice purpose see section 5. 17
parent, see the Child Protection Act 1999, section 11. 18
person in the child protection system means-- 19
(a) a child in relation to whom an application has been 20
made for an order under the Child Protection Act 1999; 21
or 22
(b) a child in relation to whom the chief executive has 23
decided to take action under the Child Protection Act 24
1999, chapter 2, part 3B; or 25
(c) a parent of a child mentioned in paragraph (a) or (b); or 26
(d) an adult against whom an allegation of harm or risk of 27
harm to a child has been made. 28
person in the criminal justice system means-- 29
(a) a person for whom a warrant for arrest has been issued 30
under any Act or law; or 31
(b) a person who has been arrested for an offence, whether 32
or not under a warrant; or 33
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Justice and Other Information Disclosure Bill 2008
Schedule
(c) a person who has been charged with an offence; or 1
(d) a person to whom a caution has been administered under 2
the Juvenile Justice Act 1992; or 3
(e) a person who has admitted committing an offence that is
referred to a youth justice conference under the Juvenile 5
4
Justice Act 1992; or 6
(f) a person to whom a police officer has offered an 7
opportunity to attend a drug diversion assessment 8
program under the Police Powers and Responsibilities 9
Act 2000, section 379; or 10
(g) a person who has been served with an infringement 11
notice; or 12
(h) a person in relation to whom an application has been 13
made for a domestic violence order under the Domestic 14
and Family Violence Protection Act 1989; or 15
(i) a person against whom a complaint has been made 16
under the Peace and Good Behaviour Act 1982; or 17
(j) a person in relation to whom an application has been 18
made for an order under the Dangerous Prisoners 19
(Sexual Offenders) Act 2003. 20
person of interest matching, conducted by a receiving 21
agency, means using information, including information 22
provided under this Act, to identify persons in relation to 23
whom the receiving agency may have a function under an Act. 24
receiving agency see sections 6 and 9. 25
receiving entity means a receiving agency or an information 26
technology service provider. 27
restraining order proceeding means a proceeding started 28
under the Criminal Code, section 359F(2). 29
sending agency see sections 6, 9 and 10. 30
supervised release order see the Juvenile Justice Act 1992, 31
schedule 4. 32
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Justice and Other Information Disclosure Bill 2008
Schedule
use, information or the criminal history of a person, includes 1
disclose, give access to, make available, publish or record, the 2
information or the history. 3
© State of Queensland 2008
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