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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Police Service Administration
Amendment Bill 2006
Queensland
Police Service Administration
Amendment Bill 2006
Contents
Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of s 1.4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Amendment of s 5A.20 (Test result evidence generally
inadmissible) ..................................... 4
6 Insertion of new pt 10, div 1 hdg and pt 10, div 1, sdiv 1 hdg . . . 5
7 Amendment of s 10.2 (Authorisation of disclosure) . . . . . . . . . . . 5
8 Insertion of new pt 10, div 1, sdivs 24 and pt 10, div 2 hdg . . . . 5
Subdivision 2 Criminal history disclosure provisions
10.2A Disclosure of criminal history for employment
screening under commercial or other arrangement . . 5
10.2B Disclosure of criminal history for assessing suitability
for diversion program . . . . . . . . . . . . . . . . . . . . . . . . . 6
10.2C Misuse of information obtained under
ss 10.2A10.2B ........................ 7
Subdivision 3 Information disclosure by direct data feed
10.2D Disclosure of information to the media by direct data
feed ................................... 7
Subdivision 4 Other provisions about information disclosure
10.2E Relationship to other laws . . . . . . . . . . . . . . . . . . . . . 8
10.2F Declarations about particular information disclosures 9
2006
A Bill
for
An Act to amend the Police Service Administration Act 1990
s1 4 s5
Police Service Administration Amendment Bill 2006
The Parliament of Queensland enacts-- 1
Clause 1 Short title 2
This Act may be cited as the Police Service Administration 3
Amendment Act 2006. 4
Clause 2 Commencement 5
This Act commences on a day to be fixed by proclamation. 6
Clause 3 Act amended 7
This Act amends the Police Service Administration Act 1990. 8
Clause 4 Amendment of s 1.4 (Definitions) 9
Section 1.4, definition criminal history-- 10
omit, insert-- 11
`criminal history, of a person-- 12
(a) for part 5AA and the schedule-- 13
(i) means the person's convictions in relation to 14
offences committed in Queensland or elsewhere; 15
and 16
(ii) includes information about offences of any kind 17
alleged to have been committed, in Queensland or 18
elsewhere, by the person; or 19
(b) for part 10, division 1--has the meaning given by the 20
Criminal Law (Rehabilitation of Offenders) Act 1986, 21
section 3.'. 22
Clause 5 Amendment of s 5A.20 (Test result evidence generally 23
inadmissible) 24
Section 5A.20(5), from `witness anonymity' to `of that Act'-- 25
omit, insert-- 26
s6 5 s8
Police Service Administration Amendment Bill 2006
`witness identity protection certificate under the Evidence Act 1
1977, section 21F that includes matters mentioned in section 2
21G(1)(h) of that Act'. 3
Clause 6 Insertion of new pt 10, div 1 hdg and pt 10, div 1, sdiv 1 4
hdg 5
Part 10, before section 10.1-- 6
insert-- 7
`Division 1 Provisions about information 8
disclosure 9
`Subdivision 1 Information disclosure generally'. 10
Clause 7 Amendment of s 10.2 (Authorisation of disclosure) 11
Section 10.2(2), from `or 5AA.14(3)'-- 12
omit, insert-- 13
`, 5AA.14(3), 10.2A, 10.2B, 10.2C or 10.2D applies to the 14
information.'. 15
Clause 8 Insertion of new pt 10, div 1, sdivs 24 and pt 10, div 2 16
hdg 17
After section 10.2-- 18
insert-- 19
`Subdivision 2 Criminal history disclosure 20
provisions 21
`10.2A Disclosure of criminal history for employment 22
screening under commercial or other arrangement 23
`(1) This section applies in relation to the disclosure of the 24
criminal history of a person (relevant person) if-- 25
(a) the disclosure is to be made to the CrimTrac Agency or 26
the police force or service of another jurisdiction (each 27
of which is a relevant agency); and 28
s8 6 s8
Police Service Administration Amendment Bill 2006
(b) the purpose of the disclosure is to facilitate the release 1
of the relevant person's criminal history by the relevant 2
agency to someone else under an arrangement; and 3
(c) the arrangement provides for the use of the relevant 4
person's criminal history only for employment 5
screening purposes. 6
`(2) The commissioner may disclose the relevant person's criminal 7
history to the relevant agency as a function of the service. 8
`(3) However, the commissioner may disclose the relevant 9
person's criminal history to the relevant agency only with the 10
person's written consent and only if the commissioner is 11
satisfied the disclosure-- 12
(a) is for a national criminal history check for employment 13
screening purposes under a service provided by the 14
relevant agency; and 15
(b) is, or is likely to be, of benefit to the community or a 16
section of the community. 17
`(4) In this section-- 18
arrangement includes an intergovernmental arrangement and 19
a commercial arrangement. 20
employment includes engagement on a voluntary basis. 21
`10.2B Disclosure of criminal history for assessing suitability 22
for diversion program 23
`(1) This section applies for helping a person (the decision maker) 24
decide whether another person is suitable to take part in a 25
diversion program. 26
`(2) The commissioner may, for the purpose of assessing the 27
person's suitability for the program and with the person's 28
written consent, disclose the person's criminal history to the 29
chief executive officer of the entity responsible for assessing 30
the person's suitability. 31
`(3) The commissioner may disclose the person's criminal history 32
as a function of the service and the relevant chief executive 33
officer may use the information for the purpose of the 34
s8 7 s8
Police Service Administration Amendment Bill 2006
assessment and, if required, in any report given to a decision 1
maker on the person's suitability. 2
`(4) In this section-- 3
diversion program means a government sponsored program 4
for diverting alleged offenders from court proceedings that is 5
prescribed under a regulation under this Act or a regulation 6
under the Bail Act 1980, section 11(4). 7
government sponsored program means a program that is 8
funded, or partly funded, by the State or Commonwealth 9
government or is otherwise endorsed by the State government. 10
`10.2C Misuse of information obtained under 11
ss 10.2A10.2B 12
`(1) This section applies in relation to a disclosure of information 13
made to a person under section 10.2A or 10.2B (a relevant 14
disclosure). 15
`(2) A person to whom a relevant disclosure is made must not-- 16
(a) use the information for a purpose other than the purpose 17
for which the information is disclosed; or 18
(b) disclose the information to someone other than the 19
person to whom the information relates without that 20
person's written consent. 21
Maximum penalty--100 penalty units. 22
`Subdivision 3 Information disclosure by direct 23
data feed 24
`10.2D Disclosure of information to the media by direct data 25
feed 26
`(1) This section applies in relation to information about particular 27
incidents involving a response by an officer or officers as part 28
of operational activities of the service. 29
`(2) However, this section applies to the information only if-- 30
s8 8 s8
Police Service Administration Amendment Bill 2006
(a) the commissioner is satisfied disclosing the information 1
while officers are responding to the incident or soon 2
after the response will not adversely affect operational 3
activities undertaken as part of the response; and 4
(b) the commissioner considers it is appropriate to disclose 5
the information to electronic or print media 6
organisations (the media) or a section of the media by 7
direct data feed. 8
`(3) The commissioner may, as a function of the service, disclose 9
the information to the media by direct data feed, on the 10
conditions and subject to the restrictions the commissioner 11
considers appropriate. 12
`(4) Without limiting subsection (3), the restrictions the 13
commissioner may impose on the disclosure of the 14
information include restrictions about the nature of the 15
information that is to be disclosed and when it is to be 16
disclosed. 17
`(5) The commissioner discloses the information by direct data 18
feed by giving the media organisation electronic access to 19
operational information about the police service. 20
`Subdivision 4 Other provisions about information 21
disclosure 22
`10.2E Relationship to other laws 23
`To remove any doubt, it is declared that this division is 24
subject to any other Act that-- 25
(a) requires or permits the commissioner to disclose 26
information in the possession of the service about a 27
person; or 28
(b) prevents or restricts the commissioner from disclosing 29
information in the possession of the service about a 30
person. 31
s8 9 s8
Police Service Administration Amendment Bill 2006
`10.2F Declarations about particular information disclosures 1
`(1) This section applies to a disclosure, made by the 2
commissioner before the commencement of this section, of 3
information of a kind mentioned in section 10.2, 10.2A or 4
10.2D in the circumstances mentioned in the section. 5
`(2) The disclosure is and always was, lawfully made. 6
`Division 2 Other miscellaneous provisions'. 7
© State of Queensland 2006
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