Queensland Consolidated Acts

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FAMILY SERVICES ACT 1987 - SECT 28A

28A Confidentiality of information obtained under previous pt 4

(1) This section applies to a person who--

(a) is, or has been, a public service employee in the department or a selection panel member; and
(b) in that capacity acquired information, or gained access to a document, under previous part 4 about someone else's criminal history or about an investigation relating to the possible commission of a serious offence by someone else.

(2) The person must not disclose the information, or give access to the document, to anyone else.

Maximum penalty--100 penalty units or 2 years imprisonment.

(3) Subsection (2) does not apply to the disclosure of information, or giving of access to a document, about a person--

(a) to a public service employee in the department, or a selection panel member, for the purpose of assessing the person's suitability to be, or continue to be, engaged by the department; or
(b) with the person's consent; or
(c) if the disclosure or giving of access is otherwise required under an Act.

(4) In this section--

commencement means the commencement of this section.

conviction includes a finding of guilt by a court, or the acceptance of a plea of guilty by a court, whether or not a conviction is recorded.

criminal history, of a person, means--

(a) every conviction of the person for an offence, in Queensland or elsewhere; and
(b) every charge made against the person for an offence, in Queensland or elsewhere.

engaged by the department means engaged by the department within the meaning of section 14(2) of this Act as in force from time to time before the commencement.

previous part 4 means part 4 of this Act as in force from time to time before the commencement.

selection panel member means a member of a panel formed to make a recommendation to the chief executive about a person's engagement by the department.

serious offence means serious offence as defined under section 2 of this Act as in force from time to time before the commencement.



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