Police Service Administration and Other Legislation Amendment Act 2008 (Qld)

Queensland Police Service Administration and Other Legislation Amendment Act 2008 Act No. 49 of 2008

Queensland Police Service Administration and Other Legislation Amendment Act 2008 Contents Part 1 1 2 Part 2 3 4 5 6 7 8 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of Police Service Administration Act 1990 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of s 1.4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of s 5AA.9 (Commissioner may request information from other authorities) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Amendment of s 5AA.11 (Assessment of suitability) . . . . . . . . . . 6 Amendment of s 10.2A (Disclosure of criminal history for employment screening under commercial or other arrangement) 6 Insertion of new pt 10, div 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Division 1A Provisions about exchange of policing information Subdivision 1 Preliminary 10.2G Definitions for div 1A. . . . . . . . . . . . . . . . . . . . . . . . . . 7 10.2H Meaning of CrimTrac . . . . . . . . . . . . . . . . . . . . . . . . . 9 Subdivision 2 Giving of policing information 10.2I Giving information to an IPSP to enable use of approved information by police services and law enforcement agencies for particular purposes . . . . . . 9 10.2J Giving approved information to police services and law enforcement agencies to enable use of approved information for particular purposes. . . . . . . . . . . . . . . 10 10.2K Giving information to Queensland Transport to enable Queensland Transport to administer MINDA . . . . . . . 10 10.2L Giving information to approved agencies to enable use of information for particular purposes. . . . . . . . . . . . . 10 10.2M Commissioner may impose conditions . . . . . . . . . . . . 11

Police Service Administration and Other Legislation Amendment Act 2008 Contents 9 10 11 Part 3 12 13 14 Subdivison 3 Relationship with other provisions 10.2N Use of information permitted despite other provisions 10.2O Condition imposed under another Act may apply. . . . Subdivision 4 General 10.2P Misuse of information given under this division . . . . . 10.2Q Extra-territorial application of offence provision . . . . . 10.2R Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . Replacement of pt 11, hdg (Transitional provisions). . . . . . . . . . . Insertion of new pt 11, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 3 Declaratory provision for Police Service Administration and Other Legislation Amendment Act 2008 11.6 Amendment of regulation by Police Service Administration and Other Legislation Amendment Act 2008 does not affect powers of Governor in Council . Amendment of schedule (Relevant information) . . . . . . . . . . . . . Amendment of Police Service Administration Regulation 1990 Regulation amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new pt 7D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 7D Provisions about exchange of policing information 7C.2 Law enforcement agencies—Act, s 10.2G . . . . . . . . . 7C.3 Approved information—Act, s 10.2G . . . . . . . . . . . . . Insertion of new schedule. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schedule Approved information 11 11 12 13 13 14 14 14 15 18 18 19 19 19 Page 2 2008 Act No. 49

Queensland Police Service Administration and Other Legislation Amendment Act 2008 Act No. 49 of 2008 An Act to facilitate the exchange of policing information between the Queensland Police Service and the police forces or services of the Commonwealth and other States, and particular Queensland and Commonwealth public sector agencies [Assented to 19 September 2008]

Police Service Administration and Other Legislation Amendment Act 2008 Part 1 Preliminary [s 1] The Parliament of Queensland enacts— Part 1 Preliminary 1 Short title This Act may be cited as the Police Service Administration and Other Legislation Amendment Act 2008 . 2 Commencement This Act commences on 6 October 2008. Part 2 Amendment of Police Service Administration Act 1990 3 Act amended in pt 2 This part amends the Police Service Administration Act 1990 . 4 Amendment of s 1.4 (Definitions) (1) Section 1.4, definitions CrimTrac Agency and declared law enforcement agency — omit . (2) Section 1.4— insert — ‘ approved agency , for part 10, division 1A, see section 10.2G. approved information , for part 10, division 1A, see section 10.2G. Page 4 2008 Act No. 49

Police Service Administration and Other Legislation Amendment Act 2008 Part 2 Amendment of Police Service Administration Act 1990 [s 4] condition , for part 10, division 1A, see section 10.2G. CrimTrac see section 10.2H. declared agency see the PolicePowersandResponsibilitiesAct 2000 , schedule 6. end user , for part 10, division 1A, see section 10.2G. head , for part 10, division 1A, see section10.2G. IPSP , for part 10, division 1A, see section 10.2G. law enforcement agency , for part 10, division 1A, see section 10.2G. law enforcement purpose , for part 10, division 1A, see section 10.2G. member , for part 10, division 1A, see section10.2G. MINDA , for part 10, division 1A, see section 10.2G. policing purpose , for part 10, division 1A, see section 10.2G. Queensland Transpor t means the department in which the TransportOperations(RoadUseManagement)Act1995 is administered. use , for part 10, division 1A, see section10.2G.’. (3) Section 1.4, definition criminal history — insert— ‘(c) for part 10, division 1A— (i) means the person’s convictions in relation to offences committed in Queensland or elsewhere; and (ii) includes information about— (A) offences of any kind alleged to have been committed, in Queensland or elsewhere, by the person; and (B) cautions administered to the person under the Juvenile Justice Act 1992 , part 2, division 2; and 2008 Act No. 49 Page 5

Police Service Administration and Other Legislation Amendment Act 2008 Part 2 Amendment of Police Service Administration Act 1990 [s 5] (C) referrals of offences to conferences under the Juvenile Justice Act 1992 , part 2, division 3 or part 7, division 2.’. (4) Section 1.4, definition QPS database , ‘, for the schedule,’— omit . 5 Amendment of s 5AA.9 (Commissioner may request information from other authorities) Section 5AA.9(3), ‘declared law enforcement agency’— omit, insert — ‘declared agency’. 6 Amendment of s 5AA.11 (Assessment of suitability) Section 5AA.11(2)(b), ‘declared law enforcement agency’— omit, insert — ‘declared agency’. 7 Amendment of s 10.2A (Disclosure of criminal history for employment screening under commercial or other arrangement) Section 10.2A(1)(a), ‘the CrimTrac Agency’— omit, insert — ‘CrimTrac’. 8 Insertion of new pt 10, div 1A Part 10, after division 1— insert — Page 6 2008 Act No. 49

Police Service Administration and Other Legislation Amendment Act 2008 Part 2 Amendment of Police Service Administration Act 1990 [s 8] ‘Division 1A Provisions about exchange of policing information ‘Subdivision 1 Preliminary ‘10.2G Definitions for div 1A ‘In this division— approved agency means an entity established under the law of the Commonwealth or a State prescribed under a regulation as an approved agency. approved information means information in a QPS database of a kind that is prescribed under a regulation. condition includes prohibition or restriction. end user means the following entities— (a) an approved agency; (b) a law enforcement agency; (c) a police force or service of the Commonwealth or another State. head , of an entity, means— (a) for an approved agency or a law enforcement agency—the chief executive officer of the agency; or (b) for an IPSP—the chief executive officer of the IPSP; or (c) for a police force or service of the Commonwealth or another State—the commissioner of the police force or service; or (d) for Queensland Transport—the chief executive of Queensland Transport; or (e) for any other entity established under the law of the Commonwealth or a State—the chief executive officer of the entity. IPSP means— 2008 Act No. 49 Page 7

Police Service Administration and Other Legislation Amendment Act 2008 Part 2 Amendment of Police Service Administration Act 1990 [s 8] (a) CrimTrac; or (b) an entity established under the law of the Commonwealth or a State prescribed under a regulation as an information processing service provider. law enforcement agency means an entity established under the law of the Commonwealth or a State prescribed under a regulation as a law enforcement agency. law enforcement purpose , in relation to the use of information by an approved agency or law enforcement agency, means a purpose for which the agency is authorised to use the information under a law of the Commonwealth or a State. member , of an entity, includes a person employed or engaged by the entity. MINDA means the system administered by Queensland Transport that is known as the Mobile Integrated Network Data Access system. policing purpose , in relation to the use of information by a police force or service of the Commonwealth or another State, means a purpose substantially similar to a purpose for which the Queensland Police Service is authorised to use the information under an Act. use , in relation to information, includes the following— (a) disclose; (b) give; (c) give access to; (d) make available; (e) publish; (f) record. Page 8 2008 Act No. 49

Police Service Administration and Other Legislation Amendment Act 2008 Part 2 Amendment of Police Service Administration Act 1990 [s 8] ‘10.2H Meaning of CrimTrac ‘(1) CrimTrac means the executive agency established under the Public Service Act 1999 (Cwlth), section 65 to which the Governor-General has allocated the name CrimTrac Agency. ‘(2) A reference to CrimTrac includes— (a) if the Governor-General allocates a different name to the CrimTrac Agency under the Public Service Act 1999 (Cwlth), section 65—that agency; and (b) if the CrimTrac Agency or another agency mentioned in paragraph (a) is replaced by another agency that performs functions substantially similar to the functions of the agency mentioned in subsection (1)—that agency. ‘Subdivision 2 Giving of policing information ‘10.2I Giving information to an IPSP to enable use of approved information by police services and law enforcement agencies for particular purposes ‘(1) The commissioner may give to the head of an IPSP all or any information in a QPS database for inclusion in a database administered by the IPSP for the purpose of the IPSP giving approved information to— (a) the head of a police force or service of the Commonwealth or another State to enable the police force or service to use the approved information for a policing purpose; or (b) the head of a law enforcement agency to enable the law enforcement agency to use the approved information for a law enforcement purpose. ‘(2) To remove any doubt, it is declared that this section does not limit section 10.2J. 2008 Act No. 49 Page 9

Police Service Administration and Other Legislation Amendment Act 2008 Part 2 Amendment of Police Service Administration Act 1990 [s 8] ‘10.2J Giving approved information to police services and law enforcement agencies to enable use of approved information for particular purposes ‘The commissioner may give approved information in a QPS database to— (a) the head of a police force or service of the Commonwealth or another State to enable the police force or service to use the approved information for a policing purpose; or (b) the head of a law enforcement agency to enable the law enforcement agency to use the approved information for a law enforcement purpose. ‘10.2K Giving information to Queensland Transport to enable Queensland Transport to administer MINDA ‘The commissioner may give the head of Queensland Transport all or any information in a QPS database to enable Queensland Transport to administer MINDA for the Queensland Police Service. ‘10.2L Giving information to approved agencies to enable use of information for particular purposes ‘(1) The commissioner may give the head of an approved agency all or any information in a QPS database to enable the approved agency to use the information for a law enforcement purpose. ‘(2) Without limiting subsection (1), the commissioner may give the information to the head of the approved agency by allowing an authorised member of the approved agency to have direct access to a QPS database. ‘(3) In this section— authorised member , of an approved agency, means a member of the approved agency authorised in writing by the commissioner to have direct access to a QPS database. Page 10 2008 Act No. 49

Police Service Administration and Other Legislation Amendment Act 2008 Part 2 Amendment of Police Service Administration Act 1990 [s 8] ‘10.2M Commissioner may impose conditions ‘The commissioner may give information to the head of an entity under this subdivision on the conditions the commissioner considers appropriate. ‘Subdivison 3 Relationship with other provisions ‘10.2N Use of information permitted despite other provisions ‘(1) Information may be given to the head of an entity by the commissioner or an IPSP as mentioned in subdivision 2 despite a prescribed provision. ‘(2) Despite a prescribed provision— (a) the police force or service of the Commonwealth or another State may use, for a policing purpose, information given to the commissioner of the police force or service by the commissioner or an IPSP as mentioned in subdivision 2; and (b) the law enforcement agency or an approved agency may use, for a law enforcement purpose, information given to the chief executive officer of the agency by the commissioner or an IPSP as mentioned in subdivision 2. ‘(3) In this section— prescribed provision means— (a) part 5A; or (b) part 5AA; or (c) part 10, division 1; or (d) any other Act imposing a condition on the use of information. ‘10.2O Condition imposed under another Act may apply ‘(1) This section applies in relation to information a member of an end user has because it has been given to the head of the end 2008 Act No. 49 Page 11

Police Service Administration and Other Legislation Amendment Act 2008 Part 2 Amendment of Police Service Administration Act 1990 [s 8] user by the commissioner or an IPSP as mentioned in subdivision 2. ‘(2) If the information is subject to a condition on use imposed under another Act when in the possession of the Queensland Police Service, the same condition or a condition of the same kind applies to the information when in the possession of the member. Examples of conditions on use imposed under another Act — • Juvenile Justice Act , section 289 (Recording, use or disclosure for authorised purpose) • JuvenileJusticeAct , section 295 (Disclosure by police of information about cautions and youth justice conferences and agreements) • CriminalLaw(RehabilitationofOffenders)Act1986 , section 6 (Non-disclosure of convictions upon expiration of rehabilitation period) • CriminalLaw(RehabilitationofOffenders)Act1986 , section 7 (Section 6 not applicable in certain cases) ‘Subdivision 4 General ‘10.2P Misuse of information given under this division ‘(1) This section applies in relation to information a member of an entity has because it has been given to the head of the entity by the commissioner or an IPSP as mentioned in subdivision 2. ‘(2) The member must not use the information— (a) for a purpose other than— (i) the purpose mentioned in subdivision 2 for which the information has been given to the head of the entity by the commissioner or the IPSP; or (ii) a purpose that is authorised or permitted under an Act; or Page 12 2008 Act No. 49

Police Service Administration and Other Legislation Amendment Act 2008 Part 2 Amendment of Police Service Administration Act 1990 [s 8] Note — See the ActsInterpretationAct1954 , section 6 (References to Act ). (b) in contravention of a condition, if any, imposed by the commissioner under section 10.2M. Maximum penalty—100 penalty units. ‘(3) Also, if the member has the information because it has been given to the head of an end user by the commissioner or an IPSP as mentioned in subdivision 2, the member must not use the information in contravention of a condition mentioned in section 10.2O(2). Maximum penalty—100 penalty units. ‘10.2Q Extra-territorial application of offence provision ‘A person commits an offence against section 10.2P(2) or (3) even if the person uses the information mentioned in section 10.2P(1) outside the State. ‘10.2R Protection from liability ‘(1) This section applies if a person, acting honestly and without negligence, gives information under this division. ‘(2) The person is not liable, civilly, criminally or under an administrative process, for giving the information. ‘(3) Also, merely because the person gives the information, the person can not be held to have— (a) breached any code of professional etiquette or ethics; or (b) departed from accepted standards of professional conduct. ‘(4) Without limiting subsections (2) and (3)— (a) in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and 2008 Act No. 49 Page 13

Police Service Administration and Other Legislation Amendment Act 2008 Part 2 Amendment of Police Service Administration Act 1990 [s 9] (b) if the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person— (i) does not contravene the Act, oath or rule of law or practice by giving the information; and (ii) is not liable to disciplinary action for giving the information.’. 9 Replacement of pt 11, hdg (Transitional provisions) Part 11, heading— omit, insert— ‘Part 11 Transitional and declaratory provisions’. 10 Insertion of new pt 11, div 3 Part 11— insert — ‘Division 3 Declaratory provision for Police Service Administration and Other Legislation Amendment Act 2008 ‘11.6 Amendment of regulation by Police Service Administration and Other Legislation Amendment Act 2008 does not affect powers of Governor in Council ‘The amendment of the Police Service Administration Regulation 1990 by the Police Service Administration and Other Legislation Amendment Act 2008 does not affect the power of the Governor in Council to further amend the regulation or to repeal it.’. Page 14 2008 Act No. 49

Police Service Administration and Other Legislation Amendment Act 2008 Part 2 Amendment of Police Service Administration Act 1990 [s 11] 11 Amendment of schedule (Relevant information) (1) Schedule, entry for information about police officers, recruits and applicants to become police officers or recruits, item 1, ‘the CrimTrac Agency’— omit, insert — ‘CrimTrac’. (2) Schedule, entry for information about police officers, recruits and applicants to become police officers or recruits, items 2 to 4— omit, insert — ‘2 Information in a QPS database or other database kept by the commissioner about— • the person’s criminal history • the person’s traffic history • warrants issued in relation to the person • cautions or warnings administered or given to the person • whether the person is a person of interest in Queensland or interstate because, for example, the person is a suspect, an offender, a missing person, a victim or a witness • address checks for the person • the person’s driver licence details • any incidents, including traffic crash occurrences, involving the person • any offences involving the person • any complaints involving the person • the person’s domestic violence history • the person’s drug history • the person’s arrest history • charges laid against the person 2008 Act No. 49 Page 15

Police Service Administration and Other Legislation Amendment Act 2008 Part 2 Amendment of Police Service Administration Act 1990 [s 11] • any detention of the person in custody • any prosecutions started against the person. 3 Information in a database kept by the chief executive of Queensland Transport about— • the person’s traffic history • the person’s driver licence details.’. (3) Schedule, entry for information about police officers, recruits and applicants to become police officers or recruits, item 5, ‘the CrimTrac Agency’— omit, insert — ‘CrimTrac’. (4) Schedule, entry for information about police officers, recruits and applicants to become police officers or recruits, items 5 to 13— renumber as items 4 to 12. (5) Schedule, entry for information about staff members, applicants to become staff members, volunteers and students on work experience, item 1, ‘the CrimTrac Agency’— omit, insert — ‘CrimTrac’. (6) Schedule, entry for information about staff members, applicants to become staff members, volunteers and students on work experience, items 2 and 3— omit, insert — ‘2 Information in a QPS database or other database kept by the commissioner about— • the person’s criminal history • if the person is nominated for appointment to a position that involves significant driving duties—the person’s Queensland traffic history • warrants issued in relation to the person Page 16 2008 Act No. 49

Police Service Administration and Other Legislation Amendment Act 2008 Part 2 Amendment of Police Service Administration Act 1990 [s 11] • cautions or warnings administered or given to the person • whether the person is a person of interest in Queensland or interstate because, for example, the person is a suspect, an offender, a missing person, a victim or a witness • charges laid against the person in Queensland • whether the person is wanted for questioning • any known alias of the person. 3 Information about the person’s Queensland traffic history in a database kept by the chief executive of Queensland Transport if the person is nominated for appointment to a position that involves significant driving duties.’. (7) Schedule, entry for information about staff members, applicants to become staff members, volunteers and students on work experience, item 4, ‘declared law enforcement agency’— omit, insert — ‘declared agency’. (8) Schedule, entry for information about staff members, applicants to become staff members, volunteers and students on work experience, item 8, from ‘system’— omit, insert— ‘records kept as part of the database known as QPRIME.’. (9) Schedule, entry for persons performing, or seeking to perform functions, for the service under a contract for services, item 1, ‘the CrimTrac Agency’— omit, insert — ‘CrimTrac’. (10) Schedule, entry for persons performing, or seeking to perform functions, for the service under a contract for services, items 2 and 3— omit, insert— 2008 Act No. 49 Page 17

Police Service Administration and Other Legislation Amendment Act 2008 Part 3 Amendment of Police Service Administration Regulation 1990 [s 12] ‘2 Information in a QPS database or other database kept by the commissioner about— • the person’s Queensland criminal history • the person’s traffic history • warrants issued in relation to the person • cautions or warnings administered or given to the person • whether the person is a person of interest in Queensland or interstate because, for example, the person is a suspect, an offender, a missing person, a victim or a witness • whether the person is wanted for questioning • any known alias of the person. 3 Information about the person’s traffic history kept by the chief executive of Queensland Transport.’. Part 3 Amendment of Police Service Administration Regulation 1990 12 Regulation amended in pt 3 This part amends the Police Service Administration Regulation 1990 . 13 Insertion of new pt 7D After part 7C— insert — Page 18 2008 Act No. 49

Police Service Administration and Other Legislation Amendment Act 2008 Part 3 Amendment of Police Service Administration Regulation 1990 [s 14] ‘Part 7D Provisions about exchange of policing information ‘7C.2 Law enforcement agencies—Act, s 10.2G ‘For section 10.2G of the Act, definition law enforcement agency , each of the following entities is a law enforcement agency— (a) the Crime and Misconduct Commission; (b) the Australian Crime Commission; (c) the Australian Security Intelligence Organisation; (d) the Australian Customs Service. ‘7C.3 Approved information—Act, s 10.2G ‘For section 10.2G of the Act, definition approved information , the approved information in a QPS database is the information stated in the schedule.’. 14 Insertion of new schedule After part 8— insert — ‘Schedule Approved information section 7C.3 1 In relation to a person— • name • alias • date of birth • gender 2008 Act No. 49 Page 19

Police Service Administration and Other Legislation Amendment Act 2008 Part 3 Amendment of Police Service Administration Regulation 1990 [s 14] • residential or other address • drivers licence number • physical or racial description • whether the person is an Aboriginal or Torres Strait Islander • distinguishing features, including, for example, tattoos and scars • criminal history • whether a warrant has been issued in relation to the person and the details of the warrant • whether the person is or has been a person of interest in Queensland or interstate and the details of why the person is or has been a person of interest • whether a domestic violence order has been made against the person and the details of the order • whether the person’s name has been entered on the child protection register • whether a warning, including, for example, a warning about the health or behaviour of the person has been recorded in a document in the possession of the Queensland Police Service and the details of the warning • whether the person has been granted bail and any conditions of the bail • whether the person has held a licence for, or possessed, a weapon and the details of the licence or possession • whether the person is or has been an escapee and the details relating to the escape • whether the person is or has been a missing person • whether a DNA sample has been provided by the person • a fingerprint identification number Page 20 2008 Act No. 49

Police Service Administration and Other Legislation Amendment Act 2008 Part 3 Amendment of Police Service Administration Regulation 1990 [s 14] • a jurisdictional reference number recorded in a QPS database for the person • a photograph of the person • deceased date. 2 In relation to a matter or thing— • the details of an unidentified person report • the details of an unidentified body report.’. © State of Queensland 2008 2008 Act No. 49 Page 21