Justice and Other Information Disclosure Act 2008 (Qld)

Justice and Other Information Disclosure Act 2008

An Act to facilitate the disclosure of justice information, treatment order information or child protection information between particular public sector agencies or by particular entities

Part 1 Preliminary

1 Short title This Act may be cited as the Justice and Other Information Disclosure Act 2008.

2 Dictionary The dictionary in the schedule defines particular words used in this Act.

3 Purpose of Act The purpose of this Act is to facilitate the disclosure of justice information, treatment order information or child protection information between particular public sector agencies or by particular entities, including in ways that— (a) help the coordinated management of persons in the criminal justice system or child protection system; and (b) improve collaboration between criminal justice agencies, treatment order agencies or child protection agencies.

Part 2 Disclosure of justice information between criminal justice agencies

4 What is justice information (1) Information, about a person in the criminal justice system, is justice information if it is— (a) obtained by a criminal justice agency in the performance of the agency's functions under any Act or law or in the performance by a person employed or engaged by the agency of a function under any Act or law; and (b) relevant to a purpose mentioned in section 5. (2) Without limiting subsection (1), justice information includes information about— (a) the details of a court appearance of the person in a justice proceeding; and (b) a court decision made in a justice proceeding; and (c) when the person is released from, or intended to be released from, a criminal justice facility.

5 What is a justice purpose Justice information, about a person in the criminal justice system, is made available by a sending agency to a receiving agency for a justice purpose if the information is made available for any of the following purposes— (a) to enable the receiving agency to prepare for a justice proceeding relating to the person; (b) to enable the receiving agency to attend, or arrange the attendance of the person or someone else, at a justice proceeding relating to the person; (c) to enable the receiving agency to record and give effect to a court decision made in a justice proceeding relating to the person; (d) to enable the receiving agency to use the criminal history of the person to the extent the receiving agency is authorised to use the criminal history of the person; (e) to enable the receiving agency to conduct information linking in relation to the person; (f) to enable the receiving agency to provide for the safety and welfare of the person, or of someone else, while the person is— (i) in the chief executive (corrective services)'s custody within the meaning of the Corrective Services Act 2006, section 7; or (ii) in the commissioner of the police service's custody within the meaning of the Corrective Services Act 2006, section 8; or (iii) in the chief executive (youth justice)'s custody; or (iv) in the custody of a court; (g) to enable the receiving agency to provide for the effective supervision of the person while the person is— (i) in the community under the supervision of the chief executive (corrective services); or (ii) subject to a community based order; or (iii) subject to a supervised release order; (h) to enable the receiving agency to record the fact of and manage the release of the person from a criminal justice facility; (i) to enable the receiving agency to provide for, or consider whether it needs to provide for, the safety and welfare of— (i) someone who is a victim because of an offence committed or allegedly committed by the person; or (ii) a witness of an offence committed or allegedly committed by the person; or (iii) a child associated with the person; or (iv) an individual employed or engaged by the receiving agency who may be in contact with the person; or (v) an individual whose safety or welfare may be at risk because of an association with the person or someone else mentioned in subparagraph (i), (ii), (iii) or (iv); Example— • an individual named in a domestic violence order made against the person • an individual who is a neighbour of a victim of the person (j) to enable the receiving agency to conduct person of interest matching; (k) to enable the receiving agency— (i) to conduct research and statistical analysis of any aspect of the criminal justice system or the relationship between the criminal justice system and the child protection system; and (ii) to use the results of the analysis without revealing or being likely to reveal the identity of the person to whom the information relates; (l) to test whether the technical systems used to make information available under this section are working.