QLDIn ForceAct
Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984
sec.21Investigations about suitability of community justice group members
Start here
Get a plain-English read of sec.21
Turn the raw legal text into a practical explanation grounded in Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984.
### sec.21 Investigations about suitability of community justice group members
The chief executive may make inquiries to decide whether a person is suitable for appointment as, or to continue as, a member of a community justice group.
Without limiting subsection (1) , the chief executive may ask the commissioner of the police service for the following information—
a written report about the person’s criminal history;
a brief description of the circumstances of any conviction mentioned in the criminal history.
The commissioner of the police service must comply with a request under subsection (2) .
However, the chief executive may make a request about a person under subsection (2) only if the person has given the chief executive written consent for the request.
If the person does not give the written consent to the chief executive, it is taken that the person is not suitable for appointment as, or to continue as, a member of a community justice group.
The duty imposed on the commissioner of the police service to comply with the request applies only to information in the commissioner’s possession or to which the commissioner has access.
The chief executive must ensure information given to the chief executive under subsection (3) is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.
The chief executive must give the person a copy of information given to the chief executive under subsection (3) .
The chief executive may delegate the chief executive’s powers under this section to an appropriately qualified public service officer.
In this section—
criminal history , of a person, means the person’s criminal history as defined under the Criminal Law (Rehabilitation of Offenders) Act 1986 , other than for a spent conviction.
s 21 orig s 21 om 1999 No. 53 s 35 sch
prev s 21 ins 1999 No. 53 s 6
om 2004 No. 37 s 86 sch 1
pres s 21 ins 2002 No. 46 s 10
sub 2007 No. 59 s 21
amd 2023 No. 23 s 247 sch 1 s 4
(sec.21-ssec.1) The chief executive may make inquiries to decide whether a person is suitable for appointment as, or to continue as, a member of a community justice group.
(sec.21-ssec.2) Without limiting subsection (1) , the chief executive may ask the commissioner of the police service for the following information— a written report about the person’s criminal history; a brief description of the circumstances of any conviction mentioned in the criminal history.
(sec.21-ssec.3) The commissioner of the police service must comply with a request under subsection (2) .
(sec.21-ssec.4) However, the chief executive may make a request about a person under subsection (2) only if the person has given the chief executive written consent for the request.
(sec.21-ssec.5) If the person does not give the written consent to the chief executive, it is taken that the person is not suitable for appointment as, or to continue as, a member of a community justice group.
(sec.21-ssec.6) The duty imposed on the commissioner of the police service to comply with the request applies only to information in the commissioner’s possession or to which the commissioner has access.
(sec.21-ssec.7) The chief executive must ensure information given to the chief executive under subsection (3) is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.
(sec.21-ssec.8) The chief executive must give the person a copy of information given to the chief executive under subsection (3) .
(sec.21-ssec.9) The chief executive may delegate the chief executive’s powers under this section to an appropriately qualified public service officer.
(sec.21-ssec.10) In this section— criminal history , of a person, means the person’s criminal history as defined under the Criminal Law (Rehabilitation of Offenders) Act 1986 , other than for a spent conviction.
- (a) a written report about the person’s criminal history;
- (b) a brief description of the circumstances of any conviction mentioned in the criminal history.