sec.52Obtaining information from director of public prosecutions or police commissioner

sec.52 Obtaining information from director of public prosecutions or police commissioner

This section applies if— the commission or a prescribed RCS entity becomes aware that a person has been charged or convicted of an offence involving an act or omission that is the subject of a reportable allegation or reportable conviction; and either— the commission requires information mentioned in subsection (2) to perform a function or exercise a power under chapter 3 in relation to the allegation or conviction; or the prescribed RCS entity requires information mentioned in subsection (2) to comply with a requirement under chapter 3 , part 3 or section 42 to notify or investigate the reportable allegation or reportable conviction. The commission or head of the prescribed RCS entity may, by written notice, ask the director of public prosecutions or police commissioner for the following— a written statement briefly describing the circumstances of a charge or conviction for the offence; a copy or written summary of evidentiary material about the offence; if the entity making the request is the commission—a copy or written summary of a relevant record or transcript; if a charge for the offence was not proceeded with—a written summary of the reasons why the charge was not proceeded with. The request may include the following information— the worker’s name, including any former name or alias, the head of the prescribed RCS entity believes the worker may use or have used; the worker’s gender and date of birth. The director of public prosecutions or police commissioner may comply with a request under subsection (2) if the director or police commissioner believes— for a request made by the commission—the statement, copy or summary is necessary for the performance or exercise of the commission’s functions or powers under chapter 3 ; or for a request made by a prescribed RCS entity—the information is necessary to enable the head of the prescribed RCS entity to notify and investigate a reportable allegation or reportable conviction relating to a worker under chapter 3 , part 3 . However, the director of public prosecutions or police commissioner must not give the commission or head of a prescribed RCS entity a copy or written summary of evidentiary material or a relevant record or transcript— that relates only to a person other than the person about whom the request is made; or a report by an expert about a person other than the person about whom the request is made that relates to a person other than the person about whom the request is made and does not relate to the charge or conviction of the offence the subject of the request. The director of public prosecutions or police commissioner must not give information to the commission or head of a prescribed RCS entity under this section if the director or police commissioner is satisfied that giving the information may do any of the following— prejudice the investigation of a contravention or possible contravention of a law in a particular case; enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; prejudice a prosecution or another matter before a court; endanger a person’s life or physical safety. The giving of information under this section by the director of public prosecutions or police commissioner is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information. See sections 56 and 57 for restrictions on disclosing or giving access to information obtained under this Act. Without limiting subsection (7) , this section applies despite— the Director of Public Prosecutions Act 1984 , section 24A ; or the Police Service Administration Act 1990 , section 10 .1. In this section— evidentiary material , about an offence, means material compiled in the course of the investigation or prosecution of the offence, including, for example, the following— a summary of the circumstances of the alleged offence prepared by a police officer; bench charge sheet, QP9 a witness statement; an indictment; a record of an interview or a transcript of a record of an interview other than a relevant record or transcript; a report by an expert about the worker alleged to have committed the offence. relevant record or transcript means— a recording under the Evidence Act 1977 , section 21AY ; or a section 93A criminal statement or a section 93A transcript under the Evidence Act 1977 , schedule 3 ; or a recorded statement under the Evidence Act 1977 , section 103A , or a transcript of the recorded statement. (sec.52-ssec.1) This section applies if— the commission or a prescribed RCS entity becomes aware that a person has been charged or convicted of an offence involving an act or omission that is the subject of a reportable allegation or reportable conviction; and either— the commission requires information mentioned in subsection (2) to perform a function or exercise a power under chapter 3 in relation to the allegation or conviction; or the prescribed RCS entity requires information mentioned in subsection (2) to comply with a requirement under chapter 3 , part 3 or section 42 to notify or investigate the reportable allegation or reportable conviction. (sec.52-ssec.2) The commission or head of the prescribed RCS entity may, by written notice, ask the director of public prosecutions or police commissioner for the following— a written statement briefly describing the circumstances of a charge or conviction for the offence; a copy or written summary of evidentiary material about the offence; if the entity making the request is the commission—a copy or written summary of a relevant record or transcript; if a charge for the offence was not proceeded with—a written summary of the reasons why the charge was not proceeded with. (sec.52-ssec.3) The request may include the following information— the worker’s name, including any former name or alias, the head of the prescribed RCS entity believes the worker may use or have used; the worker’s gender and date of birth. (sec.52-ssec.4) The director of public prosecutions or police commissioner may comply with a request under subsection (2) if the director or police commissioner believes— for a request made by the commission—the statement, copy or summary is necessary for the performance or exercise of the commission’s functions or powers under chapter 3 ; or for a request made by a prescribed RCS entity—the information is necessary to enable the head of the prescribed RCS entity to notify and investigate a reportable allegation or reportable conviction relating to a worker under chapter 3 , part 3 . (sec.52-ssec.5) However, the director of public prosecutions or police commissioner must not give the commission or head of a prescribed RCS entity a copy or written summary of evidentiary material or a relevant record or transcript— that relates only to a person other than the person about whom the request is made; or a report by an expert about a person other than the person about whom the request is made that relates to a person other than the person about whom the request is made and does not relate to the charge or conviction of the offence the subject of the request. (sec.52-ssec.6) The director of public prosecutions or police commissioner must not give information to the commission or head of a prescribed RCS entity under this section if the director or police commissioner is satisfied that giving the information may do any of the following— prejudice the investigation of a contravention or possible contravention of a law in a particular case; enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; prejudice a prosecution or another matter before a court; endanger a person’s life or physical safety. (sec.52-ssec.7) The giving of information under this section by the director of public prosecutions or police commissioner is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information. See sections 56 and 57 for restrictions on disclosing or giving access to information obtained under this Act. (sec.52-ssec.8) Without limiting subsection (7) , this section applies despite— the Director of Public Prosecutions Act 1984 , section 24A ; or the Police Service Administration Act 1990 , section 10 .1. (sec.52-ssec.9) In this section— evidentiary material , about an offence, means material compiled in the course of the investigation or prosecution of the offence, including, for example, the following— a summary of the circumstances of the alleged offence prepared by a police officer; bench charge sheet, QP9 a witness statement; an indictment; a record of an interview or a transcript of a record of an interview other than a relevant record or transcript; a report by an expert about the worker alleged to have committed the offence. relevant record or transcript means— a recording under the Evidence Act 1977 , section 21AY ; or a section 93A criminal statement or a section 93A transcript under the Evidence Act 1977 , schedule 3 ; or a recorded statement under the Evidence Act 1977 , section 103A , or a transcript of the recorded statement.