Community Services Act 2007
sec.91Confidentiality of information about criminal history and related information
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sec.91 Confidentiality of information about criminal history and related information
This section applies to a person who— is, or has been, the chief executive, a public service employee, or a selection panel member; and in that capacity acquired information, or gained access to a document, under previous part 10 about another person’s criminal history or about an investigation relating to the possible commission of a serious offence by another person. 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. Subsection (2) does not apply to the disclosure of information, or giving of access to a document, about a person— to the chief executive, a public service employee or selection panel member for the purpose of assessing the person’s suitability to be, or continue to be, engaged by the department; or if the person is an adult—with the person’s consent; or if the disclosure or giving of access is otherwise required under an Act. In this section— criminal history , of a person, means— every conviction of the person for an offence, in Queensland or elsewhere, and whether before or after the commencement of this Act; and every charge made against the person for an offence, in Queensland or elsewhere, and whether before or after the commencement of this Act. engaged by the department means engaged by the department within the meaning of section 100 of this Act as in force from time to time before the commencement of this definition. previous part 10 means part 10 of this Act as in force from time to time before the commencement of this definition. 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 an offence that was a serious offence under section 103 of this Act as in force from time to time before the commencement of this definition. s 91 amd 2010 No. 5 ss 74 , 80 (3) (reloc def from sch 4 ) (sec.91-ssec.1) This section applies to a person who— is, or has been, the chief executive, a public service employee, or a selection panel member; and in that capacity acquired information, or gained access to a document, under previous part 10 about another person’s criminal history or about an investigation relating to the possible commission of a serious offence by another person. (sec.91-ssec.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. (sec.91-ssec.3) Subsection (2) does not apply to the disclosure of information, or giving of access to a document, about a person— to the chief executive, a public service employee or selection panel member for the purpose of assessing the person’s suitability to be, or continue to be, engaged by the department; or if the person is an adult—with the person’s consent; or if the disclosure or giving of access is otherwise required under an Act. (sec.91-ssec.4) In this section— criminal history , of a person, means— every conviction of the person for an offence, in Queensland or elsewhere, and whether before or after the commencement of this Act; and every charge made against the person for an offence, in Queensland or elsewhere, and whether before or after the commencement of this Act. engaged by the department means engaged by the department within the meaning of section 100 of this Act as in force from time to time before the commencement of this definition. previous part 10 means part 10 of this Act as in force from time to time before the commencement of this definition. 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 an offence that was a serious offence under section 103 of this Act as in force from time to time before the commencement of this definition.