sec.138MObtaining information from director of public prosecutions

sec.138M Obtaining information from director of public prosecutions

If the chief executive is aware a relevant person has been charged with or convicted of an offence, the chief executive may, by notice, ask the director of public prosecutions for the following information about the relevant person— 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 a charge for the offence was not proceeded with—a written summary of the reasons the charge was not proceeded with. The director of public prosecutions may comply with the chief executive’s request if the director reasonably believes the information may help the chief executive to perform the chief executive’s screening functions in relation to the person. However, the director of public prosecutions must not give the chief executive a copy or written summary of evidentiary material about the offence that relates only to a person other than the relevant person. a report by an expert about a person other than the relevant person The director of public prosecutions is authorised to give information, or a document containing information, under this section despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information. See section 138ZLA for restrictions on disclosing or giving access to information or documents obtained under this part. Without limiting subsection (4) , this section applies despite the Director of Public Prosecutions Act 1984 , section 24A . 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, including a section 93A transcript or a transcript of a recorded statement; a report by an expert about the person alleged to have committed the offence. s 138M ins 2020 No. 39 s 11 amd 2022 No. 12 s 26 ; 2024 No. 50 s 18 (sec.138M-ssec.1) If the chief executive is aware a relevant person has been charged with or convicted of an offence, the chief executive may, by notice, ask the director of public prosecutions for the following information about the relevant person— 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 a charge for the offence was not proceeded with—a written summary of the reasons the charge was not proceeded with. (sec.138M-ssec.2) The director of public prosecutions may comply with the chief executive’s request if the director reasonably believes the information may help the chief executive to perform the chief executive’s screening functions in relation to the person. (sec.138M-ssec.3) However, the director of public prosecutions must not give the chief executive a copy or written summary of evidentiary material about the offence that relates only to a person other than the relevant person. a report by an expert about a person other than the relevant person (sec.138M-ssec.4) The director of public prosecutions is authorised to give information, or a document containing information, under this section despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information. See section 138ZLA for restrictions on disclosing or giving access to information or documents obtained under this part. (sec.138M-ssec.5) Without limiting subsection (4) , this section applies despite the Director of Public Prosecutions Act 1984 , section 24A . (sec.138M-ssec.6) 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, including a section 93A transcript or a transcript of a recorded statement; a report by an expert about the person alleged to have committed the offence.