Education (Queensland College of Teachers) Act 2005
sec.75Commissioner of police must notify changes in police information
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sec.75 Commissioner of police must notify changes in police information
This section applies if— police information about a person changes because of any of the following (the relevant event )— the person’s criminal history changes; the person becomes, or is no longer, a relevant excluded person; the person is named as the respondent for an application for an offender prohibition order; the person becomes subject to an application for an offender prohibition disqualification order; and the commissioner of police reasonably suspects the person— is an approved teacher; or was an approved teacher when the act or omission leading to the relevant event happened. The commissioner of police must notify the college of the relevant event. The notice must state the following— the person’s personal information; if the person’s criminal history has changed— the offence the person is charged with or convicted of; and particulars of the offence; and the date of the charge or conviction; if the person has become a relevant excluded person— that the person has become a relevant excluded person; and if the person has become subject to an offender prohibition order— a brief description of the conduct that gave rise to the order; and the duration and details of the order, including whether it is or was a temporary offender prohibition order or final offender prohibition order; and if the person has become subject to an offender prohibition disqualification order—the duration and details of the disqualification order; if the person is named as the respondent for an application for an offender prohibition order, or becomes subject to an application for an offender prohibition disqualification order— the reasons why the application was made; and if the magistrate or court hearing the application for the order decides not to make the order—the reasons why the order is not made; and if the application was for an offender prohibition order and the magistrate or court hearing the application decides not to make an offender prohibition disqualification order for the person—the reasons why the offender prohibition disqualification order is not made. The college may confirm the suspicions of the commissioner of police under subsection (1) . The commissioner of police’s obligation to comply with this section applies only to information in the possession of the commissioner or to which the commissioner has access. On receiving a notice under subsection (2) about the person, the college may write to the person to inform the person of their obligation under section 68 (1) . The Criminal Law (Rehabilitation of Offenders) Act 1986 does not apply to the giving of a notification under subsection (2) . To remove any doubt, it is declared that, despite the Youth Justice Act 1992 , part 9 , the commissioner of police may disclose information to which that part applies to the college under subsection (2) . In this section— personal information , for a person, means the following— the person’s name and address, or any other name the commissioner of police believes that the person may use or may have used; the person’s gender and place and date of birth. s 75 amd 2010 No. 5 s 189 ; 2011 No. 39 s 25 ; 2017 No. 14 s 50 sch 1 (sec.75-ssec.1) This section applies if— police information about a person changes because of any of the following (the relevant event )— the person’s criminal history changes; the person becomes, or is no longer, a relevant excluded person; the person is named as the respondent for an application for an offender prohibition order; the person becomes subject to an application for an offender prohibition disqualification order; and the commissioner of police reasonably suspects the person— is an approved teacher; or was an approved teacher when the act or omission leading to the relevant event happened. (sec.75-ssec.2) The commissioner of police must notify the college of the relevant event. (sec.75-ssec.3) The notice must state the following— the person’s personal information; if the person’s criminal history has changed— the offence the person is charged with or convicted of; and particulars of the offence; and the date of the charge or conviction; if the person has become a relevant excluded person— that the person has become a relevant excluded person; and if the person has become subject to an offender prohibition order— a brief description of the conduct that gave rise to the order; and the duration and details of the order, including whether it is or was a temporary offender prohibition order or final offender prohibition order; and if the person has become subject to an offender prohibition disqualification order—the duration and details of the disqualification order; if the person is named as the respondent for an application for an offender prohibition order, or becomes subject to an application for an offender prohibition disqualification order— the reasons why the application was made; and if the magistrate or court hearing the application for the order decides not to make the order—the reasons why the order is not made; and if the application was for an offender prohibition order and the magistrate or court hearing the application decides not to make an offender prohibition disqualification order for the person—the reasons why the offender prohibition disqualification order is not made. (sec.75-ssec.4) The college may confirm the suspicions of the commissioner of police under subsection (1) . (sec.75-ssec.5) The commissioner of police’s obligation to comply with this section applies only to information in the possession of the commissioner or to which the commissioner has access. (sec.75-ssec.6) On receiving a notice under subsection (2) about the person, the college may write to the person to inform the person of their obligation under section 68 (1) . (sec.75-ssec.7) The Criminal Law (Rehabilitation of Offenders) Act 1986 does not apply to the giving of a notification under subsection (2) . (sec.75-ssec.8) To remove any doubt, it is declared that, despite the Youth Justice Act 1992 , part 9 , the commissioner of police may disclose information to which that part applies to the college under subsection (2) . (sec.75-ssec.9) In this section— personal information , for a person, means the following— the person’s name and address, or any other name the commissioner of police believes that the person may use or may have used; the person’s gender and place and date of birth.