QLDIn ForceAct
Environmental Protection Act 1994
sec.484CChief executive may obtain criminal history report
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### sec.484C Chief executive may obtain criminal history report
This section applies if an authorised person suspects, on reasonable grounds, a person (the relevant person )—
may be present at a place or vehicle when the authorised person enters the place or vehicle under this chapter; and
may create an unacceptable level of risk to the authorised person’s safety.
The chief executive may ask the commissioner of the police service for a written report about the criminal history of the relevant person that includes a brief description of the circumstances of a conviction mentioned in the criminal history.
The commissioner of the police service must comply with the request.
However, the duty to comply applies only to information in the commissioner’s possession or to which the commissioner has access.
The chief executive must examine the report and identify, to the extent it is reasonably practicable to do so, offences involving conduct, behaviour or circumstances that suggest the relevant person’s presence at the place or vehicle may endanger the authorised person’s safety.
The chief executive may give the authorised person information in the report about the offences identified under subsection (5) .
The chief executive must ensure the report, and any information in the report given to an authorised person in writing, is destroyed as soon as practicable after the report is no longer needed for the purpose for which it was requested.
See also the confidentiality requirements in chapter 12 , part 4C .
s 484C ins 2023 No. 6 s 101
(sec.484C-ssec.1) This section applies if an authorised person suspects, on reasonable grounds, a person (the relevant person )— may be present at a place or vehicle when the authorised person enters the place or vehicle under this chapter; and may create an unacceptable level of risk to the authorised person’s safety.
(sec.484C-ssec.2) The chief executive may ask the commissioner of the police service for a written report about the criminal history of the relevant person that includes a brief description of the circumstances of a conviction mentioned in the criminal history.
(sec.484C-ssec.3) The commissioner of the police service must comply with the request.
(sec.484C-ssec.4) However, the duty to comply applies only to information in the commissioner’s possession or to which the commissioner has access.
(sec.484C-ssec.5) The chief executive must examine the report and identify, to the extent it is reasonably practicable to do so, offences involving conduct, behaviour or circumstances that suggest the relevant person’s presence at the place or vehicle may endanger the authorised person’s safety.
(sec.484C-ssec.6) The chief executive may give the authorised person information in the report about the offences identified under subsection (5) .
(sec.484C-ssec.7) The chief executive must ensure the report, and any information in the report given to an authorised person in writing, is destroyed as soon as practicable after the report is no longer needed for the purpose for which it was requested. See also the confidentiality requirements in chapter 12 , part 4C .
- (a) may be present at a place or vehicle when the authorised person enters the place or vehicle under this chapter; and
- (b) may create an unacceptable level of risk to the authorised person’s safety.