sec.46Confidentiality of criminal history information

sec.46 Confidentiality of criminal history information

This section applies to a person who possesses criminal history information because the person is or was— the Minister or a member of the Minister’s staff; or the chief executive officer, another staff member or a contractor of Health and Wellbeing Queensland; or an employee or contractor of the department; or a board member. The person must not use or, directly or indirectly, disclose to another person the criminal history information unless the use or disclosure is permitted under subsection (3) . Maximum penalty—100 penalty units. The person may use or disclose to another person the criminal history information— to the extent necessary to perform the person’s functions under this Act; or if the use or disclosure is authorised under an Act; or if the use or disclosure is otherwise required or permitted by law; or if the person to whom the information relates consents to the use or disclosure; or if the use or disclosure is in a form that does not identify the person to whom the information relates; or if the information is, or has been, lawfully accessible to the public. The person must ensure a report given to the Minister under section 44 is destroyed as soon as practicable after it is no longer needed for the purpose for which it was given. Subsection (4) applies despite the Public Records Act 2023 . In this section— criminal history information means the information contained in— a report given to the Minister under section 44 ; or a notice given to the Minister under section 45 . s 46 amd 2023 No. 33 s 107 sch 4 (sec.46-ssec.1) This section applies to a person who possesses criminal history information because the person is or was— the Minister or a member of the Minister’s staff; or the chief executive officer, another staff member or a contractor of Health and Wellbeing Queensland; or an employee or contractor of the department; or a board member. (sec.46-ssec.2) The person must not use or, directly or indirectly, disclose to another person the criminal history information unless the use or disclosure is permitted under subsection (3) . Maximum penalty—100 penalty units. (sec.46-ssec.3) The person may use or disclose to another person the criminal history information— to the extent necessary to perform the person’s functions under this Act; or if the use or disclosure is authorised under an Act; or if the use or disclosure is otherwise required or permitted by law; or if the person to whom the information relates consents to the use or disclosure; or if the use or disclosure is in a form that does not identify the person to whom the information relates; or if the information is, or has been, lawfully accessible to the public. (sec.46-ssec.4) The person must ensure a report given to the Minister under section 44 is destroyed as soon as practicable after it is no longer needed for the purpose for which it was given. (sec.46-ssec.5) Subsection (4) applies despite the Public Records Act 2023 . (sec.46-ssec.6) In this section— criminal history information means the information contained in— a report given to the Minister under section 44 ; or a notice given to the Minister under section 45 . s 46 amd 2023 No. 33 s 107 sch 4