40Power to ask for information from chief police officer

40 Power to ask for information from chief police officer (1) When deciding an application for financial assistance in relation to an act of violence, the commissioner may ask the chief police officer or an investigating police officer (the requested officer) for— (a) information and documents about the following: (i) the facts about the act of violence that is the subject of the (ii) the progress of an investigation into the act of violence that is the subject of the application (including the police officer responsible for investigating the act of violence); (iii) if a proceeding is not started in relation to the act of violence that is the subject of the application—the reasons for not starting a proceeding; (iv) if a proceeding is started for the act of violence that is the subject of the application—details of the following: (A) the charges laid against the person alleged to have engaged in the act of violence that is the subject of the (B) the place and date of hearing of the proceeding; (C) the outcome of the proceeding, including any sentence imposed; (D) the outcome of any appeal; (E) if the proceeding is discontinued—the reasons for discontinuation of the proceeding; and (b) a copy of any person’s statement about the act of violence that is the subject of the application; and (c) clarification about any of the information mentioned in paragraph (a), including any changes to the information previously provided. (2) The requested officer must comply with a request under subsection (1) if the officer has possession of, or access to, the information or documents requested. Commissioner may ask for information when deciding applications for Division 3.5 (3) However, the requested officer must not give the commissioner information or documents about an investigation relating to an act of violence that is the subject of the application if the officer believes on reasonable grounds that giving the information or documents may— (a) prejudice an investigation to which the information may be relevant; or (b) lead to the identification of an informer; or (c) affect the safety of any person. (4) If the requested officer decides under subsection (3) not to comply with a request under subsection (1) the officer must— (a) notify the commissioner that the officer will not comply with the request; and (b) give reasons for not complying with the request. (5) If the requested officer provides a copy of a person’s statement mentioned in subsection (1) (b), the officer must remove all particulars identifying the maker of the statement except particulars the officer believes are relevant to assist the commissioner to decide the application. (6) Giving information or documents under this section is authorised despite any other territory law, including a law imposing an obligation to maintain confidentiality about the information or documents. Note It is an offence for an official to divulge protected information (see s 89 (1)). (7) In this section: investigating police officer, in relation to an act of violence, means the police officer who is in charge of investigating the act of violence.