sec.307 Appeal against police commissioner’s decision that information is investigative information
This section applies if—
the police commissioner decides that information about a person is investigative information; and
the investigative information is given, under division 2 , to the chief executive; and
after the investigative information is given to the chief executive, the person is issued a negative notice, whether or not the negative notice was issued because a working with children authority held by the person was cancelled.
The person may appeal to a Magistrates Court about the police commissioner’s decision mentioned in subsection (1) .
However, an appeal under subsection (2) may only be made within 28 days after the person is given written notice about the issue of the negative notice.
The chief executive and police commissioner must be given a copy of the notice of appeal.
QCAT does not have jurisdiction to review a decision of the police commissioner that information about a person is investigative information or that information that is investigative information may be given to the chief executive.
s 307 ins 2010 No. 5 s 58
amd 2014 No. 28 s 55 ; 2019 No. 18 s 86 (1) sch 1 ; 2024 No. 50 s 78
(sec.307-ssec.1) This section applies if— the police commissioner decides that information about a person is investigative information; and the investigative information is given, under division 2 , to the chief executive; and after the investigative information is given to the chief executive, the person is issued a negative notice, whether or not the negative notice was issued because a working with children authority held by the person was cancelled.
(sec.307-ssec.2) The person may appeal to a Magistrates Court about the police commissioner’s decision mentioned in subsection (1) .
(sec.307-ssec.3) However, an appeal under subsection (2) may only be made within 28 days after the person is given written notice about the issue of the negative notice.
(sec.307-ssec.4) The chief executive and police commissioner must be given a copy of the notice of appeal.
(sec.307-ssec.5) QCAT does not have jurisdiction to review a decision of the police commissioner that information about a person is investigative information or that information that is investigative information may be given to the chief executive.
- (a) the police commissioner decides that information about a person is investigative information; and
- (b) the investigative information is given, under division 2 , to the chief executive; and
- (c) after the investigative information is given to the chief executive, the person is issued a negative notice, whether or not the negative notice was issued because a working with children authority held by the person was cancelled.