sec.317Notice of change in police information about a person

sec.317 Notice of change in police information about a person

This section applies if, for a person in relation to whom any of the following happens (the relevant event ), the police commissioner reasonably suspects the person is a person mentioned in section 310 — the person’s criminal history changes; the police commissioner decides, under section 305 , that information about the person is investigative information (regardless of when the act or omission relevant to the investigative information happened or is alleged to have happened); the person becomes, or is no longer, a disqualified person; the person is named as the respondent for an application for an offender prohibition order. For a relevant event mentioned in subsection (1) (a) or (b) , the police commissioner may notify the chief executive of the following— that the relevant event has happened; if subsection (1) (a) applies because the person has been charged with or convicted of an offence— the offence the person has been charged with or convicted of; and the particulars of the offence; and the date of the charge or conviction. For a relevant event mentioned in subsection (1) (c) or (d) , the police commissioner must notify the chief executive of the following— that the relevant event has happened; if subsection (1) (c) applies because the person has become a disqualified person—the information mentioned in section 313 ; if subsection (1) (d) applies—the information mentioned in section 314 in relation to the offender prohibition order. A notice given under subsection (2) or (3) must state the following— the person’s name and any other name that the police commissioner believes the person may use or may have used; the person’s gender and date and place of birth. The chief executive may confirm the police commissioner’s suspicions under subsection (1) . If the person is a person mentioned in section 323 (1) , the chief executive, on receiving notice under subsection (2) or (3) , may write to the person to inform the person about the person’s obligations under section 323 (2) . Section 323 imposes obligations on particular persons to notify particular entities of changes in police information. For a person who does not have a criminal history, there is taken to be a change in the person’s criminal history if the person acquires a criminal history. To remove any doubt, it is declared that, despite the Youth Justice Act 1992 , part 9 , the police commissioner may disclose information to which that part applies to the chief executive under this section. s 317 ins 2010 No. 5 s 58 amd 2014 No. 28 s 55 ; 2019 No. 18 s 86 (1) sch 1 ; 2024 No. 50 s 85 (sec.317-ssec.1) This section applies if, for a person in relation to whom any of the following happens (the relevant event ), the police commissioner reasonably suspects the person is a person mentioned in section 310 — the person’s criminal history changes; the police commissioner decides, under section 305 , that information about the person is investigative information (regardless of when the act or omission relevant to the investigative information happened or is alleged to have happened); the person becomes, or is no longer, a disqualified person; the person is named as the respondent for an application for an offender prohibition order. (sec.317-ssec.2) For a relevant event mentioned in subsection (1) (a) or (b) , the police commissioner may notify the chief executive of the following— that the relevant event has happened; if subsection (1) (a) applies because the person has been charged with or convicted of an offence— the offence the person has been charged with or convicted of; and the particulars of the offence; and the date of the charge or conviction. (sec.317-ssec.3) For a relevant event mentioned in subsection (1) (c) or (d) , the police commissioner must notify the chief executive of the following— that the relevant event has happened; if subsection (1) (c) applies because the person has become a disqualified person—the information mentioned in section 313 ; if subsection (1) (d) applies—the information mentioned in section 314 in relation to the offender prohibition order. (sec.317-ssec.4) A notice given under subsection (2) or (3) must state the following— the person’s name and any other name that the police commissioner believes the person may use or may have used; the person’s gender and date and place of birth. (sec.317-ssec.5) The chief executive may confirm the police commissioner’s suspicions under subsection (1) . (sec.317-ssec.6) If the person is a person mentioned in section 323 (1) , the chief executive, on receiving notice under subsection (2) or (3) , may write to the person to inform the person about the person’s obligations under section 323 (2) . Section 323 imposes obligations on particular persons to notify particular entities of changes in police information. (sec.317-ssec.7) For a person who does not have a criminal history, there is taken to be a change in the person’s criminal history if the person acquires a criminal history. (sec.317-ssec.8) To remove any doubt, it is declared that, despite the Youth Justice Act 1992 , part 9 , the police commissioner may disclose information to which that part applies to the chief executive under this section.