sec.318Obtaining information from director of public prosecutions

sec.318 Obtaining information from director of public prosecutions

This section applies to a person mentioned in section 310 . If the chief executive becomes aware that the person has been charged with or convicted of an offence, the chief executive may, by written notice, ask the director of public prosecutions for the following— a written statement briefly describing the circumstances of a charge or conviction for the offence; a copy or written summary of evidentiary material about the offence; if a charge for the offence was not proceeded with—a written summary of the reasons why the charge was not proceeded with. The chief executive’s request may include the following information— the person’s name and any other name the chief executive believes the person may use or have used; the person’s gender and date and place of birth. The director of public prosecutions may comply with a request under subsection (2) if the director reasonably believes the statement, copy or summary may help the chief executive in making an employment-screening decision about the person. However, the director of public prosecutions must not give the chief executive a copy or written summary of evidentiary material about the offence that relates only to a person other than the person about whom the request is made. a report by an expert about a person other than the person about whom the request is made. The director of public prosecutions must not give information, or a document containing information, to the chief executive under this section if the director is reasonably satisfied that giving the information may do any of the following— prejudice the investigation of a contravention or possible contravention of the law in a particular case; enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; prejudice a prosecution or another matter before a court; endanger a person’s life or physical safety. The giving of information, or a document containing information, under this section by the director of public prosecutions is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information. See sections 384 and 385 for restrictions on disclosing or giving access to information or documents obtained under this Act. Without limiting subsection (7) , this section applies despite the Director of Public Prosecutions Act 1984 , section 24A . In this section— evidentiary material , about an offence, means material compiled in the course of the investigation or prosecution of the offence, including, for example, the following— a summary of the circumstances of the alleged offence prepared by a police officer; bench charge sheet, QP9 a witness statement; an indictment; a record of an interview or a transcript of a record of an interview, including a section 93A transcript and a transcript of a recorded statement; a report by an expert about the person alleged to have committed the offence. s 318 ins 2010 No. 5 s 58 amd 2014 No. 28 ss 55 , 56 ; 2022 No. 12 s 48 (sec.318-ssec.1) This section applies to a person mentioned in section 310 . (sec.318-ssec.2) If the chief executive becomes aware that the person has been charged with or convicted of an offence, the chief executive may, by written notice, ask the director of public prosecutions for the following— a written statement briefly describing the circumstances of a charge or conviction for the offence; a copy or written summary of evidentiary material about the offence; if a charge for the offence was not proceeded with—a written summary of the reasons why the charge was not proceeded with. (sec.318-ssec.3) The chief executive’s request may include the following information— the person’s name and any other name the chief executive believes the person may use or have used; the person’s gender and date and place of birth. (sec.318-ssec.4) The director of public prosecutions may comply with a request under subsection (2) if the director reasonably believes the statement, copy or summary may help the chief executive in making an employment-screening decision about the person. (sec.318-ssec.5) However, the director of public prosecutions must not give the chief executive a copy or written summary of evidentiary material about the offence that relates only to a person other than the person about whom the request is made. a report by an expert about a person other than the person about whom the request is made. (sec.318-ssec.6) The director of public prosecutions must not give information, or a document containing information, to the chief executive under this section if the director is reasonably satisfied that giving the information may do any of the following— prejudice the investigation of a contravention or possible contravention of the law in a particular case; enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; prejudice a prosecution or another matter before a court; endanger a person’s life or physical safety. (sec.318-ssec.7) The giving of information, or a document containing information, under this section by the director of public prosecutions is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information. See sections 384 and 385 for restrictions on disclosing or giving access to information or documents obtained under this Act. (sec.318-ssec.8) Without limiting subsection (7) , this section applies despite the Director of Public Prosecutions Act 1984 , section 24A . (sec.318-ssec.9) In this section— evidentiary material , about an offence, means material compiled in the course of the investigation or prosecution of the offence, including, for example, the following— a summary of the circumstances of the alleged offence prepared by a police officer; bench charge sheet, QP9 a witness statement; an indictment; a record of an interview or a transcript of a record of an interview, including a section 93A transcript and a transcript of a recorded statement; a report by an expert about the person alleged to have committed the offence.