sec.295Disclosure by police of information about cautions and restorative justice process referrals and restorative justice agreements

### sec.295 Disclosure by police of information about cautions and restorative justice process referrals and restorative justice agreements This section applies if the confidential information is information that identifies a child, or is likely to lead to the identification of a child, as a child who— is to be or has been cautioned for an offence; or has been referred to a restorative justice process; or has made a restorative justice agreement. A member of the police service may disclose the information to— a parent of the child; or a complainant for the offence; or the chief executive; or a member of a police service of the Commonwealth or another State dealing with the child; or a lawyer acting for the child; or a person who has the function of investigating offences under an Act and who is dealing with the child. Subsection (2) (d) applies to information that is inadmissible in a proceeding against the child in Queensland only if the information is also inadmissible in a proceeding against the child in the Commonwealth or other State. Also, a member of the police service may disclose the information to a person undertaking research if— the research has been approved by the commissioner of the police service for the purpose of the disclosure; and the person gives a written undertaking to preserve the confidentiality of the information and the anonymity of the person to whom the information relates. A person to whom information is disclosed under subsection (4) must not contravene the undertaking. Maximum penalty (subject to part 7 )—100 penalty units or 2 years imprisonment. The commissioner of the police service may approve research for subsection (4) if the commissioner is satisfied the research is genuine. s 295 ins 2002 No. 39 s 109 amd 2004 No. 11 s 596 sch 1 ; 2012 No. 41 s 43 ; 2016 No. 39 s 32 (sec.295-ssec.1) This section applies if the confidential information is information that identifies a child, or is likely to lead to the identification of a child, as a child who— is to be or has been cautioned for an offence; or has been referred to a restorative justice process; or has made a restorative justice agreement. (sec.295-ssec.2) A member of the police service may disclose the information to— a parent of the child; or a complainant for the offence; or the chief executive; or a member of a police service of the Commonwealth or another State dealing with the child; or a lawyer acting for the child; or a person who has the function of investigating offences under an Act and who is dealing with the child. (sec.295-ssec.3) Subsection (2) (d) applies to information that is inadmissible in a proceeding against the child in Queensland only if the information is also inadmissible in a proceeding against the child in the Commonwealth or other State. (sec.295-ssec.4) Also, a member of the police service may disclose the information to a person undertaking research if— the research has been approved by the commissioner of the police service for the purpose of the disclosure; and the person gives a written undertaking to preserve the confidentiality of the information and the anonymity of the person to whom the information relates. (sec.295-ssec.5) A person to whom information is disclosed under subsection (4) must not contravene the undertaking. Maximum penalty (subject to part 7 )—100 penalty units or 2 years imprisonment. (sec.295-ssec.6) The commissioner of the police service may approve research for subsection (4) if the commissioner is satisfied the research is genuine. - (a) is to be or has been cautioned for an offence; or - (b) has been referred to a restorative justice process; or - (c) has made a restorative justice agreement. - (a) a parent of the child; or - (b) a complainant for the offence; or - (c) the chief executive; or - (d) a member of a police service of the Commonwealth or another State dealing with the child; or - (e) a lawyer acting for the child; or - (f) a person who has the function of investigating offences under an Act and who is dealing with the child. - (a) the research has been approved by the commissioner of the police service for the purpose of the disclosure; and - (b) the person gives a written undertaking to preserve the confidentiality of the information and the anonymity of the person to whom the information relates.