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Personal information contained in criminal history records
Criminal history records should only be released to third parties by the Manager, Police Information Centre (PIC) unless
otherwise authorised by Service policy, these include:
(i) to defendants and legal representatives through police prosecutors, see ss. 3.4.15: ‘Supply of defendant’s
criminal or traffic history’ and 3.14.4: ‘Mandatory disclosure’ of the OPM;
(ii) to the court through the police prosecutor, see ss. 3.4.16: ‘Disclosure to courts of closed convictions’ and 5.6.8:
‘Documents required when a child is placed before a court’ of the OPM; and s. 5.6.16: ‘Documentation required
by the courts’ of this chapter;
(iii) to Queensland Corrective Services and the Department of Justice through police prosecutors and watch-
house staff, see ss. 3.4.18: ‘Supply of information where court outcome requires action by Queensland Corrective
Service or Department of Youth Justice and Victim Support’ and 3.4.36: ‘Notification of Chief Executive,
Queensland Corrective Services, regarding committal, conviction, etc. of relevant person’ of the OPM;
(iv) to sheriffs from courts outside the Brisbane Metropolitan area under the Jury Act through OIC of stations, see
s. 5.6.20: ‘Release of information under provisions of Jury Act’ of this chapter;
(v) to the ODPP (State) through police prosecutors and investigating officers, see ss. 3.7.9: ‘District/Supreme
Court hearings’, 3.8.18: ‘Committals conducted by the Office of the Director of Prosecutions (State)’ and 3.4.21:
‘Ex officio indictment’ of the OPM;
(vi) to the Queensland College of Teachers, see s. 3.4.28: ‘Notification of Queensland College of Teachers of a
committal, conviction, or end of prosecution involving an approved teacher’ of the OPM;
(vii) to the Office of Fair Trading through police prosecutors, see s. 3.4.29: ‘Notification of Office of Fair Trading
regarding Debt Collectors (Field Agents and Collection Agents) Act and Security Providers Act’ of the OPM;
(viii) to the Queensland Parks and Wildlife Service of convictions of conservation related offences through police
prosecutors, see s. 3.4.33: ‘Notification of Queensland Parks and Wildlife Service of convictions of conservation
related offences’ of the OPM;
(ix) to Health Practitioner Registration Boards through the OIC of the region or command, see s. 5.6.21: ‘Release
of information to health practitioner registration boards and Health Ombudsman’ of this chapter.
PIC members may disclose information contained in criminal history records to third parties when:
(i) complying with a statutory requirement;
(ii) the information is sought by a law enforcement agency (see also QPP 11 of the
IPAhttps://www.legislation.qld.gov.au/view/html/inforce/current/act-2009-014 - sch.3-sec.11);
(iii) under approved arrangements dealing with national third-party criminal history checking; or
(iv) authorised under s. 10.2: ‘Authorisation of disclosure’ of the PSAA.
ORDER
Members who receive a third-party application for the supply of traffic history particulars of another should advise the
inquirer to contact the Department of Transport and Main Roads.
Members are not to express to a third party any opinion orally or in writing as to the character, moral conduct or private
affairs of any person based on criminal history records or any other records held by the Service, unless otherwise
provided by Service policy (i.e. completing a QP 0215A: ‘Objection to bail affidavit annexure’ in accordance with
s. 16.20.1: ‘Arresting officer’s responsibilities’ of the OPM).
Other personal information
Members have an obligation to protect personal information from unauthorised access, modification, use and disclosure.
QPP 6 provides that personal information is not to be disclosed for a purpose other than the purpose for which the
information was collected unless one of the following exceptions apply:
(i) the person concerned is reasonably likely to have been aware, or made aware that information of that kind is
usually passed to that third party, e.g. the passing on of relevant personal details to drivers after a traffic crash;
(ii) the person concerned expressly or impliedly consents for disclosure, e.g. see s. 9.4.10: ‘Domestic violence
referral agencies’ of the OPM;
(iii) disclosure is considered necessary on reasonable grounds to lessen or prevent a serious threat to the life,
health, safety or welfare of an individual, or to public health, safety or welfare;
(iv) the disclosure is required or authorised by or under law, e.g. a written notice by Centrelink under ss. 192, 194
and 196 of the Social Security (Administration) Act (Cwlth) requiring certain information. See s. 5.6.18: ‘Requests
for information from Centrelink’ of this chapter;
(v) a ‘permitted general situation’ (Schedule 4, Part 1 of the IPA) exists, for example:
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