Adoption Act 2009

The chief executive may ask the police commissioner for information, or for access to the police commissioner’s records, to enable the chief executive to learn what police information exists, if any, in relation to the person or an adult member of the person’s household.

If there is police information about the person or household member, the chief executive may ask the police commissioner for a brief description of—

the circumstances of a conviction, charge or order mentioned in the police information; or

investigative information mentioned in the police information.

The police commissioner must comply with a request under subsection (1) or (2).

However, the duty imposed on the police commissioner to comply with a request for information applies only to information in the police commissioner’s possession or to which the police commissioner has access.

The police commissioner need not give investigative information, or give access to a record containing investigative information, about the person or household member to the chief executive under this section if the police commissioner is reasonably satisfied that giving the information or access 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;

endanger a person’s life or physical safety;

prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law.

In this section—

police information, about a person, means the following—

the person’s criminal history;

investigative information about the person;

the person’s domestic violence history;

information as to whether the person is or has been—

the subject of a disqualification order; or

the respondent for an offender prohibition order.