Justice and Other Information Disclosure Act 2008

section 2

chief executive, of a child protection agency, means the following—

the chief executive (child safety);

the chief executive of the department within which the Justices Act 1886 is administered;

the commissioner of the police service.

chief executive, of a criminal justice agency, means any of the following—

the chief executive (corrective services);

the chief executive of the department within which the Justices Act 1886 is administered;

the chief executive (youth justice);

the commissioner of the police service.

chief executive, of a treatment order agency, means the following—

the chief executive (corrective services);

the chief executive (justice);

the chief executive of the department in which the Medicines and Poisons Act 2019 is administered;

the chief executive officer of Legal Aid Queensland under the Legal Aid Queensland Act 1997;

the commissioner of the police service;

a health service chief executive under the Hospital and Health Boards Act 2011.

chief executive (child safety) means the chief executive of the department within which the Child Protection Act 1999 is administered.

chief executive (justice) means the chief executive of the department in which the Penalties and Sentences Act 1992 is administered.

chief executive (youth justice) means the chief executive of the department within which the Youth Justice Act 1992 is administered.

child protection agency means any of the following—

the department within which the Child Protection Act 1999 is administered;

the department within which the Justices Act 1886 is administered;

the police service.

child protection information see section 7.

child protection proceeding means—

a proceeding on an application for an order under the Child Protection Act 1999; or

an appeal on a proceeding mentioned in paragraph (a).

child protection purpose see section 8.

community based order see the Youth Justice Act 1992, schedule 4 and the Penalties and Sentences Act 1992, section 4.

corrective services facility see the Corrective Services Act 2006, schedule 4.

court cell means a place attached to or near a court that may be used for detaining a person in the criminal justice system.

criminal history, of a person—

means the person’s convictions of offences committed in Queensland or elsewhere; and

includes information about offences of any kind alleged to have been committed, in Queensland or elsewhere, by the person.

criminal justice agency means any of the following—

the department within which the Corrective Services Act 2006 is administered;

the department within which the Justices Act 1886 is administered;

the department within which the Youth Justice Act 1992 is administered;

the police service.

criminal justice facility means—

a corrective services facility; or

a watch-house; or

a holding cell at a police station; or

a court cell; or

a detention centre.

criminal proceeding includes—

a proceeding on a charge, whether brought summarily or on indictment, for an offence; and

a bail proceeding; and

a committal proceeding.

detention centre means a detention centre under the Youth Justice Act 1992.

detention centre employee see the Youth Justice Act 1992, schedule 4.

domestic violence order see the Domestic and Family Violence Protection Act 2012, schedule.

effective supervision, of a person, means supervision of the person that provides for community safety, the safety and welfare of the person or crime prevention.

function includes power.

information linking, conducted by a receiving agency, means using information, including information provided under this Act—

to find out whether a person about whom information is recorded by the receiving agency is the same as a person about whom information is recorded by the sending agency; and

to ensure that the details of any information recorded by the receiving agency and the sending agency about the person are accurate and recorded in a way that enables the details recorded by the receiving agency to be accurately matched with the details recorded by the sending agency.

information technology service provider means an entity whose functions include electronically transmitting information from a sending agency to a receiving agency.

infringement notice means an infringement notice under the State Penalties Enforcement Act 1999, section 15.

justice information see section 4.

justice proceeding, relating to a person, means—

a criminal proceeding in which the person is a defendant; or

a proceeding about a complaint made under the Peace and Good Behaviour Act 1982, part 2 against the person; or

a restraining order proceeding in which the person is a defendant; or

a proceeding on an application for a domestic violence order made under the Domestic and Family Violence Protection Act 2012 against the person; or

a proceeding on an application made under the Dangerous Prisoners (Sexual Offenders) Act 2003 relating to the person; or

an appeal on a proceeding mentioned in paragraph (a), (b), (c), (d) or (e).

justice purpose see section 5.

parent, see the Child Protection Act 1999, section 11.

person in the child protection system means—

a child in relation to whom an application has been made for an order under the Child Protection Act 1999; or

a child in relation to whom the chief executive has decided to take action under the Child Protection Act 1999, chapter 2, part 3B; or

a parent of a child mentioned in paragraph (a) or (b); or

an adult against whom an allegation of harm or risk of harm to a child has been made.

person in the criminal justice system means—

a person for whom a warrant for arrest has been issued under any Act or law; or

a person who has been arrested for an offence, whether or not under a warrant; or

a person who has been charged with an offence; or

a person to whom a caution has been administered under the Youth Justice Act 1992; or

a person who committed an offence that is referred to the chief executive (youth justice) for a restorative justice process under the Youth Justice Act 1992; or

a person to whom a police officer has offered a drug diversion warning or an opportunity to participate in a drug diversion assessment program under the Police Powers and Responsibilities Act 2000, chapter 14, part 4, division 5; or

a person who has been served with an infringement notice; or

a person in relation to whom an application has been made for a domestic violence order under the Domestic and Family Violence Protection Act 2012; or

a person against whom a complaint has been made under the Peace and Good Behaviour Act 1982, part 2; or

a person in relation to whom an application has been made for an order under the Dangerous Prisoners (Sexual Offenders) Act 2003.

person of interest matching, conducted by a receiving agency, means using information, including information provided under this Act, to identify persons in relation to whom the receiving agency may have a function under an Act.

receiving agency see sections 6, 6C and 9.

receiving entity means a receiving agency or an information technology service provider.

restraining order proceeding means a proceeding started under the Criminal Code, section 359F(2).

sending agency see sections 6, 6C, 9 and 10.

service provider means a non-government entity that provides assistance or support services to a person to whom a treatment order applies.

supervised release order see the Youth Justice Act 1992, schedule 4.

treatment order means a drug and alcohol treatment order under the Penalties and Sentences Act 1992, part 8A.

treatment order agency means the following—

the department in which the Corrective Services Act 2006 is administered;

the department in which the Penalties and Sentences Act 1992 is administered;

the department in which the Medicines and Poisons Act 2019 is administered;

Legal Aid Queensland established under the Legal Aid Queensland Act 1997;

the police service;

a Hospital and Health Service established under the Hospital and Health Boards Act 2011, section 17.

treatment order information see section 6A.

treatment order purpose see section 6B.

use, information or the criminal history of a person, includes disclose, give access to, make available, publish or record, the information or the history.