Queensland Consolidated Acts

CHILD PROTECTION ACT 1999 - SECT 159P

159P Release of information for reporting or investigating a death under the Coroners Act

(1) If a child dies, the chief executive may give the information mentioned in subsection (2) to—

(a) a police officer investigating the death; or

(b) a coroner investigating the death; or

(c) a police officer helping a coroner investigating the death.

(2) The information that may be given is information about any of the following matters—

(a) whether, before the death, the child or a sibling of the child was a child in care;

(b) whether the chief executive became aware, before the death happened, of alleged harm or alleged risk of harm to the child or a sibling of the child and, if so—

(i) the identity of a notifier; and

(ii) other information about how or when the chief executive became aware;

(c) action taken by the chief executive, before the child’s death, relating to the child or a sibling of the child.

(3) The coroner or police officer to whom the information is given and anyone else to whom the information is subsequently given under this subsection—

(a) must not use or disclose the information other than—

(i) for a purpose of the coroner’s investigation; or

Example—

The coroner orders a doctor to perform an autopsy as part of the coroner’s investigation of the child’s death and, for that purpose, gives the information to the doctor. The doctor may include the information in the doctor’s autopsy report under the Coroners Act 2003 , section 25 .

(ii) in the case of a police officer—

(A) assessing whether the death should be reported to a coroner; or

(B) reporting the death to a coroner; or

(C) giving the information to a coroner to whom the death is being, or has been, reported; or

(iii) as otherwise required or permitted under this or another Act; and

(b) if the information includes the identity of a notifier, must not disclose the identity to anyone unless—

(i) for a disclosure by the coroner—the coroner is satisfied that disclosure of the identity is of critical importance for the investigation; or

(ii) for disclosure by anyone else—the disclosure is to a coroner or a coroner approves the disclosure on the basis mentioned in subparagraph (i) .

(4) In this section—

"child in care" means a child mentioned in the Coroners Act 2003 , section 9 (1) (d) .

"notifier" means a notifier under section 186 or the Public Health Act 2005 , section 196 .

"sibling" includes a half-sibling and a stepsibling.