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CHILD PROTECTION ACT 1999 - SECT 188A
Police use of confidential information
188A Police use of confidential information
(1) This section applies if a police officer acquires information as provided
for in section 187 (1) .
(2) The officer, and any other police officer to
whom the information is disclosed under this section, may use the information
to the extent necessary to perform his or her functions as a police officer.
(3) A police officer must not use the information under this section for an
investigation or for a proceeding for an offence unless the officer, or
another police officer, has consulted with the following entities about the
proposed use— (a) the chief executive;
(b) if the information was acquired
under chapter 5A , part 3 , from a member of the SCAN system—the member;
(c) if the information was acquired from a prescribed entity under chapter 5A
, part 4 —the prescribed entity.
(4) The purpose of a consultation under
subsection (3) is to consider whether the proposed use of the information for
the investigation or proceeding would be in the best interests of any child.
(5) Subsection (3) does not apply— (a) if the information concerns an
offence committed against a child; or
(b) to the extent that the police
officer needs to use the information immediately to perform the officer’s
functions as a police officer.
(6) This section applies subject to
subdivision 1 .
(7) In this section—
"information" includes a document.
"use" — (a) in relation to information, includes disclose; and
(b) in
relation to a document, includes give access to.
Note— Section 248B also
requires a police officer to consult with the chief executive about particular
investigations and proceedings.
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