Queensland Consolidated Acts

CHILD PROTECTION ACT 1999 - SECT 188D

188D Chief executive may give information about particular deceased persons

(1) This section applies if—

(a) in the course of performing functions under, or in relation to the administration of, this Act, the chief executive acquires information about a person; and

(b) at the time the chief executive acquires the information, the person is a child; and

(c) after the chief executive acquires the information, the person dies, whether or not the person is a child when the person dies.

(2) Subject to subdivision 1 , the chief executive may disclose the information to a parent of the deceased person.

(3) However, the chief executive must not disclose the information if—

(a) the chief executive reasonably believes the disclosure of the information is likely to adversely affect the safety or psychological or emotional wellbeing of any person; or

(b) the information—

(i) is the subject of legal professional privilege; or

(ii) identifies, or is likely to identify, its source and the identification of the source is likely to prejudice the achievement of the purposes of this Act; or

(iii) is a record of confidential therapeutic counselling, and the person to whom it relates does not consent to its disclosure; or

(c) the disclosure of the information could reasonably be expected to—

(i) prejudice the investigation of a contravention or possible contravention of a law in a particular case; or

(ii) prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of a law; or

(iii) enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of a law, to be ascertained.

(4) The chief executive may authorise the person to whom the information is disclosed to use or disclose the information, or give access to the information, to someone else.

Note—

Under section 188 , the person to whom the information is disclosed must not use, disclose or give access to the information unless it is authorised by the chief executive under this section.

(5) The chief executive may disclose the information subject to any other conditions the chief executive considers appropriate.