Queensland Consolidated Acts

YOUTH JUSTICE ACT 1992 - SECT 295

295 Disclosure by police of information about cautions and restorative justice process referrals and restorative justice agreements

(1) This section applies if the confidential information is information that identifies a child, or is likely to lead to the identification of a child, as a child who—

(a) is to be or has been cautioned for an offence; or

(b) has been referred to a restorative justice process; or

(c) has made a restorative justice agreement.

(2) A member of the police service may disclose the information to—

(a) a parent of the child; or

(b) a complainant for the offence; or

(c) the chief executive; or

(d) a member of a police service of the Commonwealth or another State dealing with the child; or

(e) a lawyer acting for the child; or

(f) a person who has the function of investigating offences under an Act and who is dealing with the child.

(3) Subsection (2) (d) applies to information that is inadmissible in a proceeding against the child in Queensland only if the information is also inadmissible in a proceeding against the child in the Commonwealth or other State.

(4) Also, a member of the police service may disclose the information to a person undertaking research if—

(a) the research has been approved by the commissioner of the police service for the purpose of the disclosure; and

(b) the person gives a written undertaking to preserve the confidentiality of the information and the anonymity of the person to whom the information relates.

(5) A person to whom information is disclosed under subsection (4) must not contravene the undertaking.

Penalty—

Maximum penalty (subject to part 7 )—100 penalty units or 2 years imprisonment.

(6) The commissioner of the police service may approve research for subsection (4) if the commissioner is satisfied the research is genuine.