Version: 2.0
SMS-PR-037: Disclosing Student Personal Information to the Queensland Police Service
Outlines circumstances and protocols for disclosing student personal information to the Queensland Police Service for the purposes of assisting in averting a serious risk to the life, health or safety or a person, including the person to whom the information relates, or in the public interest (pursuant to section 426(4)(e) of the Education (General Provisions) Act 2006 (Qld))
Statement of intent
This procedure outlines the protocols for disclosing student personal information to the Queensland Police Service ('police') under section 426(4)(e)(i) and (ii) of the Education (General Provisions) Act 2006 (Qld)
('the Act').
There are also distinct provisions for disclosing student-related information to the police under the Child Protection Act 1999 (Qld)
.
Section 426 of the Act provides that employees who gain or have access to personal information about a student, must not make a record, use or disclose the information unless one of the exceptions set out in section 426(4) of the Act applies.
This procedure applies to all departmental employees and outlines the responsibilities of delegates under s.426(4)(e)(i) and (ii) of the Act.
The Director-General's power to release information under s.426(4)(e) is given to delegates of the Director-General.
Responsibilities
Delegates -
Section 426(4)(e)(i) Power to give written consent to recording, use or disclosure of personal information if reasonably satisfied it is necessary to assist in averting a serious risk to the life, health or safety of a person, including the person to whom the information relates.
-
-
may decide to release information to the police on their own initiative without a request when it is necessary to assist in averting a serious risk to the life, health or safety of a person, and records such a decision using section B of the
QPS-1 form
171k -
receive a written request for student
personal information from the police using section A of QPS-1 form outlining the relevant circumstances, including specific detail of dates, times, place and persons involved, a rationale detailing why the information is necessary to assist in averting a serious risk to the life, health or safety of a person and any additional
relevant information -
ensure the student/s concerned are sufficiently identified by the police or have specific identifying characteristics that will limit the information provided and ensure that section A of the QPS-1 form has been completed by police
-
release the information to the police in a timely manner if reasonably satisfied that the recording, use or disclosure of the information is necessary to assist in averting a serious risk to the life, health or safety of a person, including the person to whom the information relates
-
complete section B of the QPS-1 form documenting the decision making process and the reasons for the decision
-
ensure that all information disclosed to the police is recorded in section C of the QPS-1 form
-
file the form and copy of the information provided in a secure location.
-
Section 426(4)(e)(ii) Power to give written consent to recording, use or disclosure of personal information if reasonably satisfied it is in the public interest
-
-
may decide to release information to the police on their own initiative without a request when it is in the public interest, recording such a decision using section B of the
QPS-2 form
202k -
receive a written request for student personal information from the police using QPS-2 form outlining the relevant circumstances, including specific detail of dates, times, place and persons involved, and the rationale detailing why the information is the public interest
-
ensure the student/s concerned are sufficiently identified by the police or have specific identifying characteristics that will limit the information provided and ensure that section A of the QPS-2 form has been completed by police
-
release the information to the police in a timely manner if reasonably satisfied that the recording, use or disclosure of the information requested is in the public interest
-
complete section B of the QPS-2 form documenting the decision making process and the reasons for the decision
-
ensure that all information disclosed to the police is recorded in section C of the QPS-2 form
-
file the form and copy of the information provided in a secure location.
Contacts
For information about Disclosing Student Personal Information to the Queensland Police Service, please contact:
Document information
Approval record: 11/106378
Doc. Ref. 10/339495
Date of implementation: 2011-04-27 Date of publication: 2011-05-06 Date to be reviewed: 2013-04-18 This procedure replaces: - SMS-PR-037: Disclosing Personal Information to the Queensland Police Service - Version: 1.0
^ Top of page