PRIVATE AND CONFIDENTIAL–FOR THE USE OF LAW ENFORCEMENT AGENCY AND DET STAFF

LEA-1: Request from a law enforcement agency (LEA) to release student personal information to assist in averting a serious risk to the life, health or safety of a person OR where the disclosure is in the public interest

in accordance with ss.426(4)(e)(i) and (ii) of the Education (General Provisions) Act 2006(Qld)(EGPA)

SectionA– To be completed by the law enforcement agency

QPRIME Reference:
LEA requesting officer
Name: / Rank: / Registered No.:
Station: / Region: / District:
Email: / Phone: / Fax:
I certify that disclosure of the information requested :
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 (s.426(4)(e)(i)of the EGPA);
OR
is in the public interest(s.426(4)(e)(ii) of the EGPA).
LEA requesting officer signature: / Date:
LEA supervisor authorisation (S/Sgt or higher rank)
Name: / Rank: / Registered No.
Station: / Region: / District:
I certify this information is reasonably necessary pursuant to ss.426 (4)(e)(i) or (ii) of the EGPA.
LEA supervising officer signature: / Date:
Information and reason for request
Why is disclosure of the information necessary?
Precisely what information is required?
Why the information is necessary for one of the purposes outlined above?
Sendto relevant Department of Education and Training (DET) employee
Name:
Position:
Contact details
See relevant school website at or refer to the departmental website at
Email: / Phone:

SectionB– To be completed by aDET delegated officer only

DET staff must not disclose personal information unless the exception in ss.426 (4)(e)(i) or (ii) of theEGPA applies. DET staff will assess on a case by case basis whether an exception applies. Certain DET staff may disclose information, if satisfied on reasonable grounds, that the disclosure of information is necessary for one or more of the reasons outlined in ss.426 (4)(e)(i) or (ii) of the EGPA. Refer to ‘Instructions for DET staff’ for further information.
Details of request received
DET receiving officer:
Date request received:
Record of decision
Decision:
Personal information will be disclosed(copy of information disclosed to be attached to this form).
OR
Personal information will not be disclosed.
Reasoning for decision:
I am reasonably satisfied that the information outlined below should be disclosed to the LEA in accordance with:
s.426(4)(e)(i)of the EGPA OR
s.426 (4)(e)(ii)of the EGPA.
OR
I am notreasonably satisfied that the information requested should be disclosed to the LEA in accordance with:
s.426 (4)(e)(i) of the EGPA OR
s.426 (4)(e)(ii) of the EGPA.
Information disclosed
Attach copy of information if not enough space here
DET delegated officer
Name: / Position:
I am a delegated officer for the purposes of s.426(4)(e)(i) of the EGPA.
OR
I am a delegated officer for the purposes of s.426(4)(e)(ii) of the EGPA.
DET delegated officer signature: / Date:

Instructionsfor law enforcement agency

1. The information in the requestformmustbe sufficientto satisfys.426 (4)(e)(i) or (ii) of the Education (General Provisions) Act 2006(Qld), and enable DET stafftomake an informed decision to release theinformation sought.

2. The requestmustbe signed by the requesting officer and by a supervising officer of at least the rank of Senior Sergeant.

3. Faxoremail pages one and two ONLYofthisdocument.

The EGPA can be found at:

Instructions for DET staff

Delegation

Only nominated DET staff are delegates of the Chief Executive (Director-General) and may exercise the Chief Executive’s powers under ss.426 (4)(e)(i) or (ii)of the EGPA(subject to any limitations imposed in the delegation).

A list of the Director-General’s delegations under the EGPA is available on the department’s website at:

Guidelines for determining ‘serious risk to the life, health or safety of a person’

A disclosure of personal information on this basis should be made only in emergency situations. The risk must be significant and require disclosure of information to assist in averting the risk of bodily injury, illness, death or a threat to a person’s safety. The threat does not have to apply to an identifiable person and could be a threat to the public generally.

Guidelines for assessment of the ‘public interest’

The term ‘public interest’ has no fixed meaning. What is ‘in the public interest’ will vary according to the circumstances. For example, sometimes the public interest in the freedom of the media will be great, such as in the case of political discussion. However, sometimes the public interest in the freedom of the media will need to be weighed up against the public interest in protecting privacy, such as publishing details about children who may have been victims of abuse.

Public interest considerations should be weighed up and considered in light of the right of a student to have the confidentiality of her/his personal information protected. Privacy is recognised as an important human right and social value. In determining the public interest, the decision maker must keep in mind that the primary object of s.426 of the EGPA is to protect the disclosure of personal information. ‘The scales’ are effectively balanced in favour of protecting the confidentiality of personal information about a student. Further, the decision maker must bear in mind that DET is committed to protecting privacy and the confidentiality and security of information.

‘Public interest’ may be an interest common to the public at large or a section of the public.

This means that the person requesting disclosure must provide detailed information justifying their request so the decision maker is in a position to weigh the competing interests. Failure to provide this information may result in the balance remaining in favour of preserving confidentiality.

Also, to establish the meaning of ‘public interest’ for the purposes of s.426 of the EGPA, the objects of the EGPA should be taken into consideration, such as the object to make available a high quality education that will help maximise each child’s educational potential and enable them to become effective and informed members of the community.

Who is a member of a law enforcement agency?

Under ss.426 (4)(e)(i) or (ii)of the EGPA disclosure of personal information to a law enforcement agency is permitted by delegated officers if the information is necessary for the enforcement agency’s law enforcement functions. For the purpose of this form this includes the members of the Queensland Police Service, Australian Federal Police and the police forces of the States and Territories. Legal and Administrative Law Branch should be consulted in respect to requests for information from any other parties.

Satisfied on reasonable grounds that the use or disclosure is necessary

You must be satisfied on reasonable grounds that thepersonal information is necessary for one or more of the purposes listed in ss.426(4)(e)(i) or (ii) of the EGPA. This requires you to consider whether the use or disclosure will actually assist in one of the purposes listed in ss. 426(4)(e)(i) or (ii) of the EGPA.

Under ss.426(4)(e)(i) or (ii) of the EGPAyou are not authorised to simply hand over the information. A judgement must be made as to whether the disclosure is necessary in the circumstances.

Generallyyou must:

  • be satisfied that there is a link between the proposed disclosure and the enforcement or protection activities
  • establish that the link is sufficient to make the disclosure of thepersonal information reasonably necessary.

Thepersonal information need not be essential or critical to the activity, but it must be more than just helpful or expedient.

You must be satisfied on reasonable grounds. This means you must consider the circumstances and the information in question to decide whether the disclosure is necessary.

Relevant considerations are:

  • whether the requesting officer has been identified as a legitimate officer, and has provided their details, including work unit and supervisor
  • the reason for the request – you should establish what is being investigated, at least in broad terms, and why the information is necessary
  • whether you have the contact details of a senior officer, who can verify that the investigation is legitimate, especially where the request involves a large amount ofpersonal information orpersonal information of a sensitive nature
  • whether it is more appropriate, given the amount and sensitivity of thepersonal information, to wait for a warrant or other legal authority to be produced.

Uncontrolled copy. Refer to the Department of Education andTraining Policy and Procedure Register at

to ensure you have the most current version of this document. Page 1 of 6