Relevant persons

Purpose

To provide for the management of “relevant persons” including a process that incorporates guidelines for assessing the suitability of persons to be, or continue to be, relevant persons.

1. Definitions

“Relevant person” – refer Corrective Services Act 2006 (CSA) s 327.

“Charge” of an offence – refer CSA s 327.

“Criminal information” -refer CSA s 334(2).

“Other information in the Chief Executive’s possession” means information concerning the person and that is held by, or provided to, Queensland Corrective Services.

2. Process

Refer CSA ss 326, 334-336; Instrument of Delegation of Chief Executive Powers – Corrective Services Act 2006 (in-confidence).

The chief executive or delegate must assess a person’s suitability to be, or continue to be, a relevant person.

3. Use of Relevant Information

Refer CSA ss 336, 340.

Information relating to relevant persons must not be used for any purpose other than for assessing the person’s suitability to be, or continue to be, a relevant person.

When making an assessment, the chief executive or delegate must have regard to the following matters concerning the commission, or alleged possible commission, of an offence by the person –

1. when the offence was committed, is alleged to have been committed, or may possibly have been committed;
2. the nature of the offence and its relevance to –
   1. for a person mentioned in s 327(a)(i),(ii) or (iii) – the person’s proposed duties under the Act; or
   2. for a person mentioned in s 327(b) – any risk posed to the security or good order of a corrective services facility;
3. anything else the chief executive or delegate considers relevant to the assessment of the person.

In addition to the requirements of CSA s 336, the principles and guidelines as specified in the appendix – Guidelines for Assessing Suitability – Relevant Persons (CSA s 340) must underpin any assessment process.

4. Conducting an assessment

Where criminal information or other information in the chief executive’s possession is identified for a relevant person, full details must be immediately referred to the chief executive or delegate for an assessment to be conducted as to the person’s suitability to be, or continue to be, a relevant person.

In accordance with CSA s 337, where the chief executive or delegate considers that any or all of the information may result in a negative determination being made (ie that the person will not be granted a waiver) then before making any assessment, the information must be disclosed to the person together with reasons as to why a negative assessment may result, and the person must be given a reasonable opportunity to make representations about the information. In such cases, written notice must be provided to the person, inviting him/her to make a written submission concerning the information, and allowing a period of 14 days in which to respond.

If the person elects to make representations, the chief executive or delegate must consider the information supplied by the person prior to conducting an assessment and making a recommendation as to the person’s suitability to be, or continue to be, a relevant person. Representations received outside the 14-day timeframe, without reasonable excuse, will not be considered.

To assist in conducting an assessment, making a recommendation, and/or making a determination, the chief executive or delegate may consult with any other person from whom it is considered useful information might be obtained, but in doing so must have due regard to privacy principles, where appropriate (refer Information Standard 42 – Information Privacy).

In accordance with CSA s 338, where a negative decision as to the person’s suitability is made, written notice of the decision must be given to the person as soon as practicable, including advice that he/she may, within seven (7) days of being given notice of the decision, apply in writing to the chief executive or delegate for a reconsideration of the decision.

Upon receiving a written request for a reconsideration of a decision, the chief executive or delegate must examine all the information considered by the decision maker in reaching the original decision and review how this procedure, including the appendix – Guidelines for Assessing Suitability – Relevant Persons, was applied in the particular case. The chief executive or delegate conducting the review must then either confirm or change the decision and notify the person of the determination as soon as practicable.