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

LEA-2: Request from a law enforcement agency (LEA) to release personal

information when reasonably satisfied the disclosure is necessary for the
prevention, detection, investigation, prosecution or punishment of a criminal offence
or a breach of a law imposing a penalty or sanction
in accordance with s.426 (4A) of the Education (General Provisions) Act 2006 (Qld) (EGPA) and Information
Privacy Principle 11(1)(e)(i) of the Information Privacy Act 2009 (Qld) (IPA)

Section A – 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 reasonably necessary for the prevention, detection,
investigation, prosecution or punishment of a criminal offence or a breach of a law imposing a penalty or sanction
(s.426 (4A) of the EGPA and/or Information Privacy Principle 11(1)(e)(i) of the IPA).

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 s.426 (4A) of the EGPA and/or Information Privacy
Principle 11(1)(e)(i) of the IPA.

LEA supervising officer signature: Date:      

Information and reason for request

What is being investigated?
Precisely what information is required?
Why the information is necessary for the prevention, detection, investigation, prosecution or punishment of a criminal offence or
a breach of a law imposing a penalty or sanction?
     

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Send to relevant Department of Education and Training (DET) employee

Name:      

Position:      

Contact details
See relevant school website at https://schoolsdirectory.eq.edu.au/wcis/search or refer to the departmental
website at http://education.qld.gov.au/.

Email:       Phone:      

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Section B – To be completed by a DET delegated officer or authorised officer only

DET staff must not disclose personal information unless the exception in s.426 (4A) of the EGPA applies OR the exception in
Information Privacy Principle 11(1)(e)(i) of the IP Act 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 s.426 (4A) of the EGPA or Information Privacy Principle
11(1)(e)(i) of the IP Act. Refer to ‘Instructions for DET staff’ for more 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 (4A) of the EGPA and/or Information Privacy Principle 11(1)(e)(i) of the IPA.
OR
I am not reasonably satisfied that the information requested should be disclosed to the LEA in accordance with
s.426 (4A) of the EGPA and/or Information Privacy Principle 11(1)(e)(i) of the IPA.

Information disclosed

Attach copy of information if not enough space here

     

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DET delegated officer or authorised officer

Name:       Position:      

I am a delegated officer for the purposes of s.426 (4A) of the EGPA.

AND/OR
I am an authorised officer for the purposes of Information Privacy Principle 11(1)(e)(i) of the IPA.

DET delegated officer or authorised officer signature: Date:      

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

Instructions for law enforcement agency

1. The information in the request form must be sufficient to satisfy s.426 (4A) of the Education (General
Provisions) Act 2006 (when the request relates to student personal information) OR Information Privacy
Principle 11(1)(e)(i) of the IPA (when the request relates to non-student personal information), and enable
DET staff to make an informed decision to release the information sought. However the request should
not compromise the operational integrity of the investigation.
a. For example, it is appropriate to say ‘to identify witnesses for investigations into a sexual assault which
occurred on a bus on the afternoon of 5 December 2015’ but inappropriate to mention intimate details
of a child victim.
b. For example, ‘break and enter investigation’ is insufficient however ‘conducting enquiries to ascertain if
a student XXXX of your school can assist with inquiries concerning the investigation of a break and
enter on 5 December 2015 at Chermside’ is appropriate.
2. The request must be signed by the requesting officer and a supervising officer of at least the rank of
Senior Sergeant.
3. Fax or email pages one and two ONLY of this document.
The EGPA can be found at: https://www.legislation.qld.gov.au/view/html/inforce/current/act-2006-039
The IP Act can be found at: https://www.legislation.qld.gov.au/view/html/inforce/current/act-2009-014.

Instructions for DET staff

Delegation
Only nominated DET staff are delegates and/or authorised officers of the Chief Executive (Director-General) and may
exercise the Chief Executive’s powers under s.426 (4A) of the EGPA and/or Information Privacy Principle 11(1)(e)(i)
of the IPA (subject to any limitations imposed in the delegation).
Lists of the Director-General’s delegations and authorisations under the EGPA and IPP are available on the
department’s website at http://ppr.det.qld.gov.au/pif/authorities/Pages/default.aspx.
What is a criminal offence?
In Queensland, criminal offences are defined in the Criminal Code Act 1899 (Qld). Section 3 states that offences are
of two kinds, regulatory and criminal, with criminal offences being made up of three different kinds: crimes,
misdemeanours, and simple offences. If an offence is not designated as a crime or a misdemeanour then it is a
simple offence.
Many of the offences in legislation other than the Criminal Code, such as the Vegetation Management Act 1999 (Qld)
or the Animal Care and Protection Act 2001 (Qld), are simple offences, and as such are criminal offences.
If there is uncertainty, the LEA should request details about the offence to enable a decision to be made as to whether
or not it is a criminal offence.
Law imposing a penalty
If the offence is not a criminal offence but it still imposes a monetary penalty – most likely by way of specifying a
number of penalty units as the maximum payable – then it is a law imposing a penalty.
Who is a member of a law enforcement agency?
Under s.426 (4A) of the EGPA and Information Privacy Principle 11(1)(e)(i) of the IP Act disclosure of personal
information to a law enforcement agency is permitted by delegated and/or authorised 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.

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

Satisfied on reasonable grounds that the use or disclosure is necessary

You must be satisfied on reasonable grounds that the personal information is necessary for one or more of the
purposes listed in s.426 (4A) of the EGPA or Information Privacy Principle 11(1)(e)(i) of the IP Act. This requires you to
consider whether the use or disclosure will actually assist in one of the purposes listed in s.426 (4A) of the EGPA or
Information Privacy Principle 11(1)(e)(i) of the IP Act.
Under s.426 (4A) of the EGPA and Information Privacy Principle 11(1)(e)(i) of the IP Act you are not authorised to
simply hand over the information. A judgement must be made as to whether the disclosure is necessary in the
circumstances.
Generally you 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 the personal information reasonably necessary.
The personal 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, the offence 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 of personal information or personal information of a
sensitive nature
 whether it is more appropriate, given the amount and sensitivity of the personal information, to wait for a warrant
or other legal authority to be produced.

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