When do the privacy principles not apply - law enforcement agencies

In some circumstances the Information Privacy Act 2009 (Qld) (IP Act) recognises that it is appropriate for agencies not to comply with the privacy principles. It creates a number of exceptions to, and exemptions from, the obligation to comply with the privacy principles. In some circumstances the privacy principles will not apply to law enforcement agencies. These circumstances are set out in Section 29 of the IP Act.

Law enforcement agencies

29 Special provisions for law enforcement agencies

(1) A law enforcement agency is not subject to IPP 2, 3, 9, 10 or 11, but only if the law enforcement agency is satisfied on reasonable grounds that noncompliance with the IPP is necessary for—
(a) if the enforcement agency is the Queensland Police Service—the performance of its activities related to the enforcement of laws; or
(b) if the enforcement agency is the Crime and Misconduct Commission—the performance of its activities related to the enforcement of laws and its intelligence functions; or
(c) if the enforcement agency is the community safety department—the containment, supervision and rehabilitation of offenders under the Corrective Services Act 2006 and the supervision of prisoners subject to supervision orders or interim supervision orders under the Dangerous Prisoners (Sexual Offenders) Act 2003; or
(d) if the enforcement agency is any other law enforcement agency—the performance of its responsibility mentioned in schedule 5, definition of law enforcement agency, paragraph (b)(iv), including the conduct of proceedings started or about to be started in a court or tribunal in relation to the responsibility.

(2) In this section—
intelligence functions means the functions mentioned in the Crime and Misconduct Commission Act 2001, section 53.

What is a Law Enforcement Agency?

Law enforcement agency is defined in schedule 5, law enforcement agency, paragraph (b) as:

(i) the Queensland Police Service under the Police Service Administration Act 1990 (Qld); or
(ii) the Crime and Misconduct Commission under the Crime and Misconduct Act 2001 (Qld); or
(iii) the community safety department; or
(iv) any other agency, to the extent it has responsibility for—

A. the performance of functions or activities directed to the prevention, detection, investigation, prosecution or punishment of offences and other breaches of laws for which penalties or sanctions may be imposed; or

B. the management of property seized or restrained under a law relating to the confiscation of the proceeds of crime; or

C. the enforcement of a law, or of an order made under a law, relating to the confiscation of the proceeds of crime; or

D. the execution or implementation of an order or decision made by a court or tribunal.

Application of section 29

The law enforcement functions of the Queensland Police Service are detailed in the Acts which apply to its establishment and functions, such as the Police Powers and Responsibilities Act 2000 (Qld), and its internal policies, practices and standards. 

The law enforcement functions of the Crime and Misconduct Commission are detailed in the Acts which apply to its establishment and functions, such as the Crime and Misconduct Act 2001 (Qld), and its internal policies, practices and standards.

Activities relating to the containment, supervision and rehabilitation of offenders under the Corrective Services Act 2006 (Qld) and the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) can be determined by reference to those Acts, and to related legislation and policies, procedures and standards of the Department of Community Safety.

Any agency which has responsibility for the matters outlined in (d) or the definition of law enforcement agency, namely:

• the performance of functions or activities which are directed towards the prevention, detection, investigation, prosecution or punishment of offences and other breaches of laws for which penalties or sanctions may be imposed 
• the management of property seized or restrained under a law relating to the confiscation of the proceeds of crime
• the enforcement of a law, or of an order made under a law, relating to the confiscation of the proceeds of crime
• the execution or implementation of an order or decision made by a court or tribunal.