Queensland Numbered Acts Queensland Numbered ActsChapter 8 , part 7A —
insert—
362MAA Application of division This division applies if personal information is collected—(a) by using a COVID-19 application in accordance with a requirement under this Act; or(b) other than by using a COVID-19 application, if—(i) under this Act, a person is required to collect, or make all reasonable efforts to collect, the personal information by using the COVID-19 application; and(ii) it is not possible for the person to collect the personal information by using the COVID-19 application.Example of a requirement under this Act—a requirement under a public health direction or a direction given under division 3
362MAB Definitions for division In this division—
"consent" means consent that is informed and in writing.
"contact tracing" means the process under this Act for preventing or minimising the transmission of COVID-19 by identifying, communicating with, assessing, managing or giving directions to—(a) persons who have, or may have, contracted COVID-19; or(b) persons who have, or may have, been exposed to COVID-19 by persons mentioned in paragraph (a); or(c) a provider, within the meaning of section 108A, in relation to a person mentioned in paragraph (a) or (b).
"COVID-19 application" see section 362MAC.
"disclose" includes give access to.
"information holder" means a person who collects personal information in circumstances mentioned in section 362MAA(b).
"parent" , of a child, includes a person having or exercising parental responsibility for the child.
"personal information" means information from which an individual’s identity is apparent or can reasonably be ascertained, and includes information about the individual’s health.Examples of personal information—an individual’s name or contact details or information about an individual’s presence at a place
"relevant information" means personal information in relation to which this division applies.
"relevant person" means—(a) any of the following persons who perform, or have performed, functions under or relating to the administration of this Act—(i) an authorised person;(ii) a contact tracing officer;(iii) an emergency officer;(iv) a health service employee;(v) a public service employee; or(b) a person who is or has been involved in the administration, management or monitoring of a COVID-19 application; or(c) an information holder.
"relevant provision" means each of the following provisions—(a) chapter 3, part 3;(b) section 346;(c) this part;(d) sections 363 and 364.
362MAC Meaning of COVID-19 application(1) The application used for the purpose of contact tracing, known as the Check In Qld app, is a
"COVID-19 application" .(2) Also, a regulation may prescribe another application to be a
"COVID-19 application" if the application is developed or used for—(a) the purpose of contact tracing; or(b) another purpose relating to the COVID-19 emergency that is prescribed by regulation for the application.(3) In this section—
"application" means an application or other program used on a device to display or store information electronically.
362MAD Relationship of division with other provisions(1) This division applies despite chapter 3, part 3, division 3.(2) Also, if a provision of this division is inconsistent with another provision of this Act or another law, the provision of this division prevails to the extent of the inconsistency.
362MAE Extraterritorial application of division It is the intention of the Parliament that this division have effect outside Queensland and in relation to persons outside Queensland.
362MAF Confidentiality of relevant information(1) This section applies to a relevant person who, in that capacity, has acquired or has access to relevant information.(2) The relevant person must not disclose the relevant information to anyone else, or use the relevant information, other than under this division.Penalty—Maximum penalty—100 penalty units.(3) Subsection (4) applies if the relevant person is an information holder.(4) The relevant person must take all reasonable steps to ensure a person who works at a business, activity or undertaking owned, controlled or operated by the relevant person does not disclose the relevant information to anyone else, or use the relevant information, unless the relevant information is disclosed—(a) at the request of the relevant person; and(b) for a purpose for which the relevant person may disclose the relevant information under section 362MAH(2)(a) or (b).Penalty—Maximum penalty—100 penalty units.
362MAG Disclosure or use by relevant persons other than information holders(1) This section applies to a relevant person, other than an information holder, who has acquired or has access to relevant information in that capacity.(2) The relevant person may disclose or use the relevant information—(a) to the extent the disclosure or use is for—(i) contact tracing or a purpose related to contact tracing, including, for example, ensuring the integrity or security of the relevant information; or(ii) if the relevant information is collected by using a COVID-19 application prescribed under section 362MAC(2) and a purpose is prescribed for the application under section 362MAC(2)(b)—the prescribed purpose; or(iii) ensuring a person’s compliance with obligations under a relevant provision; or(iv) investigating or prosecuting an offence against a relevant provision; or(v) deriving statistical or summary information; or(b) with the consent of—(i) the individual to whom the relevant information relates; or(ii) if the individual is unable to consent—a parent or legal guardian of the individual.(3) In this section—
"statistical or summary information" means statistical or summary information from which an individual’s identity is not apparent or can not reasonably be ascertained.
362MAH Disclosure by information holders(1) This section applies to a relevant person who—(a) is an information holder; and(b) in that capacity, has acquired or has access to relevant information.(2) The relevant person may disclose the relevant information—(a) to a relevant person mentioned in section 362MAB, definition
"relevant person" , paragraph (a), to the extent the disclosure is for—(i) contact tracing or a purpose related to contact tracing, including, for example, ensuring the integrity or security of the relevant information; or(ii) ensuring a person’s compliance with obligations under a relevant provision; or(iii) investigating or prosecuting an offence against a relevant provision; or(b) with the consent of—(i) the individual to whom the relevant information relates; or(ii) if the individual is unable to consent—a parent or legal guardian of the individual.
362MAI Limits on use of relevant information and derived evidence(1) Relevant information or derived evidence—(a) can not be accessed under any order, whether of a judicial or administrative nature, other than an order for the purpose of a relevant provision; and(b) is not admissible in any proceeding, other than a proceeding under a relevant provision.(2) A person can not be compelled to produce relevant information or derived evidence, or give evidence relating to relevant information or derived evidence—(a) in any proceeding, other than a proceeding under a relevant provision; or(b) in compliance with a requirement under an Act or legal process, other than a requirement relating to a proceeding under a relevant provision.(3) Subsections (1) and (2) do not apply if the information or evidence is accessed, admitted, produced or given with the consent of—(a) the individual to whom the relevant information relates; or(b) if the individual is unable to consent—a parent or legal guardian of the individual.(4) In this section—
"derived evidence" means any information, or document or other thing, obtained as a direct or indirect result of relevant information.
"order" includes—(a) a direction; and(b) a decision on an application under an Act for access to information or a document; andExample of an application for paragraph (b)—an application under the Information Privacy Act 2009 or the Right to Information Act 2009(c) another process.