Release of information from Queensland Police Service to the Office of Fair and Safe Work Queensland

Transcription

1 Release of information from Queensland Police Service to the Office of Fair and Safe Work Queensland Purpose To provide a reference point for the facilitation of the exchange of information between the Department of Justice and Attorney-General, Office of Fair and Safe Work Queensland (which incorporates Workplace Health and Safety Queensland and the Electrical Safety Office) and the Queensland Police Service. Background The Memorandum of Understanding (MOU) between the Queensland Police Service (QPS) and the Department of Justice and Attorney-General clarifies specific working arrangements between the agencies in relation to reporting and investigation of, and attendance at, workplace incidents and electrical incidents. It also provides specific information on the respective roles, responsibilities and obligations of Queensland Police Service officers and Fair and Safe Work Queensland officers. In addition to the MOU, QPS have an Operations Procedures Manual (OPM). Within this manual there are specific policies and procedures for the attending at incidents involving workplace or electrical incidents and the release of information between the agencies. Refer to attachments: Attachment 1 Attachment 2 Section Incidents involving Workplace Health and Safety Queensland or the Electrical Safety Office, OPM, Issue 37, June 2010 Section Requesting information from Workplace Health and Safety Queensland or the Electrical Safety Officer, OPM Issue 37, June 2010 Further to the QPS OPM and the MOU the State Coroner has authorised the release of any material to WHSQ which was obtained as part of a coronial investigation. This process will enables more timely investigations by both agencies and will limit the duplication of resources. The request for information is to be directed to the local attending QPS officer in the first instance. However, in the event of difficulties experienced by WHSQ in obtaining the required information from QPS the following process is to be followed: In relation to a fatal incident: 1. Inspector to raise issue with Regional Investigations Manager (RIM), including the name of the deceased, date of incident, the information sought and the avenues that have been unsuccessful; Last updated: 02 June 2011 Page 1 of 8

2 2. The Regional Investigations Manager (RIM) to The Office of the State Coroner, Coronial Support Unit In relation to a non-fatal incident: 1. Inspector to raise issue with RIM, including the name of the injured person, date of injury, the information sought and the avenues that have been unsuccessful; 2. The RIM is to the local QPS District Officer and highlight the appropriate section of the QPS OPM; 3. Only in the event of further difficulties, the RIM is to The Office of the State Coroner, Coronial Support Unit, QPSOfficeStateCoroner@police.qld.gov.au Last updated: 02 June 2011 Page 2 of 8

3 ATTACHMENT Incidents involving Workplace Health and Safety Queensland of the Electrical Safety Office (Department of Justice and Attorney-General) POLICY Officers are only to attend workplace or electrical incidents when: (iv) the incident involves a death or there is a likelihood of death resulting from injuries received; grievous bodily harm is caused or likely to be caused; the incident involves or may involve indictable criminal offences; or workplace health and safety or electrical inspectors request assistance. Workplace and electrical incidents are to be recorded in QPRIME (see QPRIME User Guide). Any investigations involving the Service and workplace health and safety inspectors or electrical inspectors are always to be conducted in liaison with any such inspector. Liaison is to include, informing the relevant inspector of the status of any investigations and prosecutions undertaken. Officers requiring information on the status of any investigation and prosecution undertaken by workplace health and safety inspectors or electrical inspectors are to contact the relevant inspector. If a crime scene is declared, officers are to allow workplace health and safety inspectors or electrical inspectors access to the scene when it is appropriate and safe to do so. In regional Queensland where a workplace health and safety inspector or electrical inspector may be unable to attend the workplace or electrical incident site within a reasonable time, officers are to undertake preliminary investigations on behalf of the relevant inspector if requested. Preliminary investigations may include the collection of photographs of the scene, witness statements, collection of evidence and notations on observations of the scene. What constitutes a reasonable time will depend on the individual circumstances of the incident and location. In relation to investigating workplace or electrical incidents, both the Service and workplace health and safety inspectors and electrical inspectors have the powers where property relating to the investigation may be seized as evidence. When officers seize property as evidence relating to a workplace electrical incident, reasonable access to the evidence is to be granted to the a workplace health and safety inspectors or electrical inspectors when requested. Officers wanting to access exhibits held by a workplace health and safety inspectors or electrical inspectors are to contact the relevant inspector. Evidence seized from a workplace or electrical incident may require an external examination or test to be performed for investigative or court purposes. If the Service requires an examination, the Service is to pay the associated costs. If workplace health Last updated: 02 June 2011 Page 3 of 8

4 and safety inspectors or electrical inspectors require an external examination, the costs are to be met by their agency regardless of the fact the Service may hold possession of the evidence. If the Service, workplace health and safety inspectors and/or electrical inspectors require an external examination on any evidence, the cost may be shared between agencies. Workplace health and safety inspectors have been granted powers to enter, search, inspect, remove items, make enquiries and seize evidence at workplaces under the Workplace Health and Safety Act. Electrical inspectors have similar powers under the Electrical Safety Act. Where a workplace health and safety or electrical inspector seeks assistance from the Service to exercise these powers, police are to assist. Officers are to comply with s. 16 Helping public officials exercise powers under other Acts of the Police Powers and Responsibilities Act when assistance is requested. In relation to the investigation of workplace incidents, it is intended that the Service and Workplace Health and Safety Queensland and the Electrical Safety Office share information collected in the course of any investigation. For the limited purposes of that information sharing only, Workplace Health and Safety Queensland and the Electrical Safety Office are defined as a law enforcement agency (see Definitions ). To this extend, when requesting information from Workplace Health and Safety Queensland and the Electrical Safety Office, officers are to comply with s : Requesting information from Workplace Health and Safety Queensland or the Electrical Safety Office of this chapter. In the course of an investigation of a workplace or electrical incident, workplace health and safety inspectors or electrical inspectors may request information held by the Service. Information held by the Service must be accessed for official purposes only. Material relating to an investigation that may be requested includes: (iv) (v) (vi) (vii) witness statements; photographs of the scene; sketches and notes made at/of the scene; police officer s statements; measurements and other tests/examinations performed; any other facts relating to the incident; documents obtained that are required to be kept under the Service policy, procedures or legislation; (viii) legal, statutory or other privileged documents, e.g. expert reports; (ix) commercially sensitive material, e.g. tender documents, projects specifications, contracts and safety plans; Last updated: 02 June 2011 Page 4 of 8

5 (x) (xi) documents that have been received from another department or agency; and documents that contain statements provided In confidence, e.g. where a person wants their confidentiality to be maintained. PROCEDURE Generally, any material that contains facts relating to a workplace or electrical incidents investigation (items listed from above to (vi)) can be forwarded directly through the officer in charge of the station or establishment to the workplace health and safety inspector or electrical inspector requesting the material. If information sought by Workplace Health and Safety Queensland or the Electrical Safety Office is confidential, likely to impact on Service operations in some adverse manner or subject to legal, statutory or other privilege, (material in items (vii0 to (xi) above) or in the situation where the Service is the employer in relation to the workplace or electrical incident the officer in charge of the region or command must give approval for the information to be released. When supplying information to the Workplace Health and Safety Queensland or the Electrical Safety Office, officers are to comply with s : Requests for information from other law enforcement agencies of this manual. Form QP 0657: Processing information request from WPH&S and ESO in QPRIME, is to be used when processing a request fro Service information from Workplace Health and Safety Queensland or the Electrical Safety Office (available on QPS Forms Select). Form QP 0657 and other documents may be added on QPRIME where the incident is recorded in QPRIME (see QPRIME User Guide). For further information in relation to first response procedures and investigation of workplace or electrical incidents see s : Workplace or electrical incidents causing grievous bodily harm or death, of this Manual. See also s. 21.4: Notification, Recording, Reporting and Investigation of Work-Related Incidents and Injuries of the Human Resource Management Manual. Last updated: 02 June 2011 Page 5 of 8

6 Requesting information from the Workplace Health and Safety Queensland or the Electrical Safety Officer (Department of Justice and Attorney-General) Workplace Health and Safety Queensland The Department of Justice and Attorney-General administers the workplace health and safety program through Workplace Health and Safety Queensland. The responsibilities of the unit are to: provide information and education; maintain a workplace health and safety regulatory framework that meets the needs of industry and government; and ensure compliance within a regulatory framework. The Workplace Health and Safety Act is enforced by inspectors from Workplace Health and Safety Queensland. Inspectors are appointed under the Workplace Health and Safety Act, and are based in 20 regional offices throughout Queensland (see Contact Directory) and spend a large proportion of their time visiting workplaces in all sectors of industry. Primarily the role of an inspector involves monitoring and ensuring compliance with workplace health and safety legislation. It is also the role of an inspector to provide information and ensure obligation holders comply with their legislative requirements. Inspectors visit workplaces fro a variety of reasons including to: (iv) (v) investigate workplace incidents; investigative reports of unsafe or unhealthy conditions and dangerous work practices; assess workplace health and safety risks to workers and members of public; conduct workplace health and safety audits; and provide information and advice on the legislation Information available to be accessed from the Workplace Health and Safety Queensland includes confidential information pursuant to; the Workplace Health and Safety Act and Regulations; and advisory standards and industry codes of practice. Electrical Safety Office Last updated: 02 June 2011 Page 6 of 8

7 The Department of Justice and Attorney-General, Electrical Safety Office is responsible for developing and enforcing standards for electrical safety and promoting strategies for improved electrical safety performance across the community. The Electrical Safety Office facilitates socially responsible and safe electrical industry practices by: developing and implementing electrical safety legislation, standards and initiatives; (iv) (v) (vi) (vii) enforcing the electrical safety legislation; investigating electrical incidents, complaints and unlicensed and unsafe electrical work; approval and registration of electrical equipment; administering a licensing regime; providing information products, education and advisory services; and promoting the safe use of electricity within the community. The Electrical Safety Act establishes the legislative framework for electrical safety in Queensland and is supported by the Electrical Safety Regulation and three Codes of Practice. The Electrical Safety Act is enforced by inspectors from the Electrical Safety Office. Inspectors are appointed under the Act, and are based in 20 regional offices throughout Queensland and one office in Brisbane city (see Contact Directory). Primarily the role of an inspector involves monitoring and ensuring compliance with electrical safety legislation. It is also the role of an inspector to provide information and ensure obligation holders comply with legislative requirements. Information available to be accessed from Electrical Safety Office includes confidential information pursuant to: the Electrical Safety Act and Regulation; and advisory standards and industry codes of practice. POLICY In the course of an investigation of a workplace or electrical incident, officers may find it necessary to request information from Workplace Health and Safety Queensland or the Electrical Safety Office. Information held by Workplace Health and Safety Queensland or the Electrical Safety Office must be accessed for official purposes only. Material relating to an investigation that may be requested includes: (xii) witness statements; Last updated: 02 June 2011 Page 7 of 8

8 (xiii) photographs of the scene; (xiv) (xv) (xvi) sketches and notes made at/of the scene; workplace health and safety inspector s statements; electrical inspector s statements; (xvii) measurements and other tests/examinations performed; (xviii) documents obtained that are required to be kept under the Workplace Health and Safety Act or Electrical Safety Act; (xix) (xx) (xxi) any other facts relating to the incident; legal, statutory or other privileged documents, e.g. expert reports; commercially sensitive material, e.g. tender documents, projects specifications, contracts and safety plans; (xxii) documents that have been received from another department or agency; and (xxiii) documents that contain statements provided In confidence, e.g. where a person wants their confidentiality to be maintained. PROCEDURE Officers requesting information from Workplace Health and Safety Queensland or the Electrical Safety Office are to complete a form QP 0658 Request Information from WPH&S or ESO available in QPS Forms Select and obtain authorisation from the officer in charge of their station or establishment. Where authorisation is granted, transmit the request: for material that includes documents to (viii) of the list above, to the appropriate Workplace Health and Safety Queensland or the regional or city Electrical Safety Office (see Contact Directory) by facsimile; and for material that includes documents (ix) to (xii) of the list above, to the Regional Investigation Manager, Regional Services Branch, Workplace Health and Safety Queensland (see Contact Directory) by facsimile. For further information in relation to workplace or electrical incidents, their investigation and the sharing of information, see s : Incidents involving Workplace Health and Safety Queensland or the Electrical Safety Office (Department of Justice and Attorney-General) of this chapter. Last updated: 02 June 2011 Page 8 of 8