Disclosing Student Personal
Information to a Law
Enforcement Agency
Sample responses to situations involving disclosing personal information
Section 426 (4) (e) (i) of the Education (General Provisions) Act 2006 (Qld)
Information disclosure is necessary to assist in averting a serious risk to the life, health or safety of a
person.
Scenario one
Over the weekend student A has posted a photograph of a weapon on Facebook alongside threats to
kill teacher X on Monday. Student B reported this to police, who contact the principal requesting the
full name, address, contact and family details of student A.
Response
Principal initiated disclosure
Prior to any request from the police, if the principal, as the Chief Executive’s delegate, assesses
information to be necessary to assist in averting a serious risk to the life, health or safety of a person,
including the person to whom the information relates, the principal may decide to release the
information on their own initiative prior to the police request, using section B of the LEA-1 form.
Police initiated disclosure
If a request is made by the police, upon receipt of the LEA-1 form from police, the principal will
ensure that the student concerned is sufficiently identified, and ensure that section A of the LEA-1
has been completed, including a rationale as to why the disclosure of information is necessary to
avert a risk. When the principal is satisfied that the disclosure of information is necessary, the
principal completes section B of the LEA-1 including a rationale as to why the information is required
to be disclosed and detailing exactly what information has been disclosed.
In both cases the principal is to file the form and copy of the information provided in a secure location.
Scenario two
Police have been contacted by Kids HelpLine who are concerned for the wellbeing of a person
(apparently a State school student) who has anonymously contacted them through the internet.
Police have identified the IP address as one from the department. Police contact the IT branch of the
department and are urgently seeking the personal information of the user with the IP address to
identify the person and to prevent any potential harm to the student.
Response
ITB delegate would ask police to complete section A of the LEA-1, with enough identifying
information on student and a rationale for the use of the information.
If the delegate is satisfied that the disclosure of student’s personal information is necessary to avert a
risk, to the life, health or safety of the student, the delegate completes section B of the LEA-1,
including a rationale as to why the information is required to be disclosed and detailing exactly what
information has been disclosed about the student.
Uncontrolled copy. Refer to the Department of Education, Training and Employment
Policy and Procedure Register at http://ppr.det.qld.gov.au to ensure you have the most current version of this document.
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The principal is to file the form and copy of the information provided in a secure location.
Section 426 (4) (e) (ii) of the Education (General Provisions) Act 2006 (Qld)
Scenario three
The operator of a school bus company contacts the school Principal in respect of an incident that
occurred on the bus. One of his drivers was allegedly assaulted by a student of the Principal’s school.
The operator would like the student’s parental details and address for the purposes of communicating
with the student’s parents for the purposes of the Code of Conduct for School Students Travelling
on Buses.
Response
The Principal asks the operator to complete Section A of LEA-1.
The principal’s delegation to release information in the public interest may be exercised only within
the principal’s area of administrative responsibility (i.e. in relation to enrolled students, formerly
enrolled students or prospective students of his/her school or in relation to his/her school premises).
The principal is to use the information provided by the operator in section A of the LEA-1 form to
determine the identity and status of the students.
The principal considers whether the request meets the criteria for disclosure in the public interest (in
this case the operator’s request seems consistent with the departmet’s expectations outlined in
procedure Release of Personal Student Information to Operators of School Bus Services, he is
investigating misconduct on a school bus for the prurposes of the Code of Conduct for School
Students Travelling on Buses and he has indicated that he cannot locate the Student to continue
his investigation without the assistance of the school). If satisfied, the principal completes section B of
the LEA -1, including the rationale as to why the information has been disclosed and detailing exactly
what information has been disclosed.
The principal is to file the form and copy of the information provided in a secure location.
Scenario Four
The P&C would like to publish and distribute a booklet to celebrate the school’s 50th anniversary. The
P&C asks the principal to provide the names and photographs of all current and former students of
the school for inclusion in the booklet.
Response
The Principal asks the P&C to complete section A of the LEA-1.
The principal’s delegation to release information in the public interest may only be exercised in
relation to former students’ personal information. For current students, specific informed consent
must be obtained from the student/ parent (whichever is appropriate) before their personal
information is released.
The principal considers whether the request meets the criteria for disclosure in the public interest (in
this case the request relates to a booklet that is being published by the P&C and not the school, so
the booklet cannot be considered an official school publication and the principal will not have the
delegated authority to disclose former students’ personal information). If the principal is not satisfied
he/she has the delegated authority to disclose the requested information to the P&C, the principal
completes section B of the LEA–1 with a rationale explaining why.
Uncontrolled copy. Refer to the Department of Education, Training and Employment
Policy and Procedure Register at http://ppr.det.qld.gov.au to ensure you have the most current version of this document.
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Section 426 (4A) of the Education (General Provisions) Act 2006 (Qld)
Information 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.
Scenario five
Student A is reported to have seriously assaulted student B over the weekend at the local shops.
Police submit a LEA-2 to the principal requesting full name, address and contact details of both
students.
Response
The principal’s delegation to release information to a Law Enforcement Agency may be exercised
only within the principal’s area of administrative responsibility (i.e. in relation to enrolled students,
formerly enrolled students or prospective students of his/her school or in relation to his/her school
premises). For a Law Enforcement request the principal is to use the information provided by police
in section A of the LEA-2 form to determine the identity and status of the students.
The principal considers whether the request meets the criteria for disclosure to a Law Enforcement
Agency (in this case the QPS is a Law Enforcement Agency, they are investigating the commission of
a criminal office and they have indicated that they cannot locate Student A to continue their
investigation without the assistance of the school). If satisfied, the principal completes section B of
the LEA-2, including the rationale as to why the information has been disclosed and detailing exactly
what information has been disclosed.
The principal is to file the form and copy of the information provided in a secure location.
Scenario six
A person has sent a threatening e-mail from a departmental student e-mail address. The police have
identified the e-mail address as belonging to a State school student. Police contact ITB asking for the
identity of the person related to the IP address.
Response
The ITB delegate asks the police to complete section A of the LEA-2.
The delegate considers whether the request meets the criteria for disclosure to a Law Enforcement
Agency (in this case the QPS is a Law Enforcement Agency, they are investigating the commission of
a criminal office and they have indicated that they need the assistance of the department to provide
information in order to continue their investigation). If satisfied, the delegate completes section B of
the LEA-2, including the rationale as to why the information has been disclosed and detailing exactly
what information has been disclosed.
The delegate is to file the form and copy of the information provided in a secure location.
Scenario seven
Police ring the principal asking for confirmation that student X attends the school. The police do not
have any identifying information other than the student’s first name. Police advise the principal that
the student’s full name, address and contact details are required as it is suspected that student X
resides with a person of interest to the police. Police do not explain how the information will be used
or why its disclosure is in the public interest. Given the nature of the police information multiple
students at the school could fit the description.
Uncontrolled copy. Refer to the Department of Education, Training and Employment
Policy and Procedure Register at http://ppr.det.qld.gov.au to ensure you have the most current version of this document.
Page 3 of 4
Response
The principal would request the police complete section A of the LEA-2. If the principal is then
satisfied that the disclosure of student X’s personal 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, the principal completes section B of the LEA-2, including a rationale
as to why the information has been disclosed and detailing exactly what information has been
disclosed about student X. If the principal is not satisfied that 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, the principal completes section B of the LEA-2 with a rationale
explaining why.
Information Privacy Principle 11(1)(e)(i) can be found in Schedule 3 of the Information Privacy
Act 2009
Scenario eight
A person has sent a threatening e-mail from a departmental student e-mail address. The police have
identified the e-mail address as belonging to a DETE employee. Police contact ITB asking for the
identity of the person related to the IP address.
Response
The ITB officer asks the police to complete section A of the LEA-2.
The Authorised Officer considers whether the request meets the criteria for disclosure to a Law
Enforcement Agency of non-Student personal information under Information Privacy Principle
11(1)(e)(i) (in this case the QPS is a Law Enforcement Agency, they are investigating the commission
of a criminal office and they have indicated that they need the assistance of the department to
provide information in order to continue their investigation).
If satisfied, an Authorised Officer completes section B of the LEA-2, including the rationale as to why
the information has been disclosed and detailing exactly what information has been disclosed. The
Authorised Officer is to file the form and copy of the information provided in a secure location.
Scenario nine
Police have approached a school Principal in respect of an investigation they are conducting about
an offence committed at a pub on the weekend. The police have reaon to belive that a particular staff
member of the school was involved in the commission of the offence. The Police want the staff
members home address and telephone numbers (the teacher is presently on leave).
Response
The Principal asks the police to complete section A of the LEA-2.
The Principal (Authorised Officer) considers whether the request meets the criteria for disclosure to a
Law Enforcement Agency of non-Student personal information under Information Privacy Principle
11(1)(e)(i) (in this case the QPS is a Law Enforcement Agency, they are investigating the
commission of a criminal office and they have indicated that they need the assistance of the
department to provide information in order to continue their investigation).
If satisfied, the Principal completes section B of the LEA-2, including the rationale as to why the
information has been disclosed and detailing exactly what information has been disclosed. The
Principal is to file the form and copy of the information provided in a secure location.
Uncontrolled copy. Refer to the Department of Education, Training and Employment
Policy and Procedure Register at http://ppr.det.qld.gov.au to ensure you have the most current version of this document.
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