1 Short title

This Act may be cited as the Working with Children (Risk Management and Screening) and Other Legislation Amendment Act 2024.

2 Commencement

(1) The following provisions commence on a day to be fixed by proclamation—

(a) part 2;

(b) parts 4 to 6;

(c) schedule 1.

(2) The Acts Interpretation Act 1954, section 15DA does not apply to the following provisions—

(a) part 2;

(b) section 131.

3 Act amended

This part amends the Child Protection Act 1999.

4 Amendment of s 135 (Restrictions on granting application)

Section 135 (1) (b) (iv) —

omit, insert—

(iv) each adult member of the applicant’s household holds a working with children authority; and

5 Amendment of s 139 (Authority may be suspended or cancelled)

(1) Section 139 (5) (b) —omit, insert—

(b) if the authority is a kinship carer certificate—an adult member of the certificate holder’s household;

(c) if the authority is a certificate of approval, other than a kinship carer certificate—the holder of the certificate or an adult member of the holder’s household.

(2) Section 139 (6), ‘subdivision (3)’—omit, insert—subdivision 3

6 Amendment of s 140AB (Definitions for sdiv 3)

(1) Section 140AB, heading, ‘ sdiv 3 ’—omit, insert—subdivision

(2) Section 140AB, definition approved carer —omit.

(3) Section 140AB, definition relevant person, paragraph (a), ‘approved carer’s’—omit, insert—approved foster carer’s or approved kinship carer’s

7 Amendment of s 140AC (Immediate suspension)

(1) Section 140AC (1) (a) —omit, insert—

(a) an approved foster carer; or

(ab) a member of an approved foster carer’s or approved kinship carer’s household; or

(2) Section 140AC (1) (ab) and (b) —renumber as section 140AC (1) (b) and (c).

(3) Section 140AC (2) ‘approved carer’s’—omit, insert—approved foster carer’s or approved kinship carer’s

8 Amendment of s 140AF (End of suspension)

Section 140AF (1), after ‘person’s authority’—

insert—

under this subdivision

9 Amendment of s 140AG (Cancellation of certificate of approval)

(1) Section 140AG (1), ‘approved carer’—omit, insert—approved foster carer

(2) Section 140AG (2), ‘approved carer’s’—omit, insert—approved foster carer’s

(3) Section 140AG (3), (4) and (5), ‘approved carer’s’—omit, insert—approved foster carer’s or approved kinship carer’s

10 Insertion of new ch 9, pt 14

Chapter 9 —

insert—

11 Schedule 3 (Dictionary)

Schedule 3, definition approved carer —

omit, insert—

"approved carer" means—

(a) an approved foster carer; or

(b) an approved kinship carer; or

(c) a provisionally approved carer.

12 Act amended

This part amends the Childrens Court Act 1992.

13 Insertion of new s 28AA

After section 28 —

insert—

28AA Access to child protection records by Australian court or tribunal

(1) The registrar or clerk of the court may give an Australian court or tribunal access to a child protection record, or information from a child protection record, if the record or information is relevant to a proceeding before the Australian court or tribunal.

(2) In this section—

"Australian court or tribunal" means a court or tribunal of the Commonwealth or of a State.

"child protection record" means a court record, or part of a court record, for a proceeding under the Child Protection Act 1999.

14 Insertion of new pt 7, div 6

Part 7 —

insert—

15 Act amended

This part amends the Disability Services Act 2006.

16 Insertion of new s 43A

Before section 44 —

insert—

43A Definition for part In this part—

"disability services department" means the department responsible for administering part 1.

17 Amendment of ss 47, 48, 61, 66, 84 and 113

Sections 47 (1), 48 (1) and (3), 61 (1), 66 (a), 84 (2) (b) and 113 (2) (b), ‘the department’—

omit, insert—

the disability services department

18 Amendment of s 138M (Obtaining information from director of public prosecutions)

Section 138M (4), note, ‘ section 227 ’—

omit, insert—

19 Amendment of s 138N (Obtaining information from chief executive (corrective services))

Section 138N (3), note, ‘ section 227 ’—

omit, insert—

20 Amendment of s 138R (Request for other information about relevant person from prescribed entities)

(1) Section 138R (5), definition prescribed entity —insert—

(ba) the chief executive of the disability services department; or

(2) Section 138R (5), definition prescribed entity, paragraphs (ba) and (c) —renumber as paragraphs (c) and (d).

21 Amendment of s 138V (Obtaining report about person’s mental health from registered health practitioner)

Section 138V (4), note 2, ‘ section 227 ’—

omit, insert—

22 Amendment of s 138ZD (Giving information authorised despite other laws)

Section 138ZD (1), note, ‘ section 227 ’—

omit, insert—

23 Insertion of new pt 5, div 8, sdiv 8A

Part 5, division 8 —

insert—

24 Omission of s 227 (Confidentiality of police, disciplinary, mental health and other protected information)

Section 227 —

omit.

25 Amendment of s 228 (Confidentiality of other information)

Section 228 (1) —

omit, insert—

(1) This section applies to confidential information other than—

(a) protected information under section 138ZLA(3); or

(b) screening information.

26 Amendment of s 239 (Regulation-making power)

Section 239 (2) (a), ‘arrangements between the chief executive and the chief executive (working with children)’—

omit, insert—

procedures, processes and systems

27 Insertion of new pt 9, div 14

Part 9 —

insert—

28 Amendment of sch 8 (Dictionary)

(1) Schedule 8 —insert—

"screening information" —

(a) means confidential information obtained for the screening of a person under part 5; but

(b) does not include confidential information that is protected information under section 138ZLA.

(2) Schedule 8, definition working with children clearance, ‘ section 220 (2) ’—omit, insert—section 18A

29 Act amended

This part amends the Working with Children (Risk Management and Screening) Act 2000.

30 Amendment of s 6 (Principles for administering this Act)

Section 6 (b), after ‘wellbeing’—

insert—

, which for an Aboriginal child or Torres Strait Islander child includes recognising the importance of connection with the child’s family, community, culture, traditions and language

31 Amendment of s 8 (Chief executive’s main functions)

Section 8 (a) and (b), ‘chapters 7 and 8’—

omit, insert—

this Act

32 Amendment of s 10 (What is employment)

Section 10 (4), example 1—

omit, insert—

33 Insertion of new s 12A

After section 12 —

insert—

12A Matters about employment relating to State educational institutions

(1) This section applies if a person is employed at a State educational institution.

(2) For this Act, the principal of the State educational institution and the chief executive of the department in which the Education (General Provisions) Act 2006 is administered are employing the person.

34 Amendment of s 15 (What is a serious offence)

(1) Section 15 (1) (a), ‘relating to the provision’—omit.

(2) Section 15 (1) (e), after ‘committed,’—insert—or is alleged to have been committed,

(3) Section 15 —insert—

(1A) Despite subsection (1), an offence is not a "serious offence" if the offence was committed, or is alleged to have been committed, by a person when the person was a child.

(1B) However, if the conduct constituting or alleged to constitute an offence occurs between 2 dates, the first on which the person was a child and the second on which the person was an adult, the conduct is taken to occur when the person was an adult.

(4) Section 15 (1A) to (2) —renumber as section 15 (2) to (4).

35 Amendment of s 16 (What is a disqualifying offence)

(1) Section 16 (1) (a), ‘relating to the provision’—omit.

(2) Section 16 (1) (e), after ‘committed’—insert—, or alleged to have been committed,

(3) Section 16 —insert—

(1A) Despite subsection (1), an offence is not a "disqualifying offence" if the offence was committed, or is alleged to have been committed, by a person when the person was a child.

(1B) However, if the conduct constituting or alleged to constitute an offence occurs between 2 dates, the first on which the person was a child and the second on which the person was an adult, the conduct is taken to occur when the person was an adult.

(4) Section 16 (1A) to (2) —renumber as section 16 (2) to (4).

36 Amendment of s 17 (Who is a disqualified person)

Section 17 (2) and note—

omit.

37 Replacement of s 18 (Who is a relevant disqualified person)

Section 18 —

omit, insert—

18 Meaning of working with children authority A "working with children authority" means—

(a) a working with children clearance; or

(b) a working with children exemption.

18A Meaning of working with children clearance A "working with children clearance" is an authority—

(a) issued by the chief executive to a person who made a working with children check (general) application; and

(b) that indicates—

(i) screening of the person has been undertaken under this Act; and

(ii) the person is authorised to engage in regulated employment or carry on a regulated business.

18B Meaning of working with children exemption A "working with children exemption" is an authority—

(a) issued by the chief executive to a person who made a working with children check (exemption) application; and

(b) that indicates—

(i) screening of the person has been undertaken under this Act; and

(ii) the person is authorised to engage in regulated employment or carry on a regulated business outside of the scope of the person’s responsibilities as a police officer or registered teacher.

18C Meaning of negative notice A "negative notice" is a declaration, issued by the chief executive to a person, that indicates—

(a) screening of the person has been undertaken under this Act; and

(b) the person is not authorised to engage in regulated employment or carry on a regulated business.

18D Meaning of risk to the safety of children A reference in this Act to a "risk to the safety of children" is a reference to a real and appreciable risk to the safety of children.

38 Amendment of s 156 (Regulated employment)

Section 156 (4) —

omit, insert—

(4) Further, subject to subsections (5) and (6), the employment of a person is not regulated employment if—

(a) the person is employed to work, and works, in the employment for not more than 7 days in a calendar year; or

(b) the person is a parent providing a service or activity on a voluntary basis to children and the children to whom the service or activity is provided include the person’s own child.

(5) Despite subsection (4), a person is employed in regulated employment if the employment or the service or activity includes, or is likely to include, an overnight camp or excursion for children under schedule 1, section 9.

(6) Also, despite subsection (4)(b), a person is employed in regulated employment if the person is a parent providing a service or activity to a child that includes, or may include, close personal contact with a child other than the person’s own child.
[Note: assisting a child with toileting, bathing or dressing]

39 Replacement of ss 158 and 159

Sections 158 and 159 —

omit, insert—

158 Special exemptions for emergency services workers from interstate or overseas

(1) Subsection (2) applies if an emergency services worker is deployed from an interstate or overseas location in the following circumstances—

(a) to assist the response to a disaster situation;

(b) to respond to a significant fire event.

(2) The emergency services worker is exempt from the requirement to hold a working with children authority under this Act.

(3) The exemption applies—

(a) for a disaster situation declared under the Disaster Management Act 2003, section 64(1)—for the duration of the disaster situation under section 66 of that Act; or

(b) for a disaster situation declared under the Disaster Management Act 2003, section 69—for the duration of the disaster situation under section 71 of that Act; or

(c) for a significant fire event—for the period of the state of fire emergency under the Fire Services Act 1990, section 145V.

(4) This section does not limit section 156(4)(a).

(5) In this section—

"disaster situation" see the Disaster Management Act 2003, schedule.

"emergency service" means an interstate or overseas entity that performs emergency services equivalent to—

(a) Marine Rescue Queensland, established under the Marine Rescue Queensland Act 2024, section 6; or

(b) Queensland Fire and Rescue, established under the Fire Services Act 1990, section 8(1); or

(c) Rural Fire Service Queensland, established under the Fire Services Act 1990, section 8(2); or

(d) the State Emergency Service, established under the State Emergency Service Act 2024, section 6.

"emergency services worker" means a person employed or engaged as an officer, employee or volunteer of an emergency service.

"significant fire event" means an event the subject of a state of fire emergency declaration under the Fire Services Act 1990, section 145T.

40 Amendment of s 176H (Definitions for division)

(1) Section 176H, definition restricted employment, paragraph (b) —omit, insert—

(b) schedule 1, section 6A(3)(a) or (b).

(2) Section 176H, definition restricted person, paragraph (c), note—omit.

41 Omission of ch 8, pt 1 (Restrictions on making working with children check applications)

Chapter 8, part 1 —

omit.

42 Insertion of new s 186

Before section 187 —

insert—

186 Meaning of disclosable matter

(1) A "disclosable matter", in relation to a person, is a matter that relates to any of the following—

(a) a domestic violence order made, or police protection notice issued, against the person under the Domestic and Family Violence Protection Act 2012;

(b) an adverse interstate WWC decision against the person;

(c) an allegation of harm caused by the person substantiated by the chief executive (child safety) or the chief executive of the department of another State administering a child welfare law of the State;

(d) a type of disciplinary action taken against the person that is prescribed by regulation;

(e) another matter relevant to whether the person poses a risk to the safety of children prescribed by regulation.

(2) In this section—

"child welfare law" see the Child Protection Act 1999, schedule 3.

43 Amendment of s 187A (Application combined with disability worker screening application)

Section 187A (4), ‘(disability services)’—

omit, insert—

(disability worker screening)

44 Amendment of s 188 (Form of application)

Section 188 (4) —

omit, insert—

(4) Further, the approved form may provide for the applicant to disclose whether particular police information or a disclosable matter exists in relation to the applicant.

(5) If the approved form provides for the applicant to disclose whether particular police information exists in relation to the applicant, the applicant must not fail to disclose the police information.
[Note: Maximum penalty—100 penalty units.]

(6) If the approved form provides for the applicant to disclose whether a disclosable matter exists in relation to the applicant, the applicant must not fail to disclose the disclosable matter.
[Note: Maximum penalty—10 penalty units.]

45 Omission of s 192 (Effect of application by disqualified person)

Section 192 —

omit.

46 Amendment of s 193 (Effect of application by negative notice holder)

(1) Section 193 —insert—

(3A) A notice given to the applicant under subsection (3) must also state the following matters—

(a) the applicant may apply to cancel a negative notice under section 304G if—

(i) the applicant is not a disqualified person; and

(ii) the applicant is not the subject of an adverse interstate WWC decision that is in effect; and

(iii) the application is made more than 3 years after the negative notice was issued;

(b) if either of the following applies, the applicant may apply under section 304G to cancel the negative notice—

(i) the decision to issue the notice was based on wrong or incomplete information;

(ii) the negative notice was issued because the applicant was a disqualified person and the applicant is no longer a disqualified person.

(2) Section 193 (4), ‘relevant’—omit.

(3) Section 193 (3A) and (4) —renumber as section 193 (4) and (5).

47 Amendment of s 193A (Effect of interim bar imposed by chief executive (disability services))

(1) Section 193A, heading, ‘by chief executive (disability services)’—omit, insert—under Disability Services Act 2006

(2) Section 193A (1) (b), ‘the chief executive (disability services) has imposed an interim bar’—omit, insert—an interim bar has been imposed

48 Replacement of s 194 (Application of part)

Section 194 —

omit, insert—

194 Application of part This part applies to a working with children check application.

49 Amendment of s 196A (Withdrawal of combined application)

Section 196A (5), ‘(disability services)’—

omit, insert—

(disability worker screening)

50 Amendment of s 197 (Deemed withdrawal—identity can not be established)

(1) Section 197, heading, ‘Deemed withdrawal’—omit, insert—Withdrawal by chief executive

(2) Section 197 (a), ‘182(1)(a) or’—omit.

(3) Section 197 (b), ‘182(2) or’—omit.

51 Replacement of s 198 (Deemed withdrawal—failure to comply with particular requests)

Section 198 —

omit, insert—

198 Withdrawal by chief executive—failure to comply with particular requests

(1) The chief executive must withdraw an application if—

(a) the chief executive gives the applicant a notice under section 190(1)(b) or 190A(2); and

(b) the notice includes a warning that, if the applicant does not comply with the notice, the application will be withdrawn; and

(c) the person does not comply with the notice.

(2) The chief executive may withdraw an application if—

(a) the chief executive gives the applicant a notice under section 330, 332 or 333 asking the applicant to give the consent, or take the other action, stated in the notice; and

(b) the notice includes a warning that, if the applicant does not comply with the notice, the chief executive may withdraw the application; and

(c) the person does not comply with the notice.

52 Amendment of s 199 (Deemed withdrawal—applicant charged with serious offence or disqualifying offence etc.)

(1) Section 199, heading, ‘Deemed withdrawal’—omit, insert—Withdrawal by chief executive

(2) Section 199 (2) (b), after ‘offence’—insert—for an employer or potential employer

53 Amendment of s 200 (Deemed withdrawal—applicant no longer police officer or registered teacher)

Section 200, heading, ‘Deemed withdrawal’—

omit, insert—

Withdrawal by chief executive

54 Amendment of s 201 (Deemed withdrawal—adverse interstate WWC decision in effect)

(1) Section 201, heading, ‘Deemed withdrawal’—omit, insert—Withdrawal by chief executive

(2) Section 201 (2) (b), after ‘offence’—insert—for an employer or potential employer

55 Amendment of ch 8, pt 4 (Working with children clearances)

Chapter 8, part 4, heading, ‘clearances’—

omit, insert—

authorities

56 Replacement of ch 8, pt 4, divs 9 and 10

Chapter 8, part 4, divisions 9 and 10 —

omit, insert—

57 Omission of ch 8, pt 5 (Working with children exemptions)

Chapter 8, part 5 —

omit.

58 Amendment of s 294 (Chief executive’s decisions under this part)

(1) Section 294 (1) —insert—

(c) whether to cancel a person’s suspended working with children authority or end the suspension of a person’s working with children authority.

(2) Section 294 (2) —omit, insert—

(2) The chief executive must decide the matter as if it were a decision about a working with children check application and, for that purpose, part 4, division 9 applies.

(3) Section 294 (3), ‘The division mentioned in subsection (2) ’—omit, insert—Part 4, division 9

(4) Section 294 (3) (a), ‘issuing a working with children clearance or working with children exemption’—omit, insert—approving an application for a working with children authority

(5) Section 294 (3) (a) —insert—

(v) to end the suspension of a person’s working with children authority; and

(6) Section 294 (3) (b), ‘issuing a negative notice’—omit, insert—refusing an application for a working with children authority

59 Amendment of s 295 (Application of division)

(1) Section 295 (a), ‘a serious offence or disqualifying offence’—omit, insert—an offence listed in schedule 2 or 4

(2) Section 295 —insert—

(2) This division also applies if—

(a) the chief executive becomes aware of assessable information about a person who holds a working with children authority that—

(i) was not known to the chief executive when the chief executive decided to issue the authority; and

(ii) the chief executive reasonably believes is relevant to deciding whether the person would pose a risk to the safety of children if the person continues to hold the authority, taking into account the reasonable person test in section 233 and the matters in section 234; and

(b) the chief executive considers that if the person were permitted to engage in, or continue to engage in, regulated employment or carry on a regulated business pending the determination of the person’s continuing eligibility to hold an authority, the person would pose a risk to the safety of children.

60 Amendment of s 297 (Notifiable persons and potential employers notified about suspension)

Section 297 (1) (d), after ‘offence’—

insert—

for an employer

61 Amendment of s 298 (Effect of suspension of working with children authority)

(1) Section 298 (3) —omit, insert—

(3) A person’s employer or potential employer who is given a notice about the suspension must not allow the person to perform work that is regulated employment.
[Note: Maximum penalty—200 penalty units or 2 years imprisonment.]

(2) Section 298 (4), ‘who is given a notice about the suspension under section 297 ’—omit, insert—or potential employer who is given a notice about the suspension

(3) Section 298 (5), ‘ section 231 (1) or 289 (1) ’—omit, insert—section 238(1) or 239(1)

62 Amendment of s 299 (When suspension of authority ends)

Section 299 —

insert—

63 Replacement of s 300 (Chief executive’s decision about suspended authority)

Section 300 —

omit, insert—

300 Deciding whether to cancel, end or continue suspension of authority

(1) The chief executive may decide to—

(a) cancel a person’s working with children authority; or

(b) end the suspension of a person’s working with children authority; or

(c) if subsection (4) applies—take no action and continue the suspension of the authority.

(2) The chief executive may make a decision under subsection (1)—

(a) on the chief executive’s own initiative; or

(b) on the application of a person under section 300A.

(3) The chief executive must not make a decision under subsection (1) if the chief executive is required to cancel the person’s working with children authority under section 303 or 303A.

(4) The chief executive is not required to decide a person’s application under section 300A—

(a) while the person is subject to a charge for an offence that has not been dealt with; or

(b) if the person has been convicted of an offence and either—

(i) the period allowed for an appeal relating to the person’s conviction or sentence has not ended; or

(ii) an appeal relating to the conviction or sentence has started but has not been decided; or

(c) if the person is a registered teacher—while the person’s teacher registration is suspended under the Education (Queensland College of Teachers) Act 2005, section 49; or

(d) if the person holds an interstate working with children authority—while the person’s authority is suspended under a corresponding WWC law; or

(e) if the person is an applicant for an interstate working with children check application—while the person is subject to an interstate interim bar in relation to the application.

(5) If the chief executive does not decide the application under subsection (4), the person’s authority continues to be suspended.

(6) If subsection (5) applies, the chief executive must give the person a notice that states the reasons for the continued suspension of the person’s authority.

300A Application to chief executive to end suspension of authority

(1) If a person’s working with children authority has been suspended for at least 6 months, the person may apply to the chief executive to end the suspension of the authority.

(2) The application must be made—

(a) in the approved form; and

(b) in an approved way.

64 Amendment of s 301 (Chief executive decides to cancel suspended authority)

(1) Section 301 (1) (c) (iv), ‘relevant’—omit.

(2) Section 301 (1) (d) (iii), after ‘offence’—insert—for an employer

65 Amendment of s 302 (Chief executive decides not to cancel suspended authority)

(1) Section 302, heading ‘not to cancel suspended authority’—omit, insert—to end suspension of authority

(2) Section 302 (1), ‘not to cancel’—omit, insert—to end the suspension of

66 Amendment of s 303 (Cancelling authority if relevant disqualified person)

(1) Section 303, ‘relevant’—omit.

(2) Section 303 —insert—

(1A) Also, this section applies if—

(a) the chief executive becomes aware that a person who holds a working with children authority was convicted of a disqualifying offence prior to the issue of the authority; and

(b) the chief executive was not aware of the person’s conviction for the disqualifying offence at the time the authority was issued.

(3) Section 303 (1A) and (2) —renumber as section 303 (2) and (3).

67 Amendment of s 304 (Cancelling authority issued because of wrong or incomplete information)

Section 304 —

insert—

(2) However, if the chief executive gives a notice under section 235 requesting submissions from the person but is not satisfied the person received the notice, the chief executive may cancel the person’s authority without issuing a negative notice to the person.
[Note:

1 The chief executive sent a notice under section 235 by post to the address of the place of residence of the person last known to the chief executive, but the notice is returned to the chief executive because the person no longer lives at the address.

2 The chief executive gave a notice under section 235 and did not receive a response to the notice. The chief executive then tried to contact the applicant by phone or email and was not successful.

]

68 Amendment of s 304A (Cancelling authority because of subsequent information)

(1) Section 304A (1) (b) —omit, insert—

(b) other information about the person that the chief executive reasonably believes is relevant to deciding whether it would pose a risk to the safety of children if the person were to continue to hold the authority; or

(2) Section 304A —insert—

(4) However, if the chief executive gives a notice under section 235 requesting submissions from the person but is not satisfied the person received the notice, the chief executive may cancel the person’s authority without issuing a negative notice to the person.
[Note:

1 The chief executive sent a notice under section 235 by post to the address of the place of residence of the person last known to the chief executive, but the notice is returned to the chief executive because the person no longer lives at the address.

2 The chief executive gave a notice under section 235 and did not receive a response to the notice. The chief executive then tried to contact the applicant by phone or email and was not successful.

]

69 Amendment of s 304B (Action after decision)

(1) Section 304B (1) (b) and (2), ‘304A’—omit, insert—304A(3)

(2) Section 304B (2) (e), ‘relevant’—omit.

(3) Section 304B (4), ‘ section 231 (1) or 289 (1) ’—omit, insert—section 238(1) or 239(1)

70 Amendment of s 304C (Notifiable persons and potential employers notified about cancellation)

(1) Section 304C (1) (b), ‘304A’—omit, insert—304A(3)

(2) Section 304C (1) (c) —omit, insert—

(c) it is an offence for an employer to employ or continue to employ the person in regulated employment.

(3) Section 304C (2A), after ‘303A’—insert—or 304A(4)

(4) Section 304C (2A), from ‘must state’—omit, insert—must state—

(a) that the person’s authority was cancelled; and

(b) the section the authority was cancelled under.

71 Amendment of s 304D (Request to cancel working with children authority)

Section 304D (3) —

omit, insert—

(3) The request may be made orally or in writing.

72 Amendment of s 304F (Notifiable persons and potential employers notified about cancellation)

Section 304F (1) (b), after ‘offence’—

insert—

for an employer

73 Amendment of s 304G (Application to cancel negative notice)

(1) Section 304G, ‘relevant’—omit.

(2) Section 304G (2) (a) —omit, insert—

(a) the application is made more than 3 years after the notice was issued; or

(3) Section 304G —insert—

(3) Subsection (4) applies if the person—

(a) applied to the chief executive to cancel the negative notice and that application has been refused; and

(b) applied under part 7, division 3 for review of that decision and QCAT confirmed the decision.

(4) Despite subsection (2)(a), the person may only apply to the chief executive to cancel the negative notice if the application is made more than 3 years after the date QCAT confirmed the decision.

74 Insertion of new ss 304HA and 304HB

After section 304H —

insert—

304HA Chief executive may request further information

(1) The chief executive may give a person who applies to cancel a negative notice a notice asking the person to give the chief executive, within a reasonable stated time—

(a) stated information that the chief executive reasonably needs to establish the person’s identity; or

(b) stated information, including by way of a submission, about a stated matter that the chief executive reasonably believes is relevant to the application.

(2) The notice must state that, if the person does not comply with the request within the stated time, the person’s application will be withdrawn.

304HB Withdrawal by chief executive—failure to comply with particular requests The chief executive must withdraw an application if—

(a) the chief executive gives a person a notice under section 304HA asking the person to provide stated information; and

(b) the notice includes a statement that, if the person does not comply with the request, the application will be withdrawn; and

(c) the person does not comply with the request.

75 Amendment of s 304I (Deciding application)

Section 304I (2) (a) —

omit, insert—

(a) the application has been refused and the person’s negative notice continues in effect subject to section 240; and

76 Amendment of s 304K (No longer relevant disqualified person)

Section 304K, ‘relevant’—

omit.

77 Amendment of s 304N (Action after making decision)

(1) Section 304N (1), ‘must cancel the notice’—omit, insert—must—

(a) cancel the negative notice; and

(b) give the person a notice about the cancellation.

(2) Section 304N (3) (a) —omit, insert—

(a) the application has been refused and the person’s negative notice continues in effect subject to section 240; and

78 Amendment of s 307 (Appeal against police commissioner’s decision that information is investigative information)

(1) Section 307 (1) (c) —omit, insert—

(c) after the investigative information is given to the chief executive, the person is issued a negative notice, whether or not the negative notice was issued because a working with children authority held by the person was cancelled.

(2) Section 307 (3), ‘or refusal of the eligibility application’—omit.

79 Amendment of s 309 (Consequence of decision on appeal)

Section 309 (2) —

omit, insert—

(2) If the court sets aside the decision appealed against, the person may apply under section 304G for the negative notice, issued because of the information, to be cancelled on the grounds the decision to issue the notice was based on wrong information.

80 Amendment of s 310 (Application of division)

(1) Section 310 (d), ‘ section 300 ’—omit, insert—section 300A

(2) Section 310 (f) and (g) —omit.

81 Amendment of s 312 (Police commissioner to comply with request)

(1) Section 312 (2) —omit.

(2) Section 312 (3) and (4) —renumber as section 312 (2) and (3).

82 Amendment of s 313 (Information to be given about relevant disqualified person)

Section 313, ‘relevant’—

omit.

83 Amendment of s 315A (Chief executive’s request for domestic violence information about person)

(1) Section 315A (6) —omit.

(2) Section 315A (7) —renumber as section 315A (6).

84 Amendment of s 316 (Use of information given to police commissioner)

Section 316 (4), definition withdrawal, paragraph (b) —

omit, insert—

(b) an application to cancel a negative notice.

85 Amendment of s 317 (Notice of change in police information about a person)

(1) Section 317 (1) (c) and (3) (b), ‘relevant’—omit.

(2) Section 317 (6) —omit.

(3) Section 317 (7) to (9) —renumber as section 317 (6) to (8).

86 Omission of s 322 (Effect of conviction for serious offence)

Section 322 —

omit.

87 Insertion of new ch 8, pt 6, div 5, sdiv 1, hdg

Before section 321 —

insert—

88 Insertion of new ch 8, pt 6, div 5, sdiv 2, hdg

Before section 326 —

insert—

89 Insertion of new ch 8, pt 6, div 5, sdiv 3

After section 328 —

insert—

90 Amendment of s 329 (Application of div 6)

(1) Section 329, heading, ‘ div 6 ’—omit, insert—division

(2) Section 329 (1) —omit, insert—

(1) This division applies if—

(a) the chief executive is deciding whether a person who has been charged with, or convicted of, any of the following poses a risk to the safety of children—

(i) a serious offence or a disqualifying offence;

(ii) an offence, other than a serious offence or a disqualifying offence, relating to or involving a child; and

(b) the chief executive reasonably believes it is necessary to consider a report about the person’s mental health prepared under this division for deciding whether the person poses a risk to the safety of children.

91 Amendment of s 330 (Chief executive may request person to undergo examination by registered health practitioner etc.)

(1) Section 330 (2) (e) —omit, insert—

(e) that the chief executive may consider a report about the person’s mental health prepared under this division in deciding whether the person poses a risk to the safety of children;

(2) Section 330 (2) (f) and (g) (i), ‘or eligibility application’—omit.

(3) Section 330 (2) (g) (ii) and (3), ‘or not there is an exceptional case for the person’—omit, insert—the person poses a risk to the safety of children

(4) Section 330 (3), note, ‘and eligibility applications’—omit.

92 Amendment of s 332 (Registered health practitioner obtaining information from Mental Health Court)

(1) Section 332 (1) (a) —omit, insert—

(a) a person (the "charged person") has been charged with, but not convicted of—

(i) a serious offence or a disqualifying offence; or

(ii) an offence, other than a serious offence or a disqualifying offence, relating to or involving a child; and

(2) Section 332 (3) (b), ‘or eligibility application’—omit.

93 Amendment of s 333 (Registered health practitioner obtaining information from Mental Health Review Tribunal)

(1) Section 333 (1) (a) —omit, insert—

(a) a person (the "charged person") has been charged with, but not convicted of—

(i) a serious offence or a disqualifying offence; or

(ii) an offence, other than a serious offence or a disqualifying offence, relating to or involving a child; and

(2) Section 333 (3) (b), ‘or eligibility application’—omit.

94 Amendment of s 337 (Chief executive may obtain particular information from Mental Health Court)

(1) Section 337 (1) (a) —omit, insert—

(a) the chief executive is deciding whether a person (the "charged person") who has been charged with, but not convicted of, 1 of the following poses a risk to the safety of children—

(i) a serious offence;

(ii) a disqualifying offence;

(iii) an offence, other than a serious offence or a disqualifying offence, relating to or involving a child; and

(2) Section 337 (3) and (4) (e), ‘or not there is an exceptional case for the charged person’—omit, insert—the charged person poses a risk to the safety of children

95 Amendment of s 338 (Chief executive may obtain particular information from Mental Health Review Tribunal)

(1) Section 338 (1) (a) —omit, insert—

(a) the chief executive is deciding whether a person (the "charged person") who has been charged with, but not convicted of, 1 of the following poses a risk to the safety of children—

(i) a serious offence;

(ii) a disqualifying offence;

(iii) an offence, other than a serious offence or a disqualifying offence, relating to or involving a child; and

(2) Section 338 (3) and (4) (e), ‘or not there is an exceptional case for the charged person’—omit, insert—the charged person poses a risk to the safety of children

96 Replacement of s 343 (Chief executive must give information about particular persons to college of teachers)

Section 343 —

omit, insert—

343 Giving information about particular persons to college of teachers

(1) This section applies in relation to information about a person—

(a) the chief executive is given or is given access to; or

(b) in the chief executive’s possession in relation to an employment-screening decision about the person.

(2) The chief executive may give the information about the person to the college of teachers if the chief executive reasonably believes the information is relevant to the functions of the college under the Education (Queensland College of Teachers) Act 2005, chapter 10, part 1.

(3) Without limiting subsection (2), the information that may be given includes the following—

(a) information about a working with children check application made by the person;

(b) information about a working with children authority or negative notice held by the person;

(c) police information, domestic violence information, disciplinary information or adverse interstate WWC information about the person.

97 Amendment of s 344 (Giving information to chief executive (disability services))

Section 344, ‘(disability services)’—

omit, insert—

(disability worker screening)

98 Insertion of new ch 8, pt 6, div 8A

Chapter 8, part 6 —

insert—

99 Amendment of s 344AA (Chief executive to give notice to notifiable persons etc. about a change in police information)

(1) Section 344AA (2) (b), ‘relevant disqualified person’—omit, insert—disqualified person

(2) Section 344AA (3) (c), ‘or part 5, division 8 ’—omit.

(3) Section 344AA (3) (g) and (5), ‘unless and until a prescribed event under section 322 happens for the person’—omit.

100 Amendment of s 344A (Chief executive may give authorised entities particular information)

Section 344A (1) —

insert—

(e) another person the chief executive accepts is authorised by the department to assist the chief executive in performing the chief executive’s main functions under section 8(a).

101 Amendment of s 345C (Giving information to interstate screening units)

Section 345C (3) —

omit, insert—

(3) The chief executive must not give to an interstate screening unit—

(a) a section 93A transcript; or

(b) a recorded statement.

(4) However, the chief executive may give to an interstate screening unit a written summary of a section 93A transcript or recorded statement, subject to subsection (2).

102 Amendment of s 348 (Replacement card for change of name or contact details)

(1) Section 348 (1) and (2) —omit, insert—

(1) This section applies to a person who—

(a) holds a working with children authority; and

(b) notifies the chief executive of—

(i) a change in the person’s name under section 328B; or

(ii) a change in the person’s contact details under section 328C.

(2) Section 348 (3) and (4) —renumber as section 348 (2) and (3).

103 Omission of s 349 (Holder must notify change of regulated employment or regulated business)

Section 349 —

omit.

104 Amendment of s 351 (False or misleading disclosure)

Section 351, ‘or this chapter’—

omit, insert—

, this chapter or chapter 10, part 1A

105 Amendment of s 352 (False or misleading documents)

Section 352 (1), ‘or this chapter’—

omit, insert—

, this chapter or chapter 10, part 1A

106 Replacement of s 353 (Definitions for div 3)

Section 353 —

omit, insert—

353 Definitions for division In this division—

"chapter 8 reviewable decision", about a person, means—

(a) a decision of the chief executive to—

(i) issue the person a negative notice; or

(ii) refuse to cancel a negative notice issued to the person; or

(b) a decision of the chief executive if—

(i) the person’s working with children authority was suspended under section 296; and

(ii) the person has applied under section 300A for the chief executive to end the suspension of the person’s working with children authority and the chief executive has decided to continue the suspension under section 300(1)(c); and

(iii) the person claims the person is not the person the subject of the offence, action or other information that has triggered the suspension.

"prescribed period", for a review of a chapter 8 reviewable decision about a person, means the period ending 28 days after the person is given notice of—

(a) for a chapter 8 reviewable decision mentioned in definition "chapter 8 reviewable decision", paragraph (a)—the decision; or

(b) for a chapter 8 reviewable decision mentioned in definition "chapter 8 reviewable decision", paragraph (b)—the decision on the application under section 300A about the suspension.

107 Amendment of s 354 (Person may apply for review of chapter 8 reviewable decision)

(1) Section 354 —insert—

(1A) Despite subsection (1), a person who is a disqualified person may apply for a review of a chapter 8 reviewable decision of the chief executive to issue a negative notice if the person claims not to be the person the subject of the offence, action or other information that made the person a disqualified person.

(2) Section 354 (3), note—omit.

(3) Section 354 (1A) to (4) —renumber as section 354 (2) to (5).

108 Amendment of s 354A (Stay of operation of particular decisions on application for review)

(1) Section 354A (1), ‘an exceptional case decision’—omit, insert—a decision of the chief executive

(2) Section 354A (4) —omit.

109 Insertion of new s 354B

After section 354A —

insert—

354B Chief executive to give effect to decisions of QCAT

(1) This section applies if, on an application for a review of a chapter 8 reviewable decision under section 354, QCAT decides that a person must be issued a working with children authority.

(2) The chief executive may do any of the things necessary and otherwise permitted or required under this Act to give effect to the decision.
[Note:

1 The chief executive may request information that the chief executive reasonably needs to establish the applicant’s identity.

2 The chief executive may undertake a check for a change in a person’s criminal history.

]

110 Amendment of s 357 (Disqualification order)

Section 357 (1) —

omit, insert—

(1) This section applies if a person is convicted of a serious offence committed in relation to, or otherwise involving, a child.

111 Insertion of new ch 10, pts 1 and 1A

Chapter 10 —

insert —

112 Amendment of s 384 (Confidentiality of protected information)

(1) Section 384 (1) (a) —omit, insert—

(a) is or has been—

(i) a public service employee employed in the department; or

(ii) a member of an advisory committee; or

(iii) an expert advisor; and

(2) Section 384 (1) (b) (vi), ‘(disability services)’—omit, insert—(disability worker screening)

(3) Section 384 (4) —insert—

(da) is for research purposes under section 398B; or

(4) Section 384 (4) (da) and (e) —renumber as section 384 (e) and (f).

113 Amendment of s 385 (Confidentiality of other information)

Section 385 (1) (a) —

omit, insert—

(a) is or has been—

(i) the Minister or a member of the Minister’s staff; or

(ii) a public service employee employed in the department; or

(iii) a member of an advisory committee; or

(iv) an expert advisor; and

114 Amendment of s 393 (Protection from liability)

Section 393 (3), definition official, paragraph (b) —

omit, insert—

(b) a member of an advisory committee; or

(c) an expert advisor.

115 Insertion of new s 396

After section 395 —

insert—

396 Duty of police commissioner to comply with request for information

(1) The section applies if a provision of this Act imposes a duty on the police commissioner to comply with a request for information.

(2) The duty applies only to information in the commissioner’s possession or to which the commissioner has access.

116 Amendment of s 398A (Chief executive may arrange for use of information system)

Section 398A (1) (b) (i) and (ii) —

omit, insert—

(i) a decision about whether the person poses a risk to the safety of children; or

(ii) a decision about whether to issue a working with children authority; or

(iii) another decision prescribed by regulation.

117 Insertion of new s 398B

After section 398A —

insert—

398B Access and use of information for research purposes

(1) The chief executive may give access to de-identified data collected under this Act about working with children checks, working with children authorities and negative notices if—

(a) the chief executive is satisfied that a person or public sector entity given access to the data—

(i) is conducting research that is consistent with the objects of this Act or a function of the chief executive under this Act ("approved research"); and

(ii) has appropriate qualifications or experience to carry out the approved research; and

(b) in the chief executive’s opinion, the data is reasonably necessary for the approved research.

(2) The chief executive may impose conditions on the use of the data.

(3) A person must comply with a condition imposed by the chief executive, unless the person has a reasonable excuse.
[Note: Maximum penalty—100 penalty units.]

(4) The chief executive may publish guidelines about the matters mentioned in subsection (1).

118 Amendment of s 401 (Regulation-making power)

Section 401 (2) (a), ‘arrangements between the chief executive and the chief executive (disability services)’—

omit, insert—

procedures, processes and systems

119 Omission of ch 11, pts 1–12, 14 and 15

Chapter 11, parts 1 to 12, 14 and 15 —

omit.

120 Insertion of new ch 11, pt 22

Chapter 11 —

insert—

121 Amendment of sch 1, s 1 (Residential facilities)

Schedule 1, section 1 (2) —

omit.

122 Replacement of sch 1, s 3 (Schools—employees other than teachers and parents)

Schedule 1, section 3 —

omit, insert—

3 Schools—employees other than teachers

(1) Employment is regulated employment if any of the usual functions of the employment take place—

(a) in an area of a school—

(i) in which children are being educated and cared for; or

(ii) that is accessible to children; and

(b) at a time when children are ordinarily present.

(2) However, employment mentioned in subsection (1) is not regulated employment if—

(a) the employee is an approved teacher; or

(b) the employment involves undertaking work—

(i) that is not directed towards children; and

(ii) the nature of which does not permit or facilitate contact with children, other than incidental contact.

(3) To the extent of an inconsistency between this section and section 4(1)(b) of this schedule, this section prevails.

123 Amendment of sch 1, s 4 (Education and care services and similar employment)

Schedule 1, section 4 (4) —

omit.

124 Amendment of sch 1, s 4A (Child care and similar employment)

Schedule 1, section 4A (2) —

omit.

125 Insertion of new sch 1, s 4B

Schedule 1 —

insert—

4B Justice and detention services Employment is regulated employment if any of the usual functions of the employment—

(a) are carried out, or are likely to be carried out, at a detention centre established under the Youth Justice Act 1992, section 262; or

(b) include, or are likely to include, supervising and monitoring a child on any of the following orders that may be made or imposed by a court under the Youth Justice Act 1992—

(i) a community based order;

(ii) a supervised release order;

(iii) any other order made or imposed by a court under that Act.

126 Replacement of sch 1, s 5 (Churches, clubs and associations involving children)

Schedule 1, section 5 —

omit, insert—

5 Churches, clubs and associations involving children

(1) Employment is regulated employment if—

(a) the usual functions of the employment include, or are likely to include—

(i) providing services directed mainly towards children; or

(ii) conducting activities mainly involving children; or

(iii) engaging in decision-making in relation to children as a member of an executive committee; and

(b) the services are provided, the activities are conducted, or the decision-making is engaged in, by or within a church, club, association or similar entity.

[Note: See section 156 of this Act for circumstances in which a parent is not in regulated employment.]

(2) In this section—

"executive committee" means a group or body of people, by whatever name called, that manages the affairs of the church, club or association relating to children.

127 Amendment of sch 1, s 6 (Health, counselling and support services)

(1) Schedule 1, section 6 (1) (d), example—omit, insert—
[Note:

• a support service providing emotional support for child victims or witnesses in connection with court or other legal proceedings

• a person who is an Australian lawyer providing a support service to a child in connection with court or other legal proceedings

]

(2) Schedule 1, section 6 (3), definition support service —omit, insert—

"support service" means a service that provides emotional support, legal support, mentoring or pastoral care.

128 Replacement of sch 1, s 9 (Child accommodation services including home stays)

Schedule 1, section 9 —

omit, insert—

9 Child accommodation services

(1) Employment is regulated employment if—

(a) the usual functions of the employment include, or are likely to include, a child accommodation service; or

(b) the employment includes providing services or conducting activities at an overnight camp or excursion for children.

(2) If accommodation constituting a child accommodation service is provided, or is to be provided, by a home stay provider, each adult residing in the home stay provider’s home, other than the home stay provider, is taken to be a volunteer who is engaged in regulated employment.

(3) For subsection (1)(b), an overnight camp or excursion is regulated employment regardless of the type of accommodation or how many children are involved.

(4) However, employment mentioned in subsection (1)(a) or (2) is not regulated employment if the home stay provider is a relative of the child who receives the child accommodation service to which the employment relates.

(5) Also, employment mentioned in subsection (1)(b) is not regulated employment if—

(a) the employee’s functions are limited to providing services for the maintenance and repair or ongoing operation of the site at which the service is provided; and

(b) the employment involves undertaking work, the nature of which does not permit or facilitate contact with children, other than incidental contact.

(6) In this section—

"home", of a person, includes the person’s principal place of residence and any holiday home of the person.

"home stay provider" means a person who provides an accommodation service "in the person’s home."

129 Replacement of sch 1, s 11 (Sport and active recreation)

Schedule 1, section 11 —

omit, insert—

11 Sport, active recreation, gyms and play facilities

(1) Employment is regulated employment if—

(a) both—

(i) the usual functions of the employment include, or are likely to include—

(A) providing services directed mainly towards children; or

(B) conducting activities mainly involving children; and

(ii) the services are provided, or the activities are conducted, as part of sport or active recreation; or

(b) the services are provided, or the activities are conducted, in relation to a gym or play facility directed mainly towards children.

(2) However, employment mentioned in subsection (1) is not regulated employment if—

(a) the employee’s functions are limited to providing food, beverages or equipment; and

(b) there is no further contact with children by the employee.

130 Insertion of new sch 1, s 11A

Schedule 1 —

insert—

11A Entertainment, beauty and photography services

(1) Employment is regulated employment if—

(a) the usual functions of the employment include, or are likely to include—

(i) providing services directed mainly towards children; or

(ii) conducting activities mainly involving children; and

(b) the services are provided, or the activities are conducted, in relation to 1 of the following—

(i) an entertainment or party service;
[Note: a person appearing as Santa or another costumed character directed at entertaining children]

(ii) a beauty or talent program;

(iii) a photography service.

(2) However, employment mentioned in subsection (1)(b)(i) is not regulated employment if—

(a) the employee’s functions are limited to providing food, beverages or equipment; and

(b) there is no further contact with children by the employee.

131 Amendment of sch 1, s 14 (Care of children under Child Protection Act 1999)

Schedule 1, section 14 (1), after ‘other than’—

insert—

an approved kinship carer or

132 Amendment of sch 1, s 16 (Health, counselling and support services)

(1) Schedule 1, section 16 (2) —omit.

(2) Schedule 1, section 16 (3), definition support service —omit, insert—

"support service" means a service that provides emotional support, legal support, mentoring or pastoral care.

(3) Schedule 1, section 16 (3) —renumber as schedule 1, section 16 (2).

133 Insertion of new sch 1, ss 18B and 18C

Schedule 1 —

insert—

18B Justice and detention services A business is a regulated business if any of the usual activities of the business—

(a) are carried out, or are likely to be carried out, at a detention centre established under the Youth Justice Act 1992, section 262; or

(b) include, or are likely to include, supervising and monitoring a child on any of the following orders that may be made or imposed by a court under the Youth Justice Act 1992—

(i) a community based order;

(ii) a supervised release order;

(iii) any other order made or imposed by a court under that Act.

18C Educational services and activities conducted inside school

(1) A business is a regulated business if the usual activities of the business take place—

(a) in an area of a school—

(i) in which children are being educated and cared for; or

(ii) that is accessible to children; and

(b) at a time when children are ordinarily present.

(2) However, a business mentioned in subsection (1) is not a regulated business if the activities of the business—

(a) are not directed towards children; and

(b) are of a nature that does not permit or facilitate contact with children, other than incidental contact.

134 Replacement of sch 1, ss 21 and 22

Schedule 1, sections 21 and 22 —

omit, insert—

21 Child accommodation services

(1) A business is a regulated business if—

(a) the usual activities of the business include, or are likely to include, a child accommodation service and—

(i) the person who carries on the business provides the accommodation that constitutes the child accommodation service in the person’s home; or

(ii) the person who carries on the business provides the child accommodation service under an arrangement organised by a government entity or a local government; or

(b) the business includes providing an overnight camp or excursion for children.

(2) For subsection (1)(b), an overnight camp or excursion is a regulated business regardless of the type of accommodation or how many children are involved.

(3) However, a business mentioned in subsection (1)(b) is not a regulated business if—

(a) the activities of the business are limited to providing services for the maintenance and repair or ongoing operation of the site at which the service is provided; and

(b) the activities of the business are of a nature that does not permit or facilitate contact with children, other than incidental contact.

(4) In this section—

"home", of a person, includes the person’s principal place of residence and any holiday home of the person.

22 Sport, active recreation, gyms and play facilities

(1) A business is a regulated business if the usual activities of the business include, or are likely to include—

(a) sport or active recreation activities directed mainly towards or involving children; or

(b) carrying on the business of a gym or play facility directed mainly towards children.

(2) However, a business mentioned in subsection (1) is not a regulated business if—

(a) the business is carrying out activities limited to providing food, beverages or equipment; and

(b) there is no further contact with children by an employee of the business.

22A Entertainment, beauty and photography services

(1) A business is a regulated business if—

(a) the usual activities include, or are likely to include—

(i) providing services directed mainly towards children; or

(ii) conducting activities mainly involving children; and

(b) the business relates to 1 of the following areas—

(i) an entertainment or party service;
[Note: a business providing for a person to appear as Santa or another costumed character directed at entertaining children]

(ii) a beauty or talent program;

(iii) a photography service.

(2) However, a business mentioned in subsection (1)(b)(i) is not a regulated business if—

(a) the business is carrying out activities limited to providing food, beverages or equipment; and

(b) there is no further contact with children by an employee of the business.

135 Omission of sch 1, s 28A (Employment of lawyers)

Schedule 1, section 28A —

omit.

136 Replacement of schs 2 and 3

Schedules 2 and 3 —

omit, insert—

137 Amendment of sch 4 (Current disqualifying offences)

(1) Schedule 4, column 3, heading, ‘relating to the provision of the Act ’—omit.

(2) Schedule 4, entry for Criminal Code, entry for section 215, column 3—insert—only if an imprisonment order is or was imposed for the offence

138 Amendment of sch 5 (Repealed or expired disqualifying offences)

(1) Schedule 5, column 3, heading, ‘relating to the provision of the Act ’—omit.

(2) Schedule 5, entry for Criminal Code—insert—

209

Attempted sodomy

as the provision was in force from time to time before its repeal by the Criminal Code and Other Acts Amendment Act 2008 for an offence committed before 1 July 1997, only if committed against a child or a person with an impairment of the mind

139 Amendment of sch 7 (Dictionary)

(1) Schedule 7, definitions "amusement park", "chief executive (disability services)", "eligibility application", "eligibility declaration", "exceptional case", "negative notice", "relevant disqualified person", "relevant disqualified person decision", "working with children authority", "working with children clearance" and "working with children exemption" —omit.

(2) Schedule 7 —insert—

"advisory committee" means an advisory committee established under section 242.

"assessable information" see section 220.

"carer applicant" means a person who has applied to be issued with a certificate under the Child Protection Act 1999, chapter 4, part 2, division 3 if the application has not been decided.

"chief executive (disability worker screening)" means the chief executive of the department in which the Disability Services Act 2006, part 5 is administered.

"committee member", for chapter 8, part 4, division 9, subdivision 6, see section 241.

"disclosable matter", in relation to a person, see section 186(1).

"expert advisor" means a person appointed under section 246D.

"foster and kinship care service" means an entity that is funded by the State to provide services supporting approved carers, or carer applicants, under a contract with the chief executive (child safety).

"identifying information", in relation to a person, for chapter 8, part 4, division 9, subdivision 2, see section 221.

"negative notice" see section 18C.

"prescribed entity", for chapter 8, part 6, division 8A, see section 344AAA.

"relevant person", for chapter 8, part 6, division 5, subdivision 3, see section 328A.

"risk assessment" means a risk assessment conducted by the chief executive under chapter 8, part 4, division 9, subdivision 4.

"risk to the safety of children" see section 18D.

"State educational institution" see the Education (General Provisions) Act 2006, schedule 4.

"working with children authority" see section 18.

"working with children clearance" see section 18A.

"working with children exemption" see section 18B.

(3) Schedule 7, definition employment-screening decision, paragraph (c) —omit.

(4) Schedule 7, definition notifiable person, paragraph (a) (ia) —omit.

(5) Schedule 7, definition notifiable person, paragraph (a) (vi), ‘a an adult’—omit, insert—an adult

(6) Schedule 7, definition notifiable person, paragraph (a) (ix) —omit, insert—

(ix) if the chief executive is aware that the person performs a risk-assessed role for a licensed care service but is not an employee of the licensed care service—the licensee of the licensed care service under the Child Protection Act 1999; or

(x) if the chief executive is aware that a person is an approved carer or an adult member of an approved carer’s household—a foster and kinship care service supporting the person; or

(xi) if the chief executive is aware that a person is a carer applicant or is an adult member of the carer applicant’s household—a foster and kinship care service supporting the person; and

(7) Schedule 7, definition police information, paragraph (c) (i), ‘relevant’—omit.

(8) Schedule 7, definition school, paragraph (a) —omit, insert—

(a) a State educational institution; or

140 Legislation amended

Schedule 1 amends the legislation it mentions.