Queensland Bills Explanatory Notes Queensland Bills Explanatory Notes[Index] [Search] [Download] [Bill] [Help]
Commission for Children and Young People and Child Guardian and Another Act
Amendment Bill 2008
Commission for Children and Young
People and Child Guardian and Another
Act Amendment Bill 2008
Explanatory Notes for Amendments to be
moved during consideration in detail by the
Honourable Judy Spence MP
Title of the Bill
Commission for Children and Young People and Child Guardian and
Another Act Amendment Bill 2008
Objective of the Amendments
The objective of the amendments is to ensure the desired policy objectives
can be achieved in full and as intended, and to correct incorrect references
and terminology.
Consistency with Fundamental Legislative Principles
The amendments do not conflict with Fundamental Legislative Principles.
Consultation
There has been no community consultation on the amendments.
Consultation with relevant government stakeholders has occurred.
Notes on Provisions
Amendment 1 amends clause 4 to replace `a foreign' with `another' in the
revised definition of the term "serious offence". This amendment ensures
that comparable offences of other jurisdictions are also serious offences.
Page 1
Commission for Children and Young People and Child Guardian and Another Act
Amendment Bill 2008
Amendment 2 amends clause 29 to replace `a foreign' with `another' in
the definition of the term 'disqualifying offence' in new section 120B. This
amendment ensures that comparable offences of other jurisdictions are also
disqualifying offences.
Amendment 3 amends clause 29 to correct a typographical error by
replacing `to is' with `is to' in new section 120F.
Amendment 4 amends clause 34, which amends section 122, to require the
police commissioner to give information to the Commissioner for Children
and Young People and Child Guardian about the reasons why a court or
magistrate refused to make a CPOPOA disqualification order.
Amendment 5 amends clause 45 which inserts new section 219 to clarify
that an application made before commencement by a relevant disqualified
person to cancel a negative notice or to cancel the suspension of a positive
notice are taken to be refused and withdrawn respectively.
Amendments 6 and 7 amend clause 45 to correct a drafting error and
remove the reference to section 126C in new section 227.
Amendment 8 amends clause 45 to insert a reference to section 222 into
new section 228. This amendment ensures that individuals with current
positive notices at commencement, which are not suspended, are permitted
to continue engaging in regulated employment.
Amendments 9 and 10 amend clause 46 by inserting a number of
disqualifying offences into the serious offence list. This amendment
clarifies beyond doubt the inclusion of the specified offences as serious
offences.
Amendment 11 amends clause 47 to correct the qualification in respect of
the reference to section 300 of the Criminal Code in new schedule 2B, to be
as follows: "only if the unlawful killing is murder under section 302 and
was committed against a child".
Amendment 12 amends clause 47 to correct a typographical error.
Amendment 13 amends clause 51 to insert a consequential amendment to
sections 141H(1)(c) and 141I(1)(c) of the Child Protection Act 1999 to
reflect new terminology which requires notification be given to the
children's commissioner of a change in police information.
Amendment 14 makes consequential amendments (items 1 to 8) to the
Education (Queensland College of Teachers) Act 2005 (QCT Act) to
Page 2
Commission for Children and Young People and Child Guardian and Another Act
Amendment Bill 2008
replace the terms `excluding' and `excluding offence' with `disqualifying'
and `disqualify offence', respectively.
Item 9 provides that new section 330 provides that on commencement of
the section an existing section 48 suspension continues in force and is taken
to have been made in relation to a charge for a disqualifying offence. This
provision is necessary to clarify that suspensions under section 48 in force
prior to commencement of the amendments continue even though section
48 is amended to refer to `disqualifying offences' rather than `excluding
offences'.
Item 10 amends Schedule 3 of the QCT Act to omit the definition of
`excluding offence' and replace it with a definition of `disqualifying
offence'.
© State of Queensland 2008
Page 3