Queensland Numbered Acts

COMMISSION FOR CHILDREN AND YOUNG PEOPLE AND CHILD GUARDIAN AMENDMENT ACT 2004 No. 49 - SECT 10

Part 6, division 1A, after section 99--

insert--

'(1) This section applies if--

(a) the first person mentioned in section 99 is an education provider; and

(b) the other person mentioned in section 99 is a trainee student of the education provider; and

(c) the work to be carried out is part of the course that the trainee student is undertaking with the education provider; and

(d) the work is to be carried out for someone else.

'(2) The education provider may apply for a prescribed notice about the trainee student for regulated employment as mentioned in section 100(1B).4

'(3) If the education provider applies for a prescribed notice about the trainee student as mentioned in subsection (2), the person for whom the trainee student is to carry out work, or carries out work, need not apply for the prescribed notice.

'(4) For section 99, the person for whom the trainee student is to carry out work, or carries out work, is employing the trainee student even though--

(a) the education provider applied for a prescribed notice about the trainee student; and

(b) no agreement for the trainee student to carry out work is made expressly between the person and the trainee student.

'(1) This section applies to the employment of a person as a carer in, or staff member of, a child care service.

'(2) A reference in this Act to employment of the person includes a reference to engagement of the person within the meaning of the Child Care Act 2002, section 58.5

'(1) A serious offence is--

(a) for each Act mentioned in schedule 2, an offence against a provision mentioned in column 1 of that schedule for that Act, subject to any limitation relating to the provision mentioned opposite in column 3; or

(b) an offence of counselling or procuring the commission of, or attempting or conspiring to commit, an offence mentioned in paragraph (a); or

(c) an offence against a provision mentioned in schedule 2A that is an expired or repealed provision of the Criminal Code, subject to any qualification relating to the provision mentioned opposite in column 3; or

(d) an offence against a law at any time of another jurisdiction that substantially corresponds to an offence mentioned in paragraph (a), (b) or (c); or

(e) an offence that is a class 1 or 2 offence as defined under the Child Protection (Offender Reporting) Act 2004 that is not otherwise a serious offence under this subsection.

Note--

Column 2 in schedules 2 and 2A is included for information purposes only and states a section heading for the provision mentioned opposite in column 1.

'(2) For this section, it is immaterial if a provision mentioned in schedule 2 or 2A, column 1, for an Act has been amended from time to time or that the provision was previously numbered with a different number.

'(1) A serious child-related sexual offence is--

(a) an offence against a provision of the Criminal Code mentioned in schedule 2B, column 1; or

(b) an offence against a provision mentioned in schedule 2C, column 1, that is an expired or repealed provision of the Criminal Code, subject to any qualification relating to the provision mentioned opposite in column 3.

Note--

Column 2 in schedules 2B and 2C is included for information purposes only and states a section heading for the provision mentioned opposite in column 1.

'(2) However, an offence mentioned in subsection (1) is a serious child-related sexual offence only if, at the time of the offence, the person in relation to whom the offence was committed was--

(a) for a provision that mentions or mentioned a specific age relevant to the offence--a child under that age; or

(b) otherwise--a child.

'(3) For this section, it is immaterial if a provision mentioned in schedule 2B or 2C, column 1 has been amended from time to time or that the provision was previously numbered with a different number.

'An excluding offence is--

(a) a serious child-related sexual offence; or

(b) an offence against a provision mentioned in schedule 2, in relation to the entry for the Classification of Computer Games and Images Act 1995, Classification of Films Act 1991 or Classification of Publications Act 1991.

'(1) A volunteer is a person who is employed by another person and does not carry out any work for the other person for a financial reward.

'(2) In this section--

financial reward does not include a payment that is a reimbursement for out-of-pocket expenses.'.