Queensland Numbered Acts

COMMISSION FOR CHILDREN AND YOUNG PEOPLE AND CHILD GUARDIAN AMENDMENT ACT 2004 No. 49 - SECT 13

(1) Section 100(1), from 'a suitability notice'--

omit, insert--

'a prescribed notice about the employee in relation to regulated employment.'.

(2) Section 100--

insert--

'(1A) However, the employer need not make an application under subsection (1) about a person who is a trainee student of an education provider if--

(a) the employer proposes to start employing the trainee student; and

(b) the education provider has applied, under subsection (1B), for a prescribed notice about the trainee student.

'(1B) If, as part of a course undertaken by a trainee student of an education provider, the education provider proposes for the trainee student to perform work that is regulated employment, the education provider may apply to the commissioner for a prescribed notice about the trainee student in relation to regulated employment.'.

(3) Section 100(2)(b), after 'employer'--

insert--

'or education provider'.

(4) Section 100(2)(c), 'employee'--

omit, insert--

'relevant person'.

(5) Section 100(3), (4) and (5)--

omit, insert--

'(3) The approved form must include provision for--

(a) identifying information about the relevant person; and

(b) certification by the employer, education provider or a prescribed person that the employer, education provider or prescribed person has sighted documents, relating to proof of the relevant person's identity, prescribed under a regulation; and

(c) if the employer or education provider does not give the certification mentioned in paragraph (b), certification by the employer or education provider that the reason the employer or education provider did not sight the documents is only because--

(i) the relevant person's usual place of residence is more than 50 km from the employer's business address or a place used by the education provider for conducting courses; or

(ii) the relevant person is a person with a disability that affects mobility; and

(d) the relevant person's consent to employment screening under this part.

'(4) On receiving the application, the commissioner may ask the employer, education provider or relevant person--

(a) for further information that the commissioner reasonably considers necessary to establish the relevant person's identity; or

(b) about why the employer or education provider did not sight the documents as mentioned in subsection (3)(c).7

'(5) If a relevant person is given a written request under subsection (4), the relevant person is taken to have withdrawn the application if--

(a) the request includes a warning that, if the request is not complied with within a stated time, the relevant person's application will be taken to have been withdrawn; and

(b) the relevant person does not comply with the request within the stated time; and

(c) the commissioner gives the relevant person a notice stating that the relevant person is taken to have withdrawn the application.

'(6) In this section--

prescribed person means a justice, commissioner for declarations, lawyer or police officer.

relevant person means--

(a) an employee as mentioned in subsection (1); or

(b) a trainee student of an education provider as mentioned in subsection (1B).'.