Queensland Numbered Acts

COMMISSION FOR CHILDREN AND YOUNG PEOPLE AND CHILD GUARDIAN AMENDMENT ACT 2007 No. 40 - SECT 5

Part 9--

insert--

'In this division--

commencing day means the day this section commences.

revised regulated business, in relation to a person, means a business carried on by the person that--

(a) was not a regulated business under schedule 1, part 2, section 8, as in force immediately before the commencing day; and

(b) is a regulated business under schedule 1, part 2, section 8, as in force on the commencing day.

revised regulated employment, in relation to a person, means employment of the person that--

(a) was not regulated employment under schedule 1, part 1, section 5, as in force immediately before the commencing day; and

(b) is regulated employment under schedule 1, part 1, section 5, as in force on the commencing day.

transition period means the period, including a period before the commencing day, ending 3 months after the commencing day.

'(1) This section applies if a person whose employment is revised regulated employment does not hold a positive notice.

'(2) An employer of the person does not commit an offence against a penalty provision by continuing to employ the person--

(a) if an application for a prescribed notice about the person has been made within the transition period, and the application is not withdrawn before the commencing day--until the day a prescribed notice is issued to the person; or

(b) if an application for a prescribed notice about the person has been made within the transition period, and the application is withdrawn on or after the commencing day--until the day the application is withdrawn; or

(c) if an application for a prescribed notice about the person is not made within 3 months after the commencing day and paragraphs (a) and (b) do not apply--until 3 months after the commencing day.

'(3) Subsection (2) does not apply to an employer who--

(a) is aware, or becomes aware, that a negative notice has been issued to the person and is current; or

(b) receives notice under section 119C(5) or 126B(2)(b) that the person's positive notice is suspended.

'(4) In this section--

penalty provision means section 104B or 105(2).

'(1) This section applies to a person who--

(a) carries on a business that is a revised regulated business; and

(b) does not hold a prescribed notice.

'(2) The person does not commit an offence against section 109 by continuing to carry on the business without a positive notice--

(a) if an application for a prescribed notice for the person has been made within the transition period, and the application is not withdrawn before the commencing day--until the day a prescribed notice is issued to the person; or

(b) if an application for a prescribed notice for the person has been made within the transition period, and the application is withdrawn on or after the commencing day--until the day the application is withdrawn; or

(c) if an application for a prescribed notice about the person is not made within 3 months after the commencing day and paragraphs (a) and (b) do not apply--until 3 months after the commencing day.

'(3) This section does not limit section 119C(3).

'(1) This section applies to the following--

(a) an application for a prescribed notice made under this Act before the commencing day relating to employment that is revised regulated employment, or carrying on a business that is a revised regulated business, in relation to a person;

(b) all matters relating to an application mentioned in paragraph (a), including, for example, decisions about an application made before the commencing day by the commissioner or the Children Services Tribunal.

'(2) The application and matters are not invalid merely because the application and matters related to employment that is revised regulated employment, or carrying on a business that is a revised regulated business.

'(3) To remove any doubt, it is declared that if, before the commencing day, an application was made to the Children Services Tribunal to review a reviewable decision in relation to an application mentioned in subsection (1)(a), the application must continue to be dealt with on the basis that the decision is not invalid as mentioned in subsection (2).'.