Queensland Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CRIMINAL HISTORY SCREENING LEGISLATION AMENDMENT ACT 2010 No. 5 - SECT 160

160 Amendment of sch 7 (Dictionary)

(1) Schedule 7, definitions commencement, engaged by the department, engaged person, imprisonment order and screening decision--

omit.

(2) Schedule 7--

insert--

'amending Act, for part 16, division 5, see section 252.

CCYPCG Act means the Commission for Children and Young People and Child Guardian Act 2000.

CCYPCG positive notice means a positive notice issued under the CCYPCG Act.

commencement--

(a) for part 16, division 3--see section 241(1); or
(b) for part 16, division 5, subdivision 2--see section 253; or
(c) for part 16, division 5, subdivision 3--see section 260; or
(d) for part 16, division 5, subdivision 4--see section 271.

engaged by the department--

(a) generally--see section 77A; or
(b) for part 16, division 5, subdivision 2--see section 253.

engaged person, for a prescribed notice application, see section 83(1).

exceptional case means exceptional case as mentioned in section 85(4) or (7).

imprisonment order--

(a) means either of the following orders--
(i) an order of a court that convicts a person for an offence, if the order includes a penalty that includes imprisonment for the offence, whether wholly or partially suspended;
(ii) an intensive correction order under the Penalties and Sentences Act 1992 or an order of another jurisdiction that substantially corresponds to an intensive correction order; but
(b) does not include an order of imprisonment that is imposed as a consequence of a breach of a community service order or probation order within the meaning of the Penalties and Sentences Act 1992.

minimum frequency for regulated engagement means--

(a) at least 8 consecutive days; or
(b) at least once a week for each week during a period of 4 weeks; or
(c) at least once a fortnight for each fortnight during a period of 8 weeks; or
(d) at least once a month for each month during a period of 6 months.

prescribed notice application means an application for a prescribed notice under section 83.

prescribed police information, for part 16, division 5, subdivision 2, see section 253.

registered health practitioner means--

(a) a person registered under any of the following Acts--
(b) a person enrolled, registered or authorised to practice under the Nursing Act 1992.

regulated engagement means--

(a) engagement by the department at a service outlet of the department; or
(b) engagement by a funded non-government service provider at a service outlet of the service provider.

relevant review and appeal information, for a decision about a person, means the following information--

(a) if the reasons for the decision do not include investigative information--the circumstances in which the person may apply to the tribunal for a review of the decision under part 10, division 7, subdivision 1;
(b) if the reasons for the decision include investigative information--
(i) the right of the person to appeal, under section 111, to a Magistrates Court about the police commissioner's decision that the information is investigative information; and
(ii) the circumstances in which the person may apply to the tribunal for a review of the decision under section 113;
(c) the period within which the person must apply to the tribunal for the review or appeal to a Magistrates Court;
(d) how the person may apply for the review to the tribunal or appeal to a Magistrates Court;
(e) there is no review or appeal under this Act in relation to the decision other than as mentioned in paragraph (a) or (b).

screening decision, in relation to a person, means a decision about--

(a) whether a positive notice or a negative notice should be issued to the person, including a decision about--
(i) whether a person's positive notice should be cancelled and substituted with a negative notice or negative exemption notice; and
(ii) whether a person's negative notice should be cancelled and, if so, whether a positive notice or positive exemption notice should be issued to the person; and
(iii) whether a person's negative notice should be cancelled and substituted with a positive notice or positive exemption notice; and
(iv) whether a person's suspended positive notice should be cancelled and a further prescribed notice or an exemption notice issued to the person; or
(b) whether a positive exemption notice or negative exemption notice should be issued to the person, including a decision about--
(i) whether a person's positive exemption notice should be cancelled and substituted with a negative exemption notice; and
(ii) whether a person's negative exemption notice should be cancelled and, if so, whether a positive exemption notice or positive notice should be issued to the person; and
(iii) whether a person's negative exemption notice should be cancelled and substituted with a positive exemption notice or positive notice; and
(iv) whether a person's suspended positive exemption notice should be cancelled and a further exemption notice or a prescribed notice issued to the person; or
(c) whether an eligibility declaration should be issued to the person.

stage 2 commencement date, for part 16, division 5, subdivision 3, see section 260.

unamended Act--

(a) for part 16, division 5, subdivision 2--see section 253; or
(b) for part 16, division 5, subdivision 3--see section 260; or
(c) for part 16, division 5, subdivision 4--see section 271.'.

(3) Schedule 7, definition Commissioner for Children and Young People and Child Guardian, from 'Commission' to '2000'--

omit, insert--

'CCYPCG Act'.

(4) Schedule 7, definitions current, disqualification order, engaged person, excluding offence and serious sexual or violent offence--

omit.

(5) Schedule 7--

insert--

'CPOPOA disqualification order means a disqualification order made under the Child Protection (Offender Prohibition Order) Act 2008, section 25.

current--

(a) for a prescribed notice--means current under section 89; or
(b) for an exemption notice--means current under section 89F.

disqualification order means--

(a) an order under section 122; or
(b) a CPOPOA disqualification order.

disqualified person see section 107D.

disqualifying offence see section 81.

eligibility application see section 107F(2).

eligibility declaration see section 107F(1).

engaged person--

(a) for a prescribed notice application--see section 83(1); or
(b) for an exemption notice application--see section 89A(1).

exemption notice means a notice issued under section 89C.

exemption notice application means an application for an exemption notice under section 89A.

final offender prohibition order means a final order under the Child Protection (Offender Prohibition Order) Act 2008.

final sexual offender order means a division 3 order under the Dangerous Prisoners (Sexual Offenders) Act 2003.

interim sexual offender order means an interim detention order or interim supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003.

issue, for part 10, division 7, subdivision 1, see section 108.

negative exemption notice see section 89C(2)(b).

offender prohibition order means an offender prohibition order under the Child Protection (Offender Prohibition Order) Act 2008.

offender reporting obligations means reporting obligations under the Child Protection (Offender Reporting) Act 2004.

part 10 reviewable decision, for part 10, division 7, subdivision 1, see section 108.

positive exemption notice see section 89C(2)(a).

prescribed period, for part 10, division 7, subdivision 1, see section 108.

relevant disqualified person means a person who--

(a) has been convicted of a disqualifying offence for which an imprisonment order was or is imposed; or
(b) is subject to--
(i) offender reporting obligations; or
(ii) an offender prohibition order; or
(iii) a disqualification order or CPOPOA disqualification order; or
(iv) a sexual offender order.

relevant disqualified person decision, for part 10, division 7, subdivision 1, see section 108.

sexual offender order means a division 3 order, interim detention order or interim supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003.

temporary offender prohibition order means a temporary order under the Child Protection (Offender Prohibition Order) Act 2008.'.

(6) Schedule 7, definition exceptional case, 'or (7)'--

omit, insert--

'or (11)'.

(7) Schedule 7, definition police information--

insert--

'(c) information as to whether the person is or has been--
(i) a relevant disqualified person; or
(ii) named as the respondent to an application for an offender prohibition order; or
(iii) the subject of an application for a disqualification order or CPOPOA disqualification order.'.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback