Queensland Numbered Acts

CRIMINAL HISTORY SCREENING LEGISLATION AMENDMENT ACT 2010 No. 5 - SECT 220

(1) Section 139A, heading, 'may'--

omit, insert--

'must'.

(2) Section 139A(1)(b), '(immediate suspension)'--

omit.

(3) Section 139A(1)(c), '(also immediate suspension)'--

omit.

(4) Section 139A(6)--

renumber as section 139A(8).

(5) Section 139A(2) to (5)--

omit, insert--

'(2) If the council or executive officer reasonably believes the action mentioned in subsection (1) (the action) may be relevant to the children's commissioner's functions or powers under chapter 8 of the commissioner's Act, the council or executive officer must give written notice about the action to the children's commissioner.

'(3) A notice under subsection (2) must state the following--

(a) the relevant person's name and address;

(b) the relevant person's date and place of birth;

(c) that the action has been taken against the person, without stating anything further about the action.

'(4) Subsection (5) applies if the children's commissioner--

(a) requests further information about the action; and

(b) notifies the council or executive officer that the person is an applicant for, or holder of, a prescribed notice or exemption notice under the commissioner's Act.

'(5) The council or executive officer must give the children's commissioner a written notice stating the following--

(a) for a notice about action taken under section 117--the form of action taken;

(b) when the matter that was the reason for the action happened;

(c) the nature of the matter mentioned in paragraph (b);

(d) any other information about the action the council or executive officer considers may be relevant to employment screening under the commissioner's Act, chapter 8, including, for example, details about the nature of the action.

'(6) If a notice is given under subsection (2) or (5) about action and the matter that was the reason for taking the action relates to a particular child, the notice must not contain information that identifies, or is likely to identify, the child.

'(7) If the council or executive officer gives the children's commissioner information under subsection (5) about action, and the action is set aside on review or appeal, the council or executive officer must notify the commissioner of the following--

(a) that the action has been set aside;

(b) the reasons given by the entity that set the action aside for setting it aside.'.