Queensland Numbered Acts Queensland Numbered ActsSections 157 to 165--
omit, insert--
'In this division--
CCYPCG commission means the Commission for Children and Young People and Child Guardian.
child-related employment screening means employment screening under the CCYPCG Act, chapter 8.
current, for a positive prescribed notice or positive exemption notice, means current within the meaning of the CCYPCG Act.
engage, a person, includes--
(a) engage the person under a contract for services; and
(b) engage the person on a voluntary basis; and
(c) if the person is a student, engage the person under an arrangement to provide the person with practical experience in the person's field of study.
exemption notice means an exemption notice under the CCYPCG Act.
negative exemption notice means a negative exemption notice under the CCYPCG Act.
negative prescribed notice means a negative notice under the CCYPCG Act.
prescribed notice means a prescribed notice under the CCYPCG Act.
'(1) The chief executive of a department other than the CCYPCG commissioner must ensure a person does not perform child-related duties in the department unless--
(a) if the person is engaged by the department as a volunteer and is not a police officer or registered teacher--the person has a current positive prescribed notice; or
(b) otherwise--
(i) the person has a current positive prescribed notice or current positive exemption notice; or
(ii) the chief executive has applied for a prescribed notice or exemption notice about the person as provided under section 159.
'(2) The CCYPCG commissioner must ensure a person does not perform child-related duties in the CCYPCG commission unless--
(a) if the person is engaged by the CCYPCG commission as a volunteer and is not a police officer or registered teacher--the person has a current positive prescribed notice or current positive exemption notice; or
(b) otherwise--
(i) the person has a current positive prescribed notice or current positive exemption notice; or
(ii) the CCYPCG commissioner has started to undertake child-related employment screening of the person as provided under section 160.
'(3) Subsection (1) or (2) applies even if the person is a public service employee at the time the chief executive proposes to engage the person to perform the child-related duties.
'(4) In this section--
registered teacher see the CCYPCG Act, schedule 7.
volunteer see the CCYPCG Act, section 165.
'(1) This section applies if--
(a) the chief executive of a department other than the CCYPCG commissioner proposes to engage a person in the department to perform child-related duties; and
(b) the person does not have a prescribed notice or exemption notice.
'(2) The chief executive must apply to the CCYPCG commissioner for the prescribed notice or exemption notice.
'(3) The application must be made, and dealt with, under the CCYPCG Act as if the chief executive were proposing to start employing, or continue employing, the person in regulated employment.
Notes--
1 Under the CCYPCG Act, section 199(3), a person who asks someone else to sign an application for a prescribed notice about the other person must warn the other person that it is an offence for a disqualified person within the meaning of the CCYPCG Act to sign the application.
2 An application for a prescribed notice or exemption notice must include the person's consent to child-related employment screening. See the CCYPCG Act, section 200 (for applications for prescribed notices) or 261 (for applications for exemption notices).
3 A person's consent to child-related employment screening may be withdrawn by the person or may be taken to be withdrawn in particular circumstances. See the CCYPCG Act, sections 204 to 210 (for applications for prescribed notices) or sections 264 to 271 (for applications for exemption notices).
'(1) This section applies if--
(a) the CCYPCG commissioner proposes to engage a person to perform child-related duties in the CCYPCG commission; and
(b) the person does not have a prescribed notice or exemption notice.
'(2) The CCYPCG commissioner must undertake child-related employment screening of the person.
'(3) For subsection (1), the CCYPCG Act, section 36 applies in relation to the person in the same way as it applies to a person who is to start, or continue in, regulated employment in the person's capacity as a member of the CCYPCG commission's staff.
Note--
The CCYPCG Act, section 36 provides for child-related employment screening, and the issue of a prescribed notice or exemption notice, for persons who are to start, or continue in, regulated employment as members of the staff of the CCYPCG commission.
'(1) This section applies if--
(a) the chief executive of a department engages a person to perform child-related duties on the basis the chief executive has--
(i) for a chief executive of a department other than the CCYPCG commissioner--applied for a prescribed notice or exemption notice about the person as mentioned in section 158(1)(b)(ii); or
(ii) for the CCYPCG commissioner--started to undertake child-related employment screening of the person as mentioned in section 158(2)(b)(ii); and
(b) the person is a public service employee at the time the chief executive engages the person; and
(c) either of the following happens--
(i) the person's consent to child-related employment screening is withdrawn, or taken to be withdrawn, under the CCYPCG Act;
(ii) the person is issued a negative prescribed notice or negative exemption notice.
'(2) The chief executive must ensure the person does not continue to perform child-related duties.
'(1) This section applies if--
(a) the chief executive of a department engages a person to perform child-related duties on the basis the chief executive has--
(i) for a chief executive of a department other than the CCYPCG commissioner--applied for a prescribed notice or exemption notice about the person as mentioned in section 158(1)(b)(ii); or
(ii) for the CCYPCG commissioner--started to undertake child-related employment screening of the person as mentioned in section 158(2)(b)(ii); and
(b) the person is not a public service employee at the time the chief executive engages the person.
'(2) The chief executive--
(a) may only appoint the person on probation under section 126 for a period not ending before the prescribed notice or exemption notice is issued to the person; and
(b) may confirm the person's appointment under section 126 only if the person is issued a positive prescribed notice or positive exemption notice; and
(c) must not confirm the person's appointment under section 126 if either of the following happens--
(i) the person's consent to child-related employment screening is withdrawn, or taken to be withdrawn, under the CCYPCG Act;
(ii) the person is issued a negative prescribed notice or negative exemption notice.
'(3) Subsection (2) does not limit section 126.
'(1) If the chief executive of a department engages a person to perform child-related duties in the department and the person's positive prescribed notice or positive exemption notice is suspended under the CCYPCG Act, the chief executive must ensure the person does not perform child-related duties while the notice is suspended.
'(2) If the chief executive of a department engages a person to perform child-related duties in the department and the person's positive prescribed notice or positive exemption notice is cancelled under the CCYPCG Act, the chief executive must ensure the person does not perform child-related duties.
'This division does not apply in relation to the following--
(a) engaging a person under a contract for services;
(b) engaging a person on a voluntary basis;
(c) engaging a student under an arrangement to provide the student with practical experience in the student's field of study.
'This division is subject to the Criminal Law (Rehabilitation of Offenders) Act 1986 but does not limit any other law, or other provision of this Act, under which a person's criminal history may be obtained.
'(1) This section applies if the CCYPCG commissioner--
(a) issues a positive prescribed notice or positive exemption notice to a person to be engaged by a department to perform either or both of the following (prescribed duties)--
(i) child-related duties;
(ii) regulated employment; and
(b) under the CCYPCG Act, section 235 or 293 (including as applied for section 159), gives the chief executive of the department a notice stating that the chief executive may need to undertake a further assessment of the person under this division to decide whether or not the department should engage the person.
'(2) If the chief executive proposes to engage the person to perform the prescribed duties, the chief executive may, under a part 6 directive, ask the person for written consent for the chief executive to obtain the person's criminal history under this division.
'(3) Subsection (2) applies even if the person is an employee of the department at the time the chief executive proposes to engage the person to perform the prescribed duties.
'(1) This section applies if the person does not consent, or withdraws his or her consent, to the chief executive obtaining the person's criminal history.
'(2) If the person is an employee of the department who is engaged in performing prescribed duties, the chief executive must ensure the person does not perform prescribed duties.
'(3) If the person is not an employee of the department who is engaged in performing prescribed duties, the chief executive is not required to consider the person for engagement to perform the prescribed duties.
'(1) If the person gives written consent to the chief executive obtaining the person's criminal history, the chief executive may ask the police commissioner for a written report about the person's criminal history.
'(2) The request may include the following--
(a) the person's name and any other name the chief executive believes the person may use or may have used;
(b) the person's date and place of birth, gender and address.
'(3) The police commissioner must give the requested report to the chief executive.
Note--
See sections 166 and 167 for when the police commissioner need not or must not give the requested report.
'After the person's criminal history report is given to the chief executive, the chief executive must, under a part 6 directive, consider the person's criminal history in making an assessment about the person's suitability for engagement to perform the prescribed duties.'.