Queensland Numbered Acts

CRIMINAL HISTORY SCREENING LEGISLATION AMENDMENT ACT 2010 No. 5 - SECT 77

Part 13--

insert--

'In this division--

commencement means the commencement of this section.

engaged by the department means engaged by the department as defined under section 100 of the unamended Act.

police commissioner means the commissioner of the police service.

police information means a report or other information mentioned in section 108(2) of the unamended Act.

unamended Act means this Act as in force from time to time before the commencement.

'(1) This section applies if--

(a) before the commencement, there is a change in the criminal history of a person engaged by the department; and

(b) at the commencement, the person has not disclosed the details of the change to the chief executive as required by section 105 of the unamended Act.

'(2) Despite section 105 of the unamended Act, the person is no longer required to give the details to the chief executive under this Act.

Note--

See, however, the Public Service Act 2008, sections 155B and 257.

'(1) This section applies if--

(a) the chief executive has, under section 108 of the unamended Act, asked the police commissioner for police information about a person; and

(b) at the commencement, the police commissioner has not given the police information to the chief executive.

'(2) Despite section 108(3) of the unamended Act, the police commissioner is no longer required to comply with the commissioner's request.

'(1) This section applies if--

(a) before the commencement, the police commissioner gave the chief executive a person's police information under section 108 of the unamended Act; and

(b) at the commencement, the chief executive has not, in relation to the police information, made an assessment about the person's suitability to be, or continue to be, engaged by the department under section 110 of the unamended Act.

'(2) The chief executive must immediately--

(a) destroy the police information; and

(b) stop making the assessment.

Note--

Now see the following for assessing the person's suitability to be, or continue to be, engaged by the department--

(a) if the person is engaged in regulated employment--the Commission for Children and Young People and Child Guardian Act 2000, chapter 8 and the Public Service Act 2008, chapter 5, part 6, division 3A;

(b) otherwise--the Public Service Act 2008, chapter 5, part 6.

'(1) This section applies if--

(a) before the commencement, a person engaged by the department is charged with an indictable offence; and

(b) at the commencement, the police commissioner or director of public prosecutions (a prosecuting authority) has not given information about the charge to the chief executive as required by section 109 of the unamended Act.

'(2) Despite section 109 of the unamended Act, the prosecuting authority is no longer required to give the information to the chief executive.

'Section 110(2) of the unamended Act continues to apply in relation to information about a person received by the commissioner under part 10 of the unamended Act as if the Criminal History Screening Legislation Amendment Act 2010 had not been enacted.'.