Queensland Numbered Acts Queensland Numbered ActsAfter section 357--
insert--
'The purposes of this chapter are--
(a) to enable the commissioner to obtain a prescribed notice or exemption notice for persons who are to be engaged, or to continue to be engaged, by the commission in regulated employment; and
(b) to require persons who are to be engaged, or to continue to be engaged, by the commission in child-related duties to have a positive notice or positive exemption notice, and to enable the commissioner to obtain a prescribed notice or exemption notice for the persons; and
(c) to enable the commissioner to obtain the criminal history of, and related information about, a person who proposes to be, or is, engaged by the commission, so that the commissioner can assess the person's suitability to be, or continue to be, engaged by the commission.
'This chapter applies to a person despite anything in the Criminal Law (Rehabilitation of Offenders) Act 1986.
'Before a person is engaged by the commission, the commissioner must tell the person--
(a) of the person's duties of disclosure under this chapter; and
(b) that the commissioner may obtain the information about the person mentioned in section 357P; and
(c) that guidelines for dealing with information obtained by the commissioner under this chapter are available from the commissioner on request.
'A person seeking to be engaged by the commission must disclose to the commissioner, before being so engaged--
(a) whether or not the person has a criminal history; and
(b) if the person has a criminal history--the person's complete criminal history.
'(1) If there is a change in the criminal history of a person engaged by the commission, the person must immediately disclose to the commissioner the details of the change.
'(2) For a person who does not have a criminal history, there is taken to be a change in the person's criminal history if the person acquires a criminal history.
'(1) To comply with section 357D or 357E, a person must give the commissioner a disclosure in the approved form.
'(2) The information disclosed by a person about a conviction or charge of an offence in the person's criminal history must include--
(a) the existence of the conviction or charge; and
(b) when the offence was committed or alleged to have been committed; and
(c) the details of the offence or alleged offence; and
(d) for a conviction, whether or not a conviction was recorded and the sentence imposed on the person.
'(1) A person must not--
(a) give the commissioner a disclosure for this part that is false, misleading or incomplete in a material particular; or
(b) fail to give the commissioner a disclosure as required under section 357E, unless the person has a reasonable excuse.
Maximum penalty--100 penalty units or 2 years imprisonment.
'(2) Subsection (1)(a) does not apply to a person if the person, when making the disclosure--
(a) tells the commissioner, to the best of the person's ability, how it is false, misleading or incomplete; and
(b) if the person has, or can reasonably obtain, the correct information--gives the correct information.
'(1) This section applies in relation to a person who--
(a) proposes to be, or is, engaged by the commission; and
(b) is to start, or continue in, regulated employment in that capacity.
'(2) The commissioner may ask the person for written consent for the commissioner to undertake employment screening of the person under chapter 8.
'(3) Subsection (2) applies even if the person is a public service employee at the time the person is to start, or continue in, the regulated employment.
'(4) If the person does not give the consent, or withdraws his or her consent, the commissioner must ensure the person does not start, or continue in, the regulated employment.
'(5) If the person gives the consent, the commissioner may--
(a) if the person is not a police officer or registered teacher--undertake employment screening of the person under chapter 8, and issue a prescribed notice to the person, as if the commissioner were deciding a prescribed notice application about the person; or
(b) if the person is a police officer or registered teacher--undertake employment screening of the person under chapter 8, and issue an exemption notice to the person, as if the commissioner were deciding an exemption notice application about the person.
'(6) The person's consent to employment screening may be withdrawn--
(a) if the person is not a police officer or registered teacher--under sections 204 to 208 as if a prescribed notice application has been made about the person; or
(b) if the person is a police officer or registered teacher--under sections 264 to 269 as if an exemption notice application has been made about the person.
'(1) This part applies to duties to be performed in the commission if, under a part 6 directive, the commissioner decides--
(a) the duties--
(i) are to be performed at a place at which services are provided only or mainly to a child or children; or
(ii) are to be performed in a role involving providing services only or mainly to a child or children; or
(iii) involve contact with a child or children that is of a kind, or happens in a context, that may create an unacceptable level of risk for the child or children; and
(b) it is necessary to conduct employment screening of a person engaged to perform the particular duties to ensure the person is suitable to perform them; and
(c) the particular duties are not likely to involve regulated employment.
'(2) Duties to which this division applies are child-related duties.
'(3) In this section--
part 6 directive means a directive under the Public Service Act 2008 made for chapter 5, part 6 of that Act.
'(1) The commissioner must ensure a person does not perform child-related duties in the commission unless--
(a) if the person is engaged by the commission as a volunteer and is not a police officer or registered teacher--the person has a current positive notice; or
(b) otherwise--
(i) the person has a current positive notice or current positive exemption notice; or
(ii) the commissioner has started to undertake employment screening of the person as provided under section 357K.
'(2) Subsection (1) applies even if the person is engaged by the commission at the time the commissioner proposes to engage the person to perform the child-related duties.
'(1) This section applies if--
(a) the commissioner proposes to engage a person to perform child-related duties in the commission; and
(b) the person does not have a prescribed notice or exemption notice.
'(2) With the person's written consent, the commissioner must undertake child-related employment screening of the person.
'(3) For subsection (2), section 357H applies in relation to the person in the same way as it applies to a person who is to be engaged, or to continue to be engaged, by the commission in regulated employment.
'(1) This section applies if--
(a) the commissioner engages a person to perform child-related duties on the basis the commissioner has started to undertake employment screening of the person as mentioned in section 357K; and
(b) the person is a public service employee at the time the commissioner engages the person; and
(c) either of the following happens--
(i) the person's consent to employment screening is withdrawn, or taken to be withdrawn, under this Act;
(ii) the person is issued with a negative notice or negative exemption notice.
'(2) The commissioner must ensure the person does not continue to perform child-related duties.
'(1) This section applies if--
(a) the commissioner engages a person to perform child-related duties on the basis the commissioner has started to undertake employment screening of the person as mentioned in section 357K; and
(b) the person is not a public service employee at the time the chief executive engages the person.
'(2) The commissioner--
(a) may only appoint the person on probation under the Public Service Act 2008, 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 the Public Service Act 2008, section 126 only if the person is issued with a positive notice or positive exemption notice; and
(c) must not confirm the person's appointment under the Public Service Act 2008, section 126 if either of the following happens--
(i) the person's consent to employment screening is withdrawn, or taken to be withdrawn, under this Act;
(ii) the person is issued with a negative notice or negative exemption notice.
'(3) Subsection (2) does not limit the power under the Public Service Act 2008, section 126 to have a longer probationary period or to terminate the person's employment.
'(1) If the commissioner engages a person to perform child-related duties in the commission and the person's positive notice or positive exemption notice is suspended under chapter 8, the commissioner must ensure the person does not perform child-related duties while the notice is suspended.
'(2) If the commissioner engages a person to perform child-related duties in the commission and the person's positive notice or positive exemption notice is cancelled under chapter 8, the commissioner must ensure the person does not perform child-related duties.
'(1) This division applies in relation to a person who--
(a) is engaged by the commission; or
(b) seeks to be engaged by the commission and has given the commissioner a disclosure for the purposes of part 2.
'(2) However, this division applies in relation to a person who is to start, or continue in, regulated employment or child-related duties only if--
(a) the person has been issued with a positive notice or positive exemption notice; and
(b) the commissioner is aware the person has a criminal history or is aware of investigative information about the person.
'(1) The commissioner may ask the police commissioner to give the commissioner the following information about the person--
(a) a written report about the person's criminal history;
(b) a brief description of the circumstances of a conviction or charge mentioned in the person's criminal history;
(c) information about an investigation relating to the possible commission of a serious offence by the person.
'(2) Subject to subsections (3) and (4), the police commissioner must comply with the request.
'(3) The duty imposed on the police commissioner to comply with the request--
(a) applies only to information in the police commissioner's possession or to which the police commissioner has access; and
(b) in relation to information mentioned in subsection (1)(c)--applies only to information recorded on a central electronic database kept by the police commissioner.
'(4) The police commissioner must not give information about an investigation relating to the possible commission of a serious offence by the person if--
(a) the police commissioner is reasonably satisfied that giving the information--
(i) may prejudice or otherwise hinder an investigation to which the information may be relevant; or
(ii) may lead to the identification of an informant; or
(iii) may affect the safety of a police officer, complainant or other person; or
(b) for an investigation that has been completed--the investigation has not led, and the police commissioner is reasonably satisfied it is unlikely to lead, to a reasonable suspicion that the person committed a serious offence; or
(c) for an investigation that has not been completed--the police commissioner is reasonably satisfied the investigation is unlikely to lead to a reasonable suspicion that the person committed a serious offence.
'(1) This section applies if a person is charged with a relevant offence and the police commissioner or the director of public prosecutions (a prosecuting authority) is aware that the person is engaged by the commission.
'(2) If the person is committed by a court for trial for a relevant offence, the prosecuting authority must, within 7 days after the committal, give written notice to the commissioner of the following--
(a) the person's name;
(b) the court;
(c) particulars of the offence;
(d) the date of the committal;
(e) the court to which the person was committed.
'(3) If the person is convicted before a court of a relevant offence, the prosecuting authority must, within 7 days after the conviction, give written notice to the commissioner of the following--
(a) the person's name;
(b) the court;
(c) particulars of the offence;
(d) the date of the conviction;
(e) the sentence imposed by the court.
'(4) If the person is convicted of a relevant offence, and has appealed the conviction, and the appeal is finally decided or has otherwise ended, the prosecuting authority must, within 7 days after the decision or the day the appeal otherwise ends, give written notice to the commissioner of the following--
(a) the person's name;
(b) particulars of the offence;
(c) the date of the decision or other ending of the appeal;
(d) if the appeal was decided--
(i) the court in which it was decided; and
(ii) particulars of the decision.
'(5) If the prosecution process ends without the person being convicted of a relevant offence, the prosecuting authority must, within 7 days after the process ends, give written notice to the commissioner about the following--
(a) the person's name;
(b) if relevant, the court in which the process ended;
(c) particulars of the alleged offence;
(d) the date the process ended.
'(6) For subsection (5), a prosecution process ends if--
(a) an indictment is presented against the person and--
(i) a nolle prosequi is entered on the indictment; or
(ii) the person is acquitted; or
(b) the process has otherwise ended.
'(7) A reference in this section to a conviction of a relevant offence includes a summary conviction of an indictable offence.
'(8) In this section--
relevant offence means--
(a) an indictable offence; or
(b) a disqualifying offence that is not an indictable offence.
'(1) This section applies to the commissioner in considering information about a person received under this chapter.
'(2) The information must not be used for any purpose other than assessing the person's suitability to be, or continue to be, engaged by the commission.
'(3) When making the assessment, the commissioner must have regard to the following matters relating to information about the commission, or alleged or possible commission, of an offence by the person--
(a) when the offence was committed, is alleged to have been committed or may possibly have been committed;
(b) the nature of the offence and its relevance to the person's proposed duties or duties in the commission;
(c) anything else the commissioner considers relevant to the assessment of the person.
'(1) This section applies to information obtained by the commissioner about a person, under this chapter, from the police commissioner.
'(2) Before using the information to assess the person's suitability to be, or continue to be, engaged by the commission, the commissioner must--
(a) disclose the information to the person; and
(b) allow the person a reasonable opportunity to make representations to the commissioner about the information.
'(1) The commissioner must make guidelines, consistent with this Act, for dealing with information obtained by the commissioner under this chapter.
'(2) The purpose of the guidelines is to ensure--
(a) natural justice is afforded to the persons about whom the information is obtained; and
(b) only relevant information is used in assessing the persons' suitability to be, or continue to be, engaged by the commission; and
(c) decisions about the suitability of persons, based on the information, are made consistently.
'(3) The commissioner must give a copy of the guidelines, on request, to a person who is seeking to be engaged, or who is engaged, by the commission.'.