Queensland Numbered Acts

CHILD PROTECTION AND OTHER ACTS AMENDMENT ACT 2010 No. 33 - SECT 93

(1) Schedule 3, definitions criminal history, disqualifying event, member of a person's household and parent--

omit.

(2) Schedule 3--

insert--

'charge, of an offence, means a charge in any form, including, for example, the following--

(a) a charge on an arrest;

(b) a notice to appear served under the Police Powers and Responsibilities Act 2000, section 382;

(c) a complaint under the Justices Act 1886;

(d) a charge by a court under the Justices Act 1886, section 42(1A), or another provision of an Act;

(e) an indictment.

criminal history, of a person, means all of the following--

(a) every conviction of the person for an offence, in Queensland or elsewhere, and whether before or after the commencement of this definition, including spent convictions;

(b) every charge made against the person for an offence, in Queensland or elsewhere, and whether before or after the commencement of this definition;

(c) every disqualification order made under the Commission for Children and Young People and Child Guardian Act 2000 in relation to the person, whether before or after the commencement of this definition;

(d) every disqualification order and offender prohibition order made under the Child Protection (Offender Prohibition Order) Act 2008 in relation to the person, whether before or after the commencement of this definition.

long-term guardian, of a child, means a person, other than the chief executive, who is granted long-term guardianship of the child under a child protection order.

Note--

See section 61(f)(i) and (ii).

member, of a person's household--

(a) includes--

(i) someone who lives in the person's home; and

(ii) an adult who, because of the nature of their contact with the child in need of protection and the context in which that contact happens, may create an unacceptable level of risk to the child; but

(b) does not include a parent of the child living in the person's home if the child was placed in the care of the person under section 82(1).

parent for--

(a) chapter 2, part 2--see section 23; or

(b) chapter 2, part 3--see section 37; or

(c) chapter 2, part 3AA--see section 51AA; or

(d) chapter 2, part 3A, see section 51F; or

(e) chapter 2, part 4--see section 52; or

(f) chapter 7--see section 205; or

(g) other provisions--see section 11.

Editor's note--

The definition parent applying to the provisions mentioned in paragraphs (a) to (f) is the same.

prohibiting event, for chapter 4, part 2, division 4, subdivision 3, see section 140AB.

relevant child, for chapter 5A, see section 159BA.

spent conviction means a conviction--

(a) for which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired under the Act; and

(b) that is not revived as prescribed by section 11 of that Act.

temporary custody order means an order under chapter 2, part 3AA.

transition order see section 65A(2).'.

(3) Schedule 3, definition carer, ' section 82'--

omit, insert--

'section 82(1)'.