Queensland Numbered Acts

CHILD PROTECTION REFORM AND OTHER LEGISLATION AMENDMENT ACT 2022

- As at 20 May 2022
- Act 7 of 2022

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Short title
   2.      Commencement

   PART 2 - AMENDMENT OF ADOPTION ACT 2009

   3.      Act amended
   4.      Amendment of s 198 (Chief executive to supervise child’s wellbeing and interests)
   5.      Insertion of new pt 16, div 4

   PART 3 - AMENDMENT OF CHILD PROTECTION ACT 1999

   6.      Act amended
   7.      Replacement of s 4 (Purpose of Act)
   8.      Amendment of s 5B (Other general principles)
   9.      Amendment of s 5C (Additional principles for Aboriginal or Torres Strait Islander children)
   10.     Amendment of s 5D (Principles about exercising powers and making decisions)
   11.     Replacement of s 5E (Obtaining child’s views)
   12.     Amendment and renumbering of s 6AA (Principles about Aboriginal and Torres Strait Islander children—chief executive, litigation director and authorised officers)
   13.     Amendment and renumbering of s 6AB (Principles about Aboriginal and Torres Strait Islander children—Childrens Court)
   14.     Insertion of new s 5H
   15.     Amendment of s 7 (Chief executive’s functions)
   16.     Amendment of s 11 (Who is a parent)
   17.     Amendment of s 13F (Mandatory reporting relating to children in departmental or licensed care services)
   18.     Amendment and renumbering of s 21A (Unborn children)
   19.     Omission of s 23 (Meaning of parent in pt 2)
   20.     Omission of s 37 (Meaning of parent in pt 3)
   21.     Omission of s 51AA (Meaning of parent in pt 3AA)
   22.     Omission of s 51F (Meaning of parent in pt 3A)
   23.     Amendment of s 51L (Who should be involved)
   24.     Amendment of s 51V (Review of plan—no long-term guardian)
   25.     Amendment of s 51W (Who may participate)
   26.     Omission of s 52 (Meaning of parent in pt 4)
   27.     Amendment of s 59A (Additional matters about making permanent care orders for Aboriginal or Torres Strait Islander children)
   28.     Amendment of s 67 (Court’s powers to make interim orders on adjournment)
   29.     Amendment of s 74 (Charter of rights for a child in care)
   30.     Amendment of s 74A (Chief executive’s obligations to children under particular child protection orders)
   31.     Amendment of s 83 (Additional provisions for placing Aboriginal and Torres Strait Islander children in care)
   32.     Amendment of s 83A (Giving information to carers and children)
   33.     Amendment of s 86 (Chief executive to notify parents of placing child in care—child protection order)
   34.     Replacement of s 99 (Custody or guardianship of child continues pending decision on application for order)
   35.     Amendment of s 99D (Principles for tribunal in matters relating to this Act)
   36.     Amendment of s 117 (Who may appeal)
   37.     Insertion of new s 118A
   38.     Replacement of s 121 (Powers of appellate court)
   39.     Insertion of new s 123A
   40.     Amendment of s 126 (Restrictions on granting application)
   41.     Amendment of s 129A (Licensee’s obligations)
   42.     Amendment of s 134 (Process to renew a certificate)
   43.     Amendment of s 135 (Restrictions on granting application)
   44.     Amendment of s 137 (Amendment of authority on application of holder)
   45.     Amendment of s 138 (Amendment of authority by the chief executive)
   46.     Amendment of s 138A (Amendment of kinship carer certificate to extend its expiry day)
   47.     Amendment of s 139 (Authority may be suspended or cancelled)
   48.     Insertion of new s 140B
   49.     Amendment of s 141 (Amendment, suspension and cancellation of authorities)
   50.     Amendment of s 141D (Personal history change—other persons associated with a licence)
   51.     Amendment of s 141H (Nominee for licence)
   52.     Replacement of ch 4, pt 2, div 7, hdg (Obtaining criminal histories and other information to decide persons’ suitability)
   53.     Amendment of s 142A (Persons whose suitability may be investigated)
   54.     Amendment of s 142C (Obtaining police information)
   55.     Insertion of new ss 142E and 142F
   56.     Amendment of s 148BB (Chief executive may delegate functions or powers)
   57.     Amendment of s 148BE (Automatic ending of delegation)
   58.     Insertion of new ch 4, pts 4 and 5
   59.     Amendment of s 159R (Interaction with other laws)
   60.     Amendment of s 166 (Offence to refuse contact with child in custody or guardianship)
   61.     Replacement of s 186 (Confidentiality of notifiers of harm or risk of harm)
   62.     Amendment of s 187 (Confidentiality of information obtained by persons involved in administration of Act)
   63.     Amendment of s 188D (Chief executive may give information about deceased child)
   64.     Omission of ch 7, pt 1, div 4 (Meaning of parent)
   65.     Insertion of new ch 9, pt 13
   66.     Amendment of sch 1 (Charter of rights for a child in care)
   67.     Amendment of sch 2 (Reviewable decisions and aggrieved persons)
   68.     Amendment of sch 3 (Dictionary)

   PART 4 - AMENDMENT OF CHILD PROTECTION REGULATION 2011

   69.     Regulation amended
   70.     Replacement of pt 3A (Prescribed entities for information sharing)
   71.     Replacement of s 21 (Person engaged in relation to provision of care services)

   PART 5 - AMENDMENT OF DISABILITY SERVICES ACT 2006

   72.     Act amended
   73.     Amendment of s 138D (Chief executive’s request for domestic violence information about relevant person)
   74.     Amendment of sch 8 (Dictionary)

   PART 6 - AMENDMENT OF WORKING WITH CHILDREN (RISK MANAGEMENT AND SCREENING) ACT 2000

           Division 1 - Preliminary

   75.     Act amended

           Division 2 - Amendments commencing on assent

   76.     Amendment of s 8 (Chief executive’s main functions)
   77.     Amendment of s 199 (Deemed withdrawal—applicant charged with serious offence or disqualifying offence etc.)
   78.     Replacement of s 221 (Deciding application—no conviction or conviction etc. for non-serious offence)
   79.     Amendment of s 223 (Deciding application—negative notice cancelled or holder of eligibility declaration)
   80.     Amendment of s 228 (Deciding exceptional case if disciplinary information or other relevant information exists)
   81.     Amendment of s 229 (Chief executive to invite submissions from person about particular information)
   82.     Amendment of s 283 (Deciding application—police officer if further screening not required)
   83.     Amendment of s 284 (Deciding application—registered teacher if further screening not required)
   84.     Amendment of s 289 (Term of exemption)
   85.     Amendment of s 295 (Application of division)
   86.     Amendment of s 299 (When suspension of authority ends)
   87.     Insertion of new s 315A
   88.     Amendment of s 344 (Giving information to chief executive (disability services))
   89.     Amendment of s 347 (Replacement of lost or stolen card)
   90.     Amendment of s 348 (Replacement card for change of name or contact details)
   91.     Amendment of s 350A (Holder and notifiable persons notified about expiry of working with children exemption)
   92.     Amendment of s 384 (Confidentiality of protected information)
   93.     Insertion of new ch 11, pt 21
   94.     Amendment of sch 7 (Dictionary)

           Division 3 - Amendments commencing by proclamation

   95.     Insertion of new ss 19 and 20
   96.     Amendment of s 175 (Clearance required to employ person in regulated employment)
   97.     Amendment of s 176A (Person prohibited from regulated employment without clearance)
   98.     Amendment of s 176C (Exemption required to employ police officer or registered teacher in regulated employment)
   99.     Amendment of s 176E (Police officer or registered teacher prohibited from regulated employment without exemption)
   100.    Amendment of s 176H (Definitions for division)
   101.    Amendment of s 195 (Notice of withdrawal)
   102.    Amendment of s 199 (Deemed withdrawal—applicant charged with serious offence or disqualifying offence etc.)
   103.    Insertion of new s 201
   104.    Amendment of s 221 (Deciding application—no relevant information or conviction etc. for non-serious offence)
   105.    Amendment of s 223 (Deciding application—negative notice cancelled or holder of eligibility declaration)
   106.    Amendment of s 228 (Deciding exceptional case if other relevant information exists)
   107.    Amendment of s 229 (Chief executive to invite submissions from person about particular information)
   108.    Amendment of s 283 (Deciding application—police officer if further screening not required)
   109.    Amendment of s 284 (Deciding application—registered teacher if further screening not required)
   110.    Replacement of s 295 (Application of division)
   111.    Amendment of s 300 (Chief executive’s decision about suspended authority)
   112.    Amendment of ch 8, pt 5A, div 3, hdg (Cancelling working with children authority without suspension)
   113.    Insertion of new s 303A
   114.    Amendment of s 304A (Cancelling authority because of subsequent information)
   115.    Amendment of s 304B (Action after decision)
   116.    Amendment of s 304C (Notifiable persons and potential employers notified about cancellation)
   117.    Amendment of s 304G (Application to cancel negative notice)
   118.    Amendment of ch 8, pt 6, div 4, hdg (Obtaining information from interstate police commissioner)
   119.    Insertion of new ss 320A and 320B
   120.    Replacement of ch 8, pt 6, div 8, hdg (Dealing with information)
   121.    Amendment, relocation and renumbering of s 339 (Chief executive to give notice to particular entities about a change in police information)
   122.    Amendment of s 344 (Giving information to chief executive (disability services))
   123.    Insertion of new ch 8, pt 6, div 9, hdg
   124.    Insertion of new ch 8, pt 6, div 10
   125.    Insertion of new ch 8, pt 6, div 11, hdg
   126.    Amendment of s 353 (Definitions for div 3)
   127.    Amendment of s 384 (Confidentiality of protected information)
   128.    Insertion of new ss 598 to 601
   129.    Amendment of sch 1, s 14 (Care of children under Child Protection Act 1999)
   130.    Replacement of sch 1, s 24 (Businesses relating to licensed care service under Child Protection Act 1999)
   131.    Amendment of sch 7 (Dictionary)
           Minor and consequential amendments
   132.    Legislation amended
           SCHEDULE 1