Queensland Numbered Acts

CHILD PROTECTION REFORM AND OTHER LEGISLATION AMENDMENT ACT 2022 - SECT 93

93 Insertion of new ch 11, pt 21

Chapter 11 —
insert—

Part 21 - Transitional provisions for Child Protection Reform and Other Legislation Amendment Act 2022

594 Definition for part In this part—

"relevant amendment" means—

(a) the amendment of chapter 8 by the Child Protection Reform and Other Legislation Amendment Act 2022 , part 6, division 2; or

(b) the amendment of chapter 8 by the Child Protection Reform and Other Legislation Amendment Act 2022 , part 6, division 3.

595 Existing application

(1) This section applies if, on the commencement of a relevant amendment, an eligibility application, working with children check application or an application under chapter 8, part 5A has been made but not decided or withdrawn.

(2) This Act, as in force from the commencement of the relevant amendment, applies for deciding the application.

(3) Subsection (4) applies if the chief executive gave the applicant a notice under section 229 in relation to the application before the commencement of the relevant amendment.

(4) The chief executive is required to give the applicant another notice under section 229 after the commencement of the relevant amendment only if the chief executive receives further information mentioned in section 229(2)(a) in relation to the application after the commencement of the relevant amendment.

596 Proposed decision under ch 8, pt 5A

(1) This section applies if the chief executive—

(a) before the commencement of a relevant amendment—

(i) was proposing to make a decision mentioned in section 294(1) in relation to a person; and

(ii) gave the applicant a notice under section 229, as applied by section 294(2), in relation to making the decision; and

(b) immediately before the commencement of the relevant amendment, had not made the decision.

(2) This Act, as in force from the commencement of the relevant amendment, applies for making the decision.

(3) The chief executive is required to give the person another notice under section 229, as applied by section 294(2), after the commencement of the relevant amendment only if the chief executive receives further information mentioned in section 229(2)(a) in relation to making the decision after the commencement of the relevant amendment.

597 Reviews and appeals

(1) This section applies—

(a) in relation to—

(i) a review of a chapter 8 reviewable decision; or

(ii) an appeal against a decision of QCAT relating to a chapter 8 reviewable decision; and

(b) if the review or appeal—

(i) was started but not decided or otherwise ended before the commencement of a relevant amendment; or

(ii) is started under this Act after the commencement of a relevant amendment.

(2) The entity hearing the review or appeal must apply this Act, as in force from the commencement of the relevant amendment, in relation to the subject matter of the review or appeal.