Queensland Numbered Acts

CHILD SAFE ORGANISATIONS ACT 2024

- As at 19 September 2024
- Act 49 of 2024

TABLE OF PROVISIONS

CHAPTER 1 - PRELIMINARY

   PART 1 - INTRODUCTION

   1.      Short title
   2.      Commencement
   3.      Main purposes
   4.      Act binds all persons

   PART 2 - INTERPRETATION

   5.      Definitions
   6.      Meaning of sector regulator
   7.      Meaning of head of an entity
   8.      Meaning of worker of an entity

CHAPTER 2 - CHILD SAFE STANDARDS

   PART 1 - PRELIMINARY

   9.      Meaning of child safe standards
   10.     Meaning of child safe entity

   PART 2 - REQUIREMENT TO IMPLEMENT AND COMPLY WITH CHILD SAFE STANDARDS

   11.     Child safe entities must implement and comply with child safe standards and universal principle
   12.     Entity may choose to be subject to this chapter

   PART 3 - OVERSIGHT BY QUEENSLAND FAMILY AND CHILD COMMISSION

           Division 1 - Functions of commission

   13.     Functions of commission for this chapter
   14.     Principles for implementing and complying with child safe standards and universal principle

           Division 2 - Monitoring and enforcement by commission

   15.     Commission may monitor compliance
   16.     Direction to conduct self-assessment
   17.     Assessment reports
   18.     Compliance notices

           Division 3 - Enforceable undertakings

   19.     Enforceable undertakings
   20.     Amendment of enforceable undertaking
   21.     Requirement to comply with enforceable undertaking
   22.     Register of enforceable undertakings

           Division 4 - Other enforcement action

   23.     Application to court
   24.     Publication of non-compliance

CHAPTER 3 - REPORTABLE CONDUCT SCHEME

   PART 1 - PRELIMINARY

   25.     Principles for administering chapter
   26.     Meaning of reportable conduct
   27.     Meaning of reportable allegation
   28.     Meaning of reportable conviction
   29.     Meaning of reporting entity

   PART 2 - REQUIREMENT FOR SYSTEMS

   30.     Head of reporting entity must ensure systems in place
   31.     Commission may require information about systems

   PART 3 - REQUIREMENTS FOR NOTIFYING AND INVESTIGATING REPORTABLE ALLEGATIONS AND REPORTABLE CONVICTIONS

           Division 1 - Preliminary

   32.     Meaning of worker for part

           Division 2 - Notification

   33.     Notifying reportable allegations or reportable convictions
   34.     Head of reporting entity must notify commission of reportable allegation or reportable conviction relating to worker
   35.     Requirements for initial report and interim report

           Division 3 - Investigation and report by head of reporting entity

   36.     Head of reporting entity must investigate reportable allegation or reportable conviction
   37.     Report by head of reporting entity
   38.     Commission may ask for further information

           Division 4 - Exemptions

   39.     Commission may exempt reporting entities from complying with part

   PART 4 - OVERSIGHT BY QUEENSLAND FAMILY AND CHILD COMMISSION

           Division 1 - Functions

   40.     Functions of commission

           Division 2 - Enforcement measures

   41.     Commission may monitor reporting entity’s investigation
   42.     Commission may ask sector regulator to investigate

           Division 3 - Investigations by commission

   43.     Commission may investigate reportable allegation or reportable conviction
   44.     Commission may interview child
   45.     Commission must give notice about findings of investigation

   PART 5 - MISCELLANEOUS

   46.     Concurrent investigations

CHAPTER 4 - DISCLOSURE OF INFORMATION AND CONFIDENTIALITY

   PART 1 - UNDERLYING PRINCIPLE

   47.     Underlying principle

   PART 2 - DISCLOSURE FOR CHILD SAFE STANDARDS

   48.     Prescribed child safe entities may disclose confidential information

   PART 3 - DISCLOSURE FOR REPORTABLE CONDUCT SCHEME

   49.     Particular entities may share information for reportable conduct scheme
   50.     Disclosure of information to persons affected by investigation
   51.     Disclosure of findings of reportable conduct to chief executive (working with children)
   52.     Obtaining information from director of public prosecutions or police commissioner

   PART 4 - GENERAL PROVISIONS FOR DISCLOSURE

   53.     Disclosure to another State or the Commonwealth
   54.     Information sharing arrangements
   55.     Interaction with other laws

CHAPTER 5 - CONFIDENTIALITY AND PROTECTION

   56.     Confidentiality of information
   57.     Confidentiality of information given by persons involved in administration of Act to other persons
   58.     Prohibition on publishing particular information
   59.     Protection from liability for giving information
   60.     Reprisal and grounds for reprisals
   61.     Offence for taking reprisal

CHAPTER 6 - INVESTIGATION AND ENFORCEMENT

   PART 1 - GENERAL PROVISIONS ABOUT AUTHORISED OFFICERS

           Division 1 - Appointment

   62.     Authorised officers under chapter
   63.     Functions of authorised officers
   64.     Appointment
   65.     Appointment conditions and limit on powers
   66.     When office ends
   67.     Resignation

           Division 2 - Identity cards

   68.     Issue of identity card
   69.     Production or display of identity card
   70.     Return of identity card

           Division 3 - Miscellaneous provisions

   71.     References to exercise of powers
   72.     Reference to document includes reference to reproductions from electronic document

   PART 2 - ENTRY OF PLACES BY AUTHORISED OFFICERS

           Division 1 - Power to enter

   73.     General power to enter places

           Division 2 - Entry by consent

   74.     Application of division
   75.     Incidental entry to ask for access
   76.     Matters authorised officer must tell occupier
   77.     Consent acknowledgement

           Division 3 - Entry under warrant

              Subdivision 1 - Obtaining warrant

   78.     Application for warrant
   79.     Issue of warrant
   80.     Electronic application
   81.     Additional procedure if electronic application
   82.     Defect in relation to a warrant

              Subdivision 2 - Entry procedure

   83.     Entry procedure

   PART 3 - OTHER AUTHORISED OFFICERS’ POWERS AND RELATED MATTERS

           Division 1 - General powers of authorised officers after entering places

   84.     Application of division
   85.     General powers
   86.     Power to require reasonable help
   87.     Offence to contravene help requirement

           Division 2 - Other information-obtaining powers of authorised officers

   88.     Information protected by legal professional privilege
   89.     Power to require personal details
   90.     Offence to contravene personal details requirement
   91.     Power to require information or attendance
   92.     Offence to contravene information or attendance requirement

   PART 4 - MISCELLANEOUS PROVISIONS RELATING TO AUTHORISED OFFICERS

           Division 1 - Damage

   93.     Duty to avoid inconvenience and minimise damage
   94.     Notice of damage

           Division 2 - Compensation

   95.     Compensation

           Division 3 - Offence to obstruct authorised officers

   96.     Obstructing authorised officer

           Division 4 - Immunity

   97.     Evidential immunity for individuals complying with particular requirements

CHAPTER 7 - REVIEW OF DECISIONS

   98.     Reviewable decisions
   99.     Application for internal review
   100.    Internal review
   101.    External review

CHAPTER 8 - GENERAL

   PART 1 - OFFENCES

   102.    Giving official false or misleading information
   103.    Person must not conceal, destroy etc. particular documents

   PART 2 - REPORTING

   104.    Reports
   105.    Consultation before including particular information in reports

   PART 3 - PROCEEDINGS

   106.    Evidentiary aids

   PART 4 - MISCELLANEOUS

   107.    Delegation
   108.    Guidelines
   109.    Review of Act
   110.    Regulation-making power

CHAPTER 9 - TRANSITIONAL PROVISIONS

   111.    RMS provisions do not apply to child safe entities
   112.    Application of ch 3 for conduct or convictions before a reporting entity’s start date

CHAPTER 10 - LEGISLATION AMENDED

   PART 1 - AMENDMENT OF THIS ACT

   113.    Act amended
   114.    Amendment of long title

   PART 2 - AMENDMENT OF EVIDENCE ACT 1977

   115.    Act amended
   116.    Amendment of s 21AZB (Unauthorised possession of, or dealing with, recording)
   117.    Amendment of s 93AA (Unauthorised possession of, or dealing in, s 93A criminal statements or section 93A transcripts)
   118.    Amendment of s 103Q (Unauthorised possession of, or dealing in, recorded statements or transcripts of recorded statements)

   PART 3 - AMENDMENT OF FAMILY AND CHILD COMMISSION ACT 2014

   119.    Act amended
   120.    Amendment of s 9 (Commission’s functions)
   121.    Amendment of s 18 (Functions of commissioners)
   122.    Amendment of s 40 (Annual report)

   PART 4 - AMENDMENT OF WORKING WITH CHILDREN (RISK MANAGEMENT AND SCREENING) ACT 2000

   123.    Act amended
   124.    Amendment of long title
   125.    Amendment of s 1 (Short title)
   126.    Amendment of s 5 (Object of Act)
   127.    Omission of ch 7, pt 3 (Risk management strategies)
   128.    Insertion of new s 343A
   129.    Insertion of new ch 11, pt 23

   PART 5 - OTHER AMENDMENTS

   130.    Sch 4 amendments
   131.    Legislation amended
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