Queensland Numbered Acts

CHILD SAFE ORGANISATIONS ACT 2024 - SECT 23

23 Application to court

(1) The commission may apply to the court for an order under this section if the commission is satisfied a child safe entity has failed to comply with—

(a) a compliance notice; or

(b) an enforceable undertaking.

(2) If the court is satisfied the child safe entity has failed to comply with the compliance notice or enforceable undertaking, the court may make 1 or more of the following orders—

(a) an order directing the child safe entity to comply with the compliance notice or enforceable undertaking;

(b) an order that the child safe entity pay the State as a civil penalty an amount of no more than 100 penalty units;

(c) any other order the court considers appropriate.

(3) In fixing the penalty, the court must consider—

(a) the size of, and resources available to, the child safe entity; and

(b) the nature and extent of the non-compliance; and

(c) the circumstances in which the contravention took place; and

(d) the likely harm caused by the failure to comply; and

(e) whether the child safe entity has previously failed to comply with a compliance notice or enforceable undertaking.

(4) In this section—

"court" means a Magistrates Court.