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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Criminal History Screening
Legislation Amendment Bill
2010
Queensland
Criminal History Screening Legislation
Amendment Bill 2010
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Part 2 Amendment of Child Care Act 2002
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
4 Amendment of s 26 (Suitability of licensee and related persons) 34
5 Amendment of s 27 (Prescribed notices for carers and staff
members) ..................................... 35
6 Amendment of s 45 (Suspension or revocation of licence) . . . . . 35
7 Replacement of s 50A (Chief executive may notify
Commissioner for Children and Young People and Child
Guardian about particular information). . . . . . . . . . . . . . . . . . . . . 35
50A Chief executive to give particular information to
children's commissioner . . . . . . . . . . . . . . . . . . . . . . . 35
8 Amendment of s 54 (Death of sole licensee) . . . . . . . . . . . . . . . . 37
9 Amendment of pt 3, div 5, hdg (Prescribed notices) . . . . . . . . . . 38
10 Amendment of s 74 (Licensee must keep evidence of
compliance with Commission for Children and Young People
and Child Guardian Act 2000) . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
11 Amendment of s 80 (Licensee to inform chief executive of
relevant changes) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
12 Amendment of s 97 (Suitability of other persons in a home) . . . . 39
13 Replacement of s 107A (Chief executive to give notice to the
Commissioner for Children and Young People and Child
Guardian) ..................................... 40
107A Chief executive to give notice to the children's
commissioner ......................... 40
14 Amendment of s 137 (Power to require production of
documents) ................................... 41
Criminal History Screening Legislation Amendment Bill 2010
Contents
15 Amendment of s 139 (Suitability of persons in home in which
stand alone child care is provided) . . . . . . . . . . . . . . . . . . . . . . . . 42
16 Amendment of s 140 (Chief executive may obtain information
about suitability checks) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
17 Amendment of s 165 (Application of Act to corporations) . . . . . . 44
18 Amendment of s 165A (Pending application for a prescribed
notice--corporate licensee) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
19 Replacement of s 166 (Applications for prescribed notices by
occupants of homes) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
166 Applications for prescribed notices or exemption
notices by occupants of homes . . . . . . . . . . . . . . . . . 44
20 Insertion of new pt 10, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Division 5 Transitional provisions for Criminal History
Screening Legislation Amendment Act 2010
196 Giving information about disciplinary action to
children's commissioner . . . . . . . . . . . . . . . . . . . . . . . 46
197 Giving information about prohibition notice to
children's commissioner . . . . . . . . . . . . . . . . . . . . . . . 46
198 Existing applications for prescribed notices by
occupants of home . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
21 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 47
Part 3 Amendment of Child Protection Act 1999
22 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
23 Amendment of s 99F (Review applications by commissioner) . . . 49
24 Amendment of s 125 (Application for, or renewal of, licence). . . . 49
25 Amendment of s 126 (Restrictions on granting application) . . . . . 50
26 Amendment of s 129 (Refusal of application) . . . . . . . . . . . . . . . 50
27 Amendment of s 130 (Nominees). . . . . . . . . . . . . . . . . . . . . . . . . 50
28 Amendment of s 133 (Process for initial issue of a certificate). . . 50
29 Amendment of s 134 (Process to renew a certificate) . . . . . . . . . 51
30 Amendment of s 135 (Restrictions on granting application) . . . . . 51
31 Amendment of s 136 (Refusal of application) . . . . . . . . . . . . . . . 51
32 Amendment of s 137 (Amendment of authority on application of
holder) ........................................ 52
33 Amendment of s 139 (Authority may be suspended or
cancelled) ................................. 52
34 Amendment of s 140AB (Definitions for sdiv 3) . . . . . . . . . . . . . . 52
35 Amendment of s 140AC (Immediate suspension) . . . . . . . . . . . . 53
36 Amendment of s 140AF (End of suspension). . . . . . . . . . . . . . . . 53
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Criminal History Screening Legislation Amendment Bill 2010
Contents
37 Amendment of s 140AG (Cancellation of certificate of approval). 54
38 Amendment of s 140AH (Cancellation of licence) . . . . . . . . . . . . 54
39 Replacement of s 140A (Chief executive may notify children's
commissioner about particular information) . . . . . . . . . . . . . . . . . 54
140A Chief executive to give particular information to
children's commissioner . . . . . . . . . . . . . . . . . . . . . . . 54
40 Amendment of s 141B (Personal history). . . . . . . . . . . . . . . . . . . 56
41 Amendment of s 141H (Nominee for licence). . . . . . . . . . . . . . . . 56
42 Amendment of s 141I (Director of licensee) . . . . . . . . . . . . . . . . . 56
43 Amendment of s 142 (Meaning of police information) . . . . . . . . . 57
44 Amendment of s 148A (Chief executive to notify children's
commissioner about particular persons) . . . . . . . . . . . . . . . . . . . 57
45 Amendment of s 148B (Obtaining particular information from
children's commissioner) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
46 Amendment of s 148D (Pending application for prescribed
notice) ....................................... 58
47 Amendment of s 246G (Preparation of supplementary report) . . 58
48 Amendment of s 246H (Chief executive to give reports to State
Coroner) ...................................... 59
49 Insertion of new ch 9, pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Part 7 Transitional provision for Criminal History
Screening Legislation Amendment Act 2010
269 Giving information about disciplinary action to
children's commissioner . . . . . . . . . . . . . . . . . . . . . . . 59
50 Amendment of sch 2 (Reviewable decisions and aggrieved
persons) ...................................... 60
51 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 60
Part 4 Amendment of Child Protection (Offender Prohibition
Order) Act 2008
52 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
53 Amendment of s 25 (Making disqualification order instead of
temporary order). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
54 Amendment of s 28 (Revoking a disqualification order) . . . . . . . . 62
55 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 62
Part 5 Amendment of Commission for Children and Young People
and Child Guardian Act 2000
56 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
57 Replacement of s 30 (Criminal history screening of
commission's staff) .............................. 63
30 Employment screening of commission's staff. . . . . . . 63
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Criminal History Screening Legislation Amendment Bill 2010
Contents
58 Replacement of pt 6 (Screening for regulated employment and
regulated businesses) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
Chapter 8 Screening for regulated employment and
regulated businesses
Part 1 Preliminary
Division 1 General
154 Main purpose of ch 8 . . . . . . . . . . . . . . . . . . . . . . . . . 65
155 Safety and wellbeing of children to be paramount
consideration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
Division 2 Application of chapter
156 Employment and businesses regulated by this
chapter .............................. 65
157 This chapter applies despite the Criminal Law
(Rehabilitation of Offenders) Act 1986 . . . . . . . . . . . . 66
158 Declaration relating to exemption to category of
regulated employment . . . . . . . . . . . . . . . . . . . . . . . . 66
159 Declaration relating to exemption to category of
regulated business . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
160 Application of chapter to children . . . . . . . . . . . . . . . . 67
Part 2 Interpretation
161 What is employment . . . . . . . . . . . . . . . . . . . . . . . . . . 67
162 What is employment when education provider
arranges trainee student to carry out work for
someone else ......................... 68
163 What is employment in child care. . . . . . . . . . . . . . . . 69
164 Matters about particular regulated employment
relating to care of children . . . . . . . . . . . . . . . . . . . . . 70
165 Who is a volunteer . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
166 Executive officers of a corporation carrying on a
regulated business . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
167 What is a serious offence . . . . . . . . . . . . . . . . . . . . . . 71
168 What is a disqualifying offence . . . . . . . . . . . . . . . . . . 72
169 Who is a disqualified person . . . . . . . . . . . . . . . . . . . 73
170 Who is a relevant disqualified person. . . . . . . . . . . . . 73
Part 3 Risk management strategies
171 Risk management strategies about persons
employed in regulated employment . . . . . . . . . . . . . . 74
172 Risk management strategies about regulated
businesses ........................... 75
Part 4 Prescribed notices
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Criminal History Screening Legislation Amendment Bill 2010
Contents
Division 1 Preliminary
173 Part does not apply to police officers or registered
teachers ............................. 75
174 Offences for disqualified person . . . . . . . . . . . . . . . . . 75
175 Commissioner to give notice if person signing or
making prescribed notice application is disqualified
person .............................. 76
176 Giving notification under pt 4 . . . . . . . . . . . . . . . . . . . 77
Division 2 Eligibility declaration
177 Purpose of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
178 Application for an eligibility declaration. . . . . . . . . . . . 78
179 Notice of change of name and contact details in
eligibility application . . . . . . . . . . . . . . . . . . . . . . . . . . 79
180 Commissioner's decision on eligibility application . . . 79
181 Eligibility declaration taken to have been issued . . . . 80
182 Withdrawing eligibility application generally . . . . . . . . 81
183 Deemed withdrawal of eligibility application if
identity can not be established . . . . . . . . . . . . . . . . . . 81
184 Deemed withdrawal of eligibility application if
particular requests not complied with . . . . . . . . . . . . . 81
185 Expiry of eligibility declaration . . . . . . . . . . . . . . . . . . 82
186 Reversal of decision refusing an eligibility declaration 83
Division 3 Prescribed notice required for employment of
volunteers in regulated employment
187 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
188 Starting employment of volunteers. . . . . . . . . . . . . . . 83
189 Currency of prescribed notice for person continuing
employment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
Division 4 Prescribed notice required for employment of
other persons in regulated employment
190 Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
191 Continuing employment of certain regular employees 85
192 Starting employment of certain regular employees . . 86
193 Starting employment of new employees. . . . . . . . . . . 87
194 Prohibited employment. . . . . . . . . . . . . . . . . . . . . . . . 88
Division 5 Obligations if holder of negative notice or
negative exemption notice, or prescribed
notice application is withdrawn
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Criminal History Screening Legislation Amendment Bill 2010
Contents
195 Person holding negative notice or negative
exemption notice not to apply for, or start or continue
in, regulated employment etc. . . . . . . . . . . . . . . . . . . 89
196 Person who has withdrawn consent to employment
screening not to start or continue in regulated
employment .......................... 90
Division 6 Prescribed notice required for regulated
business
197 Carrying on regulated business . . . . . . . . . . . . . . . . . 90
198 Currency of prescribed notice for person carrying on
regulated business . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
Division 7 Applying for prescribed notice for regulated
employment
199 Who makes application . . . . . . . . . . . . . . . . . . . . . . . 92
200 Form of application. . . . . . . . . . . . . . . . . . . . . . . . . . . 93
201 Commissioner may obtain further information . . . . . . 94
202 Payment of fee for application . . . . . . . . . . . . . . . . . . 94
203 Withdrawal of application generally . . . . . . . . . . . . . . 95
204 Withdrawal of consent to employment screening
generally ............................. 96
205 Deemed withdrawal of consent to employment
screening if identity can not be established . . . . . . . . 96
206 Deemed withdrawal of consent to employment
screening if particular requests not complied with . . . 97
207 Deemed withdrawal of consent to employment
screening if employment changes . . . . . . . . . . . . . . . 97
208 Deemed withdrawal of consent to employment
screening if charged with disqualifying offence etc. . . 99
209 Effect of withdrawal of consent to employment
screening ............................ 99
210 Notice about withdrawal of application or negative
notice or negative exemption notice . . . . . . . . . . . . . . 99
Division 8 Applying for prescribed notice for regulated
businesses
211 Who makes application . . . . . . . . . . . . . . . . . . . . . . . 100
212 Form of application. . . . . . . . . . . . . . . . . . . . . . . . . . . 100
213 Commissioner may obtain further information . . . . . . 101
214 Withdrawal of application generally . . . . . . . . . . . . . . 101
215 Deemed withdrawal of application if identity can not
be established . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
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Criminal History Screening Legislation Amendment Bill 2010
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216 Deemed withdrawal of application if particular
requests not complied with. . . . . . . . . . . . . . . . . . . . . 102
217 Deemed withdrawal of application if person charged
with disqualifying offence etc.. . . . . . . . . . . . . . . . . . . 103
218 Notice about withdrawal of application or negative
notice or negative exemption notice . . . . . . . . . . . . . . 103
Division 9 Deciding prescribed notice application
219 Application of div 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
220 Positive notice or negative notice to be issued. . . . . . 104
221 Issuing prescribed notice to person with no
conviction etc. or conviction for offence other than
serious offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
222 Issuing prescribed notice to previous holder of a
positive exemption notice . . . . . . . . . . . . . . . . . . . . . . 105
223 Issuing prescribed notice to person whose negative
notice or negative exemption notice is cancelled or
who holds eligibility declaration . . . . . . . . . . . . . . . . . 106
224 Issuing negative notice to relevant disqualified
person except because of temporary or interim order 107
225 Issuing prescribed notice to other persons. . . . . . . . . 107
226 Deciding exceptional case if conviction or charge . . . 108
227 Deciding exceptional case if investigative information
exists ............................... 109
228 Deciding exceptional case if disciplinary information
exists ............................... 109
229 Commissioner to invite submissions from person
about particular information . . . . . . . . . . . . . . . . . . . . 110
230 Commissioner to be notified of change of particular
information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
231 Currency of prescribed notice and positive notice
blue card ............................. 111
Division 10 Steps after prescribed notice application
decided
232 Application of div 10 . . . . . . . . . . . . . . . . . . . . . . . . . . 112
233 Additional information to be given if negative notice
issued ............................... 112
234 Notifiable person to be notified of decision. . . . . . . . . 112
235 Department to be given particular advice. . . . . . . . . . 113
Division 11 Cancellation or suspension of prescribed
notices
236 Cancelling negative notice etc. on holder's
application ........................... 114
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Criminal History Screening Legislation Amendment Bill 2010
Contents
237 Cancelling positive notice and substituting it with
negative notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
238 Cancelling negative notice and issuing positive
notice ............................... 117
239 Cancelling positive notice if relevant disqualified
person .............................. 118
240 Suspension of a positive notice if charged with
disqualifying offence or subject to temporary or
interim order ..................... 119
241 Ending of suspension under s 240 and issue of
further prescribed notice . . . . . . . . . . . . . . . . . . . . . . 122
242 Suspension of a positive notice held by registered
teacher if teacher registration suspended . . . . . . . . 124
243 Ending of suspension under s 242 and issue of
further prescribed notice or exemption notice . . . . . . 126
244 Cancelling positive notice on holder's request . . . . . . 129
Division 12 Return of prescribed notices etc.
245 Return of previously held prescribed notice or
exemption notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
246 Return of cancelled positive notice. . . . . . . . . . . . . . . 130
Division 13 Persons who are police officers or registered
teachers
247 Prescribed notices held by police officers and
registered teachers. . . . . . . . . . . . . . . . . . . . . . . . . . . 131
Part 5 Exemption notices
Division 1 Preliminary
248 Part applies to police officers or registered teachers . 132
249 Giving notification under pt 5 . . . . . . . . . . . . . . . . . . . 132
Division 2 Exemption notice required for employment of
volunteers in regulated employment
250 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
251 Starting employment . . . . . . . . . . . . . . . . . . . . . . . . . 133
Division 3 Exemption notice required for employment of
other persons in regulated employment
252 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
253 Continuing employment of certain regular employees 134
254 Starting employment of certain regular employees . . 134
255 Starting employment of new employees. . . . . . . . . . . 135
256 Prohibited employment. . . . . . . . . . . . . . . . . . . . . . . . 136
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Criminal History Screening Legislation Amendment Bill 2010
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Division 4 Obligations if holder of negative notice or
negative exemption notice, or exemption
notice application is withdrawn
257 Person holding negative notice or negative
exemption notice not to apply for, or start or continue
in, regulated employment etc. . . . . . . . . . . . . . . . . . . 137
258 Person who has withdrawn consent to employment
screening not to start or continue in regulated
employment .......................... 138
Division 5 Exemption notice required for regulated
business
259 Carrying on regulated business . . . . . . . . . . . . . . . . . 139
Division 6 Applying for exemption notice for regulated
employment
260 Who makes application . . . . . . . . . . . . . . . . . . . . . . . 139
261 Form of application. . . . . . . . . . . . . . . . . . . . . . . . . . . 140
262 Commissioner may obtain further information . . . . . . 141
263 Withdrawal of application generally . . . . . . . . . . . . . . 141
264 Withdrawal of consent to employment screening
generally ............................. 142
265 Deemed withdrawal of consent to employment
screening if person ceases to be police officer or
registered teacher . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
266 Deemed withdrawal of consent to employment
screening if identity can not be established . . . . . . . . 143
267 Deemed withdrawal of consent to employment
screening if particular requests not complied with . . . 143
268 Deemed withdrawal of consent to employment
screening if employment changes . . . . . . . . . . . . . . . 144
269 Deemed withdrawal of consent to employment
screening if charged with disqualifying offence etc. . . 145
270 Effect of withdrawal of consent to employment
screening ............................. 146
271 Notice about withdrawal of application or negative
exemption notice or negative notice . . . . . . . . . . . . . . 146
Division 7 Applying for exemption notice for regulated
businesses
272 Who makes application . . . . . . . . . . . . . . . . . . . . . . . 147
273 Form of application. . . . . . . . . . . . . . . . . . . . . . . . . . . 147
274 Commissioner may obtain further information . . . . . . 147
275 Withdrawal of application generally . . . . . . . . . . . . . . 148
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276 Deemed withdrawal of application if no longer police
officer or registered teacher . . . . . . . . . . . . . . . . . . . . 148
277 Deemed withdrawal of application if identity can not
be established . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
278 Deemed withdrawal of application if particular
requests not complied with. . . . . . . . . . . . . . . . . . . . . 149
279 Deemed withdrawal of application if charged with
disqualifying offence etc. . . . . . . . . . . . . . . . . . . . . . . 149
280 Notice about withdrawal of application or negative
notice or negative exemption notice . . . . . . . . . . . . . . 150
Division 8 Deciding exemption notice application
281 Application of div 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
282 Positive exemption notice or negative exemption
notice to be issued . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
283 Issuing positive exemption notice to police officer if
further screening not required . . . . . . . . . . . . . . . . . . 151
284 Issuing positive exemption notice to registered
teacher if further screening not required . . . . . . . . . . 152
285 Issuing exemption notice if ss 283 and 284 do not
apply ............................... 152
286 Obtaining advice from police commissioner. . . . . . . . 153
287 Obtaining advice from college of teachers . . . . . . . . . 154
288 Commissioner to be notified of change of particular
information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
289 Currency of exemption notice. . . . . . . . . . . . . . . . . . . 155
Division 9 Steps after exemption notice application
decided
290 Application of div 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
291 Additional information to be given if negative
exemption notice issued . . . . . . . . . . . . . . . . . . . . . . . 156
292 Notifiable person to be notified of decision. . . . . . . . . 157
293 Department to be given particular advice. . . . . . . . . . 157
Division 10 Cancellation or suspension of exemption
notices etc.
294 Cancelling negative exemption notice etc. on
holder's application. . . . . . . . . . . . . . . . . . . . . . . . . . . 158
295 Cancelling positive exemption notice and
substituting it with negative exemption notice. . . . . . . 159
296 Cancelling negative exemption notice and issuing
positive exemption notice . . . . . . . . . . . . . . . . . . . . . . 161
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297 Cancelling positive exemption notice if relevant
disqualified person . . . . . . . . . . . . . . . . . . . . . . . . . . . 163
298 Suspension of a positive exemption notice if charged
with disqualifying offence or subject to temporary or
interim order .......................... 164
299 Ending of suspension and issue of further exemption
notice ............................... 166
300 Notifying holder of expiry of positive exemption
notice if no longer police officer or registered teacher 169
301 Effect of negative exemption notice if person no
longer police officer or registered teacher . . . . . . . . . 170
302 Cancelling positive exemption notice on holder's
request .............................. 171
Division 11 Return of exemption notices etc.
303 Return of previously held exemption notice or
prescribed notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172
304 Return of cancelled or expired positive exemption
notice ............................... 173
Part 6 Provisions about obtaining or dealing with
information relating to prescribed notices and
exemption notices
Division 1 Investigative information
305 Police commissioner may decide that information
about a person is investigative information . . . . . . . . 173
306 Police commissioner not to delegate power under s
305 ................................. 175
307 Appeal against police commissioner's decision that
information is investigative information. . . . . . . . . . . . 175
308 Court to decide matters afresh . . . . . . . . . . . . . . . . . . 176
309 Consequence of decision on appeal . . . . . . . . . . . . . 177
Division 2 Obtaining information from police
commissioner
310 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 178
311 Commissioner may ask police commissioner for
information ........................... 179
312 Police commissioner to comply with request . . . . . . . 180
313 Information to be given about relevant disqualified
person .............................. 181
314 Information to be given about person subject of
application for disqualification order or offender
prohibition order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182
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315 Police commissioner to notify person about
investigative information given about the person . . . . 182
316 Use of information given to police commissioner . . . . 183
317 Notice of change in police information about a
person .............................. 184
Division 3 Obtaining police information from other State
entities
318 Obtaining information from director of public
prosecutions .......................... 186
319 Obtaining information from chief executive
(corrective services) . . . . . . . . . . . . . . . . . . . . . . . . . . 188
Division 4 Obtaining information from interstate police
commissioner
320 Requesting further information about interstate
convictions and charges . . . . . . . . . . . . . . . . . . . . . . . 189
Division 5 Changes in information or status
321 Acquiring police information . . . . . . . . . . . . . . . . . . . . 190
322 Effect of conviction for serious offence . . . . . . . . . . . . 191
323 Effect of change in police information about
employee ............................ 192
324 Person carrying on a regulated business to notify
commissioner of change in police information . . . . . . 192
325 Effect of change in police information about other
persons .............................. 193
326 Police commissioner to advise commissioner if
person ceases to be police officer . . . . . . . . . . . . . . . 194
327 Effect of person ceasing to be police officer. . . . . . . . 194
328 Effect of person ceasing to be registered teacher . . . 195
Division 6 Obtaining report about person's mental health
329 Application of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . 195
330 Commissioner may request person to undergo
examination by registered health practitioner etc. . . . 196
331 Nominating registered health practitioner to conduct
examination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198
332 Registered health practitioner obtaining information
from Mental Health Court . . . . . . . . . . . . . . . . . . . . . . 198
333 Registered health practitioner obtaining information
from Mental Health Review Tribunal. . . . . . . . . . . . . . 201
334 Use of information obtained from Mental Health
Court or Mental Health Review Tribunal . . . . . . . . . . . 204
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335 Commissioner may obtain report about person's
mental health from registered health practitioner . . . . 204
336 Commissioner to bear medical costs . . . . . . . . . . . . . 205
Division 7 Obtaining other information about person's
mental health
337 Commissioner may obtain particular information
from Mental Health Court . . . . . . . . . . . . . . . . . . . . . . 205
338 Commissioner may obtain particular information
from Mental Health Review Tribunal. . . . . . . . . . . . . . 208
Division 8 Dealing with information
339 Commissioner to give notice to particular entities
about a change in police information . . . . . . . . . . . . . 210
340 Commissioner must give police commissioner a
person's current address . . . . . . . . . . . . . . . . . . . . . . 212
341 Giving other information to police commissioner . . . . 212
342 Commissioner may give information about director
of school's governing body to accreditation board . . . 213
343 Commissioner must give information about particular
approved teachers to college of teachers. . . . . . . . . . 215
344 Commissioner must give information about particular
holders to chief executive (disability services) . . . . . . 215
345 Use of information obtained under this chapter about
a person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216
346 Guidelines for dealing with information. . . . . . . . . . . . 216
Part 7 Miscellaneous provisions about prescribed
notices and exemption notices
Division 1 Replacement notice
347 Replacement of lost or stolen notice or card . . . . . . . 217
348 Replacement notice if change of name or contact
details ............................... 218
349 Replacement notice if change in employment etc.
details generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 219
350 Replacement notice if change from employment as
a volunteer to employment other than as a volunteer
etc. ................................. 221
Division 2 Offences relating to false or misleading
information
351 False or misleading disclosure . . . . . . . . . . . . . . . . . . 222
352 False or misleading documents . . . . . . . . . . . . . . . . . 222
Division 3 Review and appeal
353 Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 223
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354 Person may apply for review of chapter 8 reviewable
decision ............................. 226
355 Effect of applicant for a review becoming a
disqualified person . . . . . . . . . . . . . . . . . . . . . . . . . . . 226
Division 4 Other miscellaneous provisions
356 Compliance with requirement to end, or not start, a
person's regulated employment . . . . . . . . . . . . . . . . . 227
357 Disqualification order . . . . . . . . . . . . . . . . . . . . . . . . . 227
59 Omission of pt 7 (Criminal history checks of commission's staff). 228
60 Amendment of s 146 (Indictable and summary offences) . . . . . . 229
61 Amendment of s 152 (Confidentiality of information about
criminal history) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 229
62 Amendment of s 167 (Regulation-making power) . . . . . . . . . . . . 231
63 Amendment of pt 9 (Transitional and other provisions) . . . . . . . . 231
64 Insertion of new pt 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 232
Part 13 Transitional provisions for Criminal History
Screening Legislation Amendment Act 2010
Division 1 Preliminary
465 Definitions for pt 13. . . . . . . . . . . . . . . . . . . . . . . . . . . 232
Division 2 Transitional provisions relating to chapter 8
466 Existing applications for prescribed notice about
employment that is no longer regulated employment. 234
467 Existing applications for prescribed notice about a
business that is no longer a regulated business. . . . . 235
468 Existing applications for prescribed notice about
person convicted of new disqualifying offence . . . . . . 236
469 Existing applications for prescribed notice about
new relevant disqualified person . . . . . . . . . . . . . . . . 236
470 Other existing applications for prescribed notice . . . . 237
471 Existing positive notices held by new relevant
disqualified person because of interim order . . . . . . . 238
472 Existing positive notices held by other new relevant
disqualified persons . . . . . . . . . . . . . . . . . . . . . . . . . . 239
473 Other existing positive notices and positive notice
blue cards ............................ 239
474 Existing negative notices . . . . . . . . . . . . . . . . . . . . . . 240
475 Application of ch 8 to police officers and registered
teachers ............................. 241
476 Application of ch 8 to disability services regulated
employment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 242
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477 Application of ch 8 to disability services regulated
businesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 243
478 Application of ch 8 to new local government
regulated employment . . . . . . . . . . . . . . . . . . . . . . . . 244
479 Application of ch 8 to new local government
regulated business . . . . . . . . . . . . . . . . . . . . . . . . . . . 246
480 Employing persons in other new regulated
employment .......................... 247
481 Carrying on other new regulated business . . . . . . . . . 249
482 Effect of conviction for serious offence . . . . . . . . . . . . 250
483 Existing applications to cancel negative notice . . . . . 251
484 Existing suspensions of positive notice . . . . . . . . . . . 251
485 Continuation if commissioner acting on own initiative 252
486 Effect of conviction or charge for new disqualifying
offence .............................. 252
487 Replacement of positive notice or positive notice
blue card ............................. 252
488 Existing eligibility application by new relevant
disqualified person . . . . . . . . . . . . . . . . . . . . . . . . . . . 253
489 Other existing eligibility applications. . . . . . . . . . . . . . 253
490 Existing decisions on eligibility applications . . . . . . . . 254
491 Existing reviews and appeals by new disqualified
person .............................. 255
492 Other existing reviews and appeals . . . . . . . . . . . . . . 255
493 Person may apply for a review of a decision . . . . . . . 256
494 Police commissioner's decision that information is
investigative information . . . . . . . . . . . . . . . . . . . . . . . 256
495 Appeals against police commissioner's decision that
information is investigative information. . . . . . . . . . . . 257
496 Notice about withdrawal of application or negative
notice ............................... 257
497 Dealing with information . . . . . . . . . . . . . . . . . . . . . . . 257
498 Disqualification orders for acts done or omissions
made before commencement. . . . . . . . . . . . . . . . . . . 258
Division 3 Transitional provisions relating to previous
part 7
499 Notice about change in criminal history not given at
the commencement . . . . . . . . . . . . . . . . . . . . . . . . . . 258
500 Request for prescribed police information not
complied with at the commencement . . . . . . . . . . . . . 258
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501 Particular prescribed police information obtained
but not used before commencement . . . . . . . . . . . . . 259
502 Notice not given by prosecuting authority at the
commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 259
503 Use of particular information obtained before
commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260
Division 4 Other transitional provision
504 References to Youth Justice Act 1992 . . . . . . . . . . . . 260
65 Amendment of sch 1 (Regulated employment and businesses
for employment screening) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260
66 Amendment of sch 2 (Current serious offences) . . . . . . . . . . . . . 267
67 Amendment and renumbering of sch 2A (Repealed or expired
serious offences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 268
68 Amendment and renumbering of sch 2B (Current disqualifying
offences) ...................................... 268
69 Amendment and renumbering of sch 2C (Repealed or expired
disqualifying offences) ............................ 270
70 Insertion of new sch 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 270
Schedule 6 Offences that may form basis of investigative
information
71 Amendment and renumbering of sch 4 (Dictionary). . . . . . . . . . . 274
Part 6 Amendment of Community Services Act 2007
72 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 285
73 Omission of pt 10 (Screening of persons engaged by the
department) .................................... 285
74 Amendment of s 127 (Confidentiality of information about
criminal history and related information) . . . . . . . . . . . . . . . . . . . 285
75 Amendment of s 136 (Definitions for div 1) . . . . . . . . . . . . . . . . . 286
76 Amendment of s 137 (Certain service providers taken to be
approved under part 3 and to be funded service providers). . . . . 286
77 Insertion of new pt 13, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 286
Division 3 Provisions for Criminal History Screening
Legislation Amendment Act 2010
141 Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 287
142 Notice about change in criminal history not given at
the commencement . . . . . . . . . . . . . . . . . . . . . . . . . . 287
143 Request for police information not complied with at
the commencement . . . . . . . . . . . . . . . . . . . . . . . . . . 288
144 Particular police information obtained but not used
before commencement. . . . . . . . . . . . . . . . . . . . . . . . 288
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145 Notice not given by prosecuting authority at the
commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 289
146 Use of particular information obtained before
commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 289
78 Omission of sch 2 (Current serious offences) . . . . . . . . . . . . . . . 289
79 Omission of sch 3 (Repealed or expired serious offences) . . . . . 289
80 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 290
Part 7 Amendment of Disability Services Act 2006
81 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 290
82 Amendment of s 59 (Prescribed requirements) . . . . . . . . . . . . . . 290
83 Omission of pt 9 (Screening of persons engaged by the
department) .................................. 291
84 Amendment of pt 10, hdg (Screening of persons engaged by
funded non-government service providers) . . . . . . . . . . . . . . . . . 291
85 Amendment of s 75 (Main purpose of pt 10) . . . . . . . . . . . . . . . . 291
86 Insertion of new ss 76A and 76B . . . . . . . . . . . . . . . . . . . . . . . . . 291
76A This part does not apply to persons engaged to
provide disability services to children . . . . . . . . . . . . . 291
76B This part does not apply to registered health
practitioners ............................ 292
87 Insertion of new s 77A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 292
77A Persons engaged by the department at a service
outlet ................................ 292
88 Amendment of s 78 (What is engagement) . . . . . . . . . . . . . . . . . 292
89 Amendment of s 79 (What is a serious offence) . . . . . . . . . . . . . 293
90 Omission of s 80 (What is a serious sexual or violent offence) . . 293
91 Replacement of s 81 (What is an excluding offence) . . . . . . . . . . 294
81 What is a disqualifying offence . . . . . . . . . . . . . . . . . . 294
92 Insertion of new pt 10, div 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . 294
Division 3A Screening of persons engaged by the
department at a service outlet
82A Undertaking screening of persons engaged by
department at a service outlet . . . . . . . . . . . . . . . . . . 295
93 Insertion of new s 82B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 296
82B Division does not apply to holders of CCYPCG
positive notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 297
94 Amendment of s 83 (Application for notice) . . . . . . . . . . . . . . . . . 297
95 Amendment of s 84 (Notice of change of engagement, or name
and contact details in application under s 83) . . . . . . . . . . . . . . . 298
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96 Amendment of s 85 (Decision on application) . . . . . . . . . . . . . . . 298
97 Amendment of s 86 (Decision making under s 85 in relation to
discretionary matters). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300
98 Amendment of s 87 (Actions of chief executive after making
decision on application) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 301
99 Amendment of s 88 (Chief executive to invite submissions from
engaged person about particular information) . . . . . . . . . . . . . . . 302
100 Amendment of s 89 (Currency of prescribed notice and positive
notice card). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302
101 Insertion of new pt 10, div 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302
Division 4A Issue of exemption notices for funded
non-government service providers
89A Application for exemption notice. . . . . . . . . . . . . . . . . 303
89B Notice of change of engagement, or name and
contact details in exemption notice application . . . . . 304
89C Decision on application . . . . . . . . . . . . . . . . . . . . . . . 304
89D Obtaining advice from Commissioner for Children
and Young People and Child Guardian. . . . . . . . . . . . 305
89E Actions of chief executive after making decision on
application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 307
89F Currency of exemption notice. . . . . . . . . . . . . . . . . . . 308
102 Amendment of pt 10, div 5, hdg (Obligations and offences
relating to prescribed notices) . . . . . . . . . . . . . . . . . . . . . . . . . . . 308
103 Replacement of s 90 (When person without current positive
notice may be engaged) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 308
90 Starting engagement of certain regular engaged
persons .............................. 308
90A Starting engagement of new engaged persons . . . . . 309
90B Continuing engagement of persons . . . . . . . . . . . . . . 310
104 Amendment of s 90 (Starting engagement of certain regular
engaged persons) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 311
105 Amendment of s 90A (Starting engagement of new engaged
persons) ...................................... 312
106 Amendment of s 90B (Continuing engagement of persons) . . . . 312
107 Insertion of new ss 90C and 90D . . . . . . . . . . . . . . . . . . . . . . . . . 313
90C Starting engagement of volunteers . . . . . . . . . . . . . . 313
90D Continuing engagement of volunteers . . . . . . . . . . . . 314
108 Amendment of s 91 (Prohibited engagement) . . . . . . . . . . . . . . . 314
109 Replacement of pt 10, div 5, sdiv 2 (Obligations if holder of
negative notice or application for prescribed notice is withdrawn) 315
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Subdivision 2 Obligations if holder of negative notice or
negative exemption notice, or prescribed
notice or exemption notice application is
withdrawn
92 Person holding negative notice or negative
exemption notice not to apply for, or start or continue
in, regulated engagement etc. . . . . . . . . . . . . . . . . . . 316
92A Person who has withdrawn consent to screening not
to start or continue in regulated engagement. . . . . . . 316
110 Amendment of pt 10, div 5, sdiv 3, hdg (Changes in criminal
history) ....................................... 317
111 Replacement of s 93 (Acquiring a criminal history) . . . . . . . . . . . 317
93 Acquiring police information . . . . . . . . . . . . . . . . . . . . 317
112 Replacement of s 94 (Effect of conviction for serious offence or
charge for excluding offence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 317
94 Effect of conviction for serious offence . . . . . . . . . . . . 318
113 Amendment of s 95 (Change in criminal history of engaged
person) ....................................... 318
114 Insertion of new s 95A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 319
95A Change in criminal history of person engaged by
department .......................... 319
115 Amendment of s 95A (Change in criminal history of person
engaged by department) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 319
116 Amendment of s 96 (Change in criminal history of other
persons) ...................................... 320
117 Replacement of s 99 (Return of positive notice and positive
notice card to chief executive) . . . . . . . . . . . . . . . . . . . . . . . . . . . 320
99 Return of cancelled positive notice to chief executive 321
99A Return of cancelled positive exemption notice to
chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 321
118 Replacement of pt 10, div 6, hdg (Cancellation and
replacement of prescribed notices) . . . . . . . . . . . . . . . . . . . . . . . 321
119 Amendment of s 100 (Cancellation of negative notice and
issuing of positive notice) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 321
120 Amendment of s 101 (Chief executive may cancel a prescribed
notice and substitute another prescribed notice) . . . . . . . . . . . . . 323
121 Insertion of new s 101A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 325
101A Chief executive may cancel an exemption notice and
substitute another exemption notice. . . . . . . . . . . . . . 325
122 Amendment of s 102 (Cancellation if conviction for excluding
offence and imprisonment or disqualification order). . . . . . . . . . . 327
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123 Omission of s 103 (Cancellation if conviction for excluding
offence but no imprisonment or disqualification order). . . . . . . . . 328
124 Amendment of s 104 (Effect of charge for excluding offence
pending charge being dealt with) . . . . . . . . . . . . . . . . . . . . . . . . . 328
125 Amendment of s 105 (Cancellation of suspension and issue of
further prescribed notice) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 329
126 Insertion of new ss 105A-105D . . . . . . . . . . . . . . . . . . . . . . . . . . 330
105A Suspension of a positive exemption notice if
CCYPCG positive notice suspended . . . . . . . . . . . . . 330
105B Ending of suspension and issue of further exemption
notice or prescribed notice . . . . . . . . . . . . . . . . . . . . . 332
105C Notifying holder of expiry of positive exemption
notice .............................. 334
105D Request to cancel positive notice or positive
exemption notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . 335
127 Amendment of s 106 (Replacement of positive notice or positive
notice card). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 336
128 Amendment of s 107 (Change of details for prescribed notice or
positive notice card) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 338
129 Insertion of new s 107A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 339
107A Replacement notice etc. if change in engagement
details ............................... 339
130 Insertion of new pt 10, divs 6A and 6B. . . . . . . . . . . . . . . . . . . . . 340
Division 6A Persons who hold or held a CCYPCG positive
notice
107B Application of div 6 to person who holds CCYPCG
positive notice and prescribed notice . . . . . . . . . . . . . 340
107C Person who holds negative exemption notice but no
longer holds CCYPCG positive notice . . . . . . . . . . . . 341
Division 6B Disqualified persons
107D Who is a disqualified person . . . . . . . . . . . . . . . . . . . 341
107E Offences for disqualified person . . . . . . . . . . . . . . . . . 342
107F Application for an eligibility declaration. . . . . . . . . . . . 343
107G Notice of change of name and contact details in
eligibility application . . . . . . . . . . . . . . . . . . . . . . . . 344
107H Chief executive's decision on eligibility application. . . 344
107I Eligibility declaration taken to have been issued . . . . 346
107J Withdrawing eligibility application generally . . . . . . . . 346
107K Deemed withdrawal of eligibility application if
identity can not be established . . . . . . . . . . . . . . . . . . 346
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107L Deemed withdrawal of eligibility application if
particular requests not complied with . . . . . . . . . . . . . 347
107M Expiry of eligibility declaration . . . . . . . . . . . . . . . . . . 347
107N Reversal of decision refusing an eligibility declaration 348
131 Insertion of new pt 10, div 7, sdiv 1, hdg . . . . . . . . . . . . . . . . . . . 348
132 Amendment of s 108 (Person may apply for review of decision) . 348
133 Replacement of s 108 (Person may apply for review of decision) 348
108 Definitions for sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . 349
108A Person may apply for review of part 10 reviewable
decision ............................. 351
108B Effect of applicant for a review becoming a
disqualified person . . . . . . . . . . . . . . . . . . . . . . . . . . . 352
134 Insertion of new pt 10, div 7, sdiv 2, hdg . . . . . . . . . . . . . . . . . . . 352
135 Amendment of s 109 (Police commissioner may decide that
information about a person is investigative information). . . . . . . . 352
136 Amendment of s 111 (Decision by police commissioner that
information is investigative information) . . . . . . . . . . . . . . . . . . . . 353
137 Amendment of s 113 (Consequence of decision on appeal) . . . . 354
138 Replacement of s 113 (Consequence of decision on appeal) . . . 354
113 Consequence of decision on appeal . . . . . . . . . . . . . 354
139 Insertion of new pt 10, div 7, sdiv 3, hdg and s 113A. . . . . . . . . . 356
Subdivision 3 Obtaining police information or information
related to police information about a person
113A Persons to whom ss 114 and 114A applies . . . . . . . . 356
140 Amendment of s 114 (Chief executive may obtain information
from police commissioner) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 357
141 Insertion of new ss 114A and 114B and sdivs 4 and 5 and sdiv
6, hdg ........................................ 359
114A Obtaining information from director of public
prosecutions .......................... 359
114B Obtaining information from chief executive
(corrective services) . . . . . . . . . . . . . . . . . . . . . . . . . . 361
Subdivision 4 Obtaining report about person's mental health
114C Application of sdiv 4 . . . . . . . . . . . . . . . . . . . . . . . . . . 362
114D Chief executive may request person to undergo
examination by registered health practitioner etc. . . . 363
114E Nominating registered health practitioner to conduct
examination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 365
114F Registered health practitioner obtaining information
from Mental Health Court . . . . . . . . . . . . . . . . . . . . . . 365
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114G Registered health practitioner obtaining information
from Mental Health Review Tribunal. . . . . . . . . . . . . . 368
114H Use of information obtained from Mental Health
Court or Mental Health Review Tribunal . . . . . . . . . . . 371
114I Chief executive may obtain report about person's
mental health from registered health practitioner . . . . 371
114J Chief executive to bear medical costs . . . . . . . . . . . . 372
Subdivision 5 Obtaining other information about person's
mental health
114K Chief executive may obtain particular information
from Mental Health Court . . . . . . . . . . . . . . . . . . . . . . 372
114L Chief executive may obtain particular information
from Mental Health Review Tribunal. . . . . . . . . . . . . . 375
142 Amendment of s 115 (Notice of change in police information
about a person) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 377
143 Insertion of new pt 10, div 7, sdiv 7, hdg . . . . . . . . . . . . . . . . . . . 379
144 Amendment of s 116 (Chief executive to give notice to funded
non-government service provider about making screening
decision about engaged person) . . . . . . . . . . . . . . . . . . . . . . . . . 379
145 Amendment of s 117 (Withdrawal of engaged person's consent
to screening). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 381
146 Amendment of s 118 (Compliance with requirement to end, or
not start, a person's engagement) . . . . . . . . . . . . . . . . . . . . . . . . 383
147 Amendment of s 122 (Disqualification order) . . . . . . . . . . . . . . . . 383
148 Amendment of s 123 (Register of persons engaged by funded
non-government entities) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 384
149 Amendment of s 123ZL (Period for which short term approval
has effect) ..................................... 385
150 Amendment of s 123ZZG (Definitions for sdiv 3) . . . . . . . . . . . . . 386
151 Amendment of s 221 (Confidentiality of information about
criminal history and related information) . . . . . . . . . . . . . . . . . . . 386
152 Amendment of s 248 (Circumstances in which subdivision
stops applying) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 387
153 Amendment of s 250 (Short term approvals not to be given
during transitional period). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 387
154 Renumbering of pt 16, div 3 (Transitional provision for Criminal
Code and Other Acts Amendment Act 2008) . . . . . . . . . . . . . . . . 388
155 Renumbering of s 241 (References in schs 3 and 5 to Criminal
Code offence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 388
156 Insertion of new pt 16, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 388
Division 5 Transitional provisions for Criminal History
Screening Legislation Amendment Act 2010
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Subdivision 1 Preliminary
252 Definition for div 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . 388
Subdivision 2 Transitional provisions relating to previous part
9
253 Definitions for sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . 388
254 Notice about change in criminal history not given at
the commencement . . . . . . . . . . . . . . . . . . . . . . . . . . 389
255 Request for prescribed police information not
complied with at the commencement . . . . . . . . . . . . . 389
256 Particular prescribed police information obtained but
not used before commencement . . . . . . . . . . . . . . . . 390
257 Notice not given by prosecuting authority at the
commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 390
258 Use of particular information obtained before
commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 391
Subdivision 3 Transitional provisions relating to particular
amendments of part 10
259 Explanation of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . 391
260 Definitions for sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . 391
261 New serious offences . . . . . . . . . . . . . . . . . . . . . . . . . 392
262 Existing applications for prescribed notice . . . . . . . . . 392
263 Currency of existing prescribed notices . . . . . . . . . . . 393
264 Continuation if chief executive acting on own initiative 393
265 Replacement of positive notice or positive notice card 393
266 Existing reviews and appeals . . . . . . . . . . . . . . . . . . . 394
267 Police commissioner's decision that information is
investigative information . . . . . . . . . . . . . . . . . . . . . . . 395
268 References to exemption notices etc.. . . . . . . . . . . . . 395
269 References to eligibility declarations etc. . . . . . . . . . . 396
Subdivision 4 Transitional provisions relating to other
amendments of part 10
270 Explanation of sdiv 4 . . . . . . . . . . . . . . . . . . . . . . . . . 396
271 Definitions for sdiv 4 . . . . . . . . . . . . . . . . . . . . . . . . . . 397
272 Obtaining particular information from police
commissioner about particular persons . . . . . . . . . . . 397
273 Existing applications for prescribed notice about a
disqualified person who is not a relevant disqualified
person .............................. 398
274 Existing applications for prescribed notice about a
relevant disqualified person . . . . . . . . . . . . . . . . . . . . 399
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275 Other existing applications for prescribed notice . . . . 399
276 Existing positive notices held by disqualified persons
who are not relevant disqualified persons . . . . . . . . . 400
277 Existing positive notices held by relevant disqualified
person because of temporary or interim order . . . . . . 401
278 Existing positive notices held by other relevant
disqualified person . . . . . . . . . . . . . . . . . . . . . . . . . . . 401
279 Existing applications to cancel negative notice by
relevant disqualified person . . . . . . . . . . . . . . . . . . . . 402
280 Other existing applications to cancel a negative
notice ............................... 403
281 Continuation if chief executive acting on own initiative 403
282 Application of s 107D and sch 7, definition relevant
disqualified person . . . . . . . . . . . . . . . . . . . . . . . . . . . 404
283 Application of s 107E . . . . . . . . . . . . . . . . . . . . . . . . . 404
284 Existing reviews and appeals by disqualified person . 404
285 Other existing reviews and appeals . . . . . . . . . . . . . . 405
286 Disqualification orders for acts done or omissions
made before commencement. . . . . . . . . . . . . . . . . . . 406
287 Continuing engagement of volunteers . . . . . . . . . . . . 406
288 Provision about persons engaged to provide
disability services only to children . . . . . . . . . . . . . . . 406
289 Provision about holders of CCYPCG positive notice . 407
Subdivision 5 Other transitional provision
290 References to Youth Justice Act 1992 . . . . . . . . . . . . 408
157 Amendment of sch 3 (Current serious offences) . . . . . . . . . . . . . 408
158 Replacement of schs 5 and 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . 411
Schedule 5 Current disqualifying offences
Schedule 6 Repealed or expired disqualifying offences
159 Insertion of new sch 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 419
Schedule 6A Offences that may form basis of investigative
information
160 Amendment of sch 7 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 423
Part 8 Amendment of Education (Accreditation of Non-State
Schools) Act 2001
161 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 431
162 Amendment of s 15 (Application of Commission for Children
and Young People and Child Guardian Act 2000, pt 6) . . . . . . . . 431
163 Amendment of s 16 (Procedural requirements for application) . . 431
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164 Amendment of s 39 (Suitability of governing body) . . . . . . . . . . . 431
165 Amendment of s 49 (Application to change attribute of
provisional accreditation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 432
166 Amendment of s 140 (Application of Commission for Children
and Young People and Child Guardian Act 2000, pt 6) . . . . . . . . 432
167 Amendment of s 145 (Suitability of proposed authorised person) 432
168 Amendment of s 146 (Appointment conditions) . . . . . . . . . . . . . . 432
169 Amendment of s 168 (Disclosure of application for prescribed
notice under Commission for Children and Young People and
Child Guardian Act 2000) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 433
170 Amendment of s 178 (Definitions for ch 7) . . . . . . . . . . . . . . . . . . 434
171 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 434
Part 9 Amendment of Education (Queensland College of
Teachers) Act 2005
172 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 434
173 Amendment of s 11 (Suitability to teach--criminal history
information) ................................... 434
174 Amendment of s 14 (Application for registration or permission
to teach) ...................................... 435
175 Amendment of s 15 (Criminal history check etc.). . . . . . . . . . . . . 436
176 Insertion of new ss 15B-15D . . . . . . . . . . . . . . . . . . . . . . . . . . . . 439
15B Obtaining information from director of public
prosecutions .......................... 439
15C Obtaining information from chief executive
(corrective services) . . . . . . . . . . . . . . . . . . . . . . . . . . 441
15D Obtaining information from children's commissioner . 442
177 Amendment of 16 (Requirement to advise applicant of criminal
history information received) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 443
178 Amendment of s 28 (Application for renewal of full registration
or permission to teach). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 443
179 Amendment of s 37 (Requirements for application for restoration) 444
180 Amendment of s 48 (Effect of charge for disqualifying offence
pending charge being dealt with) . . . . . . . . . . . . . . . . . . . . . . . . . 444
181 Amendment of s 56 (Cancellation if conviction for disqualifying
offence and imprisonment or disqualification order imposed) . . . 445
182 Amendment of s 57 (Effect of appeal on cancellation) . . . . . . . . . 445
183 Amendment of s 58 (Disqualification order) . . . . . . . . . . . . . . . . . 446
184 Amendment of s 65 (College's power to obtain criminal history
etc. in relation to an approved teacher) . . . . . . . . . . . . . . . . . . . . 447
185 Replacement of s 68 (Changes in criminal history) . . . . . . . . . . . 447
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68 Changes in police information . . . . . . . . . . . . . . . . . . 447
186 Amendment of s 69 (Requirements for disclosure of changes in
criminal history) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 447
187 Amendment of s 70 (Failure to disclose changes in criminal
history) .................................... 449
188 Amendment of s 71 (Disclosure of other change in
circumstances) ................................. 449
189 Amendment of s 75 (Commissioner of police must notify
changes in criminal history) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 449
190 Amendment of s 83 (Requirement to hold registration or
permission to teach to teach in schools) . . . . . . . . . . . . . . . . . . . 452
191 Amendment of s 92 (Grounds for disciplinary action) . . . . . . . . . 452
192 Amendment of s 97 (Requirement for college to start
disciplinary proceedings) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 453
193 Amendment of s 102 (Disciplinary action by QCAT--approved
teachers) ..................................... 454
194 Amendment of s 159 (Ending of suspension if ground for
disciplinary action not established). . . . . . . . . . . . . . . . . . . . . . . . 454
195 Amendment of s 160 (Decision about disciplinary action
against approved teacher) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 454
196 Amendment of s 230 (College's functions about registration
and permission to teach) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 454
197 Amendment of s 282 (Definition for pt 1) . . . . . . . . . . . . . . . . . . . 454
198 Replacement of s 285 (College may give information about
teachers to commissioner for children in particular
circumstances) ................................. 455
285 College may give information about disciplinary
action etc. against teachers to children's
commissioner in particular circumstances . . . . . . . . . 455
285A College must give information about the status of a
teacher's registration to children's commissioner
in particular circumstances. . . . . . . . . . . . . . . . . . . . . 457
285B College may enter into information sharing
agreement with children's commissioner . . . . . . . . . . 459
199 Amendment of ch 12, pt 9, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . 460
200 Insertion of new ch 12, pt 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 460
Part 11 Transitional provisions for Criminal History
Screening Legislation Act 2010
Division 1 Transitional provision about giving information
under section 285
332 Giving particular information to children's
commissioner ......................... 460
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Division 2 Other transitional provisions
333 Definition div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 461
334 Existing applications by new excluded persons . . . . . 461
335 Other existing applications . . . . . . . . . . . . . . . . . . . . . 462
336 Obtaining particular information from commissioner
of police about particular persons . . . . . . . . . . . . . . . 462
337 Disqualification orders for acts done or omissions
made before commencement. . . . . . . . . . . . . . . . . . . 463
338 Disclosure of changes in police information . . . . . . . . 464
339 References to Youth Justice Act 1992 . . . . . . . . . . . . 464
201 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 464
Part 10 Amendment of Evidence Act 1977
202 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 467
203 Amendment of s 93AA (Unauthorised possession of, or dealing
in, s 93A criminal statements) . . . . . . . . . . . . . . . . . . . . . . . . . . . 467
Part 11 Amendment of Family Services Act 1987
204 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 469
205 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 469
206 Amendment of s 10 (Chief executive may develop or carry out
programs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 470
207 Omission of pt 4 (Criminal histories of persons engaged by the
department) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 470
208 Insertion of new s 28A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 470
28A Confidentiality of information obtained under
previous pt 4 .......................... 470
209 Insertion of new pt 6, div 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . 472
210 Insertion of new pt 6, div 2, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . 472
211 Insertion of new pt 6, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 472
Division 3 Transitional provisions for Criminal History
Screening Legislation Amendment Act 2010
35 Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 472
36 Notice about change in criminal history not given at
the commencement . . . . . . . . . . . . . . . . . . . . . . . . . . 473
37 Request for police information not complied with at
the commencement . . . . . . . . . . . . . . . . . . . . . . . . . . 473
38 Particular police information obtained before
commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 474
39 Notice not given by prosecuting authority at the
commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 474
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40 Use of particular information obtained before
commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 475
212 Omission of schedule (Other serious offence provisions of the
criminal code) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 475
Part 12 Amendment of Guardianship and Administration Act 2000
213 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 475
214 Amendment of s 80ZH (When adult guardian may give short
term approval for use of containment or seclusion) . . . . . . . . . . . 475
215 Amendment of s 266 (Short term approvals not to be given
during transitional period). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 476
Part 13 Amendment of Health Practitioners (Professional
Standards) Act 1999
216 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 476
217 Amendment of s 384A (Board may notify Commissioner for
Children and Young People and Child Guardian about
particular information). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 476
218 Insertion of new pt 13, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 478
Division 5 Transitional provision for Criminal History
Screening Legislation Amendment Act 2010
405L Giving particular information to Commissioner for
Children and Young People and Child Guardian . . . . 478
Part 14 Amendment of Nursing Act 1992
219 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 479
220 Amendment of s 139A (Executive officer or council may notify
Commissioner for Children and Young People and Child
Guardian about particular information). . . . . . . . . . . . . . . . . . . . . 479
221 Insertion of new pt 9, div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 481
Division 7 Transitional provision for Criminal History
Screening Legislation Amendment Act 2010
160 Giving particular information to children's
commissioner ......................... 481
Part 15 Amendment of Police Powers and Responsibilities Act 2000
222 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 482
223 Amendment of s 789A (Power to demand production of
CCYPCG document) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 482
Part 16 Amendment of Public Service Act 2008
224 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 483
225 Amendment of s 150 (Definitions for pt 6) . . . . . . . . . . . . . . . . . . 483
226 Insertion of new ch 5, pt 6, div 2, sdiv 1, hdg . . . . . . . . . . . . . . . . 483
227 Amendment of s 151 (Application of div 2). . . . . . . . . . . . . . . . . . 484
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228 Insertion of new ch 5, pt 6, div 2, sdiv 2 . . . . . . . . . . . . . . . . . . . . 484
Subdivision 2 Changes in criminal history of persons
engaged by department of communities
155A Definitions for sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . 484
155B Engaged person to disclose change in criminal
history ............................... 485
155C Failing to make disclosure or making false,
misleading or incomplete disclosure . . . . . . . . . . . . . 485
155D Chief executive (communities) may obtain report
from police commissioner. . . . . . . . . . . . . . . . . . . . . . 486
155E Use of information obtained under this subdivision . . 486
155F Person to be advised of information obtained
from police commissioner. . . . . . . . . . . . . . . . . . . . . . 487
155G Guidelines for dealing with information obtained
under this subdivision. . . . . . . . . . . . . . . . . . . . . . . . . 487
229 Amendment of s 156 (Application of div 3). . . . . . . . . . . . . . . . . . 488
230 Replacement of ss 157-165. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 489
157 Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 489
158 Prescribed notice or exemption notice required for
child-related duties . . . . . . . . . . . . . . . . . . . . . . . . . . . 490
159 Chief executive to apply for prescribed notice or
exemption notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . 491
160 CCYPCG commissioner to undertake child-related
employment screening . . . . . . . . . . . . . . . . . . . . . . . . 491
161 Engaging public service employee before
prescribed notice or exemption notice issued . . . . . . 492
162 Engaging other person before prescribed notice or
exemption notice issued . . . . . . . . . . . . . . . . . . . . . . . 493
163 Effect of suspension or cancellation of positive
prescribed notice or positive exemption notice. . . . . . 494
Division 3A Further assessment of person to whom
prescribed notice or exemption notice is
issued
164 This division does not apply to particular
engagements .......................... 494
165 Application of Criminal Law (Rehabilitation of
Offenders) Act 1986 . . . . . . . . . . . . . . . . . . . . . . . . . . 495
165A Chief executive may decide to obtain criminal history 495
165B Failure to consent to obtaining criminal history . . . . . 495
165C Obtaining criminal history with consent . . . . . . . . . . . 496
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165D Assessment of suitability using criminal history
report ............................... 496
231 Amendment of ch 5, pt 6, div 4, hdg. . . . . . . . . . . . . . . . . . . . . . . 496
232 Amendment of s 166 (Duty of police commissioner relating to
requests for criminal history or police information). . . . . . . . . . . . 497
233 Amendment of s 167 (Criminal history or police information no
longer required to be obtained) . . . . . . . . . . . . . . . . . . . . . . . . . . 497
234 Amendment of s 168 (Police commissioner not to use
information given as part of request except for particular
circumstances) ............................... 497
235 Amendment of s 169 (Destruction of reports and notices) . . . . . . 498
236 Amendment of s 170 (Prosecuting authority to notify chief
executive about committal, conviction etc.) . . . . . . . . . . . . . . . . . 498
237 Amendment of s 171 (False or misleading statements in
consent) .................................... 499
238 Amendment of s 172 (Confidentiality) . . . . . . . . . . . . . . . . . . . . . 499
239 Amendment of s 173 (Commission chief executive may make
rulings for this part). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 499
240 Insertion of new ch 9, pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 500
Part 5 Transitional provisions for Criminal History
Screening Legislation Amendment Act 2010
256 Definitions for pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . 500
257 Application of s 155B . . . . . . . . . . . . . . . . . . . . . . . . . 501
258 Persons being considered for engagement, or
engaged, in child-related duties or regulated
employment at the commencement . . . . . . . . . . . . . . 501
259 Request for police information not complied with at
the commencement . . . . . . . . . . . . . . . . . . . . . . . . . . 502
260 Particular police information obtained before
commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 503
261 Particular appeals and appeal rights continue . . . . . . 503
262 Particular information etc. obtained before
commencement ....................... 505
263 Notice not given by prosecuting authority at the
commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 505
241 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 506
Part 17 Amendment of Youth Justice Act 1992
242 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 507
243 Amendment of s 252I (Issue of warrant for child in particular
circumstances) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 507
244 Amendment of s 348 (Cancellation of supervised release order) 508
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245 Insertion of new pt 11, div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 508
Division 7 Transitional provision for Criminal History
Screening Legislation Amendment Act 2010
351 Effect of s 252I on particular warrants . . . . . . . . . . . . 508
Part 18 Amendment of Juvenile Justice and Other Acts
Amendment Act 2009
246 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 509
247 Amendment of schedule (Consequential amendments) . . . . . . . 509
Part 19 Amendment of other Acts
248 Acts amended in sch 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 509
Schedule 1 Minor amendments of the Commission for Children and
Young People and Child Guardian Act 2000 . . . . . . . . . . . . . . 510
Schedule 2 Other amendments of the Commission for Children and
Young People and Child Guardian Act 2000 . . . . . . . . . . . . . . 512
Schedule 3 Minor amendments of other Acts . . . . . . . . . . . . . . . . . . . . . . 531
Adoption Act 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 531
Births, Deaths and Marriages Registration Act 2003 . . . . . . . . . . 531
Coroners Act 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 532
Education (General Provisions) Act 2006. . . . . . . . . . . . . . . . . . . 532
Grammar Schools Act 1975 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 532
Ombudsman Act 2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 532
Public Health Act 2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 533
Transport Operations (Passenger Transport) Act 1994 . . . . . . . . 533
Page 31
2010
A Bill
for
An Act to amend the Child Care Act 2002, the Child Protection
Act 1999, the Child Protection (Offender Prohibition Order) Act
2008, the Commission for Children and Young People and Child
Guardian Act 2000, the Community Services Act 2007, the
Disability Services Act 2006, the Education (Accreditation of
Non-State Schools) Act 2001, the Education (Queensland
College of Teachers) Act 2005, the Evidence Act 1977, the
Family Services Act 1987, the Guardianship and Administration
Act 2000, the Health Practitioners (Professional Standards) Act
1999, the Nursing Act 1992, the Police Powers and
Responsibilities Act 2000, the Public Service Act 2008, the
Youth Justice Act 1992, the Juvenile Justice and Other Acts
Amendment Act 2009 and the Acts mentioned in schedule 3, for
particular purposes
Criminal History Screening Legislation Amendment Bill 2010
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Criminal History Screening 4
Legislation Amendment Act 2010. 5
Clause 2 Commencement 6
This Act, other than the following provisions, commences on 7
a day to be fixed by proclamation-- 8
(a) sections 82, 149 and 152 to 155; 9
(b) parts 12 and 17. 10
Part 2 Amendment of Child Care Act 11
2002 12
Clause 3 Act amended 13
This part amends the Child Care Act 2002. 14
Clause 4 Amendment of s 26 (Suitability of licensee and related 15
persons) 16
Section 26(2)-- 17
omit, insert-- 18
`(2) An individual is not suitable to conduct a child care service 19
unless the individual-- 20
(a) has a current positive prescribed notice; or 21
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Criminal History Screening Legislation Amendment Bill 2010
Part 2 Amendment of Child Care Act 2002
[s 5]
(b) has a current positive exemption notice; or 1
(c) is the subject of an application for an exemption notice. 2
Note-- 3
See also the Commissioner's Act, schedule 1, section 18. For a licensee 4
that is a corporation, see also section 165 of this Act.'. 5
Clause 5 Amendment of s 27 (Prescribed notices for carers and 6
staff members) 7
(1) Section 27, heading, after `prescribed notices'-- 8
insert-- 9
`or exemption notices'. 10
(2) Section 27, from `Commission' to `2000'-- 11
omit, insert-- 12
`Commissioner's Act'. 13
Clause 6 Amendment of s 45 (Suspension or revocation of licence) 14
Section 45(1)(e), from `Commission' to `2000'-- 15
omit, insert-- 16
`Commissioner's Act'. 17
Clause 7 Replacement of s 50A (Chief executive may notify 18
Commissioner for Children and Young People and Child 19
Guardian about particular information) 20
Section 50A-- 21
omit, insert-- 22
`50A Chief executive to give particular information to 23
children's commissioner 24
`(1) This section applies if the chief executive-- 25
(a) amends, suspends or revokes a person's licence under 26
section 43, 45 or 46 (a disciplinary action); and 27
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Criminal History Screening Legislation Amendment Bill 2010
Part 2 Amendment of Child Care Act 2002
[s 7]
(b) reasonably believes the disciplinary action may be 1
relevant to the functions or powers of the children's 2
commissioner under the Commissioner's Act. 3
`(2) The chief executive must give written notice of the 4
disciplinary action to the children's commissioner. 5
`(3) A notice under subsection (2) must state the following-- 6
(a) the person's name and address; 7
(b) the person's date and place of birth, if known; 8
(c) that disciplinary action has been taken against the 9
person, without stating anything further about the 10
disciplinary action. 11
`(4) Subsection (5) applies if the children's commissioner-- 12
(a) requests further information about the disciplinary 13
action; and 14
(b) notifies the chief executive that the person is an 15
applicant for, or holder of, a prescribed notice or 16
exemption notice under the Commissioner's Act. 17
`(5) The chief executive must give the children's commissioner a 18
written notice stating the following-- 19
(a) the form of the disciplinary action taken; 20
(b) when the conduct happened that constituted a ground 21
for the disciplinary action; 22
(c) the nature of the conduct that constituted a ground for 23
the disciplinary action; 24
(d) any other information about the disciplinary action the 25
chief executive considers may be relevant to 26
employment screening under the Commissioner's Act, 27
chapter 8, including, for example, details about the 28
nature of the disciplinary action. 29
`(6) However, if the notice given under subsection (2) did not 30
contain the person's date and place of birth, subsection (5) 31
applies only if-- 32
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Criminal History Screening Legislation Amendment Bill 2010
Part 2 Amendment of Child Care Act 2002
[s 8]
(a) the request from the children's commissioner for the 1
notice under subsection (5) includes the person's date 2
and place of birth; and 3
(b) the chief executive confirms the person's date and place 4
of birth with the person. 5
`(7) A notice given under subsection (2) or (5) must not contain 6
information that identifies, or is likely to identify, a particular 7
child. 8
`(8) If the chief executive gives the children's commissioner 9
information under subsection (5) about disciplinary action and 10
the disciplinary action is set aside on review or appeal, the 11
chief executive must notify the children's commissioner of the 12
following-- 13
(a) the disciplinary action has been set aside; 14
(b) the reasons given by the entity that set the disciplinary 15
action aside for setting it aside.'. 16
Clause 8 Amendment of s 54 (Death of sole licensee) 17
(1) Section 54(7), from `neither'-- 18
omit, insert-- 19
`none of the following-- 20
(a) the holder of a current positive prescribed notice or 21
current positive exemption notice; 22
(b) a person about whom an application for a prescribed 23
notice or exemption notice has been made and not 24
withdrawn.'. 25
(2) Section 54(8), from `Commission' to `109'-- 26
omit, insert-- 27
`Commissioner's Act, section 197'. 28
(3) Section 54-- 29
insert-- 30
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Criminal History Screening Legislation Amendment Bill 2010
Part 2 Amendment of Child Care Act 2002
[s 9]
`(8A) The personal representative does not commit an offence 1
against the Commissioner's Act, section 259, by carrying on 2
the child care service under the licence, without a current 3
positive exemption notice during the first 30 days of the 4
transitional licence period.'. 5
(4) Section 54(8A) and (9)-- 6
renumber as section 54(9) and (10). 7
Clause 9 Amendment of pt 3, div 5, hdg (Prescribed notices) 8
Part 3, division 5, heading, after `prescribed notices'-- 9
insert-- 10
`or exemption notices'. 11
Clause 10 Amendment of s 74 (Licensee must keep evidence of 12
compliance with Commission for Children and Young 13
People and Child Guardian Act 2000) 14
(1) Section 74, heading, from `Commission' to `2000'-- 15
omit, insert-- 16
`Commissioner's Act'. 17
(2) Section 74(1)(b)-- 18
omit, insert-- 19
`(b) the engagement would contravene the Commissioner's 20
Act if-- 21
(i) the person did not have a current positive 22
prescribed notice or current positive exemption 23
notice; or 24
(ii) an application for a prescribed notice or exemption 25
notice had not been made by the person.'. 26
(3) Section 74(2), after `prescribed notice'-- 27
insert-- 28
`or current positive exemption notice'. 29
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Criminal History Screening Legislation Amendment Bill 2010
Part 2 Amendment of Child Care Act 2002
[s 11]
(4) Section 74(2)(a), from `Commissioner' to `Guardian'-- 1
omit, insert-- 2
`children's commissioner'. 3
(5) Section 74(3), after `prescribed notice'-- 4
insert-- 5
`or exemption notice'. 6
Clause 11 Amendment of s 80 (Licensee to inform chief executive of 7
relevant changes) 8
Section 80(1), after `prescribed notice'-- 9
insert-- 10
`or current positive exemption notice'. 11
Clause 12 Amendment of s 97 (Suitability of other persons in a 12
home) 13
(1) Section 97(1), after `prescribed notice'-- 14
insert-- 15
`or current positive exemption notice'. 16
(2) Section 97-- 17
insert-- 18
`(3A) If a carer in a licensed home based service asks the licensee of 19
the service to apply, under section 166(2), for a prescribed 20
notice or exemption notice about an adult occupant required 21
to have a prescribed notice or exemption notice under 22
subsection (1), the licensee must comply with the request. 23
Maximum penalty--100 penalty units.'. 24
(3) Section 97(4), after `prescribed notices'-- 25
insert-- 26
`or exemption notices'. 27
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Criminal History Screening Legislation Amendment Bill 2010
Part 2 Amendment of Child Care Act 2002
[s 13]
(4) Section 97(5), definition certified copy, after `prescribed 1
notice'-- 2
insert-- 3
`or exemption notice'. 4
Clause 13 Replacement of s 107A (Chief executive to give notice to 5
the Commissioner for Children and Young People and 6
Child Guardian) 7
Section 107A-- 8
omit, insert-- 9
`107A Chief executive to give notice to the children's 10
commissioner 11
`(1) This section applies if the chief executive gives a person a 12
prohibition notice under this part. 13
`(2) The chief executive must give written notice of the giving of 14
the prohibition notice to the children's commissioner. 15
`(3) A notice under subsection (2) must state the following-- 16
(a) the person's name and address; 17
(b) the person's date and place of birth, if known; 18
(c) the person has been given a prohibition notice, without 19
stating anything further about the giving of the 20
prohibition notice. 21
`(4) Subsection (5) applies if the children's commissioner-- 22
(a) requests further information about the prohibition 23
notice; and 24
(b) notifies the chief executive that the person is an 25
applicant for, or holder of, a prescribed notice or 26
exemption notice under the Commissioner's Act. 27
`(5) The chief executive must give the children's commissioner a 28
written notice stating the following-- 29
(a) when the conduct that resulted in the prohibition notice 30
happened; 31
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Criminal History Screening Legislation Amendment Bill 2010
Part 2 Amendment of Child Care Act 2002
[s 14]
(b) the nature of the conduct that resulted in the prohibition 1
notice; 2
(c) any other information about the prohibition notice the 3
chief executive considers may be relevant to 4
employment screening under the Commissioner's Act, 5
chapter 8, including, for example, details about the 6
nature of the prohibition notice. 7
`(6) However, if the notice given under subsection (2) did not 8
contain the person's date and place of birth, subsection (5) 9
applies only if-- 10
(a) the request from the children's commissioner for the 11
notice under subsection (5) includes the person's date 12
and place of birth; and 13
(b) the chief executive confirms the person's date and place 14
of birth with the person. 15
`(7) If a prohibition notice is given in relation to conduct relating 16
to a particular child, a notice given under subsection (2) or (5) 17
about the prohibition notice must not contain information that 18
identifies, or is likely to identify, the child. 19
`(8) If the chief executive gives the children's commissioner 20
information under subsection (5) about a prohibition notice 21
and the prohibition notice is set aside on review or appeal, the 22
chief executive must notify the children's commissioner of the 23
following-- 24
(a) the prohibition notice has been set aside; 25
(b) the reasons given by the entity that set the disciplinary 26
action aside for setting it aside.'. 27
Clause 14 Amendment of s 137 (Power to require production of 28
documents) 29
Section 137(1)(d), after `prescribed notice'-- 30
insert-- 31
`or current positive exemption notice'. 32
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Criminal History Screening Legislation Amendment Bill 2010
Part 2 Amendment of Child Care Act 2002
[s 15]
Clause 15 Amendment of s 139 (Suitability of persons in home in 1
which stand alone child care is provided) 2
(1) Section 139(1)-- 3
omit, insert-- 4
`(1) An authorised officer may ask a carer who provides stand 5
alone child care in a home to apply for a prescribed notice or 6
exemption notice about a person if the officer knows, or 7
reasonably suspects, the person-- 8
(a) is an occupant of the home; and 9
(b) has a criminal history that may make the person 10
unsuitable to be present in a home while child care is 11
provided in the home.'. 12
(2) Section 139(2), `person to apply' to `the person does'-- 13
omit, insert-- 14
`carer to apply for the prescribed notice or exemption notice, 15
the authorised officer must warn the carer that, if the carer 16
does'. 17
(3) Section 139(3) and (4)-- 18
omit, insert-- 19
`(3) Subsection (4) applies if-- 20
(a) the carer does not apply for the prescribed notice or 21
exemption notice within 14 days; or 22
(b) the carer makes an application for the prescribed notice 23
or exemption notice within 14 days but it is withdrawn 24
before it is decided. 25
`(4) The authorised officer may give a notice to the carer directing 26
the carer not to provide child care in the home. 27
Note-- 28
Under section 100, it is an offence for a carer in a stand alone service to 29
provide child care at a home if a notice under this subsection is in 30
force.'. 31
(4) Section 139(5), from `of whom' to `prescribed notice'-- 32
Page 42
Criminal History Screening Legislation Amendment Bill 2010
Part 2 Amendment of Child Care Act 2002
[s 16]
omit, insert-- 1
`in relation to whom a request has been made under 2
subsection (1) has a current positive prescribed notice or 3
current positive exemption notice'. 4
(5) Section 139(7), `only to'-- 5
omit, insert-- 6
`only in relation to an occupant of a home who is'. 7
Clause 16 Amendment of s 140 (Chief executive may obtain 8
information about suitability checks) 9
(1) Section 140(1)(g)-- 10
omit, insert-- 11
`(g) an adult if a carer who provides stand alone child care in 12
a home has been asked under section 139 to apply for a 13
prescribed notice or exemption notice about the adult.'. 14
(2) Section 140(2) and (3), from `Commissioner' to `Guardian'-- 15
omit, insert-- 16
`children's commissioner'. 17
(3) Section 140(2)(a) and (c), after `prescribed notice'-- 18
insert-- 19
`or exemption notice'. 20
(4) Section 140(2)(b)-- 21
omit, insert-- 22
`(b) whether a prescribed notice or exemption notice is in 23
force for the individual and, if so-- 24
(i) the date of issue of the notice; and 25
(ii) whether it is a positive prescribed notice, negative 26
prescribed notice, positive exemption notice or 27
negative exemption notice;'. 28
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Criminal History Screening Legislation Amendment Bill 2010
Part 2 Amendment of Child Care Act 2002
[s 17]
Clause 17 Amendment of s 165 (Application of Act to corporations) 1
Section 165(1), from `Commission' to `2000'-- 2
omit, insert-- 3
`Commissioner's Act'. 4
Clause 18 Amendment of s 165A (Pending application for a 5
prescribed notice--corporate licensee) 6
(1) Section 165A, heading, after `prescribed notice'-- 7
insert-- 8
`or exemption notice'. 9
(2) Section 165A(1)(b), after `prescribed notice'-- 10
insert-- 11
`or positive exemption notice'. 12
(3) Section 165A(1)(c), after `prescribed notice'-- 13
insert-- 14
`or exemption notice'. 15
Clause 19 Replacement of s 166 (Applications for prescribed 16
notices by occupants of homes) 17
Section 166-- 18
omit, insert-- 19
`166 Applications for prescribed notices or exemption 20
notices by occupants of homes 21
`(1) Subsection (2) applies if a person is required under section 22
97(1) to have a current positive prescribed notice or current 23
positive exemption notice because the person is an adult 24
occupant of a home in which child care is provided for a 25
licensed home based service. 26
`(2) The licensee of the licensed home based service may apply for 27
a prescribed notice or exemption notice, and the application 28
must be dealt with under the Commissioner's Act, as if the 29
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Criminal History Screening Legislation Amendment Bill 2010
Part 2 Amendment of Child Care Act 2002
[s 19]
licensee were proposing to start employing, or continue 1
employing, the person in regulated employment as a 2
volunteer. 3
Note-- 4
Under the Commissioner's Act, the children's commissioner may notify 5
the licensee of particular decisions about a prescribed notice or 6
exemption notice issued to the person under subsection (2) because the 7
licensee is a notifiable person for the person within the meaning of that 8
Act, schedule 7, definition notifiable person, paragraph (a)(iv). 9
`(3) Subsection (4) applies if a carer providing child care in the 10
carer's home has been asked under section 139 to apply for a 11
prescribed notice or exemption notice about an adult 12
occupant, or suspected adult occupant, of the carer's home. 13
`(4) Subject to subsection (5), the carer may apply for a prescribed 14
notice or exemption notice, and the application must be dealt 15
with under the Commissioner's Act, as if the carer were 16
proposing to start employing, or continue employing, the 17
adult occupant in regulated employment as a volunteer. 18
Note-- 19
Under the Commissioner's Act, the children's commissioner may notify 20
the chief executive of particular decisions about a prescribed notice or 21
exemption notice issued to the adult occupant under subsection (4) 22
because the chief executive is a notifiable person for the person within 23
the meaning of that Act, schedule 7, definition notifiable person, 24
paragraph (a)(v). 25
`(5) For subsection (4), the certification mentioned in the 26
Commissioner's Act, section 200(2)(b) or 261(2)(b) must be 27
given by a prescribed person as defined in schedule 7 of that 28
Act. 29
`(6) To remove any doubt, it is declared that no fee is payable 30
under this Act or the Commissioner's Act for an application 31
for a prescribed notice or exemption notice made under 32
subsection (2) or (4). 33
`(7) In this section-- 34
regulated employment see the Commissioner's Act, section 35
156. 36
volunteer see the Commissioner's Act, section 165.'. 37
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Criminal History Screening Legislation Amendment Bill 2010
Part 2 Amendment of Child Care Act 2002
[s 20]
Clause 20 Insertion of new pt 10, div 5 1
Part 10-- 2
insert-- 3
`Division 5 Transitional provisions for Criminal 4
History Screening Legislation 5
Amendment Act 2010 6
`196 Giving information about disciplinary action to 7
children's commissioner 8
`(1) This section applies if-- 9
(a) before the commencement, the chief executive 10
amended, suspended or revoked a person's licence under 11
section 43, 45 or 46 (the disciplinary action); and 12
(b) at the commencement, the chief executive has neither 13
given nor decided not to give the children's 14
commissioner written notice about the disciplinary 15
action as provided under previous section 50A. 16
`(2) Section 50A as in force immediately after the commencement 17
applies in relation to the disciplinary action. 18
`(3) In this section-- 19
commencement means the commencement of this section. 20
previous section 50A means section 50A as in force from time 21
to time before the commencement. 22
`197 Giving information about prohibition notice to 23
children's commissioner 24
`(1) This section applies if-- 25
(a) before the commencement, the chief executive gave a 26
person a prohibition notice; and 27
(b) at the commencement, the chief executive has not given 28
the children's commissioner written notice of the 29
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Criminal History Screening Legislation Amendment Bill 2010
Part 2 Amendment of Child Care Act 2002
[s 21]
decision to give the prohibition notice as required by 1
previous section 107A. 2
`(2) Section 107A as in force immediately after the 3
commencement applies in relation to the giving of the 4
prohibition notice. 5
`(3) In this section-- 6
commencement means the commencement of this section. 7
previous section 107A means section 107A as in force from 8
time to time before the commencement. 9
`198 Existing applications for prescribed notices by 10
occupants of home 11
`(1) This section applies if-- 12
(a) a person has applied for a prescribed notice under the 13
Commissioner's Act under previous section 166; and 14
(b) at the commencement, the application has not been 15
decided or withdrawn. 16
`(2) The application must be dealt with as mentioned in previous 17
section 166 as if the Criminal History Screening Legislation 18
Amendment Act 2010 had not been enacted. 19
`(3) In this section-- 20
commencement means the commencement of this section. 21
previous section 166 means section 166 as in force before the 22
commencement.'. 23
Clause 21 Amendment of sch 2 (Dictionary) 24
(1) Schedule 2, definitions negative prescribed notice and 25
positive prescribed notice-- 26
omit. 27
(2) Schedule 2-- 28
insert-- 29
Page 47
Criminal History Screening Legislation Amendment Bill 2010
Part 2 Amendment of Child Care Act 2002
[s 21]
`apply for an exemption notice means apply under the 1
Commissioner's Act for an exemption notice. 2
children's commissioner means the Commissioner for 3
Children and Young People and Child Guardian under the 4
Commissioner's Act. 5
Commissioner's Act means the Commission for Children and 6
Young People and Child Guardian Act 2000. 7
exemption notice means an exemption notice in force under 8
the Commissioner's Act. 9
negative exemption notice means a negative exemption notice 10
under the Commissioner's Act. 11
negative prescribed notice means a negative notice under the 12
Commissioner's Act. 13
positive exemption notice means a positive exemption notice 14
under the Commissioner's Act. 15
positive prescribed notice means positive notice under the 16
Commissioner's Act.'. 17
(3) Schedule 2, definitions apply for a prescribed notice and 18
prescribed notice, from `Commission' to `2000'-- 19
omit, insert-- 20
`Commissioner's Act'. 21
(4) Schedule 2, definition disqualified person, after `prescribed 22
notice'-- 23
insert-- 24
`, a negative exemption notice'. 25
Page 48
Criminal History Screening Legislation Amendment Bill 2010
Part 3 Amendment of Child Protection Act 1999
[s 22]
Part 3 Amendment of Child Protection 1
Act 1999 2
Clause 22 Act amended 3
This part amends the Child Protection Act 1999. 4
Clause 23 Amendment of s 99F (Review applications by 5
commissioner) 6
(1) Section 99F, heading, after `by'-- 7
insert-- 8
`children's'. 9
(2) Section 99F(1), after `is the'-- 10
insert-- 11
`children's'. 12
(3) Section 99F(2), from `commissioner' to `140B(4)'-- 13
omit, insert-- 14
`children's commissioner gives notice under the 15
Commissioner's Act, section 370(4)'. 16
(4) Section 99F(3)-- 17
omit. 18
Clause 24 Amendment of s 125 (Application for, or renewal of, 19
licence) 20
(1) Section 125(1)(d)(ii), from `or a'-- 21
omit, insert-- 22
`, current negative prescribed notice, current positive 23
exemption notice or current negative exemption notice; and'. 24
(2) Section 125(1)(d)(iv)-- 25
omit, insert-- 26
Page 49
Criminal History Screening Legislation Amendment Bill 2010
Part 3 Amendment of Child Protection Act 1999
[s 25]
`(iv) if the person does not have a current prescribed 1
notice or current exemption notice--states whether 2
or not there is a current application for a prescribed 3
notice or exemption notice about the person; and'. 4
Clause 25 Amendment of s 126 (Restrictions on granting 5
application) 6
(1) Section 126(c), after `notice'-- 7
insert-- 8
`or current positive exemption notice'. 9
(2) Section 126(d), `part 6'-- 10
omit, insert-- 11
`chapter 8'. 12
Clause 26 Amendment of s 129 (Refusal of application) 13
Section 129(2)(c), after `prescribed notice'-- 14
insert-- 15
`or current positive exemption notice'. 16
Clause 27 Amendment of s 130 (Nominees) 17
Section 130(1)(c), `part 6'-- 18
omit, insert-- 19
`chapter 8'. 20
Clause 28 Amendment of s 133 (Process for initial issue of a 21
certificate) 22
Section 133(3)(d), from `has a'-- 23
omit, insert-- 24
`has-- 25
Page 50
Criminal History Screening Legislation Amendment Bill 2010
Part 3 Amendment of Child Protection Act 1999
[s 29]
(i) a current positive prescribed notice, current 1
negative prescribed notice, current positive 2
exemption notice or current negative exemption 3
notice; or 4
(ii) a current application for a prescribed notice or 5
exemption notice;'. 6
Clause 29 Amendment of s 134 (Process to renew a certificate) 7
Section 134(3)(d), from `has a'-- 8
omit, insert-- 9
`has-- 10
(i) a current positive prescribed notice, current 11
negative prescribed notice, current positive 12
exemption notice or current negative exemption 13
notice; or 14
(ii) a current application for a prescribed notice or 15
exemption notice;'. 16
Clause 30 Amendment of s 135 (Restrictions on granting 17
application) 18
Section 135(1)(a)(iii) and (b)(iv), after `notice'-- 19
insert-- 20
`or current positive exemption notice'. 21
Clause 31 Amendment of s 136 (Refusal of application) 22
Section 136(2)(c), after `prescribed notice'-- 23
insert-- 24
`or current positive exemption notice'. 25
Page 51
Criminal History Screening Legislation Amendment Bill 2010
Part 3 Amendment of Child Protection Act 1999
[s 32]
Clause 32 Amendment of s 137 (Amendment of authority on 1
application of holder) 2
Section 137(5), from `consider'-- 3
omit, insert-- 4
`consider-- 5
(a) whether the proposed nominee is a suitable person; and 6
(b) whether the proposed nominee has-- 7
(i) a current positive prescribed notice or current 8
positive exemption notice; or 9
(ii) a current application for a prescribed notice or 10
exemption notice.'. 11
Clause 33 Amendment of s 139 (Authority may be suspended or 12
cancelled) 13
Section 139(5), after `notice'-- 14
insert-- 15
`or current positive exemption notice'. 16
Clause 34 Amendment of s 140AB (Definitions for sdiv 3) 17
(1) Section 140AB, definitions apply for a review, disqualifying 18
event and prescribed provision-- 19
omit. 20
(2) Section 140AB-- 21
insert-- 22
`apply for a review, of a decision under the Commissioner's 23
Act to issue or give a negative prescribed notice or negative 24
exemption notice, means apply to the tribunal under section 25
309(3) or 354 of that Act for a review of the decision. 26
disqualifying event, for a person, means-- 27
(a) the person is issued with or given a negative prescribed 28
notice or negative exemption notice other than-- 29
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Criminal History Screening Legislation Amendment Bill 2010
Part 3 Amendment of Child Protection Act 1999
[s 35]
(i) under a prescribed provision; or 1
(ii) on cancellation of a positive prescribed notice or 2
positive exemption notice that is suspended; or 3
(b) the person's positive prescribed notice or positive 4
exemption notice is suspended; or 5
(c) an application for a prescribed notice or exemption 6
notice about the person is withdrawn. 7
prescribed provision means-- 8
(a) in relation to a prescribed notice--the Commissioner's 9
Act, section 224 or 239; or 10
(b) in relation to an exemption notice--the Commissioner's 11
Act, section 224 (as applied under section 285) or 297.'. 12
Clause 35 Amendment of s 140AC (Immediate suspension) 13
Section 140AC(3) to (5), after `prescribed notice'-- 14
insert-- 15
`or negative exemption notice'. 16
Clause 36 Amendment of s 140AF (End of suspension) 17
(1) Section 140AF(1), after `prescribed notice'-- 18
insert-- 19
`or positive exemption notice'. 20
(2) Section 140AF(2), after `prescribed notice'-- 21
insert-- 22
`or negative exemption notice'. 23
Page 53
Criminal History Screening Legislation Amendment Bill 2010
Part 3 Amendment of Child Protection Act 1999
[s 37]
Clause 37 Amendment of s 140AG (Cancellation of certificate of 1
approval) 2
Section 140AG(1) to (4), after `prescribed notice'-- 3
insert-- 4
`or negative exemption notice'. 5
Clause 38 Amendment of s 140AH (Cancellation of licence) 6
Section 140AH(1) and (2), after `prescribed notice'-- 7
insert-- 8
`or negative exemption notice'. 9
Clause 39 Replacement of s 140A (Chief executive may notify 10
children's commissioner about particular information) 11
Section 140A-- 12
omit, insert-- 13
`140A Chief executive to give particular information to 14
children's commissioner 15
`(1) This section applies if the chief executive-- 16
(a) amends, suspends or cancels a person's certificate of 17
approval under this division (a disciplinary action); and 18
(b) reasonably believes the disciplinary action may be 19
relevant to the functions or powers of the children's 20
commissioner under the Commissioner's Act. 21
`(2) The chief executive must give written notice of the 22
disciplinary action to the children's commissioner. 23
`(3) A notice under subsection (2) must state the following-- 24
(a) the person's name and address; 25
(b) the person's date and place of birth; 26
(c) that disciplinary action has been taken against the 27
person, without stating anything further about the 28
disciplinary action. 29
Page 54
Criminal History Screening Legislation Amendment Bill 2010
Part 3 Amendment of Child Protection Act 1999
[s 39]
`(4) Subsection (5) applies if the children's commissioner-- 1
(a) requests further information about the disciplinary 2
action; and 3
(b) notifies the chief executive that the person is an 4
applicant for, or holder of, a prescribed notice or 5
exemption notice under the Commissioner's Act. 6
`(5) The chief executive must give the children's commissioner a 7
written notice stating the following-- 8
(a) the form of disciplinary action taken; 9
(b) when the conduct happened that constituted a ground 10
for the disciplinary action; 11
(c) the nature of the conduct that constituted a ground for 12
the disciplinary action; 13
(d) any other information about the disciplinary action the 14
chief executive considers may be relevant to 15
employment screening under the Commissioner's Act, 16
chapter 8, including, for example, details about the 17
nature of the disciplinary action. 18
`(6) A notice given under subsection (2) or (5) must not contain 19
information that identifies, or is likely to identify, a particular 20
child. 21
`(7) If the chief executive gives the children's commissioner 22
information under subsection (5) about disciplinary action and 23
the disciplinary action is set aside on review or appeal, the 24
chief executive must notify the children's commissioner of the 25
following-- 26
(a) the disciplinary action has been set aside; 27
(b) the reasons given by the entity that set the disciplinary 28
action aside for setting it aside.'. 29
Page 55
Criminal History Screening Legislation Amendment Bill 2010
Part 3 Amendment of Child Protection Act 1999
[s 40]
Clause 40 Amendment of s 141B (Personal history) 1
Section 141B(1)(b) and (c), after `prescribed notice'-- 2
insert-- 3
`or current positive exemption notice'. 4
Clause 41 Amendment of s 141H (Nominee for licence) 5
(1) Section 141H(1)(a) and (d), after `notice'-- 6
insert-- 7
`or exemption notice'. 8
(2) Section 141H(1)(c), `section 113 or 114'-- 9
omit, insert-- 10
`section 324 or 325'. 11
(3) Section 141H(1)(e)(ii), after `notice'-- 12
insert-- 13
`or negative exemption notice'. 14
(4) Section 141H(3)(b), after `notice'-- 15
insert-- 16
`or current positive exemption notice'. 17
Clause 42 Amendment of s 141I (Director of licensee) 18
(1) Section 141I(1)(a), after `notice'-- 19
insert-- 20
`or exemption notice'. 21
(2) Section 141I(1)(c), `section 113 or 114'-- 22
omit, insert-- 23
`section 324 or 325'. 24
Page 56
Criminal History Screening Legislation Amendment Bill 2010
Part 3 Amendment of Child Protection Act 1999
[s 43]
Clause 43 Amendment of s 142 (Meaning of police information) 1
Section 142, definition police information, paragraphs (f) and 2
(g), after `prescribed notice'-- 3
insert-- 4
`or current positive exemption notice'. 5
Clause 44 Amendment of s 148A (Chief executive to notify 6
children's commissioner about particular persons) 7
(1) Section 148A(1)(a), after `notice'-- 8
insert-- 9
`or exemption notice'. 10
(2) Section 148A(1)(a)(i), `section 6G(1) or (2)'-- 11
omit, insert-- 12
`section 14(1) or (2)'. 13
(3) Section 148A(3)(b), after `notice'-- 14
insert-- 15
`or current positive exemption notice'. 16
Clause 45 Amendment of s 148B (Obtaining particular information 17
from children's commissioner) 18
Section 148B(1)(a) to (c)-- 19
omit, insert-- 20
`(a) information about whether a relevant person-- 21
(i) has a current positive prescribed notice, current 22
negative prescribed notice, current positive 23
exemption notice or current negative exemption 24
notice; or 25
(ii) has a positive prescribed notice or positive 26
exemption notice that is suspended under the 27
Commissioner's Act; or 28
Page 57
Criminal History Screening Legislation Amendment Bill 2010
Part 3 Amendment of Child Protection Act 1999
[s 46]
(iii) has a current application for a prescribed notice or 1
exemption notice; 2
(b) if the relevant person has a positive prescribed 3
notice--the expiry date for the notice; 4
(c) if the relevant person has a negative prescribed notice or 5
negative exemption notice--the date of issue of the 6
notice.'. 7
Clause 46 Amendment of s 148D (Pending application for 8
prescribed notice) 9
(1) Section 148D(2), `section 104B'-- 10
omit, insert-- 11
`section 188'. 12
(2) Section 148D(4), `section 109(1)'-- 13
omit, insert-- 14
`section 197'. 15
Clause 47 Amendment of s 246G (Preparation of supplementary 16
report) 17
(1) Section 246G(1), `section 89T(3)'-- 18
omit, insert-- 19
`section 134(3)'. 20
(2) Section 246G(2), `section 89U(1)'-- 21
omit, insert-- 22
`section 135(1)'. 23
Page 58
Criminal History Screening Legislation Amendment Bill 2010
Part 3 Amendment of Child Protection Act 1999
[s 48]
Clause 48 Amendment of s 246H (Chief executive to give reports to 1
State Coroner) 2
Section 246H(1)(a)(iii), `section 89U'-- 3
omit, insert-- 4
`section 135'. 5
Clause 49 Insertion of new ch 9, pt 7 6
Chapter 9-- 7
insert-- 8
`Part 7 Transitional provision for 9
Criminal History Screening 10
Legislation Amendment Act 11
2010 12
`269 Giving information about disciplinary action to 13
children's commissioner 14
`(1) This section applies if-- 15
(a) before the commencement, the chief executive 16
amended, suspended or cancelled a certificate of 17
approval under chapter 4, part 2, division 4 (the 18
disciplinary action); and 19
(b) at the commencement, the chief executive has neither 20
given nor decided not to give the children's 21
commissioner written notice about the disciplinary 22
action as provided under previous section 140A. 23
`(2) Section 140A as in force immediately after the 24
commencement applies in relation to the disciplinary action. 25
`(3) In this section-- 26
commencement means the commencement of this section. 27
previous section 140A means section 140A as in force from 28
time to time before the commencement.'. 29
Page 59
Criminal History Screening Legislation Amendment Bill 2010
Part 3 Amendment of Child Protection Act 1999
[s 50]
Clause 50 Amendment of sch 2 (Reviewable decisions and 1
aggrieved persons) 2
Schedule 2, left column, after `prescribed notice'-- 3
insert-- 4
`or current positive exemption notice'. 5
Clause 51 Amendment of sch 3 (Dictionary) 6
(1) Schedule 3, definitions negative prescribed notice, positive 7
prescribed notice, prescribed notice and traffic history-- 8
omit. 9
(2) Schedule 3-- 10
insert-- 11
`apply for an exemption notice means apply for an exemption 12
notice under the Commissioner's Act. 13
exemption notice means an exemption notice under the 14
Commissioner's Act. 15
negative exemption notice means a negative exemption notice 16
under the Commissioner's Act. 17
negative prescribed notice means a negative notice under the 18
Commissioner's Act. 19
positive exemption notice means a positive exemption notice 20
under the Commissioner's Act. 21
positive prescribed notice means a positive notice under the 22
Commissioner's Act. 23
prescribed notice means a prescribed notice under the 24
Commissioner's Act. 25
traffic history, of a person, means the history of the person's 26
contraventions of the following provisions-- 27
(a) the Transport Operations (Road Use Management) Act 28
1995, section 79; 29
Page 60
Criminal History Screening Legislation Amendment Bill 2010
Part 4 Amendment of Child Protection (Offender Prohibition Order) Act 2008
[s 52]
Editor's note-- 1
Transport Operations (Road Use Management) Act 1995, 2
section 79 (Vehicle offences involving liquor or other drugs) 3
(b) the Criminal Code, section 328A. 4
Editor's note-- 5
Criminal Code, section 328A (Dangerous operation of a 6
vehicle)'. 7
(3) Schedule 3, definition CDCRC, `part 4A, division 1'-- 8
omit, insert-- 9
`chapter 6, part 1'. 10
(4) Schedule 3, definition current, after `prescribed notice'-- 11
insert-- 12
`or exemption notice'. 13
Part 4 Amendment of Child Protection 14
(Offender Prohibition Order) 15
Act 2008 16
Clause 52 Act amended 17
This part amends the Child Protection (Offender Prohibition 18
Order) Act 2008. 19
Clause 53 Amendment of s 25 (Making disqualification order 20
instead of temporary order) 21
(1) Section 25(2), from `stating'-- 22
omit, insert-- 23
`stating the person may not-- 24
(a) hold a positive notice or positive exemption notice; or 25
Page 61
Criminal History Screening Legislation Amendment Bill 2010
Part 4 Amendment of Child Protection (Offender Prohibition Order) Act 2008
[s 54]
(b) apply for a prescribed notice or exemption notice.'. 1
(2) Section 25(3), after `positive notice'-- 2
insert-- 3
`or positive exemption notice'. 4
Clause 54 Amendment of s 28 (Revoking a disqualification order) 5
Section 28(4), after `positive notice'-- 6
insert-- 7
`or positive exemption notice'. 8
Clause 55 Amendment of schedule (Dictionary) 9
(1) Schedule-- 10
insert-- 11
`exemption notice means an exemption notice under the 12
Commission for Children and Young People and Child 13
Guardian Act 2000. 14
positive exemption notice means a positive exemption notice 15
under the Commission for Children and Young People and 16
Child Guardian Act 2000. 17
prescribed notice means a prescribed notice under the 18
Commission for Children and Young People and Child 19
Guardian Act 2000.'. 20
(2) Schedule, definition appearance notice, paragraph (e)(ii), 21
`positive notice'-- 22
omit, insert-- 23
`prescribed notice or exemption notice'. 24
(3) Schedule, definition appearance notice, paragraph (e)(iii), `or 25
positive notice blue card'-- 26
omit, insert-- 27
`, positive notice blue card or positive exemption notice'. 28
Page 62
Criminal History Screening Legislation Amendment Bill 2010
Part 5 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 56]
Part 5 Amendment of Commission for 1
Children and Young People and 2
Child Guardian Act 2000 3
Clause 56 Act amended 4
(1) This part and schedules 1 and 2 amend the Commission for 5
Children and Young People and Child Guardian Act 2000 (the 6
Act). 7
(2) Schedule 1 makes minor amendments of particular provisions 8
of the Act. 9
(3) Schedule 2 amends parts 1 to 5, 6A, 6B and 7A to 9 of the Act 10
to-- 11
(a) convert parts into chapters, divisions into parts and 12
subdivisions into divisions; and 13
(b) renumber provisions within parts 1 to 5, 6A, 6B and 7A 14
to 9; and 15
(c) make amendments consequential to the conversions and 16
renumbering mentioned in paragraph (a) and (b) or 17
arising out of the replacement of part 6 under section 58. 18
(4) If this part or schedule 1 amends a provision renumbered in 19
schedule 2, the renumbering in schedule 2 takes effect 20
immediately after the amendment of the provision in this part 21
or schedule 1. 22
Clause 57 Replacement of s 30 (Criminal history screening of 23
commission's staff) 24
Section 30-- 25
omit, insert-- 26
`30 Employment screening of commission's staff 27
`(1) This section applies in relation to a person who-- 28
(a) is or proposes to be a member of the commission's staff; 29
and 30
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Criminal History Screening Legislation Amendment Bill 2010
Part 5 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 57]
(b) is to start, or continue in, regulated employment in that 1
capacity. 2
Note-- 3
See the Public Service Act 2008 for the employment of the 4
commission's employees generally, including in child-related duties that 5
are not regulated employment. 6
`(2) The commissioner may ask the person for written consent for 7
the commissioner to undertake employment screening of the 8
person under chapter 8. 9
`(3) Subsection (2) applies even if the person is a public service 10
employee at the time the person is to start, or continue in, the 11
regulated employment. 12
`(4) If the person does not give the consent, or withdraws his or 13
her consent, the commissioner must ensure the person does 14
not start, or continue in, the regulated employment. 15
`(5) If the person gives the consent, the commissioner may-- 16
(a) if the person is not a police officer or registered 17
teacher--undertake employment screening of the person 18
under chapter 8, and issue a prescribed notice to the 19
person, as if the commissioner were deciding a 20
prescribed notice application about the person; or 21
(b) if the person is a police officer or registered 22
teacher--undertake employment screening of the person 23
under chapter 8, and issue an exemption notice to the 24
person, as if the commissioner were deciding an 25
exemption notice application about the person 26
`(6) The person's consent to employment screening may be 27
withdrawn-- 28
(a) if the person is not a police officer or registered 29
teacher--under sections 204 to 208 as if a prescribed 30
notice application has been made about the person; or 31
(b) if the person is a police officer or registered 32
teacher--under sections 264 to 269 as if an exemption 33
notice application has been made about the person.'. 34
Page 64
Criminal History Screening Legislation Amendment Bill 2010
Part 5 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 58]
Clause 58 Replacement of pt 6 (Screening for regulated 1
employment and regulated businesses) 2
Part 6-- 3
omit, insert-- 4
`Chapter 8 Screening for regulated 5
employment and regulated 6
businesses 7
`Part 1 Preliminary 8
`Division 1 General 9
`154 Main purpose of ch 8 10
`The main purpose of this chapter is to ensure that persons 11
employed in particular employment, or carrying on particular 12
businesses, as prescribed under this Act undergo screening 13
under this chapter. 14
`155 Safety and wellbeing of children to be paramount 15
consideration 16
`Without limiting section 6, the paramount consideration in 17
making a decision under this chapter is a child's entitlement to 18
be cared for in a way that protects the child from harm and 19
promotes the child's wellbeing. 20
`Division 2 Application of chapter 21
`156 Employment and businesses regulated by this 22
chapter 23
`(1) This chapter concerns-- 24
Page 65
Criminal History Screening Legislation Amendment Bill 2010
Part 5 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 58]
(a) employment of a type mentioned in schedule 1, part 1 1
(regulated employment); and 2
(b) the carrying on of a business of a type mentioned in 3
schedule 1, part 2 (a regulated business). 4
`(2) Schedule 1, part 3 provides for employment to which this 5
chapter does not apply. 6
`157 This chapter applies despite the Criminal Law 7
(Rehabilitation of Offenders) Act 1986 8
`This chapter applies to a person despite anything in the 9
Criminal Law (Rehabilitation of Offenders) Act 1986. 10
`158 Declaration relating to exemption to category of 11
regulated employment 12
`(1) This section applies if, under a section of schedule 1, part 1, 13
the employment of a person is regulated employment. 14
`(2) The employment is regulated employment even if-- 15
(a) another section of schedule 1, part 1 expressly provides 16
that employment of the person is not regulated 17
employment; or 18
(b) a section of schedule 1, part 2 expressly provides that a 19
business carried on by the person is not a regulated 20
business. 21
Example-- 22
An Australian lawyer is employed at a school as a student counsellor 23
and the lawyer is not an approved teacher or a volunteer who is a parent 24
of a child attending the school. The employment of the Australian 25
lawyer at the school is regulated employment under schedule 1, section 26
3 even though, under schedule 1, section 6(3)(a), the employment of the 27
Australian lawyer is not regulated employment. 28
Page 66
Criminal History Screening Legislation Amendment Bill 2010
Part 5 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 58]
`159 Declaration relating to exemption to category of 1
regulated business 2
`(1) This section applies if, under a section of schedule 1, part 2, a 3
business carried on by a person is a regulated business. 4
`(2) The business is a regulated business even if-- 5
(a) another section of schedule 1, part 2 expressly provides 6
that a business carried on by the person is not a 7
regulated business; or 8
(b) a section of schedule 1, part 1 expressly provides that 9
employment of the person is not regulated employment. 10
Example-- 11
If a person carries on a business that includes private tutoring of children 12
at a school, the person is carrying on a regulated business under 13
schedule 1, section 17 even if employment of the person is not regulated 14
employment under schedule 1, section 3 because the person is an 15
approved teacher. 16
`160 Application of chapter to children 17
`This chapter applies to the unpaid employment of a child 18
only if the child is a trainee student of an education provider 19
and the employment is part of the course undertaken by the 20
trainee student with the education provider. 21
`Part 2 Interpretation 22
`161 What is employment 23
`(1) For this chapter, a person is employing another person if the 24
first person has an agreement with the other person for the 25
other person to carry out work. 26
`(2) It is immaterial for this section-- 27
(a) whether the agreement is written or unwritten; and 28
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Criminal History Screening Legislation Amendment Bill 2010
Part 5 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 58]
(b) whether the work is carried out voluntarily or for 1
financial reward; and 2
(c) what a person's motivation is for carrying out the work; 3
and 4
(d) the time for which the person is engaged to carry out the 5
work; and 6
(e) whether the agreement provides for the other person to 7
carry out work on 1 occasion or on an ongoing basis, 8
whether regularly or irregularly. 9
`(3) Also, for this section, the nature of the work is immaterial. 10
`(4) This section is subject to section 162. 11
Examples of employment-- 12
1 A person is engaged by a school as a cleaner under a written 13
contract of employment. 14
2 A person orally agrees with the manager of a club to coach a 15
children's sporting team during a season. 16
3 The manager of a counselling organisation agrees with an adult 17
student that the student attend the organisation's office each day 18
during a semester and carry out various duties. 19
4 A tour operator arranges with the parents of a family to provide a 20
child accommodation service in their home to an international 21
student. 22
`162 What is employment when education provider 23
arranges trainee student to carry out work for 24
someone else 25
`(1) This section applies if-- 26
(a) the first person mentioned in section 161 is an education 27
provider; and 28
(b) the other person mentioned in section 161 is a trainee 29
student of the education provider; and 30
(c) the work to be carried out is part of the course that the 31
trainee student is undertaking with the education 32
provider; and 33
Page 68
Criminal History Screening Legislation Amendment Bill 2010
Part 5 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 58]
(d) the work is to be carried out for someone else. 1
`(2) For section 161, the person for whom the trainee student is to 2
carry out work, or carries out work, is employing the trainee 3
student. 4
`(3) Subsection (2) applies even if-- 5
(a) there is no agreement for the trainee student to carry out 6
the work made expressly between the person and the 7
trainee student; or 8
(b) the education provider-- 9
(i) applies for a prescribed notice about the trainee 10
student as mentioned in section 199(2); or 11
(ii) applies for an exemption notice about the trainee 12
student as mentioned in section 260(2). 13
`(4) For this chapter, if the education provider applies for a 14
prescribed notice or exemption notice about the trainee 15
student as mentioned in subsection (3)(b)-- 16
(a) the person for whom the trainee student is to carry out 17
work, or carries out work, need not apply for the 18
prescribed notice or exemption notice; but 19
(b) the person is-- 20
(i) if the education provider has applied for a 21
prescribed notice about the trainee student--taken 22
to have applied for a prescribed notice about the 23
trainee student for part 4, divisions 3 and 4; or 24
(ii) if the education provider has applied for an 25
exemption notice about the trainee student--taken 26
to have applied for an exemption notice about the 27
trainee student for part 5, divisions 2 and 3. 28
`163 What is employment in child care 29
`(1) This section applies to the employment of a person as a carer 30
in, or staff member of, a child care service. 31
Page 69
Criminal History Screening Legislation Amendment Bill 2010
Part 5 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 58]
`(2) A reference in this Act to employment of the person includes 1
a reference to engagement of the person within the meaning of 2
the Child Care Act 2002, section 58. 3
`164 Matters about particular regulated employment 4
relating to care of children 5
`(1) This section applies if a person is engaged, or proposes to be 6
engaged, in regulated employment mentioned in schedule 1, 7
section 14(1) or (2). 8
`(2) For this chapter, and for no other purpose, the State is taken to 9
be employing, or proposing to employ, the person in the 10
regulated employment. 11
`(3) For this chapter-- 12
(a) the chief executive (child safety) may carry out a 13
function of the State relating to the person; and 14
(b) if the person must disclose information to the person's 15
employer, or notify the employer about a matter--the 16
person must disclose the information to, or notify, the 17
chief executive (child safety). 18
Note-- 19
This declaration arises out of the volunteer or non-employee status of 20
persons engaged in regulated employment mentioned in schedule 1, 21
section 14(1) or (2). 22
`165 Who is a volunteer 23
`(1) A volunteer is a person who is employed by another person 24
and does not carry out any work for the other person for a 25
financial reward. 26
`(2) In this section-- 27
financial reward does not include-- 28
(a) a payment that is a reimbursement for out-of-pocket 29
expenses; or 30
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Criminal History Screening Legislation Amendment Bill 2010
Part 5 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 58]
(b) for a person who is an approved carer--an allowance or 1
other amount paid to the person under the Child 2
Protection Act 1999, section 159. 3
`166 Executive officers of a corporation carrying on a 4
regulated business 5
`(1) This section applies in relation to a corporation that carries on, 6
or proposes to carry on, a regulated business. 7
`(2) For this chapter other than section 172, a person is taken to be 8
carrying on, or proposing to carry on, the regulated business 9
by being, or proposing to be, an executive officer of the 10
corporation. 11
`(3) Subsection (2) applies only if the person's principal place of 12
residence is in Australia. 13
Note-- 14
In relation to section 172 and other provisions of this Act applying to 15
corporations, see section 383. 16
`167 What is a serious offence 17
`(1) A serious offence is-- 18
(a) an offence against a provision of an Act mentioned in 19
schedule 2 or 3, column 1, subject to any qualification 20
relating to the provision mentioned opposite in column 21
3; or 22
(b) an offence of counselling or procuring the commission 23
of an offence of a kind mentioned in paragraph (a); or 24
(c) an offence of attempting, or of conspiring, to commit an 25
offence of a kind mentioned in paragraph (a); or 26
(d) an offence that has, as an element, an intention to 27
commit an offence of a kind mentioned in paragraph (a); 28
or 29
(e) an offence that, at the time it was committed, was an 30
offence of a kind mentioned in paragraph (a); or 31
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Criminal History Screening Legislation Amendment Bill 2010
Part 5 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 58]
(f) another offence that is a class 1 offence or a class 2 1
offence under the Offender Reporting Act that is not 2
otherwise a serious offence under this Act; or 3
(g) an offence under a law of another jurisdiction that, if it 4
had been committed in Queensland, would have 5
constituted an offence mentioned in paragraph (a) to (f). 6
Note-- 7
Column 2 in schedules 2 and 3 is included for information purposes 8
only and states a section heading for the provision mentioned opposite 9
in column 1. 10
`(2) For this section, it is immaterial if a provision mentioned in 11
schedule 2 or 3, column 1, for an Act has been amended from 12
time to time or that the provision was previously numbered 13
with a different number. 14
`168 What is a disqualifying offence 15
`(1) A disqualifying offence is-- 16
(a) an offence against a provision of an Act mentioned in 17
schedule 4 or 5, column 1, subject to any qualification 18
relating to the provision mentioned opposite in column 19
3; or 20
(b) an offence of counselling or procuring the commission 21
of an offence of a kind mentioned in paragraph (a); or 22
(c) an offence of attempting, or of conspiring, to commit an 23
offence of a kind mentioned in paragraph (a); or 24
(d) an offence that has, as an element, intention to commit 25
an offence of a kind mentioned in paragraph (a); or 26
(e) an offence that, at the time it was committed was an 27
offence of a kind mentioned in paragraph (a); or 28
(f) an offence under a law of another jurisdiction that, if it 29
had been committed in Queensland, would have 30
constituted an offence mentioned in paragraph (a) to (e). 31
Page 72
Criminal History Screening Legislation Amendment Bill 2010
Part 5 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 58]
Note-- 1
Column 2 in schedules 4 and 5 is included for information purposes 2
only and states a section heading for the provision mentioned opposite 3
in column 1. 4
`(2) For this section, it is immaterial if a provision mentioned in 5
schedule 4 or 5, column 1, for an Act has been amended from 6
time to time or that the provision was previously numbered 7
with a different number. 8
`169 Who is a disqualified person 9
`(1) A person is a disqualified person if the person-- 10
(a) has been or is convicted of a disqualifying offence; or 11
(b) is subject to-- 12
(i) offender reporting obligations; or 13
(ii) an offender prohibition order; or 14
(iii) a disqualification order; or 15
(iv) a sexual offender order. 16
`(2) However, a person to whom subsection (1)(a) applies is not a 17
disqualified person if the commissioner issued an eligibility 18
declaration to the person and the eligibility declaration has not 19
expired. 20
Notes-- 21
1 See part 4, division 2 for obtaining an eligibility declaration. 22
2 Under section 181, a person who is issued a positive notice, or 23
whose negative notice or negative exemption notice is cancelled, is 24
taken to be issued with an eligibility declaration. 25
3 See section 185 for when an eligibility declaration expires, 26
including if the person is charged with a disqualifying offence or 27
becomes a relevant disqualified person after the declaration was 28
issued. 29
`170 Who is a relevant disqualified person 30
`A person is a relevant disqualified person if the person-- 31
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Criminal History Screening Legislation Amendment Bill 2010
Part 5 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 58]
(a) has been or is convicted of a disqualifying offence for 1
which an imprisonment order was or is imposed; or 2
(b) is subject to-- 3
(i) offender reporting obligations; or 4
(ii) an offender prohibition order; or 5
(iii) a disqualification order; or 6
(iv) a sexual offender order. 7
`Part 3 Risk management strategies 8
`171 Risk management strategies about persons 9
employed in regulated employment 10
`(1) A person who employs someone else in employment that is 11
regulated employment must, for each year, develop and 12
implement a written strategy about the person's employees in 13
regulated employment that-- 14
(a) implements employment practices and procedures to 15
promote the wellbeing of a child affected by the 16
regulated employment and to protect the child from 17
harm; and 18
(b) includes the matters prescribed under a regulation. 19
Maximum penalty--20 penalty units. 20
`(2) In this section-- 21
employees in regulated employment, for a person, includes 22
each of the following whom the person employs in regulated 23
employment-- 24
(a) persons about whom the person has applied for a 25
prescribed notice or exemption notice; 26
(b) persons who hold a positive notice or positive 27
exemption notice; 28
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Criminal History Screening Legislation Amendment Bill 2010
Part 5 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 58]
(c) persons who need not hold a positive notice or 1
exemption notice. 2
`172 Risk management strategies about regulated 3
businesses 4
`A person who carries on a regulated business must, for each 5
year, develop and implement a written strategy about the 6
regulated business that-- 7
(a) implements employment practices and procedures to 8
promote the wellbeing of a child affected by the 9
regulated business and to protect the child from harm; 10
and 11
(b) includes the matters prescribed under a regulation. 12
Maximum penalty--20 penalty units. 13
`Part 4 Prescribed notices 14
`Division 1 Preliminary 15
`173 Part does not apply to police officers or registered 16
teachers 17
`This part does not apply in relation to the employment of a 18
person, or the carrying on of a business by a person, who is-- 19
(a) a police officer; or 20
(b) a registered teacher. 21
`174 Offences for disqualified person 22
`(1) A disqualified person must not-- 23
(a) sign an application about the person made by someone 24
else under division 7; or 25
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Criminal History Screening Legislation Amendment Bill 2010
Part 5 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 58]
(b) make an application under division 8; or 1
(c) apply for, or start or continue in, regulated employment. 2
Maximum penalty--500 penalty units or 5 years 3
imprisonment. 4
Note-- 5
See section 197 in relation to carrying on a regulated business. 6
`(2) Subsection (1)(c) applies even though it may not be an offence 7
for a person to employ the disqualified person in regulated 8
employment. 9
`175 Commissioner to give notice if person signing or 10
making prescribed notice application is disqualified 11
person 12
`(1) This section applies if the commissioner is satisfied a person 13
who has signed or made a prescribed notice application is a 14
disqualified person. 15
`(2) The commissioner must give the person a written notice 16
stating the following-- 17
(a) the commissioner is satisfied the person is a disqualified 18
person; 19
(b) the application is invalid; 20
(c) the person must not start or continue in regulated 21
employment or carry on a regulated business. 22
`(3) Also, the commissioner must give each notifiable person for 23
the person a written notice stating that the commissioner is 24
satisfied that the person is a disqualified person and-- 25
(a) if the notice is given to a notifiable person in relation to 26
the regulated employment or proposed regulated 27
employment of the person--the notifiable person must 28
not allow the person to start or continue to perform work 29
that is regulated employment; or 30
(b) otherwise--the person must not start or continue to 31
carry on a regulated business. 32
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`(4) Further, the commissioner must consider whether notice must 1
be given under section 342(3). 2
Note-- 3
Under section 342, the commissioner is required to notify the 4
accreditation board about particular decisions relating to a director of a 5
school's governing body. 6
`176 Giving notification under pt 4 7
`(1) This section applies in relation to a provision of this part that 8
provides that a person (the employer) must notify the 9
commissioner about the employment of someone else (the 10
employee) in regulated employment. 11
`(2) The notification must-- 12
(a) be in the approved form; and 13
(b) if the employer did not give the certification mentioned 14
in subsection (3)(b)--be accompanied by a certification, 15
in the approved form, by the employer that the employer 16
did not sight the documents only because-- 17
(i) the employee's usual place of residence is more 18
than 50km from the employer's business address; 19
or 20
(ii) the employee is a person with a disability that 21
affects mobility. 22
`(3) The approved form mentioned in subsection (2)(a) must 23
include provision for-- 24
(a) identifying information about the employee; and 25
(b) certification by the employer or a prescribed person that 26
the employer or prescribed person has sighted the 27
documents, relating to proof of the employee's identity, 28
prescribed under a regulation. 29
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`Division 2 Eligibility declaration 1
`177 Purpose of div 2 2
`The purpose of this division is to allow a person who may be 3
a disqualified person to apply to the commissioner for a 4
declaration (eligibility declaration) that the person is not a 5
disqualified person and is eligible-- 6
(a) to sign an application about the person made by 7
someone else under division 7; or 8
(b) to make an application under division 8. 9
`178 Application for an eligibility declaration 10
`(1) A person may make an application (eligibility application) to 11
the commissioner for an eligibility declaration. 12
`(2) The person can not make an eligibility application less than 2 13
years after making a previous eligibility application that has 14
been refused, unless-- 15
(a) the decision to refuse the previous eligibility application 16
was based on wrong or incomplete information; or 17
(b) the previous eligibility application was refused because 18
the person was a relevant disqualified person and the 19
person is no longer a relevant disqualified person. 20
`(3) The eligibility application must be-- 21
(a) in the approved form; and 22
(b) signed by the person; and 23
(c) accompanied by the prescribed fee. 24
`(4) The approved form must include provision for-- 25
(a) identifying information about the person; and 26
(b) certification by a prescribed person that the prescribed 27
person has sighted the documents, relating to proof of 28
the person's identity, prescribed under a regulation. 29
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`179 Notice of change of name and contact details in 1
eligibility application 2
`(1) This section applies if, after a person makes an eligibility 3
application, the person's name or contact details, as stated in 4
the application, change before the commissioner decides the 5
application. 6
`(2) Within 14 days after the change happens, the person must give 7
notice of it, in the approved form, to the commissioner. 8
Maximum penalty--10 penalty units. 9
`180 Commissioner's decision on eligibility application 10
`(1) The commissioner may issue an eligibility declaration to a 11
person only if the person-- 12
(a) has been convicted of a disqualifying offence; and 13
(b) is not a relevant disqualified person. 14
`(2) The commissioner must decide the eligibility application as if 15
it were a decision about a prescribed notice application and, 16
for that purpose, sections 222 to 229 applies to the decision. 17
`(3) For subsection (2), sections 222 to 229 apply as if-- 18
(a) a reference in the sections to a prescribed notice 19
application were a reference to an eligibility application; 20
and 21
(b) a reference in the sections to issuing a positive notice 22
were a reference to issuing an eligibility declaration; 23
and 24
(c) a reference in the sections to issuing a negative notice 25
were a reference to refusing to issue an eligibility 26
declaration. 27
`(4) If the eligibility application is granted, the commissioner must 28
issue the eligibility declaration to the person. 29
`(5) If the eligibility application is refused, the commissioner must 30
give the person a written notice stating-- 31
(a) the reasons for the refusal; and 32
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(b) if the reasons include investigative information-- 1
(i) that, within 28 days after the person is given the 2
notice, the person may appeal to a Magistrates 3
Court about the police commissioner's decision 4
that the information is investigative information; 5
and 6
(ii) how the person may appeal to the Magistrates 7
Court. 8
`(6) If the commissioner considers the person has not been 9
convicted of a disqualifying offence, the commissioner must 10
give written notice to the person stating the following-- 11
(a) the commissioner may only issue an eligibility 12
declaration if the person has been convicted of a 13
disqualifying offence; 14
(b) the commissioner does not consider the person has been 15
convicted of a disqualifying offence and, for that reason, 16
the commissioner can not issue an eligibility declaration 17
to the person; 18
(c) that, if the person is not a disqualified person for another 19
reason, a prescribed notice application may be made 20
about the person; 21
(d) that the eligibility application will not be further dealt 22
with by the commissioner. 23
`(7) There is no review or appeal under this Act in relation to a 24
decision of the commissioner under this section to refuse an 25
eligibility application. 26
`181 Eligibility declaration taken to have been issued 27
`The commissioner is taken to have issued an eligibility 28
declaration to a disqualified person if the commissioner-- 29
(a) issues a positive notice to the person; or 30
(b) cancels a negative notice or negative exemption notice 31
issued to the person. 32
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`182 Withdrawing eligibility application generally 1
`A person may withdraw the person's eligibility application at 2
any time before the commissioner issues an eligibility 3
declaration or a notice relating to the application under section 4
180 to the person. 5
`183 Deemed withdrawal of eligibility application if 6
identity can not be established 7
`A person is taken to have withdrawn the person's eligibility 8
application if-- 9
(a) the commissioner gives the person a written notice-- 10
(i) asking the person to provide, within a reasonable 11
stated time, stated information that the 12
commissioner reasonably needs to establish the 13
person's identity; and 14
(ii) warning the person that, if the person does not 15
comply with the request, the person's eligibility 16
application may be taken to have been withdrawn; 17
and 18
(b) the person does not comply with the request within the 19
stated time; and 20
(c) the commissioner can not establish with certainty the 21
person's identity; and 22
(d) the commissioner gives the person a written notice 23
stating that the person is taken to have withdrawn the 24
eligibility application. 25
`184 Deemed withdrawal of eligibility application if 26
particular requests not complied with 27
`A person is taken to have withdrawn the person's eligibility 28
application if-- 29
(a) the commissioner gives the person-- 30
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(i) a written notice asking the person to provide, 1
within a reasonable stated time, stated information, 2
including by way of a submission, about a stated 3
matter that the commissioner reasonably believes 4
is relevant to the application; or 5
(ii) a written notice under section 330; or 6
(iii) a written notice asking the person to give the 7
necessary consent for section 332 or 333; or 8
(iv) a written notice asking the person to give the 9
necessary consent for section 337 or 338; and 10
(b) the notice includes a warning that, if the person does not 11
comply with the notice, the person's eligibility 12
application may be taken to have been withdrawn; and 13
(c) the person does not comply with the notice; and 14
(d) the commissioner gives the person a written notice 15
stating that the person is taken to have withdrawn the 16
eligibility application. 17
`185 Expiry of eligibility declaration 18
`An eligibility declaration issued to a person expires if, after it 19
is issued-- 20
(a) the person-- 21
(i) is charged with a disqualifying offence; or 22
(ii) is convicted of a serious offence; or 23
(iii) becomes a relevant disqualified person; or 24
(iv) is issued with a negative notice or negative 25
exemption notice; or 26
(b) any positive notice or positive exemption notice held by 27
the person is cancelled. 28
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`186 Reversal of decision refusing an eligibility declaration 1
`(1) The commissioner may revoke a decision to refuse an 2
eligibility application and issue an eligibility declaration if the 3
commissioner is satisfied-- 4
(a) the decision on the application was based on wrong or 5
incomplete information; and 6
(b) based on the correct or complete information, the 7
commissioner decides under section 180 that the 8
commissioner may issue the eligibility declaration. 9
`(2) The commissioner may exercise the power under subsection 10
(1) on the commissioner's own initiative or on application by 11
the person whose eligibility application was refused. 12
`Division 3 Prescribed notice required for 13
employment of volunteers in 14
regulated employment 15
`187 Application of div 3 16
`This division applies to employment of a volunteer. 17
`188 Starting employment of volunteers 18
`(1) A person (the employer) must not employ another person (the 19
employee) in regulated employment unless-- 20
(a) the employee has a current positive notice and the 21
employer has notified the commissioner that the 22
employer is proposing to employ the employee in 23
regulated employment; or 24
Note-- 25
See section 176 for how the notification must be given. 26
(b) the employee is a transitioning person and the employer 27
has applied for a prescribed notice about the employee. 28
Maximum penalty--50 penalty units. 29
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Note-- 1
For the application of this section to persons taken to be volunteers 2
engaged in regulated employment mentioned in schedule 1, section 3
14(2), see the Child Protection Act 1999, section 148D. 4
`(2) In this section-- 5
transitioning person means a person who was, but is no 6
longer, a police officer or registered teacher if-- 7
(a) the person was, immediately before a prescribed notice 8
application about the person was made as mentioned in 9
subsection (1)(b), employed in regulated employment 10
on the basis the person was a police officer or registered 11
teacher-- 12
(i) who held a positive exemption notice; or 13
(ii) about whom an exemption notice application was 14
made; and 15
(b) if paragraph (a)(i) applies--the person's positive 16
exemption notice-- 17
(i) ceased to have effect-- 18
(A) for a person who was a police officer--under 19
section 289(2); or 20
(B) for a person who was a registered 21
teacher--under section 289(3) because the 22
person's registration under the Education 23
(Queensland College of Teachers) Act 2005 24
ended under section 26(3), 47(2)(b)(i), 59 or 25
66(6) of that Act; or 26
(ii) was cancelled under section 302 but was not 27
suspended under section 298 when it was 28
cancelled; and 29
(c) if paragraph (a)(ii) applies--the person's exemption 30
notice application was withdrawn-- 31
(i) under section 263; or 32
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(ii) under section 270 because the person's consent to 1
employment screening was withdrawn under 2
section 265. 3
`189 Currency of prescribed notice for person continuing 4
employment 5
`(1) This section applies if-- 6
(a) a person has a positive notice (the previous notice) and 7
is employed in regulated employment; and 8
(b) the person's employer applied for a further prescribed 9
notice about the person at least 30 days before the 10
previous notice expires; and 11
(c) the application has not been decided. 12
`(2) Despite section 231(2), the previous notice remains current 13
from the day it would otherwise end under that subsection 14
until the application is decided or withdrawn unless the 15
previous notice is earlier cancelled under division 11. 16
Note-- 17
See, however, section 240 or 242 for the effect of a suspension of a 18
prescribed notice. 19
`Division 4 Prescribed notice required for 20
employment of other persons in 21
regulated employment 22
`190 Application of div 4 23
`This division does not apply to employment of a volunteer. 24
`191 Continuing employment of certain regular employees 25
`(1) This section applies if-- 26
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(a) a person (the employee) is employed in regulated 1
employment under an agreement with another person 2
(the employer); and 3
(b) after considering any agreement relating to the 4
employment and the hours or times that the employee 5
previously carried out work for the employer, the 6
employer reasonably expects that the employee is likely 7
to carry out work as part of the employment for the 8
minimum frequency for regulated employment; and 9
(c) the employee does not have a current positive notice. 10
`(2) The employer must not continue to employ the employee in 11
regulated employment unless the employer has applied for a 12
prescribed notice, or further prescribed notice, about the 13
employee. 14
Maximum penalty--50 penalty units. 15
`192 Starting employment of certain regular employees 16
`(1) This section applies if-- 17
(a) a person (the employee) is not employed in regulated 18
employment but has previously been employed in 19
regulated employment under 1 or more agreements with 20
another person (the employer); and 21
(b) it is less than 1 year since the employee last carried out 22
the regulated employment for the employer; and 23
(c) after considering any agreement relating to the proposed 24
employment between the employer and employee and 25
the employee's employment during the period when the 26
employee was last employed by the employer, the 27
employer reasonably expects that the employee is likely 28
to carry out work as part of the proposed employment 29
for the minimum frequency for regulated employment. 30
`(2) The employer must not employ the employee in regulated 31
employment unless-- 32
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(a) the employee has a current positive notice and the 1
employer has notified the commissioner that the 2
employer is proposing to employ the employee in 3
regulated employment; or 4
Note-- 5
See section 176 for how the notification must be given. 6
(b) the employer has applied for a prescribed notice about 7
the employee. 8
Maximum penalty--50 penalty units. 9
`193 Starting employment of new employees 10
`(1) This section applies if-- 11
(a) a person (the employee) is not employed in regulated 12
employment; and 13
(b) another person (the employer) proposes to employ the 14
employee in regulated employment; and 15
(c) after considering any agreement relating to the proposed 16
employment between the employer and employee, the 17
employer reasonably expects that the employee is likely 18
to carry out work as part of the proposed employment 19
for the minimum frequency for regulated employment; 20
and 21
(d) section 192 does not apply to the proposed employment. 22
`(2) The employer must not employ the employee in regulated 23
employment unless-- 24
(a) the employee has a current positive notice and the 25
employer has notified the commissioner that the 26
employer is proposing to employ the employee in 27
regulated employment; or 28
Note-- 29
See section 176 for how the notification must be given. 30
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(b) the employer has applied for a prescribed notice about 1
the employee. 2
Maximum penalty--50 penalty units. 3
`194 Prohibited employment 4
`(1) This section applies if a person (the employee) does not have a 5
current positive notice. 6
`(2) A person (the employer) must not employ, or continue to 7
employ, the employee in regulated employment if-- 8
(a) the employer has applied for a prescribed notice about 9
the employee and the commissioner gives the 10
employer-- 11
(i) a notice of deemed withdrawal relating to the 12
employee other than under section 208; or 13
(ii) a notice of deemed withdrawal relating to the 14
employee under section 208; or 15
Editor's note-- 16
Section 208 (Deemed withdrawal of consent to employment 17
screening if charged with disqualifying offence etc.) 18
(b) the employer is aware that a negative notice or negative 19
exemption notice has been issued to the employee and 20
the notice is current; or 21
(c) the employer has been given a notice in relation to the 22
employee-- 23
(i) under section 175(3) or 244(4); or 24
(ii) under section 339(3) because of a change in police 25
information mentioned in section 339(3)(g). 26
Editor's note-- 27
· section 175 (Commissioner to give notice if person signing 28
or making prescribed notice application is disqualified 29
person) 30
· section 244 (Cancelling positive notice on holder's request) 31
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· section 339 (Commissioner to give notice to particular 1
entities about a change in police information) 2
Maximum penalty-- 3
(a) for subsection (2)(a)(i)--40 penalty units; or 4
(b) otherwise--200 penalty units or 2 years imprisonment. 5
`Division 5 Obligations if holder of negative 6
notice or negative exemption 7
notice, or prescribed notice 8
application is withdrawn 9
`195 Person holding negative notice or negative 10
exemption notice not to apply for, or start or continue 11
in, regulated employment etc. 12
`(1) A person who holds a current negative notice or current 13
negative exemption notice must not-- 14
(a) sign an application about the person made by someone 15
else under division 7; or 16
(b) make an application under division 8; or 17
(c) apply for, or start or continue in, regulated employment. 18
Maximum penalty--500 penalty units or 5 years 19
imprisonment. 20
Note-- 21
See section 197 in relation to carrying on a regulated business. 22
`(2) However, if the person held a positive notice but a negative 23
notice or negative exemption notice was substituted for it 24
under section 237, 239, 241 or 243, a court may not find the 25
person contravened subsection (1) unless the court is satisfied 26
that written notice of the substitution was given to the person. 27
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`(3) Also, if the person held a positive exemption notice but a 1
negative exemption notice was substituted for it under section 2
295, 297 or 299, a court may not find the person contravened 3
subsection (1) unless the court is satisfied that written notice 4
of the substitution was given to the person. 5
`196 Person who has withdrawn consent to employment 6
screening not to start or continue in regulated 7
employment 8
`(1) This section applies if-- 9
(a) an application about a person was made under division 10
7; and 11
(b) before a prescribed notice was issued, the application 12
was withdrawn under section 209 because the person's 13
consent to employment screening under this chapter was 14
withdrawn under section 204 or 208. 15
`(2) The person must not start or continue in regulated 16
employment unless a positive notice is issued to the person. 17
Maximum penalty-- 18
(a) if the person's consent to employment screening under 19
this chapter was withdrawn under section 204--100 20
penalty units or 1 year's imprisonment; or 21
(b) otherwise--500 penalty units or 5 years imprisonment. 22
`Division 6 Prescribed notice required for 23
regulated business 24
`197 Carrying on regulated business 25
`(1) A person must not carry on a regulated business unless-- 26
(a) the person has a current positive notice; or 27
(b) the person-- 28
(i) is a transitioning person; and 29
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(ii) has applied for a prescribed notice. 1
Maximum penalty--500 penalty units or 5 years 2
imprisonment. 3
Note-- 4
Under section 166, particular executive officers of a corporation that 5
carries on a regulated business are taken to carry on the regulated 6
business. 7
`(2) In this section-- 8
transitioning person means a person who was, but is no 9
longer, a police officer or registered teacher if-- 10
(a) the person was, immediately before the person applied 11
for a prescribed notice as mentioned in subsection 12
(1)(b)(ii), carrying on a regulated business on the basis 13
the person was a police officer or registered teacher 14
who-- 15
(i) held a positive exemption notice; or 16
(ii) had made an exemption notice application; and 17
(b) if paragraph (a)(i) applies--the person's positive 18
exemption notice-- 19
(i) ceased to have effect-- 20
(A) for a person who was a police officer--under 21
section 289(2); or 22
(B) for a person who was a registered 23
teacher--under section 289(3) because the 24
person's registration under the Education 25
(Queensland College of Teachers) Act 2005 26
ended under section 26(3), 47(2)(b)(i), 59 or 27
66(6) of that Act; or 28
(ii) was cancelled under section 302 and was not 29
suspended under section 298 when it was 30
cancelled; or 31
(c) if paragraph (a)(ii) applies--the person's exemption 32
notice application was withdrawn under section 276. 33
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`198 Currency of prescribed notice for person carrying on 1
regulated business 2
`(1) This section applies if-- 3
(a) a person who carries on a regulated business has a 4
positive notice (a previous notice); and 5
(b) the person applies for a further prescribed notice about 6
the person at least 30 days before the previous notice 7
expires. 8
`(2) Despite section 231(2), the previous notice remains current 9
from the day it would otherwise end under that subsection 10
until the application is decided or withdrawn unless the 11
previous notice is earlier cancelled under division 11. 12
Note-- 13
See, however, section 240 or 242 for the effect of a suspension of a 14
prescribed notice. 15
`Division 7 Applying for prescribed notice for 16
regulated employment 17
`199 Who makes application 18
`(1) A person who proposes to start employing, or continue 19
employing, another person in regulated employment may 20
apply to the commissioner for a prescribed notice about the 21
other person. 22
`(2) If, as part of a course undertaken by a trainee student of an 23
education provider, the education provider proposes for the 24
trainee student to perform work that is regulated employment, 25
the education provider may apply to the commissioner for a 26
prescribed notice about the trainee student. 27
Note-- 28
Under section 162, if the education provider makes a prescribed notice 29
application about the trainee student, the person who proposes to start 30
employing the trainee student is not required to make a prescribed 31
notice application about the trainee student. 32
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`(3) If a person who makes an application under this division asks 1
the person about whom the application is made to sign the 2
application, the person making the application must warn the 3
person asked to sign it that it is an offence for a disqualified 4
person to sign the application. 5
Maximum penalty for subsection (3)--10 penalty units. 6
`200 Form of application 7
`(1) An application under this division must be-- 8
(a) in the approved form; and 9
(b) signed by, or on behalf of, the person making the 10
application (the applicant); and 11
(c) signed by the person about whom the application is 12
made (the employee); and 13
(d) if the applicant did not sight the documents as 14
mentioned in subsection (2)(b)--accompanied by a 15
certification, in the approved form, by the applicant that 16
the applicant did not sight the documents only 17
because-- 18
(i) the employee's usual place of residence is more 19
than 50km from the applicant's business address; 20
or 21
(ii) the employee is a person with a disability that 22
affects mobility; and 23
(e) accompanied by the prescribed fee. 24
`(2) The approved form mentioned in subsection (1)(a) must 25
include provision for-- 26
(a) identifying information about the employee; and 27
(b) certification by the applicant or a prescribed person that 28
the applicant or prescribed person has sighted the 29
documents, relating to proof of the employee's identity, 30
prescribed under a regulation; and 31
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(c) a declaration by the applicant that the applicant has 1
given the employee a warning as required under section 2
199(3); and 3
(d) a declaration by the employee that he or she is not a 4
disqualified person; and 5
(e) the employee's consent to employment screening under 6
this chapter. 7
`(3) The approved form mentioned in subsection (1)(a) must 8
include-- 9
(a) a warning that it is an offence for a disqualified person 10
to sign the application; and 11
(b) a statement about applying for an eligibility declaration. 12
`201 Commissioner may obtain further information 13
`On receiving an application under this division, the 14
commissioner may, orally or in writing-- 15
(a) ask the person making the application, or the person 16
about whom the application is made (the employee), to 17
provide, within a reasonable stated time-- 18
(i) stated information that the commissioner 19
reasonably needs to establish the employee's 20
identity; or 21
(ii) stated information, including by way of a 22
submission, about a stated matter that the 23
commissioner reasonably believes is relevant to the 24
application; or 25
(b) ask the person making the application about why the 26
person did not sight the documents as mentioned in 27
section 200(2)(b). 28
`202 Payment of fee for application 29
`(1) For an application under this division-- 30
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(a) the person about whom the application is made is liable 1
to pay the prescribed fee mentioned in section 2
200(1)(e); and 3
(b) if the person's employer pays the prescribed fee, the 4
amount of the fee is a debt payable by the person to the 5
employer. 6
`(2) Subsection (1) applies subject to-- 7
(a) a written agreement entered into between the person and 8
the employer; or 9
(b) an industrial instrument under the Industrial Relations 10
Act 1999; or 11
(c) another document that regulates wages and conditions 12
of employment and is enforceable under any of the 13
following-- 14
(i) the Fair Work Act 2009 (Cwlth); 15
(ii) the Fair Work (Transitional Provisions and 16
Consequential Amendments) Act 2009 (Cwlth); 17
(iii) the repealed Workplace Relations Act 1996 18
(Cwlth). 19
`203 Withdrawal of application generally 20
`(1) A person who makes an application under this division may 21
withdraw the application at any time before it is decided. 22
`(2) A person who makes an application under this division is 23
taken to have withdrawn the application if-- 24
(a) the commissioner gives the person a written notice-- 25
(i) asking the person to provide information about 26
why the person did not sight the documents as 27
mentioned in section 200(2)(b); and 28
(ii) warning the person that, if the person does not 29
comply with the request, the person's application 30
may be taken to have been withdrawn; and 31
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(b) the person does not comply with the request within the 1
stated time; and 2
(c) the commissioner gives the person a notice of deemed 3
withdrawal. 4
`204 Withdrawal of consent to employment screening 5
generally 6
`(1) The person about whom an application is made under this 7
division may, orally or by written notice to the commissioner, 8
withdraw the person's consent to employment screening 9
under this chapter. 10
`(2) If a person withdraws his or her consent to employment 11
screening under this chapter under subsection (1), the 12
commissioner must give written notice of the withdrawal to 13
the person who made the application. 14
`205 Deemed withdrawal of consent to employment 15
screening if identity can not be established 16
`The person about whom an application is made under this 17
division is taken to have withdrawn his or her consent to 18
employment screening under this chapter if-- 19
(a) the commissioner gives the person a written notice-- 20
(i) asking the person to provide, within a reasonable 21
stated time, stated information that the 22
commissioner reasonably needs to establish the 23
person's identity; and 24
(ii) warning the person that, if the person does not 25
comply with the request, the person's consent to 26
employment screening under this chapter may be 27
taken to have been withdrawn; and 28
(b) the person does not comply with the request within the 29
stated time; and 30
(c) the commissioner can not establish with certainty the 31
person's identity; and 32
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(d) the commissioner gives the person, and the person who 1
made the application, a notice of deemed withdrawal. 2
`206 Deemed withdrawal of consent to employment 3
screening if particular requests not complied with 4
`The person about whom an application is made under this 5
division is taken to have withdrawn his or her consent to 6
employment screening under this chapter if-- 7
(a) the commissioner gives the person-- 8
(i) a written notice asking the person to provide, 9
within a reasonable stated time, stated information, 10
including by way of a submission, about a stated 11
matter that the commissioner reasonably believes 12
is relevant to the application; or 13
(ii) a written notice under section 330; or 14
(iii) a written notice asking the person to give the 15
necessary consent for section 332 or 333; or 16
(iv) a written notice asking the person to give the 17
necessary consent for section 337 or 338; and 18
(b) the notice includes a warning that, if the person does not 19
comply with the notice, the person's consent to 20
employment screening under this chapter may be taken 21
to have been withdrawn; and 22
(c) the person does not comply with the notice; and 23
(d) the commissioner gives the person, and the person who 24
made the application, a notice of deemed withdrawal. 25
`207 Deemed withdrawal of consent to employment 26
screening if employment changes 27
`(1) The person about whom an application is made under this 28
division is taken to have withdrawn his or her consent to 29
employment screening under this chapter if-- 30
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(a) the relevant person for the person has given the 1
commissioner written notice that the person is no longer 2
employed by the employer stated in the application, or 3
the commissioner can not obtain information, in writing, 4
from the relevant person that the person is employed by 5
the employer; and 6
(b) the person has not given written notice to the 7
commissioner about the end of the employment as 8
required under section 230; and 9
Note-- 10
If the person gives a written notice about the end of the 11
employment under section 230, the written notice should 12
provide for the withdrawal of the person's consent to 13
employment screening under this chapter. See section 230(3). 14
(c) the commissioner gives the person, and the person who 15
made the application, a notice of deemed withdrawal. 16
`(2) For subsection (1), the relevant person for a person about 17
whom an application is made under this division may give 18
written notice to the commissioner that the person-- 19
(a) is employed, or continues to be employed, by the 20
employer stated in the application; or 21
(b) is no longer employed by the employer stated in the 22
application. 23
`(3) In this section-- 24
relevant person, for a person, means-- 25
(a) the person's employer; or 26
(b) if the person is a trainee student and the prescribed 27
notice application is made by an education 28
provider--the person's employer or the education 29
provider. 30
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`208 Deemed withdrawal of consent to employment 1
screening if charged with disqualifying offence etc. 2
`The person about whom an application is made under this 3
division is taken to have withdrawn his or her consent to 4
employment screening under this chapter if-- 5
(a) the person gives the commissioner, or the commissioner 6
gives the person, written notice that the person-- 7
(i) is charged with a disqualifying offence; or 8
(ii) is named as the respondent in an application for an 9
offender prohibition order and the proceeding for 10
the offender prohibition order has not ended; or 11
(iii) is subject to a temporary offender prohibition order 12
or interim sexual offender order made after the day 13
the application was made; and 14
(b) the commissioner gives the person, and the person who 15
made the application, a notice of deemed withdrawal. 16
`209 Effect of withdrawal of consent to employment 17
screening 18
`(1) This section applies if the person about whom an application 19
is made under this division withdraws his or her consent to 20
employment screening under this chapter before the 21
commissioner issues a prescribed notice to the person. 22
`(2) The application is taken to have been withdrawn and the 23
commissioner must not issue the prescribed notice. 24
`210 Notice about withdrawal of application or negative 25
notice or negative exemption notice 26
`(1) This section applies if-- 27
(a) an application is made about a person under this 28
division; and 29
(b) the application is withdrawn or the person already has a 30
current negative notice or current negative exemption 31
notice. 32
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`(2) The commissioner must give written notice about the 1
withdrawal or the negative notice or negative exemption 2
notice to each notifiable person for the person. 3
`(3) If the notice under subsection (2) is about the person having a 4
current negative notice or current negative exemption notice, 5
it must state-- 6
(a) the date of issue of the negative notice or negative 7
exemption notice; and 8
(b) for a notice given to the chief executive (child safety) 9
about a negative notice or negative exemption issued on 10
the basis the person is or was a relevant disqualified 11
person--the provision of this chapter under which the 12
negative notice or negative exemption notice was issued. 13
`Division 8 Applying for prescribed notice for 14
regulated businesses 15
`211 Who makes application 16
`A person who proposes to carry on, or continue carrying on, a 17
regulated business may apply to the commissioner for a 18
prescribed notice about the person. 19
`212 Form of application 20
`(1) An application under this division must be-- 21
(a) in the approved form; and 22
(b) signed by the applicant; and 23
(c) accompanied by the prescribed fee. 24
`(2) The approved form must include provision for-- 25
(a) identifying information about the applicant; and 26
(b) certification by a prescribed person that the prescribed 27
person has sighted the documents, relating to proof of 28
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the applicant's identity, prescribed under a regulation; 1
and 2
(c) a declaration by the applicant that he or she is not a 3
disqualified person. 4
`(3) The approved form must include-- 5
(a) a warning that it is an offence for a disqualified person 6
to make the application; and 7
(b) a statement about applying for an eligibility declaration. 8
`213 Commissioner may obtain further information 9
`On receiving an application under this division, the 10
commissioner may ask the applicant, orally or in writing, to 11
provide, within a reasonable stated time-- 12
(a) stated information that the commissioner reasonably 13
needs to establish the applicant's identity; or 14
(b) stated information, including by way of a submission, 15
about a stated matter that the commissioner reasonably 16
believes is relevant to the application. 17
`214 Withdrawal of application generally 18
`A person may withdraw the person's application under this 19
division at any time before it is decided. 20
`215 Deemed withdrawal of application if identity can not 21
be established 22
`A person who makes an application under this division is 23
taken to have withdrawn the application if-- 24
(a) the commissioner gives the person a written notice-- 25
(i) asking the person to provide, within a reasonable 26
stated time, stated information that the 27
commissioner reasonably needs to establish the 28
person's identity; and 29
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(ii) warning the person that, if the person does not 1
comply with the request, the person's application 2
may be taken to have been withdrawn; and 3
(b) the person does not comply with the request within the 4
stated time; and 5
(c) the commissioner can not establish with certainty the 6
person's identity; and 7
(d) the commissioner gives the person a notice of deemed 8
withdrawal. 9
`216 Deemed withdrawal of application if particular 10
requests not complied with 11
`A person who makes an application under this division is 12
taken to have withdrawn the application if-- 13
(a) the commissioner gives the person-- 14
(i) a written notice asking the person to provide, 15
within a reasonable stated time, stated information, 16
including by way of a submission, about a stated 17
matter that the commissioner reasonably believes 18
is relevant to the application; or 19
(ii) a written notice under section 330; or 20
(iii) a written notice asking the person to give the 21
necessary consent for section 332 or 333; or 22
(iv) a written notice asking the person to give the 23
necessary consent for section 337 or 338; and 24
(b) the notice includes a warning that, if the person does not 25
comply with the notice, the person's application may be 26
taken to have been withdrawn; and 27
(c) the person does not comply with the notice; and 28
(d) the commissioner gives the person a notice of deemed 29
withdrawal. 30
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`217 Deemed withdrawal of application if person charged 1
with disqualifying offence etc. 2
`A person who makes an application under this division is 3
taken to have withdrawn the application if-- 4
(a) the person gives the commissioner, or the commissioner 5
gives the person, written notice that the person-- 6
(i) is charged with a disqualifying offence; or 7
(ii) is named as the respondent in an application for an 8
offender prohibition order and the proceeding for 9
the offender prohibition order has not ended; or 10
(iii) is subject to a temporary offender prohibition order 11
or interim sexual offender order made after the 12
date of the application for the prescribed notice; 13
and 14
(b) the commissioner gives the person a notice of deemed 15
withdrawal. 16
`218 Notice about withdrawal of application or negative 17
notice or negative exemption notice 18
`(1) This section applies if-- 19
(a) a person makes an application under this division; and 20
(b) the application is withdrawn or the person already has a 21
current negative notice or current negative exemption 22
notice. 23
`(2) The commissioner must-- 24
(a) if the application is withdrawn--give written notice of 25
the withdrawal to each notifiable person for the person; 26
or 27
(b) if the person already has a current negative notice or 28
current negative exemption notice--give written notice 29
of the negative notice or negative exemption notice to 30
the person and each notifiable person for the person. 31
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`(3) If the notice under subsection (2) is about the person having a 1
current negative notice or current negative exemption notice, 2
it must state-- 3
(a) the date of issue of the negative notice or negative 4
exemption notice; and 5
(b) for a notice given to the chief executive (child safety) 6
about a negative notice or negative exemption issued on 7
the basis the person is or was a relevant disqualified 8
person--the provision of this chapter under which the 9
negative notice or negative exemption notice was issued. 10
`Division 9 Deciding prescribed notice 11
application 12
`219 Application of div 9 13
`This division applies if a prescribed notice application is 14
made about a person and the application is not withdrawn. 15
`220 Positive notice or negative notice to be issued 16
`The commissioner must decide the prescribed notice 17
application by issuing either of the following to the person-- 18
(a) a notice declaring the application is approved (a positive 19
notice); 20
(b) a notice declaring the application is refused (a negative 21
notice). 22
`221 Issuing prescribed notice to person with no 23
conviction etc. or conviction for offence other than 24
serious offence 25
`(1) Subject to subsection (2), the commissioner must issue a 26
positive notice to the person if-- 27
(a) the commissioner is not aware of any police information 28
or disciplinary information about the person; or 29
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(b) the commissioner is not aware of a conviction of the 1
person for any offence but is aware that there is 1 or 2
more of the following about the person-- 3
(i) investigative information; 4
(ii) disciplinary information; 5
(iii) a charge for an offence other than a disqualifying 6
offence; 7
(iv) a charge for a disqualifying offence that has been 8
dealt with other than by a conviction; or 9
Note for subparagraph (iv)-- 10
For charges for disqualifying offences that have not been 11
dealt with, see sections 208, 217 and 240 (in relation to 12
prescribed notices), and sections 269, 279 and 298 (in 13
relation to exemption notices). 14
(c) the commissioner is aware of a conviction of the person 15
for an offence other than a serious offence. 16
`(2) If subsection (1)(b) or (c) applies to the person and the 17
commissioner is satisfied it is an exceptional case in which it 18
would not be in the best interests of children for the 19
commissioner to issue a positive notice, the commissioner 20
must issue a negative notice to the person. 21
`222 Issuing prescribed notice to previous holder of a 22
positive exemption notice 23
`(1) Subject to subsection (2), the commissioner must issue a 24
positive notice to the person if-- 25
(a) the person was the holder of a positive exemption notice 26
that was cancelled because the person resigned or retired 27
from being a police officer, and there has not been a 28
change in police information about the person since the 29
resignation or retirement; or 30
(b) the person was the holder of a positive exemption notice 31
that was cancelled because the person surrendered the 32
person's registration under the Education (Queensland 33
College of Teachers) Act 2005, and there has not been a 34
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change in police information about the person since the 1
surrender. 2
`(2) If subsection (1)(a) or (b) applies to the person and the 3
commissioner is satisfied it is an exceptional case in which it 4
would not be in the best interests of children for the 5
commissioner to issue a positive notice, the commissioner 6
must issue a negative notice to the person. 7
`223 Issuing prescribed notice to person whose negative 8
notice or negative exemption notice is cancelled or 9
who holds eligibility declaration 10
`(1) This section applies if-- 11
(a) the commissioner has-- 12
(i) under section 236, cancelled a negative notice 13
issued to the person; or 14
(ii) under section 294, cancelled a negative exemption 15
notice issued to the person; or 16
(b) the commissioner has issued an eligibility declaration to 17
the person, and the eligibility declaration has not 18
expired. 19
`(2) If the commissioner is not aware of any police information or 20
disciplinary information about the person, other than 21
information known to the commissioner at the time of taking 22
the action mentioned in subsection (1)(a) or (b), the 23
commissioner must issue a positive notice to the person. 24
`(3) Subject to subsection (4), if the commissioner is aware of 25
police information or disciplinary information about the 26
person, other than information known to the commissioner at 27
the time of taking the action mentioned in subsection (1)(a) or 28
(b), the commissioner must issue a negative notice to the 29
person. 30
`(4) If subsection (3) applies to the person and the commissioner is 31
satisfied it is an exceptional case in which it would not harm 32
the best interests of children for the commissioner to issue a 33
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positive notice, the commissioner must issue a positive notice 1
to the person. 2
`224 Issuing negative notice to relevant disqualified 3
person except because of temporary or interim order 4
`(1) The commissioner must issue a negative notice to the person 5
if the commissioner is aware the person is a relevant 6
disqualified person. 7
`(2) Subsection (1) does not apply if the person is a relevant 8
disqualified person only because the person is subject to either 9
or both of the following-- 10
(a) a temporary offender prohibition order; 11
(b) an interim sexual offender order. 12
`225 Issuing prescribed notice to other persons 13
`(1) Subject to section 223 and subsection (2), the commissioner 14
must issue a negative notice to the person if the commissioner 15
is aware the person-- 16
(a) is a relevant disqualified person because the person is 17
subject to a temporary offender prohibition order or 18
interim sexual offender order; or 19
(b) has been a relevant disqualified person at any time but is 20
no longer a relevant disqualified person (other than a 21
person who was a relevant disqualified person by reason 22
of a conviction, sentence or order that was set aside on 23
appeal); or 24
(c) has been convicted of a serious offence. 25
`(2) If subsection (1)(a), (b) or (c) applies to the person and the 26
commissioner is satisfied it is an exceptional case in which it 27
would not harm the best interests of children for the 28
commissioner to issue a positive notice, the commissioner 29
must issue a positive notice to the person. 30
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`226 Deciding exceptional case if conviction or charge 1
`(1) This section applies if the commissioner-- 2
(a) is deciding whether or not there is an exceptional case 3
for the person; and 4
(b) is aware that the person has been convicted of, or 5
charged with, an offence. 6
`(2) The commissioner must have regard to the following-- 7
(a) in relation to the commission, or alleged commission, of 8
an offence by the person-- 9
(i) whether it is a conviction or a charge; and 10
(ii) whether the offence is a serious offence and, if it is, 11
whether it is a disqualifying offence; and 12
(iii) when the offence was committed or is alleged to 13
have been committed; and 14
(iv) the nature of the offence and its relevance to 15
employment, or carrying on a business, that 16
involves or may involve children; and 17
(v) in the case of a conviction--the penalty imposed 18
by the court and, if the court decided not to impose 19
an imprisonment order for the offence or not to 20
make a disqualification order under section 357, 21
the court's reasons for its decision; 22
(b) any information about the person given to the 23
commissioner under section 318 or 319; 24
(c) any report about the person's mental health given to the 25
commissioner under section 335; 26
(d) any information about the person given to the 27
commissioner under section 337 or 338; 28
(e) anything else relating to the commission, or alleged 29
commission, of the offence that the commissioner 30
reasonably considers to be relevant to the assessment of 31
the person. 32
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`227 Deciding exceptional case if investigative information 1
exists 2
`(1) This section applies if the commissioner-- 3
(a) is deciding whether or not there is an exceptional case 4
for the person; and 5
(b) is aware of investigative information about the person. 6
`(2) The commissioner must have regard to the following-- 7
(a) when the acts or omissions constituting the alleged 8
offence to which the investigative information relates 9
were committed; 10
(b) anything else relating to the commission of the acts or 11
omissions that the commissioner reasonably considers 12
relevant to the assessment of the person. 13
`228 Deciding exceptional case if disciplinary information 14
exists 15
`(1) This section applies if the commissioner-- 16
(a) is deciding whether or not there is an exceptional case 17
for the person; and 18
(b) is aware of disciplinary information about the person. 19
`(2) The commissioner must have regard to the following-- 20
(a) the decision or order of the decision-maker relating to 21
the disciplinary information and the reasons for the 22
decision or order; 23
(b) any decision or order of an entity hearing and deciding a 24
review of, or appeal against, a decision or order 25
mentioned in paragraph (a), and the reasons for the 26
decision or order; 27
(c) the relevance of the disciplinary information to 28
employment, or carrying on a business, that involves or 29
may involve children; 30
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(d) anything else relating to the disciplinary information 1
that the commissioner reasonably considers to be 2
relevant to the assessment of the person. 3
`229 Commissioner to invite submissions from person 4
about particular information 5
`(1) This section applies if the commissioner-- 6
(a) must decide whether or not there is an exceptional case 7
for the person; and 8
(b) is proposing to decide the prescribed notice application 9
by issuing a negative notice to the person. 10
`(2) The commissioner must give the person a written notice-- 11
(a) stating the following-- 12
(i) the police information about the person that the 13
commissioner is aware of; 14
(ii) any disciplinary information about the person that 15
the commissioner is aware of; and 16
(b) inviting the person to give the commissioner, within a 17
stated time, a submission about-- 18
(i) whether or not there is an exceptional case for the 19
person; or 20
(ii) why the commissioner should issue a positive 21
notice, or should not issue a negative notice, 22
because of an exceptional case for the person. 23
`(3) The stated time must be reasonable and, in any case, at least 7 24
days after the commissioner gives the notice to the person. 25
`(4) Before deciding the application, the commissioner must 26
consider any submission received from the person within the 27
stated time. 28
`(5) A submission mentioned in subsection (2)(b) may be made 29
orally or in a language other than English if the commissioner 30
considers a submission in that form is reasonable in the 31
circumstances. 32
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`230 Commissioner to be notified of change of particular 1
information 2
`(1) This section applies if any of the following (each a relevant 3
change) happens before the commissioner has issued a 4
prescribed notice to the person in relation to the prescribed 5
notice application-- 6
(a) the person's name or contact details, as stated in the 7
application, change; 8
(b) the person's employment, as stated in the application, 9
ends; 10
(c) the person stops carrying on the business as stated in the 11
application. 12
`(2) The person must give notice, in the approved form, to the 13
commissioner of the relevant change within 14 days after the 14
relevant change happens. 15
Maximum penalty--10 penalty units. 16
`(3) The approved form mentioned in subsection (2) must provide 17
for a person to give notice withdrawing the person's consent 18
to employment screening under this chapter. 19
`231 Currency of prescribed notice and positive notice 20
blue card 21
`(1) A negative notice remains current until it is cancelled under 22
division 11. 23
`(2) A positive notice remains current for 3 years after it is issued, 24
unless it is earlier cancelled under division 11. 25
`(3) A positive notice blue card relating to a positive notice 26
remains current for the same period as the positive notice. 27
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`Division 10 Steps after prescribed notice 1
application decided 2
`232 Application of div 10 3
`This division applies if the commissioner decides a 4
prescribed notice application about a person. 5
`233 Additional information to be given if negative notice 6
issued 7
`If the commissioner issues a negative notice to the person, 8
the negative notice must be accompanied by a written notice 9
stating the following-- 10
(a) the reasons for the commissioner's decision to issue a 11
negative notice to the person; 12
(b) the relevant review and appeal information; 13
(c) that it is an offence for a person who holds a current 14
negative notice to-- 15
(i) sign an application about the person made by 16
someone else under division 7; or 17
(ii) make an application under division 8; or 18
(iii) apply for, or start or continue in, regulated 19
employment; or 20
(iv) carry on a regulated business. 21
`234 Notifiable person to be notified of decision 22
`(1) After the commissioner issues a prescribed notice to the 23
person, the commissioner must give each notifiable person for 24
the person a written notice stating whether the person was 25
issued a positive notice or negative notice. 26
`(2) If the person is issued with a negative notice on the basis the 27
person is or was a relevant disqualified person and a notice 28
about the person is given to the chief executive (child safety) 29
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under subsection (1), the notice must also state the provision 1
of this part under which the negative notice was issued. 2
Note-- 3
See sections 224 and 225 for circumstances in which a negative notice is 4
issued to a person on the basis the person is or was a relevant 5
disqualified person. 6
`235 Department to be given particular advice 7
`(1) This section applies if-- 8
(a) the person is a person about whom the chief executive of 9
a department has made an application under division 7; 10
and 11
(b) the commissioner issues a positive notice to the person; 12
and 13
(c) the chief executive of the department asks the 14
commissioner for advice under this section. 15
`(2) The commissioner may advise the chief executive of the 16
department that the chief executive may need to undertake a 17
further assessment of the person under the Public Service Act 18
2008, chapter 5, part 6, division 3A to decide whether or not 19
the department should engage the person. 20
Note-- 21
The Public Service Act 2008, chapter 5, part 6, division 3A does not 22
apply in relation to the engagement of particular persons by a 23
department. See section 164 of that Act. 24
`(3) However, the commissioner may give the advice mentioned in 25
subsection (2) only if the commissioner is aware that the 26
person has a criminal history. 27
`(4) If the commissioner gives advice under subsection (2), the 28
advice must be accompanied by a written notice stating that 29
no adverse inference about the person's criminal history or 30
suitability for engagement, or continued engagement, by the 31
department may be drawn by the fact the advice was given. 32
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`Division 11 Cancellation or suspension of 1
prescribed notices 2
`236 Cancelling negative notice etc. on holder's 3
application 4
`(1) This section applies if-- 5
(a) the commissioner has issued a negative notice to a 6
person and the notice is current; and 7
(b) the person is not a relevant disqualified person. 8
`(2) The person may apply to the commissioner to cancel the 9
notice. 10
`(3) The application may not be made less than 2 years after the 11
issue of the negative notice or any previous application by the 12
person under this section, unless-- 13
(a) the decision to issue the negative notice was based on 14
wrong or incomplete information; or 15
(b) the negative notice was issued because the person was a 16
relevant disqualified person and the person is no longer 17
a relevant disqualified person. 18
`(4) The application must be-- 19
(a) in the approved form; and 20
(b) signed by the person; and 21
(c) accompanied by the prescribed fee. 22
`(5) The person may state in the application anything the person 23
considers relevant to the commissioner's decision including, 24
in particular, any change in the person's circumstances since 25
the negative notice was issued. 26
`(6) Division 9 applies to the application as if-- 27
(a) the application were a prescribed notice application 28
about the person; and 29
(b) a reference in the division to issuing a positive notice 30
were a reference to granting the application; and 31
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(c) a reference in the division to issuing a negative notice 1
were a reference to refusing the application. 2
`(7) If the commissioner grants the application, the commissioner 3
must cancel the negative notice to which the application 4
relates. 5
`(8) If the commissioner refuses the application, the commissioner 6
must give the person a written notice stating-- 7
(a) that the application has been refused and the person's 8
negative notice continues in effect subject to section 9
231; and 10
(b) the reasons for the commissioner's decision to refuse the 11
application; and 12
(c) the relevant review and appeal information. 13
`237 Cancelling positive notice and substituting it with 14
negative notice 15
`(1) The commissioner may cancel a person's positive notice (the 16
cancelled notice) and substitute a negative notice if the 17
commissioner is satisfied that-- 18
(a) the decision on the application for the cancelled notice 19
was based on wrong or incomplete information and, 20
based on the correct or complete information, the 21
commissioner should issue a negative notice to the 22
person; or 23
(b) subject to sections 240 and 242, it is appropriate to 24
cancel the positive notice having regard to-- 25
(i) disciplinary information, or information received 26
under part 6, division 2 to 4, about the person, 27
other than information known to the commissioner 28
at the time the positive notice was issued; or 29
(ii) a decision of a court made after the positive notice 30
was issued, including the reasons for the decision, 31
relating to an offence committed by the person. 32
Note-- 33
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Sections 240 and 242 provide for the suspension of a person's 1
positive notice, in particular circumstances, before the 2
commissioner decides whether to issue a further positive notice 3
or a negative notice to the person. 4
`(2) In making a decision under subsection (1), the commissioner 5
must make the decision as if it were a decision about a 6
prescribed notice application and, for that purpose, division 9 7
applies in relation to making the decision. 8
`(3) Without limiting subsection (2), if the commissioner must 9
decide whether or not there is an exceptional case for the 10
person and is proposing to substitute a negative notice as 11
mentioned in subsection (1)-- 12
(a) the commissioner must comply with section 229(2) to 13
(5); and 14
(b) for that purpose, the reference in section 229(4) to 15
deciding the application is taken to include a reference 16
to deciding whether to substitute a negative notice for a 17
positive notice under this section. 18
Note-- 19
Section 229 is about inviting a person to make submissions about the 20
existence of an exceptional case for the person. 21
`(4) If, under subsection (1), the commissioner cancels a person's 22
positive notice and issues a negative notice to the person, the 23
commissioner must-- 24
(a) give the person a written notice stating-- 25
(i) the reasons for the commissioner's decision to 26
cancel the person's positive notice and issue a 27
negative notice to the person; and 28
(ii) the relevant review and appeal information; and 29
(b) give each notifiable person a written notice stating 30
that-- 31
(i) the person's positive notice has been cancelled; 32
and 33
(ii) the person has been issued a negative notice. 34
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`(5) Also, the commissioner must consider whether notice must be 1
given under section 342(2)(a), 343 or 344. 2
`(6) If the commissioner's decision under subsection (2) is that the 3
person should be issued a positive notice-- 4
(a) the commissioner must not cancel the person's positive 5
notice under subsection (1); and 6
(b) the person's positive notice continues in effect subject to 7
section 231. 8
`238 Cancelling negative notice and issuing positive 9
notice 10
`(1) The commissioner may cancel a person's negative notice (the 11
cancelled notice) and, subject to subsection (3), substitute it 12
with a positive notice if-- 13
(a) the commissioner is satisfied that the decision on the 14
application for the cancelled notice was based on wrong 15
or incomplete information and, based on the correct or 16
complete information, the commissioner should issue a 17
positive notice to the person; or 18
(b) the negative notice was issued on the basis the person 19
was a relevant disqualified person and the person is no 20
longer a relevant disqualified person; or 21
(c) the commissioner is satisfied that it is appropriate to 22
cancel the negative notice having regard to information 23
not known to the commissioner at the time the negative 24
notice was issued. 25
`(2) In making a decision under subsection (1), the commissioner 26
must make the decision as if it were a decision about a 27
prescribed notice application and, for that purpose, division 9 28
applies in relation to making the decision. 29
`(3) If the commissioner's decision under subsection (2) is that the 30
person should be issued a positive notice, the commissioner 31
may issue a positive notice to the person only if the 32
commissioner is satisfied the person is proposing, if the 33
positive notice is issued-- 34
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(a) to be employed in regulated employment; or 1
(b) to carry on a regulated business. 2
Note-- 3
See, however, sections 195(1)(c) and 197. 4
`(4) The commissioner may cancel a person's negative notice 5
under subsection (1) even if-- 6
(a) a positive notice is not issued to the person under 7
subsection (3) until a later time; or 8
(b) a positive notice is never issued to the person under 9
subsection (3). 10
`(5) If the commissioner's decision under subsection (2) is that the 11
person should be issued a negative notice-- 12
(a) the commissioner must not cancel the person's negative 13
notice under subsection (1); and 14
(b) the person's negative notice continues in effect subject 15
to section 231. 16
`(6) The commissioner may-- 17
(a) act under subsection (1) on the commissioner's own 18
initiative; or 19
(b) if a person has applied for the cancellation of the 20
person's negative notice under section 236--act under 21
subsection (1)(a) or (b) instead of cancelling the 22
person's negative notice under section 236. 23
`239 Cancelling positive notice if relevant disqualified 24
person 25
`(1) This section applies if a person who is the holder of a positive 26
notice, including a positive notice that is suspended under 27
section 240 or 242, becomes a relevant disqualified person 28
other than only because the person is subject to either or both 29
of the following-- 30
(a) a temporary offender prohibition order; 31
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(b) an interim sexual offender order. 1
Note-- 2
See section 240 in relation to the holder of a positive notice who 3
becomes a relevant disqualified person because the holder is subject to a 4
temporary offender prohibition order or interim sexual offender order 5
(or both). 6
`(2) The commissioner must cancel the person's positive notice 7
and substitute a negative notice. 8
`(3) At the time the commissioner gives the person the negative 9
notice, the commissioner must give the person a further 10
written notice stating-- 11
(a) the reasons for the decision; and 12
(b) the relevant review and appeal information; and 13
(c) that the person may apply under section 236 for the 14
cancellation of the negative notice unless the person is a 15
relevant disqualified person. 16
`(4) Also, the commissioner must give each notifiable person for 17
the person a written notice stating that the person's positive 18
notice has been cancelled and the person has been issued a 19
negative notice. 20
`(5) A notice given to the chief executive (child safety) under 21
subsection (4) about a person must state that the person was 22
given the negative notice under this section. 23
`(6) Also, the commissioner must consider whether notice must be 24
given under section 342(2)(a), 343 or 344. 25
`240 Suspension of a positive notice if charged with 26
disqualifying offence or subject to temporary or 27
interim order 28
`(1) This section applies if a person who is the holder of a positive 29
notice (the suspended person)-- 30
(a) is charged with a disqualifying offence; or 31
(b) becomes a relevant disqualified person because the 32
person is subject to either or both of the following-- 33
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(i) a temporary offender prohibition order; 1
(ii) an interim sexual offender order. 2
Note-- 3
If the holder of a positive notice becomes a relevant disqualified 4
person for another reason, the positive notice must be cancelled 5
under section 239. 6
`(2) The commissioner must, by written notice given to the 7
suspended person, suspend the person's positive notice. 8
`(3) The notice about the suspension must state the following-- 9
(a) that the positive notice held by the suspended person is 10
suspended; 11
(b) the reason for the suspension; 12
(c) how long the suspension will continue; 13
(d) the effect of the suspension; 14
(e) that the suspended person must return the positive 15
notice, and any positive notice blue card relating to the 16
positive notice, to the commissioner within 7 days after 17
the notice about the suspension is given to the person; 18
(f) the relevant review and appeal information. 19
`(4) Until the suspension ends, the suspended person must not-- 20
(a) apply for or start in regulated employment; or 21
(b) if the suspended person is in regulated employment 22
when the positive notice is suspended--perform work 23
that is regulated employment; or 24
(c) start or continue to carry on a regulated business. 25
Maximum penalty--500 penalty units or 5 years 26
imprisonment. 27
`(5) Within 7 days after the suspended person is given notice under 28
subsection (2), the person must return each of the following to 29
the commissioner-- 30
(a) the positive notice; 31
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(b) any positive notice blue card relating to the positive 1
notice. 2
Maximum penalty--100 penalty units. 3
`(6) The commissioner must give each notifiable person for the 4
suspended person a written notice stating the following-- 5
(a) that the positive notice held by the suspended person is 6
suspended; 7
(b) how long the suspension will continue; 8
(c) the effect of the suspension; 9
(d) that the notifiable person must not allow the suspended 10
person to perform work that is regulated employment 11
while the suspended person's positive notice is 12
suspended; 13
(e) that the suspended person's employer must not 14
terminate the suspended person's employment or 15
continued employment solely or mainly because the 16
person's positive notice is suspended. 17
`(7) Also, the commissioner must consider whether notice must be 18
given under section 342(2)(b) or 344. 19
`(8) A person to whom a notice is given under subsection (6) or (7) 20
must not allow the suspended person to perform work that is 21
regulated employment while the suspended person's positive 22
notice is suspended. 23
Maximum penalty--200 penalty units. 24
`(9) A person's employer who is given a notice under subsection 25
(6) must not terminate the person's employment solely or 26
mainly because the person's positive notice is suspended. 27
Note-- 28
See also section 356(4). 29
`(10) Without limiting subsection (4) and despite section 231(2), a 30
positive notice remains current during the period of 31
suspension even if it would otherwise end under section 32
231(2) during that period. 33
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`241 Ending of suspension under s 240 and issue of 1
further prescribed notice 2
`(1) This section applies to a positive notice held by a person that 3
is suspended under section 240 (the suspended notice). 4
`(2) The suspension ends if-- 5
(a) the suspended notice is cancelled under another 6
provision of this division; or 7
(b) on the commissioner's own initiative or on application 8
by the person-- 9
(i) the commissioner cancels the suspended notice and 10
issues a further positive notice or a negative notice 11
to the person; or 12
(ii) the commissioner cancels the suspended notice as 13
mentioned in subsection (5). 14
`(3) In making a decision under subsection (2)(b) to cancel the 15
suspended notice and, subject to subsection (5), issue a further 16
positive notice or a negative notice to the person, the 17
commissioner must make the decision as if it were a decision 18
about a prescribed notice application and, for that purpose, 19
division 9 applies in relation to making the decision. 20
`(4) Without limiting subsection (3), if the commissioner must 21
decide whether or not there is an exceptional case for the 22
person and is proposing to issue a negative notice as 23
mentioned in subsection (2)(b)-- 24
(a) the commissioner must comply with section 229(2) to 25
(5); and 26
(b) for that purpose, the reference in section 229(4) to 27
deciding the application is taken to include a reference 28
to deciding whether to issue a further positive notice or a 29
negative notice under this section. 30
Note-- 31
Section 229 is about inviting a person to make submissions about the 32
existence of an exceptional case for the person. 33
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`(5) The commissioner may cancel the suspended positive notice 1
without issuing a further prescribed notice to the person if the 2
commissioner is satisfied that the person is no longer 3
proposing to be employed in regulated employment or to 4
carry on a regulated business. 5
`(6) If the commissioner cancels the suspended notice and issues a 6
negative notice under subsection (2)(b) to the person, the 7
commissioner must give the person a written notice stating-- 8
(a) the reasons for the commissioner's decision to cancel 9
the person's positive notice and issue a negative notice 10
to the person; and 11
(b) the relevant review and appeal information. 12
`(7) If the commissioner cancels the suspended notice under this 13
section, the commissioner must-- 14
(a) give each notifiable person for the person a written 15
notice stating-- 16
(i) that the person's suspended notice has been 17
cancelled under this section; and 18
(ii) whether the person has been issued a further 19
positive notice or negative notice; and 20
(b) if section 235 applied in relation to the original 21
application for a prescribed notice about the person and 22
the commissioner issues a further positive notice to the 23
person--give the advice mentioned in that section to the 24
relevant chief executive. 25
`(8) Also, the commissioner must consider whether notice must be 26
given under section 342(2)(c), 343 or 344. 27
`(9) Despite an application made by the person as mentioned in 28
subsection (2)(b), the commissioner is not required to decide 29
the application-- 30
(a) while a charge against the person for a disqualifying 31
offence is pending; or 32
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(b) while the person is a relevant disqualified person 1
because the person is subject to a temporary offender 2
prohibition order or interim sexual offender order; or 3
(c) if the person has been convicted of a disqualifying 4
offence and-- 5
(i) the period allowed for an appeal relating to the 6
conviction or sentence of the person has not ended; 7
or 8
(ii) an appeal relating to the conviction or sentence has 9
started but has not been decided; or 10
(d) if the person is subject to a final offender prohibition 11
order, disqualification order or final sexual offender 12
order and-- 13
(i) the period allowed for an appeal relating to the 14
order has not ended; or 15
(ii) an appeal relating to the order has started but has 16
not been decided. 17
`242 Suspension of a positive notice held by registered 18
teacher if teacher registration suspended 19
`(1) This section applies if-- 20
(a) a registered teacher (the teacher) holds a positive notice; 21
and 22
(b) the teacher's registration is suspended under the 23
Education (Queensland College of Teachers) Act 2005, 24
section 49. 25
`(2) The commissioner must, by written notice given to the 26
teacher, suspend the teacher's positive notice. 27
`(3) The notice about the suspension must state the following-- 28
(a) the positive notice held by the teacher is suspended; 29
(b) the reason for the suspension; 30
(c) how long the suspension will continue; 31
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(d) the effect of the suspension; 1
(e) that the teacher must return the positive notice, and any 2
positive notice blue card relating to the positive notice, 3
to the commissioner within 7 days after the notice about 4
the suspension is given to the teacher; 5
(f) the relevant review and appeal information. 6
`(4) Until the suspension ends, the teacher must not-- 7
(a) apply for or start in regulated employment; or 8
(b) if the teacher is in regulated employment when the 9
positive notice is suspended--perform work that is 10
regulated employment; or 11
(c) start or continue to carry on a regulated business. 12
Maximum penalty--500 penalty units or 5 years 13
imprisonment. 14
`(5) Within 7 days after the teacher is given notice under 15
subsection (2), the teacher must return each of the following 16
to the commissioner-- 17
(a) the positive notice; 18
(b) any positive notice blue card relating to the positive 19
notice. 20
Maximum penalty--100 penalty units. 21
`(6) The commissioner must give each notifiable person for the 22
teacher a written notice stating the following-- 23
(a) the positive notice held by the teacher is suspended; 24
(b) how long the suspension will continue; 25
(c) the effect of the suspension; 26
(d) that the notifiable person must not allow the teacher to 27
perform work that is regulated employment while the 28
teacher's positive notice is suspended; 29
(e) that the suspended teacher's employer must not 30
terminate the teacher's employment or continued 31
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employment solely or mainly because the teacher's 1
positive notice is suspended. 2
`(7) Also, the commissioner must consider whether notice must be 3
given under section 342(2)(b) or 344(2). 4
`(8) A person to whom a notice is given under subsection (6) or (7) 5
must not allow the teacher to perform work that is regulated 6
employment while the teacher's positive notice is suspended. 7
Maximum penalty--200 penalty units. 8
`(9) A person's employer who is given a notice under subsection 9
(6) may not terminate the person's employment solely or 10
mainly because the person's positive notice is suspended. 11
Note-- 12
See also section 356(4). 13
`(10) Without limiting subsection (4) and despite section 231(2), a 14
positive notice remains current during the period of 15
suspension even if it would otherwise end under section 16
231(2) during that period. 17
`(11) This section applies despite section 173. 18
`243 Ending of suspension under s 242 and issue of 19
further prescribed notice or exemption notice 20
`(1) This section applies to a positive notice held by a person that 21
is suspended under section 242 (the suspended notice). 22
`(2) The suspension ends if-- 23
(a) the suspended notice is cancelled under another 24
provision of this division; or 25
(b) on the commissioner's own initiative or on application 26
by the person-- 27
(i) the commissioner cancels the suspended notice and 28
issues the following (replacement notice) to the 29
person-- 30
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(A) if the person is not a registered teacher when 1
the suspended notice is cancelled--a further 2
positive notice or a negative notice; 3
(B) if the person is a registered teacher when the 4
suspended notice is cancelled--a positive 5
exemption notice or negative exemption 6
notice; or 7
(ii) the commissioner cancels the suspended notice as 8
mentioned in subsection (6). 9
`(3) If the person is not a registered teacher when the 10
commissioner is acting under subsection (2)(b), in making a 11
decision to cancel the suspended notice and, subject to 12
subsection (6), issue a replacement notice to the person, the 13
commissioner must make the decision as if it were a decision 14
about a prescribed notice application and, for that purpose, 15
division 9 applies in relation to making the decision. 16
`(4) If the person is a registered teacher when the commissioner is 17
acting under subsection (2)(b), in making a decision to cancel 18
the suspended notice and, subject to subsection (6), issue a 19
replacement notice to the person, the commissioner must 20
make the decision as if it were a decision about an exemption 21
notice application and, for that purpose, part 5, division 8 22
applies in relation to making the decision. 23
`(5) Without limiting subsection (3) or (4), if the commissioner 24
must decide whether or not there is an exceptional case for the 25
person and is proposing to issue a replacement notice as 26
mentioned in subsection (2)(b)-- 27
(a) the commissioner must comply with section 229(2) to 28
(5); and 29
(b) for that purpose, the reference in section 229(4) to 30
deciding the application is taken to include a reference 31
to deciding whether to issue a replacement notice under 32
this section. 33
Note-- 34
Section 229 is about inviting a person to make submissions about the 35
existence of an exceptional case for the person. 36
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`(6) The commissioner may cancel the suspended positive notice 1
without issuing a further prescribed notice or an exemption 2
notice to the person if the commissioner is satisfied that the 3
person is no longer proposing to be employed in regulated 4
employment or to carry on a regulated business. 5
`(7) If the commissioner cancels the suspended notice and issues a 6
negative notice or negative exemption notice to the person, the 7
commissioner must give the person a written notice stating-- 8
(a) the reasons for the commissioner's decision to cancel 9
the person's positive notice and issue a negative notice 10
or negative exemption notice to the person; and 11
(b) the relevant review and appeal information. 12
`(8) If the commissioner cancels the suspended notice under this 13
section, the commissioner must-- 14
(a) give each notifiable person for the person a written 15
notice stating-- 16
(i) that the person's suspended notice has been 17
cancelled under this section; and 18
(ii) whether the person has been issued a further 19
positive notice or a negative notice, positive 20
exemption notice or negative exemption notice; 21
and 22
(b) if section 235 applied in relation to the original 23
application for a prescribed notice about the person and 24
the commissioner issues a further positive notice or a 25
positive exemption notice to the person--give the 26
advice mentioned in that section to the relevant chief 27
executive. 28
`(9) Also, the commissioner must consider whether notice must be 29
given under section 342(2)(c), 343 or 344. 30
`(10) Despite an application made by the person as mentioned in 31
subsection (2)(b)(ii), the commissioner is not required to 32
decide the application while the person's registration under 33
the Education (Queensland College of Teachers) Act 2005 is 34
suspended under section 49 of that Act. 35
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`(11) This section applies despite section 173. 1
`244 Cancelling positive notice on holder's request 2
`(1) A person, including a person whose positive notice is 3
suspended under section 240 or 242, may, by written notice, 4
ask the commissioner to cancel the person's positive notice. 5
`(2) After receiving the written notice, the commissioner must-- 6
(a) cancel the positive notice; and 7
(b) give the person a written notice stating that-- 8
(i) the positive notice has been cancelled; and 9
(ii) the person must not perform work that is regulated 10
employment other than in accordance with 11
subsection (3); and 12
(iii) the person must not carry on a regulated business 13
other than in accordance with section 197 or 259. 14
`(3) The person must not perform work that is regulated 15
employment unless-- 16
(a) if paragraph (b) does not apply--the commissioner 17
issues a further positive notice to the person; or 18
(b) if the person is a police officer or registered teacher-- 19
(i) the commissioner issues a positive exemption 20
notice to the person; or 21
(ii) an exemption notice application is made about the 22
person. 23
Maximum penalty--500 penalty units or 5 years 24
imprisonment. 25
Note-- 26
See sections 197 and 259 in relation to carrying on a regulated business. 27
`(4) The commissioner must give written notice about the 28
cancellation of the person's positive notice to each notifiable 29
person for the person. 30
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`(5) Also, the commissioner must consider whether notice must be 1
given under section 342(2)(d), 343 or 344. 2
`(6) A notice under subsection (4) or (5) must state that a person to 3
whom the notice is given must not allow the person whose 4
positive notice is cancelled to perform work that is regulated 5
employment other than in circumstances mentioned in 6
subsection (3). 7
`Division 12 Return of prescribed notices etc. 8
`245 Return of previously held prescribed notice or 9
exemption notice 10
`(1) This section applies if a person to whom a prescribed notice 11
(new notice) is issued previously held a prescribed notice or 12
exemption notice (the old notice) other than a positive notice 13
or positive exemption notice that has been cancelled. 14
`(2) Unless the person has a reasonable excuse, the person must, 15
within 14 days after the new notice is issued, give the 16
commissioner-- 17
(a) the old notice; and 18
(b) if the old notice was a positive notice--any positive 19
notice blue card relating to the old notice. 20
Maximum penalty--10 penalty units. 21
`246 Return of cancelled positive notice 22
`(1) This section applies to a person with a current positive notice 23
if the commissioner cancels the notice. 24
`(2) The person must immediately return the positive notice, and 25
any positive notice blue card relating to the positive notice, to 26
the commissioner, unless the person has a reasonable excuse. 27
Maximum penalty--100 penalty units. 28
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`Division 13 Persons who are police officers or 1
registered teachers 2
`247 Prescribed notices held by police officers and 3
registered teachers 4
`(1) This section applies if-- 5
(a) a person holds a current positive notice or current 6
negative notice; and 7
(b) the person is or becomes a police officer or registered 8
teacher. 9
`(2) The person's positive notice or negative notice continues in 10
effect subject to section 231. 11
`(3) This chapter continues to apply in relation to the person's 12
positive notice or current negative notice while it remains 13
current. 14
`(4) If, under a provision of division 11 or part 7, division 1, the 15
commissioner is required or permitted to issue a positive 16
notice to the person and the commissioner is aware the person 17
is a police officer or registered teacher, the commissioner 18
must instead issue a positive exemption notice to the person. 19
`(5) If, under a provision of division 11 or part 7, division 1, the 20
commissioner is required or permitted to issue a negative 21
notice to the person and the commissioner is aware the person 22
is a police officer or registered teacher, the commissioner 23
must instead issue a negative exemption notice to the person. 24
`(6) This section applies despite section 173. 25
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`Part 5 Exemption notices 1
`Division 1 Preliminary 2
`248 Part applies to police officers or registered teachers 3
`This part applies only in relation to the employment of a 4
person, or the carrying on of a business by a person, who is-- 5
(a) a police officer; or 6
(b) a registered teacher. 7
`249 Giving notification under pt 5 8
`(1) This section applies in relation to a provision of this part that 9
provides that a person (the employer) must notify the 10
commissioner about the employment of someone else (the 11
employee) in regulated employment. 12
`(2) The notification must-- 13
(a) be in the approved form; and 14
(b) if the employer did not give the certification mentioned 15
in subsection (3)(b)--be accompanied by a certification, 16
in the approved form, by the employer that the employer 17
did not sight the documents only because-- 18
(i) the employee's usual place of residence is more 19
than 50km from the employer's business address; 20
or 21
(ii) the employee is a person with a disability that 22
affects mobility. 23
`(3) The approved form mentioned in subsection (2)(a) must 24
include provision for-- 25
(a) identifying information about the employee; and 26
(b) certification by the employer or a prescribed person that 27
the employer or prescribed person has sighted the 28
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documents, relating to proof of the employee's identity, 1
prescribed under a regulation. 2
`Division 2 Exemption notice required for 3
employment of volunteers in 4
regulated employment 5
`250 Application of div 2 6
`This division applies to employment of a volunteer. 7
`251 Starting employment 8
`A person (the employer) must not employ another person (the 9
employee) in regulated employment unless-- 10
(a) the employee has a current positive exemption notice 11
and the employer has notified the commissioner that the 12
employer is proposing to employ the employee in 13
regulated employment; or 14
(b) the employee is a transitioning person, and the employer 15
has notified the commissioner that the employer is 16
proposing to employ the employee in regulated 17
employment; or 18
(c) the employer has applied for an exemption notice about 19
the employee. 20
Note-- 21
See section 249 for how the notification under paragraph (a) or (b) must 22
be given. 23
Maximum penalty--50 penalty units. 24
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`Division 3 Exemption notice required for 1
employment of other persons in 2
regulated employment 3
`252 Application of div 3 4
`This division does not apply to employment of a volunteer. 5
`253 Continuing employment of certain regular employees 6
`(1) This section applies if-- 7
(a) a person (the employee) is employed in regulated 8
employment under an agreement with another person 9
(the employer); and 10
(b) after considering any agreement relating to the 11
employment and the hours or times that the employee 12
previously carried out work for the employer, the 13
employer reasonably expects that the employee is likely 14
to carry out work as part of the employment for the 15
minimum frequency for regulated employment; and 16
(c) the employee is neither of the following-- 17
(i) a transitioning person; 18
(ii) the holder of a current positive exemption notice. 19
`(2) The employer must not continue to employ the employee in 20
regulated employment unless the employer has applied for an 21
exemption notice, or further exemption notice, about the 22
employee. 23
Maximum penalty--50 penalty units. 24
`254 Starting employment of certain regular employees 25
`(1) This section applies if-- 26
(a) a person (the employee) is not employed in regulated 27
employment but has previously been employed in 28
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regulated employment under 1 or more agreements with 1
another person (the employer); and 2
(b) it is less than 1 year since the employee last carried out 3
the regulated employment for the employer; and 4
(c) after considering any agreement relating to the proposed 5
employment between the employer and employee and 6
the employee's employment during the period when the 7
employee was last employed by the employer, the 8
employer reasonably expects that the employee is likely 9
to carry out work as part of the proposed employment 10
for the minimum frequency for regulated employment. 11
`(2) The employer must not employ the employee in regulated 12
employment unless-- 13
(a) the employee has a current positive exemption notice 14
and the employer has notified the commissioner that the 15
employer is proposing to employ the employee in 16
regulated employment; or 17
(b) the employee is a transitioning person, and the employer 18
has notified the commissioner that the employer is 19
proposing to employ the employee in regulated 20
employment; or 21
(c) the employer has applied for an exemption notice about 22
the employee. 23
Note-- 24
See section 249 for how the notification under paragraph (a) or (b) must 25
be given. 26
Maximum penalty--50 penalty units. 27
`255 Starting employment of new employees 28
`(1) This section applies if-- 29
(a) a person (the employee) is not employed in regulated 30
employment; and 31
(b) another person (the employer) proposes to employ the 32
employee in regulated employment; and 33
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(c) after considering any agreement relating to the proposed 1
employment between the employer and employee, the 2
employer reasonably expects that the employee is likely 3
to carry out work as part of the proposed employment 4
for the minimum frequency for regulated employment; 5
and 6
(d) section 254 does not apply to the proposed employment. 7
`(2) The employer must not employ the employee in regulated 8
employment unless-- 9
(a) the employee has a current positive exemption notice 10
and the employer has notified the commissioner that the 11
employer is proposing to employ the employee in 12
regulated employment; or 13
(b) the employee is a transitioning person, and the employer 14
has notified the commissioner that the employer is 15
proposing to employ the employee in regulated 16
employment; or 17
(c) the employer has applied for an exemption notice about 18
the employee. 19
Note-- 20
See section 249 for how the notification under paragraph (a) or (b) must 21
be given. 22
Maximum penalty--50 penalty units. 23
`256 Prohibited employment 24
`(1) This section applies if a person (the employee) does not have a 25
current positive exemption notice. 26
`(2) A person (the employer) must not employ, or continue to 27
employ, the employee in regulated employment if-- 28
(a) the employer has applied for an exemption notice about 29
the employee and the commissioner gives the 30
employer-- 31
(i) a notice of deemed withdrawal relating to the 32
employee other than under section 269; or 33
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(ii) a notice of deemed withdrawal relating to the 1
employee under section 269; or 2
Editor's note-- 3
section 269 (Deemed withdrawal of consent to employment 4
screening if charged with disqualifying offence etc.) 5
(b) the employer is aware that a negative exemption notice 6
or negative notice has been issued to the employee and 7
the notice is current; or 8
(c) the employer has been given a notice in relation to the 9
employee-- 10
(i) under section 302; or 11
(ii) under section 339(3) because of a change in police 12
information mentioned in section 339(3)(g). 13
Editor's note-- 14
· section 302 (Cancelling positive exemption notice on 15
holder's request) 16
· section 339 (Commissioner to give notice to particular 17
entities about a change in police information) 18
Maximum penalty-- 19
(a) for paragraph (a)(i)--40 penalty units; or 20
(b) otherwise--200 penalty units or 2 years imprisonment. 21
`Division 4 Obligations if holder of negative 22
notice or negative exemption 23
notice, or exemption notice 24
application is withdrawn 25
`257 Person holding negative notice or negative 26
exemption notice not to apply for, or start or continue 27
in, regulated employment etc. 28
`(1) A person who holds a current negative exemption notice or 29
current negative notice must not-- 30
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(a) sign an application about the person made by someone 1
else under division 6; or 2
(b) make an application under division 7; or 3
(c) apply for, or start or continue in, regulated employment. 4
Maximum penalty--500 penalty units or 5 years 5
imprisonment. 6
Note-- 7
See section 259 in relation to carrying on a regulated business. 8
`(2) However, if the person held a positive exemption notice but a 9
negative exemption notice was substituted for it under section 10
295, 297 or 299, a court may not find the person contravened 11
subsection (1) unless the court is satisfied that written notice 12
of the substitution was given to the person. 13
`(3) Also, if the person held a positive notice but a negative notice 14
or negative exemption notice was substituted for the positive 15
notice under section 237, 239, 241 or 243, a court may not 16
find the person contravened subsection (1) unless the court is 17
satisfied that written notice of the substitution was given to the 18
person. 19
`258 Person who has withdrawn consent to employment 20
screening not to start or continue in regulated 21
employment 22
`(1) This section applies if-- 23
(a) an application about a person was made under division 24
6; and 25
(b) before an exemption notice was issued, the application 26
was withdrawn under section 270 because the person's 27
consent to employment screening under this chapter was 28
withdrawn under section 264 or 269. 29
`(2) The person must not start or continue in regulated 30
employment unless a positive exemption notice is issued to 31
the person. 32
Maximum penalty-- 33
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(a) if the person's consent to employment screening under 1
this chapter was withdrawn under section 264--100 2
penalty units or 1 year's imprisonment; or 3
(b) otherwise--500 penalty units or 5 years imprisonment. 4
`Division 5 Exemption notice required for 5
regulated business 6
`259 Carrying on regulated business 7
`A person must not carry on a regulated business unless-- 8
(a) the person has a current positive exemption notice; or 9
(b) the person is a transitioning person; or 10
(c) the person does not hold a negative exemption notice or 11
negative notice and has applied for an exemption notice. 12
Maximum penalty--500 penalty units or 5 years 13
imprisonment. 14
Note-- 15
Under section 166, particular executive officers of a corporation that 16
carries on a regulated business are taken to carry on the regulated 17
business. 18
`Division 6 Applying for exemption notice for 19
regulated employment 20
`260 Who makes application 21
`(1) A person who proposes to start employing, or continue 22
employing, another person in regulated employment may 23
apply to the commissioner for an exemption notice about the 24
other person. 25
`(2) If, as part of a course undertaken by a trainee student of an 26
education provider, the education provider proposes for the 27
trainee student to perform work that is regulated employment, 28
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the education provider may apply to the commissioner for an 1
exemption notice about the trainee student. 2
Note-- 3
Under section 162, if the education provider makes an exemption notice 4
application about the trainee student, the person who proposes to start 5
employing the trainee student is not required to make an exemption 6
notice application about the trainee student. 7
`261 Form of application 8
`(1) An application under this division must be-- 9
(a) in the approved form; and 10
(b) signed by, or on behalf of, the person making the 11
application (the applicant); and 12
(c) signed by the person about whom the application is 13
made (the employee); and 14
(d) if the applicant did not sight the documents as 15
mentioned in subsection (2)(b)--accompanied by a 16
certification, in the approved form, by the applicant that 17
the applicant did not sight the documents only 18
because-- 19
(i) the employee's usual place of residence is more 20
than 50km from the applicant's business address; 21
or 22
(ii) the employee is a person with a disability that 23
affects mobility. 24
`(2) The approved form mentioned in subsection (1)(a) must 25
include provision for-- 26
(a) identifying information about the employee; and 27
(b) certification by the applicant or a prescribed person that 28
the applicant or prescribed person has sighted the 29
documents, relating to proof of the employee's identity, 30
prescribed under a regulation; and 31
(c) a declaration by the employee that-- 32
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(i) if the application is made on the basis the 1
employee is a police officer--he or she is a police 2
officer; or 3
(ii) if application is made on the basis the employee is 4
a registered teacher--he or she is a registered 5
teacher; and 6
(d) the employee's consent to employment screening under 7
this chapter. 8
`262 Commissioner may obtain further information 9
`On receiving an application under this division, the 10
commissioner may, orally or in writing-- 11
(a) ask the person making the application, or the person 12
about whom the application is made (the employee), to 13
provide, within a reasonable stated time-- 14
(i) stated information that the commissioner 15
reasonably needs to establish the employee's 16
identity; or 17
(ii) stated information, including by way of a 18
submission, about a stated matter that the 19
commissioner reasonably believes is relevant to the 20
application; or 21
(b) ask the person making the application about why the 22
person did not sight the documents as mentioned in 23
section 261(2)(b). 24
`263 Withdrawal of application generally 25
`(1) A person who makes an application under this division may 26
withdraw the application at any time before it is decided. 27
`(2) A person who makes an application under this division is 28
taken to have withdrawn the application if-- 29
(a) the commissioner gives the person a written notice-- 30
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(i) asking the person to provide information about 1
why the person did not sight the documents as 2
mentioned in section 261(2)(b); and 3
(ii) warning the person that, if the person does not 4
comply with the request, the person's application 5
may be taken to have been withdrawn; and 6
(b) the person does not comply with the request within the 7
stated time; and 8
(c) the commissioner gives the person a notice of deemed 9
withdrawal. 10
`264 Withdrawal of consent to employment screening 11
generally 12
`(1) The person about whom an application is made under this 13
division may, by written notice to the commissioner, withdraw 14
the person's consent to employment screening under this 15
chapter. 16
`(2) If a person withdraws his or her consent to employment 17
screening under this chapter under subsection (1), the 18
commissioner must give written notice of the withdrawal to 19
the person who made the application. 20
`265 Deemed withdrawal of consent to employment 21
screening if person ceases to be police officer or 22
registered teacher 23
`The person about whom an application is made under this 24
division is taken to have withdrawn his or her consent to 25
employment screening under this chapter if-- 26
(a) the person gives the commissioner, or the commissioner 27
gives the person, a written notice stating that-- 28
(i) the person is no longer a police officer; or 29
(ii) the person is no longer a registered teacher; and 30
(b) the commissioner gives the person, and the person who 31
made the application, a notice of deemed withdrawal. 32
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`266 Deemed withdrawal of consent to employment 1
screening if identity can not be established 2
`The person about whom an application is made under this 3
division is taken to have withdrawn his or her consent to 4
employment screening under this chapter if-- 5
(a) the commissioner gives the person a written notice-- 6
(i) asking the person to provide, within a reasonable 7
stated time, stated information that the 8
commissioner reasonably needs to establish the 9
person's identity; and 10
(ii) warning the person that, if the person does not 11
comply with the request, the person's consent to 12
employment screening under this chapter may be 13
taken to have been withdrawn; and 14
(b) the person does not comply with the request within the 15
stated time; and 16
(c) the commissioner can not establish with certainty the 17
person's identity; and 18
(d) the commissioner gives the person, and the person who 19
made the application, a notice of deemed withdrawal. 20
`267 Deemed withdrawal of consent to employment 21
screening if particular requests not complied with 22
`The person about whom an application is made under this 23
division is taken to have withdrawn his or her consent to 24
employment screening under this chapter if-- 25
(a) the commissioner gives the person-- 26
(i) a written notice asking the person to provide, 27
within a reasonable stated time, stated information, 28
including by way of a submission, about a stated 29
matter that the commissioner reasonably believes 30
is relevant to the application; or 31
(ii) a written notice under section 330; or 32
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(iii) a written notice asking the person to give the 1
necessary consent for section 332 or 333; or 2
(iv) a written notice asking the person to give the 3
necessary consent for section 337 or 338; and 4
(b) the notice includes a warning that, if the person does not 5
comply with the notice, the person's consent to 6
employment screening under this chapter may be taken 7
to have been withdrawn; and 8
(c) the person does not comply with the notice; and 9
(d) the commissioner gives the person, and the person who 10
made the application, a notice of deemed withdrawal. 11
`268 Deemed withdrawal of consent to employment 12
screening if employment changes 13
`(1) The person about whom an application is made under this 14
division is taken to have withdrawn his or her consent to 15
employment screening under this chapter if-- 16
(a) the relevant person for the person has given the 17
commissioner written notice that the person is no longer 18
employed by the employer stated in the application, or 19
the commissioner can not obtain information, in writing, 20
from the relevant person that the person is employed by 21
the employer; and 22
(b) the person has not given written notice to the 23
commissioner about the end of the employment as 24
required under section 288; and 25
Note-- 26
If the person gives a written notice about the end of the 27
employment under section 288, the written notice should 28
provide for the withdrawal of the person's consent to 29
employment screening under this chapter. See section 288(3). 30
(c) the commissioner gives the person, and the person who 31
made the application, a notice of deemed withdrawal. 32
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`(2) For subsection (1), a relevant person for a person about whom 1
an application is made under this division may give written 2
notice to the commissioner that the person-- 3
(a) is employed, or continues to be employed, by the 4
employer stated in the application; or 5
(b) is no longer employed by the employer stated in the 6
application. 7
`(3) In this section-- 8
relevant person, for a person, means-- 9
(a) the person's employer; or 10
(b) if the person is a trainee student and the exemption 11
notice application was made by an education 12
provider--the person's employer or the education 13
provider. 14
`269 Deemed withdrawal of consent to employment 15
screening if charged with disqualifying offence etc. 16
`The person about whom an application is made under this 17
division is taken to have withdrawn his or her consent to 18
employment screening under this chapter if-- 19
(a) the person gives the commissioner, or the commissioner 20
gives the person, written notice that the person-- 21
(i) is charged with a disqualifying offence; or 22
(ii) is named as the respondent in an application for an 23
offender prohibition order and the proceeding for 24
the offender prohibition order has not ended; or 25
(iii) is subject to a temporary offender prohibition order 26
or interim sexual offender order made after the day 27
the application was made; and 28
(b) the commissioner gives the person, and the person who 29
made the application, a notice of deemed withdrawal. 30
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`270 Effect of withdrawal of consent to employment 1
screening 2
`(1) This section applies if a person about whom an application is 3
made under this division withdraws his or her consent to 4
employment screening under this chapter before the 5
commissioner issues an exemption notice to the person. 6
`(2) The application is taken to have been withdrawn and the 7
commissioner must not issue the exemption notice. 8
`271 Notice about withdrawal of application or negative 9
exemption notice or negative notice 10
`(1) This section applies if-- 11
(a) an application is made about a person under this 12
division; and 13
(b) the application is withdrawn or the person already has a 14
current negative exemption notice or current negative 15
notice. 16
`(2) The commissioner must give written notice about the 17
withdrawal or the negative exemption notice or negative 18
notice to each notifiable person for the person. 19
`(3) If the notice under subsection (2) is about the person having a 20
current negative exemption notice or current negative notice, 21
it must state-- 22
(a) the date of issue of the negative exemption notice or 23
negative notice; 24
(b) for a notice given to the chief executive (child safety) 25
about a negative exemption notice or negative notice 26
issued on the basis the person is or was a relevant 27
disqualified person--the provision of this chapter under 28
which the negative exemption notice or negative notice 29
was issued. 30
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`Division 7 Applying for exemption notice for 1
regulated businesses 2
`272 Who makes application 3
`A person who proposes to carry on, or continue carrying on, a 4
regulated business may apply to the commissioner for an 5
exemption notice about the person. 6
`273 Form of application 7
`(1) An application under this division must be-- 8
(a) in the approved form; and 9
(b) signed by the applicant. 10
`(2) The approved form must include provision for-- 11
(a) identifying information about the applicant; and 12
(b) certification by a prescribed person that the prescribed 13
person has sighted the documents, relating to proof of 14
the applicant's identity, prescribed under a regulation; 15
and 16
(c) a declaration by the applicant that-- 17
(i) if the application is made on the basis the applicant 18
is a police officer--he or she is a police officer; or 19
(ii) if the application is made on the basis that the 20
applicant is a registered teacher--he or she is a 21
registered teacher. 22
`274 Commissioner may obtain further information 23
`On receiving an application under this division, the 24
commissioner may ask the applicant, orally or in writing, to 25
provide, within a reasonable stated time-- 26
(a) stated information that the commissioner reasonably 27
needs to establish the applicant's identity; or 28
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(b) stated information, including by way of a submission, 1
about a stated matter that the commissioner reasonably 2
believes is relevant to the application. 3
`275 Withdrawal of application generally 4
`A person may withdraw the person's application under this 5
division at any time before it is decided. 6
`276 Deemed withdrawal of application if no longer police 7
officer or registered teacher 8
`A person who makes an application under this division is 9
taken to have withdrawn his or her application if-- 10
(a) the person gives the commissioner, or the commissioner 11
gives the person, written notice that the person is no 12
longer a police officer or registered teacher; and 13
(b) the commissioner gives the person a notice of deemed 14
withdrawal. 15
`277 Deemed withdrawal of application if identity can not 16
be established 17
`A person who makes an application under this division is 18
taken to have withdrawn his or her application if-- 19
(a) the commissioner gives the person a written notice-- 20
(i) asking the person to provide, within a reasonable 21
stated time, stated information that the 22
commissioner reasonably needs to establish the 23
person's identity; and 24
(ii) warning the person that, if the person does not 25
comply with the request, the person's application 26
may be taken to have been withdrawn; and 27
(b) the person does not comply with the request within the 28
stated time; and 29
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(c) the commissioner can not establish with certainty the 1
person's identity; and 2
(d) the commissioner gives the person a notice of deemed 3
withdrawal. 4
`278 Deemed withdrawal of application if particular 5
requests not complied with 6
`A person who makes an application under this division is 7
taken to have withdrawn the application if-- 8
(a) the commissioner gives the person-- 9
(i) a written notice asking the person to provide, 10
within a reasonable stated time, stated information, 11
including by way of a submission, about a stated 12
matter that the commissioner reasonably believes 13
is relevant to the application; or 14
(ii) a written notice under section 330; or 15
(iii) a written notice asking the person to give the 16
necessary consent for section 332 or 333; or 17
(iv) a written notice asking the person to give the 18
necessary consent for section 337 or 338; and 19
(b) the notice includes a warning that, if the person does not 20
comply with the notice, the person's application may be 21
taken to have been withdrawn; and 22
(c) the person does not comply with the notice; and 23
(d) the commissioner gives the person a notice of deemed 24
withdrawal. 25
`279 Deemed withdrawal of application if charged with 26
disqualifying offence etc. 27
`A person who makes an application under this division is 28
taken to have withdrawn the application if-- 29
(a) the person gives the commissioner, or the commissioner 30
gives the person, written notice stating that the person-- 31
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(i) is charged with a disqualifying offence; or 1
(ii) is named as the respondent in an application for an 2
offender prohibition order and the proceeding for 3
the offender prohibition order has not ended; or 4
(iii) is made subject to a temporary offender prohibition 5
order or interim sexual offender order after the day 6
the application was made; and 7
(b) the commissioner gives the person a notice of deemed 8
withdrawal. 9
`280 Notice about withdrawal of application or negative 10
notice or negative exemption notice 11
`(1) This section applies if-- 12
(a) a person makes an application under this division; and 13
(b) the application is withdrawn or the person already has a 14
current negative exemption notice or current negative 15
notice. 16
`(2) The commissioner must-- 17
(a) if the application is withdrawn--give written notice of 18
the withdrawal to each notifiable person for the person; 19
or 20
(b) if the person already has a current negative exemption 21
notice or current negative notice--give written notice of 22
the negative exemption notice or negative notice to the 23
person and each notifiable person for the person. 24
`(3) If the notice under subsection (2) is about the person having a 25
current negative exemption notice or current negative notice, 26
it must state-- 27
(a) the date of issue of the negative exemption notice or 28
negative notice; and 29
(b) for a notice given to the chief executive (child safety) 30
about a negative exemption notice or negative notice 31
issued on the basis the person is or was a relevant 32
disqualified person--the provision of this chapter under 33
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which the negative exemption notice or negative notice 1
was issued. 2
`Division 8 Deciding exemption notice 3
application 4
`281 Application of div 8 5
`This division applies if an exemption notice application is 6
made about a person and the application is not withdrawn. 7
`282 Positive exemption notice or negative exemption 8
notice to be issued 9
`The commissioner must decide the exemption notice 10
application by issuing either of the following to the person-- 11
(a) a notice declaring the application is approved (a positive 12
exemption notice); 13
(b) a notice declaring the application is refused (a negative 14
exemption notice). 15
`283 Issuing positive exemption notice to police officer if 16
further screening not required 17
`If the person is a police officer, the commissioner must issue 18
a positive exemption notice to the person if-- 19
(a) the commissioner is not aware of any police information 20
about the person; and 21
(b) the commissioner-- 22
(i) has, under section 286, been advised that the 23
person is a police officer; and 24
(ii) has not, under section 286, been advised that the 25
commissioner may need to undertake further 26
employment screening of the person under this 27
chapter. 28
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`284 Issuing positive exemption notice to registered 1
teacher if further screening not required 2
`If the person is a registered teacher, the commissioner must 3
issue a positive exemption notice to the person if-- 4
(a) the commissioner is not aware of any police information 5
or disciplinary information about the person; and 6
(b) the commissioner-- 7
(i) has, under section 287, been advised that the 8
person is a registered teacher; and 9
(ii) has not, under section 287, been advised that the 10
commissioner may need to undertake further 11
employment screening of the person under this 12
chapter. 13
`285 Issuing exemption notice if ss 283 and 284 do not 14
apply 15
`(1) This section applies if neither section 283 nor 284 applies to 16
the person. 17
`(2) The commissioner must decide the exemption notice 18
application in the way the commissioner would be required to 19
decide the application if it were a prescribed notice 20
application. 21
`(3) For subsection (2), sections 221 to 229 apply in relation to 22
making the decision as if-- 23
(a) a reference in the sections to issuing a positive notice 24
were a reference to issuing a positive exemption notice; 25
and 26
(b) a reference in the sections to issuing a negative notice 27
were a reference to issuing a negative exemption notice; 28
and 29
(c) a reference in section 229 to a prescribed notice 30
application were a reference to an exemption notice 31
application. 32
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`286 Obtaining advice from police commissioner 1
`(1) This section applies if the exemption notice application is 2
about a person who claims to be a police officer. 3
`(2) For deciding the application, the commissioner may ask the 4
police commissioner to advise the commissioner-- 5
(a) whether or not the person is a police officer; and 6
(b) if the person is a police officer--whether the 7
commissioner may need to undertake further 8
employment screening of the person under this chapter. 9
`(3) For subsection (2), the commissioner's request may include 10
the following information-- 11
(a) the person's name and any other name that the 12
commissioner believes the person may use or may have 13
used; 14
(b) the person's gender and date and place of birth; 15
(c) the person's address; 16
(d) any number, date or other information given by the 17
person about the person's status as a police officer. 18
Example for paragraph (d)-- 19
a number identifying the person as a police officer 20
`(4) The police commissioner must comply with the request. 21
`(5) However-- 22
(a) the police commissioner may give advice under 23
subsection (2)(b) only if the police commissioner is 24
aware-- 25
(i) the person has been charged with an offence; and 26
(ii) the charge has not been finally dealt with; and 27
(b) if paragraph (a) applies, the advice must be that the 28
commissioner may need to undertake further 29
employment screening of the person under this chapter. 30
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`287 Obtaining advice from college of teachers 1
`(1) This section applies if the exemption notice application is 2
about a person who claims to be a registered teacher. 3
`(2) For deciding the application, the commissioner may ask the 4
college of teachers to advise the commissioner-- 5
(a) whether or not the person is a registered teacher; and 6
(b) if the person is a registered teacher--whether the 7
commissioner may need to undertake further 8
employment screening of the person under this chapter. 9
`(3) For subsection (2), the commissioner's request may include 10
the following information-- 11
(a) the person's name and any other name that the 12
commissioner believes the person may use or may have 13
used; 14
(b) the person's gender and date and place of birth; 15
(c) the person's address; 16
(d) any number, date or other information given by the 17
person about the person's status as a registered teacher. 18
Example for paragraph (d)-- 19
the person's identification number for the person's registration 20
under the Education (Queensland College of Teachers) Act 2005 21
`(4) The college of teachers must comply with the request. 22
`(5) However-- 23
(a) the college may give advice under subsection (2)(b) 24
only if the college is aware of any police information 25
about the person; and 26
(b) if paragraph (a) applies, the advice must be that the 27
commissioner may need to undertake further 28
employment screening of the person under this chapter. 29
`(6) If the college of teachers gives advice under subsection (2)(b), 30
the advice must be accompanied by a written notice stating 31
that-- 32
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(a) no adverse inference about the person's police 1
information may be drawn by the fact the advice was 2
given; and 3
(b) no inference that a negative notice or negative 4
exemption notice may be issued to the person under this 5
chapter may be drawn by the fact the advice was given. 6
`(7) In this section-- 7
police information means police information as defined under 8
the Education (Queensland College of Teachers) Act 2005. 9
`288 Commissioner to be notified of change of particular 10
information 11
`(1) This section applies if any of the following (each a relevant 12
change) happens before the commissioner has issued an 13
exemption notice to the person in relation to the exemption 14
notice application-- 15
(a) the person's name or contact details, as stated in the 16
application, change; 17
(b) the person's employment, as stated in the application, 18
ends; 19
(c) the person stops carrying on the business as stated in the 20
application. 21
`(2) The person must give notice, in the approved form, to the 22
commissioner of the relevant change within 14 days after the 23
relevant change happens. 24
Maximum penalty--10 penalty units. 25
`(3) The approved form mentioned in subsection (2) must provide 26
for a person to give notice withdrawing the person's consent 27
to employment screening under this chapter. 28
`289 Currency of exemption notice 29
`(1) A negative exemption notice remains current until it is 30
cancelled under division 10. 31
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`(2) A positive exemption notice issued to a police officer remains 1
current while its holder is a police officer, unless it is earlier 2
cancelled under division 10. 3
`(3) A positive exemption notice issued to a registered teacher 4
remains current while its holder is a registered teacher, unless 5
it is earlier cancelled under division 10. 6
`Division 9 Steps after exemption notice 7
application decided 8
`290 Application of div 9 9
`This division applies if the commissioner decides an 10
exemption notice application about a person. 11
`291 Additional information to be given if negative 12
exemption notice issued 13
`If the commissioner issues a negative exemption notice to the 14
person, the negative exemption notice must be accompanied 15
by a written notice stating the following-- 16
(a) the reasons for the commissioner's decision to issue a 17
negative exemption notice to the person; 18
(b) the relevant review and appeal information; 19
(c) that it is an offence for a person who holds a current 20
negative exemption notice to-- 21
(i) sign an application about the person made by 22
someone else under division 6; or 23
(ii) make an application under division 7; or 24
(iii) apply for, or start or continue in, regulated 25
employment; or 26
(iv) carry on a regulated business. 27
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`292 Notifiable person to be notified of decision 1
`(1) After the commissioner issues an exemption notice to the 2
person, the commissioner must give each notifiable person for 3
the person a written notice stating whether the person was 4
issued a positive exemption notice or negative exemption 5
notice. 6
`(2) If the person is issued with a negative exemption notice on the 7
basis the person is or was a relevant disqualified person and a 8
notice about the person is given to the chief executive (child 9
safety) under subsection (1), the notice must also state the 10
provision of this chapter under which the negative exemption 11
notice was issued. 12
Note-- 13
See sections 224 and 225 (as applied to exemption notice applications 14
under section 285) for circumstances in which a negative exemption 15
notice may be issued to a person on the basis the person is or was a 16
relevant disqualified person. 17
`293 Department to be given particular advice 18
`(1) This section applies if-- 19
(a) the person is a person about whom the chief executive of 20
a department has made an application under division 6; 21
and 22
(b) the commissioner issues a positive exemption notice to 23
the person; and 24
(c) the chief executive of the department asks the 25
commissioner for advice under this section. 26
`(2) The commissioner may advise the chief executive of the 27
department that the chief executive may need to undertake a 28
further assessment of the person under the Public Service Act 29
2008, chapter 5, part 6, division 3A to decide whether or not 30
the department should engage the person. 31
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Note-- 1
The Public Service Act 2008, chapter 5, part 6, division 3A does not 2
apply in relation to the engagement of particular persons by a 3
department. See section 164 of that Act. 4
`(3) However, the commissioner may give the advice mentioned in 5
subsection (2) only if the commissioner is aware that the 6
person has a criminal history. 7
`(4) If the commissioner gives advice under subsection (2), the 8
advice must be accompanied by a written notice stating that 9
no adverse inference about the person's criminal history or 10
suitability for engagement, or continued engagement, by the 11
department may be drawn by the fact the advice was given. 12
`Division 10 Cancellation or suspension of 13
exemption notices etc. 14
`294 Cancelling negative exemption notice etc. on 15
holder's application 16
`(1) This section applies if-- 17
(a) the commissioner has issued a negative exemption 18
notice to a person and the notice is current; and 19
(b) the person is not a relevant disqualified person. 20
`(2) The person may apply to the commissioner to cancel the 21
notice. 22
`(3) The application may not be made less than 2 years after the 23
issue of the negative exemption notice or any previous 24
application by the person under this section, unless-- 25
(a) the decision to issue the negative exemption notice was 26
based on wrong or incomplete information; or 27
(b) the negative exemption notice was issued on the basis 28
the person was a relevant disqualified person and the 29
person is no longer a relevant disqualified person. 30
`(4) The application must be-- 31
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(a) in the approved form; and 1
(b) signed by the person. 2
`(5) The person may state in the application anything the person 3
considers relevant to the commissioner's decision including, 4
in particular, any change in the person's circumstances since 5
the negative exemption notice was issued. 6
`(6) Division 8 applies to the application as if-- 7
(a) the application were an exemption notice application; 8
and 9
(b) a reference in the division to issuing a positive 10
exemption notice were a reference to granting the 11
application; and 12
(c) a reference in the division to issuing a negative 13
exemption notice were a reference to refusing the 14
application. 15
`(7) If the commissioner grants the application, the commissioner 16
must cancel the negative exemption notice to which the 17
application relates. 18
`(8) If the commissioner refuses the application, the commissioner 19
must give the person a written notice stating-- 20
(a) that the application has been refused and the person's 21
negative exemption notice continues in effect subject to 22
section 289; and 23
(b) the reasons for the commissioner's decision to refuse the 24
application; and 25
(c) the relevant review and appeal information. 26
`295 Cancelling positive exemption notice and 27
substituting it with negative exemption notice 28
`(1) The commissioner may cancel a person's positive exemption 29
notice (the cancelled notice) and substitute a negative 30
exemption notice if the commissioner is satisfied that-- 31
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(a) the decision on the application for the cancelled notice 1
was based on wrong or incomplete information and, 2
based on the correct or complete information, the 3
commissioner should issue a negative exemption notice 4
to the person; or 5
(b) subject to section 298, it is appropriate to cancel the 6
positive exemption notice having regard to-- 7
(i) disciplinary information, or information received 8
under part 6, division 2 to 4, about the person, 9
other than information known to the commissioner 10
at the time the positive exemption notice was 11
issued; or 12
(ii) a decision of a court made after the positive 13
exemption notice was issued, including the reasons 14
for the decision, relating to an offence committed 15
by the person. 16
Note-- 17
Section 298 provides for the suspension of a person's positive 18
exemption notice, in particular circumstances, before the 19
commissioner decides whether to issue a further positive 20
exemption notice or a negative exemption notice to the person. 21
`(2) In making a decision under subsection (1), the commissioner 22
must make the decision as if it were a decision about an 23
exemption notice application and, for that purpose, division 8 24
applies in relation to making the decision. 25
`(3) Without limiting subsection (2), if the commissioner must 26
decide whether or not there is an exceptional case for the 27
person and is proposing to substitute a negative exemption 28
notice as mentioned in subsection (1)-- 29
(a) the commissioner must comply with section 229(2) to 30
(5); and 31
(b) for that purpose, the reference in section 229(4) to 32
deciding the application is taken to include a reference 33
to deciding whether to substitute a negative exemption 34
notice for a positive exemption notice under this section. 35
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Note-- 1
Section 229 is about inviting a person to make submissions about the 2
existence of an exceptional case for the person. 3
`(4) If, under subsection (1), the commissioner cancels a person's 4
positive exemption notice and issues a negative exemption 5
notice to the person, the commissioner must-- 6
(a) give the person a written notice stating-- 7
(i) the reasons for the commissioner's decision to 8
cancel the person's positive exemption notice and 9
issue a negative exemption notice to the person; 10
and 11
(ii) the relevant review and appeal information; and 12
(b) give each notifiable person a written notice stating 13
that-- 14
(i) the person's positive exemption notice has been 15
cancelled; and 16
(ii) the person has been issued a negative exemption 17
notice. 18
`(5) Also, the commissioner must consider whether notice must be 19
given under section 342(2)(a). 20
`(6) If the commissioner's decision under subsection (2) is that the 21
person should be issued a positive exemption notice-- 22
(a) the commissioner must not cancel the person's positive 23
exemption notice under subsection (1); and 24
(b) the person's positive exemption notice continues in 25
effect subject to section 289. 26
`296 Cancelling negative exemption notice and issuing 27
positive exemption notice 28
`(1) The commissioner may cancel a person's negative exemption 29
notice (the cancelled notice) and, subject to subsection (3), 30
substitute it with a positive exemption notice if-- 31
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(a) the commissioner is satisfied that the decision on the 1
application for the cancelled notice was based on wrong 2
or incomplete information and, based on the correct or 3
complete information, the commissioner should issue a 4
positive exemption notice to the person; or 5
(b) the negative exemption notice was issued on the basis 6
the person was a relevant disqualified person and the 7
person is no longer a relevant disqualified person; or 8
(c) the commissioner is satisfied that it is appropriate to 9
cancel the negative exemption notice having regard to 10
information not known to the commissioner at the time 11
the negative exemption notice was issued. 12
`(2) In making a decision under subsection (1), the commissioner 13
must make the decision as if it were a decision about an 14
exemption notice application and, for that purpose, division 8 15
applies in relation to making the decision. 16
`(3) If the commissioner's decision under subsection (2) is that the 17
person should be issued a positive exemption notice, the 18
commissioner may issue a positive exemption notice to the 19
person only if the commissioner is satisfied the person is 20
proposing, if the positive exemption notice is issued-- 21
(a) to be employed in regulated employment; or 22
(b) to carry on a regulated business. 23
Note-- 24
See, however, sections 257(1)(c) and 259. 25
`(4) The commissioner may cancel a person's negative exemption 26
notice under subsection (1) even if-- 27
(a) a positive exemption notice is not issued to the person 28
under subsection (3) until a later time; or 29
(b) a positive exemption notice is never issued to the person 30
under subsection (3). 31
`(5) If the commissioner's decision under subsection (2) is that the 32
person should be issued a negative exemption notice-- 33
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(a) the commissioner must not cancel the person's negative 1
exemption notice under subsection (1); and 2
(b) the person's negative exemption notice continues in 3
effect subject to section 289. 4
`(6) The commissioner may-- 5
(a) act under subsection (1) on the commissioner's own 6
initiative; or 7
(b) if a person has applied for the cancellation of the 8
person's negative exemption notice under section 9
294--act under subsection (1)(a) or (b) instead of 10
cancelling the person's negative exemption notice under 11
section 294. 12
`297 Cancelling positive exemption notice if relevant 13
disqualified person 14
`(1) This section applies if a person who is the holder of a positive 15
exemption notice, including a positive exemption notice that 16
is suspended under section 298, becomes a relevant 17
disqualified person other than only because the person is 18
subject to either or both of the following-- 19
(a) a temporary offender prohibition order; 20
(b) an interim sexual offender order. 21
Note-- 22
See section 298 in relation to the holder of a positive exemption notice 23
who becomes a relevant disqualified person because the holder is 24
subject to a temporary offender prohibition order or interim sexual 25
offender order (or both). 26
`(2) The commissioner must cancel the person's positive 27
exemption notice and substitute a negative exemption notice. 28
`(3) At the time the commissioner gives the person the negative 29
exemption notice, the commissioner must give the person a 30
further written notice stating-- 31
(a) the reasons for the decision; and 32
(b) the relevant review and appeal information; and 33
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(c) that the person may apply under section 294 for the 1
cancellation of the negative exemption notice unless the 2
person is a relevant disqualified person. 3
`(4) Also, the commissioner must give each notifiable person for 4
the person a written notice stating that the person's positive 5
exemption notice has been cancelled and the person has been 6
issued a negative exemption notice. 7
`(5) A notice given to the chief executive (child safety) under 8
subsection (4) about a person must state that the person was 9
issued the negative exemption notice under this section. 10
`(6) Also, the commissioner must consider whether notice must be 11
given under section 342(2)(a). 12
`298 Suspension of a positive exemption notice if charged 13
with disqualifying offence or subject to temporary or 14
interim order 15
`(1) This section applies if a person who is the holder of a positive 16
exemption notice (the suspended person)-- 17
(a) is charged with a disqualifying offence; or 18
(b) becomes a relevant disqualified person because the 19
person is subject to either or both of the following-- 20
(i) a temporary offender prohibition order; 21
(ii) an interim sexual offender order. 22
Note-- 23
If the holder of a positive exemption notice becomes a relevant 24
disqualified person for another reason, the positive exemption 25
notice must be cancelled under section 297. 26
`(2) The commissioner must, by written notice given to the 27
suspended person, suspend the person's positive exemption 28
notice. 29
`(3) The notice about the suspension must state the following-- 30
(a) that the positive exemption notice held by the suspended 31
person is suspended; 32
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(b) the reason for the suspension; 1
(c) how long the suspension will continue; 2
(d) the effect of the suspension; 3
(e) that the suspended person must return the positive 4
exemption notice to the commissioner within 7 days 5
after the notice about the suspension is given to the 6
person; 7
(f) the relevant review and appeal information. 8
`(4) Until the suspension ends, the suspended person must not-- 9
(a) apply for or start in regulated employment; or 10
(b) if the suspended person is in regulated employment 11
when the positive notice is suspended--perform work 12
that is regulated employment; or 13
(c) start or continue to carry on a regulated business. 14
Maximum penalty--500 penalty units or 5 years 15
imprisonment. 16
`(5) Within 7 days after the suspended person is given notice under 17
subsection (2), the person must return the person's positive 18
exemption notice to the commissioner. 19
Maximum penalty--100 penalty units. 20
`(6) The commissioner must give each notifiable person for the 21
suspended person a written notice stating the following-- 22
(a) that the positive exemption notice held by the suspended 23
person is suspended; 24
(b) how long the suspension will continue; 25
(c) the effect of the suspension; 26
(d) that the notifiable person must not allow the suspended 27
person to perform work that is regulated employment 28
while the suspended person's positive exemption notice 29
is suspended; 30
(e) that the suspended person's employer must not 31
terminate the suspended person's employment or 32
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continued employment solely or mainly because the 1
person's positive exemption notice is suspended. 2
`(7) Also, the commissioner must consider whether notice must be 3
given under section 342(2)(f). 4
`(8) A person to whom a notice is given under subsection (6) or (7) 5
must not allow the suspended person to perform work that is 6
regulated employment while the suspended person's positive 7
exemption notice is suspended. 8
Maximum penalty--200 penalty units. 9
`(9) A person's employer who is given a notice under subsection 10
(6) must not terminate the person's employment solely or 11
mainly because the person's positive exemption notice is 12
suspended. 13
Note-- 14
See also section 356(4). 15
`299 Ending of suspension and issue of further exemption 16
notice 17
`(1) This section applies to a positive exemption notice held by a 18
person that is suspended under section 298 (the suspended 19
notice). 20
`(2) The suspension ends if-- 21
(a) the suspended notice is cancelled under another 22
provision of this division; or 23
(b) on the commissioner's own initiative or on application 24
by the person-- 25
(i) the commissioner cancels the suspended notice and 26
issues a further positive exemption notice or a 27
negative exemption notice to the person; or 28
(ii) the commissioner cancels the suspended notice as 29
mentioned in subsection (5); or 30
(c) the positive exemption notice ceases to have effect under 31
section 289, including because the person's registration 32
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under the Education (Queensland College of Teachers) 1
Act 2005 is suspended under section 48 or 49 of that 2
Act. 3
`(3) In making a decision under subsection (2)(b) to cancel the 4
suspended notice and, subject to subsection (5), issue a further 5
positive exemption notice or a negative exemption notice, the 6
commissioner must make the decision as if it were a decision 7
about an exemption notice application and, for that purpose, 8
division 8 applies in relation to making the decision. 9
`(4) Without limiting subsection (3), if the commissioner must 10
decide whether or not there is an exceptional case for the 11
person and is proposing to issue a negative exemption notice 12
as mentioned in subsection (2)(b)-- 13
(a) the commissioner must comply with section 229(2) to 14
(5); and 15
(b) for that purpose, the reference in section 229(4) to 16
deciding the application is taken to include a reference 17
to deciding whether to issue a further positive exemption 18
notice or a negative exemption notice under this section. 19
Note-- 20
Section 229 is about inviting a person to make submissions about the 21
existence of an exceptional case for the person. 22
`(5) The commissioner may cancel the suspended notice without 23
issuing a further exemption notice to the person if the 24
commissioner is satisfied that the person is no longer 25
proposing to be employed in regulated employment or to 26
carry on a regulated business. 27
`(6) If the commissioner cancels the suspended notice and issues a 28
negative exemption notice to the person under subsection 29
(2)(b), the commissioner must give the person a written notice 30
stating-- 31
(a) the reasons for the commissioner's decision to cancel 32
the person's positive exemption notice and issue a 33
negative exemption notice to the person; and 34
(b) the relevant review and appeal information. 35
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`(7) If the commissioner cancels the suspended notice under this 1
section, the commissioner must-- 2
(a) give each notifiable person for the person a written 3
notice stating-- 4
(i) that the person's suspended notice has been 5
cancelled under this section; and 6
(ii) whether the person has been issued a further 7
positive exemption notice or a negative exemption 8
notice; and 9
(b) if section 293 applied in relation to the original 10
application for an exemption notice about the person 11
and the commissioner issues a further positive 12
exemption notice to the person--give the advice 13
mentioned in that section to the relevant chief executive. 14
`(8) Also, the commissioner must consider whether notice must be 15
given under section 342(2)(g). 16
`(9) Despite an application made by the person as mentioned in 17
subsection (2)(b)(ii), the commissioner is not required to 18
decide the application-- 19
(a) while a charge against the person for a disqualifying 20
offence is pending; or 21
(b) while the person is a relevant disqualified person 22
because the person is subject to a temporary offender 23
prohibition order or interim sexual offender order; or 24
(c) if the person has been convicted of a disqualifying 25
offence and-- 26
(i) the period allowed for an appeal relating to the 27
conviction or sentence of the person has not ended; 28
or 29
(ii) an appeal relating to the conviction or sentence has 30
started but has not been decided; or 31
(d) if the person is subject to a final offender prohibition 32
order, disqualification order or final sexual offender 33
order and-- 34
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(i) the period allowed for an appeal relating to the 1
order has not ended; or 2
(ii) an appeal relating to the order has started but has 3
not been decided. 4
`300 Notifying holder of expiry of positive exemption 5
notice if no longer police officer or registered teacher 6
`(1) This section applies if-- 7
(a) a person was issued a positive exemption notice on the 8
basis the person was a police officer and the person is no 9
longer a police officer; or 10
Note-- 11
See section 326 for the requirement that the police commissioner 12
notify the commissioner about a person who is no longer a 13
police officer. 14
(b) a person was issued a positive exemption notice on the 15
basis the person was a registered teacher and the person 16
is no longer a registered teacher, including because the 17
person's registration under the Education (Queensland 18
College of Teachers) Act 2005 is suspended under 19
section 48 or 49 of that Act. 20
Note-- 21
See the Education (Queensland College of Teachers) Act 2005, 22
section 285A for the requirement that the college of teachers 23
notify the commissioner about the cancellation, suspension, 24
surrender or ending of a person's registration under that Act. 25
`(2) The commissioner must give the person a written notice 26
stating that the person's positive exemption notice has ceased 27
to have effect under section 289. 28
`(3) The written notice must also advise the person that-- 29
(a) the person must immediately return the positive 30
exemption notice to the commissioner; and 31
(b) a prescribed notice application may be made about the 32
person if the person-- 33
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(i) is not a police officer or registered teacher; and 1
(ii) is not a disqualified person; and 2
(c) an exemption notice application may be made about the 3
person if the person is a police officer or registered 4
teacher. 5
`(4) Also, the commissioner must give each notifiable person for 6
the person a written notice stating that the positive exemption 7
notice held by the person has ceased to have effect under this 8
Act. 9
`(5) Also, the commissioner must consider whether notice must be 10
given under section 342(2)(e). 11
`301 Effect of negative exemption notice if person no 12
longer police officer or registered teacher 13
`(1) This section applies if-- 14
(a) a person was issued a negative exemption notice on the 15
basis the person was a police officer and the person is no 16
longer a police officer; or 17
Note-- 18
See section 326 for the requirement that the police commissioner 19
notify the commissioner about a person who is no longer a 20
police officer. 21
(b) a person was issued a negative exemption notice on the 22
basis the person was a registered teacher and the person 23
is no longer a registered teacher, including because the 24
person's registration under the Education (Queensland 25
College of Teachers) Act 2005 is suspended under 26
section 48 or 49 of that Act. 27
Note-- 28
See the Education (Queensland College of Teachers) Act 2005, 29
section 285A for the requirement that the college under that Act 30
notify the commissioner about the cancellation, suspension, 31
surrender or ending of a person's registration under that Act. 32
`(2) The negative exemption notice continues in effect despite 33
section 248. 34
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`(3) Subsection (4) applies if-- 1
(a) the negative exemption notice is cancelled under section 2
294 or 296; and 3
(b) the commissioner is required or permitted to issue a 4
positive exemption notice to the person; and 5
(c) the commissioner is aware the person is not a police 6
officer or registered teacher. 7
`(4) The commissioner must instead issue a positive notice to the 8
person. 9
`302 Cancelling positive exemption notice on holder's 10
request 11
`(1) A person, including a person whose positive exemption notice 12
is suspended under section 298, may, by written notice, ask 13
the commissioner to cancel the person's positive exemption 14
notice. 15
`(2) After receiving the written notice, the commissioner must-- 16
(a) cancel the positive exemption notice; and 17
(b) give the person a written notice stating that-- 18
(i) the positive exemption notice has been cancelled; 19
and 20
(ii) the person must not perform work that is regulated 21
employment other than in accordance with 22
subsection (3); and 23
(iii) the person must not carry on a regulated business 24
other than in accordance with section 197 or 259. 25
`(3) The person must not perform work that is regulated 26
employment unless-- 27
(a) if the person is a police officer or registered teacher-- 28
(i) the commissioner issues a further positive 29
exemption notice to the person; or 30
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(ii) an exemption notice application is made about the 1
person; or 2
(b) otherwise--the commissioner issues a positive notice to 3
the person. 4
Maximum penalty--500 penalty units or 5 years 5
imprisonment. 6
Note-- 7
See sections 197 and 259 in relation to carrying on a regulated business. 8
`(4) The commissioner must give written notice about the 9
cancellation of the person's positive exemption notice to each 10
notifiable person for the person. 11
`(5) Also, the commissioner must consider whether notice must be 12
given under section 342(2)(h). 13
`(6) A notice under subsection (4) or (5) must state that a person to 14
whom the notice is given must not allow the person whose 15
positive exemption notice is cancelled to perform work that is 16
regulated employment other than in circumstances mentioned 17
in subsection (3). 18
`Division 11 Return of exemption notices etc. 19
`303 Return of previously held exemption notice or 20
prescribed notice 21
`(1) This section applies if a person to whom an exemption notice 22
(new notice) is issued previously held an exemption notice or 23
prescribed notice (the old notice) other than a positive 24
exemption notice or positive notice that has been cancelled. 25
`(2) Unless the person has a reasonable excuse, the person must, 26
within 14 days after the new notice is issued, give the 27
commissioner-- 28
(a) the old notice; and 29
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(b) if the old notice was a positive notice--any positive 1
notice blue card relating to the old notice. 2
Maximum penalty--10 penalty units. 3
`304 Return of cancelled or expired positive exemption 4
notice 5
`(1) This section applies to a person with a positive exemption 6
notice if-- 7
(a) the commissioner cancels the notice; or 8
(b) the person is given notice under section 300 that the 9
positive exemption notice has ceased to have effect 10
under section 289. 11
`(2) The person must immediately return the positive exemption 12
notice to the commissioner, unless the person has a reasonable 13
excuse. 14
Maximum penalty--100 penalty units. 15
`Part 6 Provisions about obtaining or 16
dealing with information 17
relating to prescribed notices 18
and exemption notices 19
`Division 1 Investigative information 20
`305 Police commissioner may decide that information 21
about a person is investigative information 22
`(1) The police commissioner may decide under this section that 23
information about a person (the investigated person) is 24
investigative information if-- 25
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(a) there is or was evidence of acts or omissions that, at the 1
time of the acts or omissions, constituted a schedule 6 2
offence (the alleged offence) by the investigated person 3
against a person (the complainant); and 4
(b) the police investigated the alleged offence and the 5
investigated person was formally notified about the 6
investigation, including-- 7
(i) by participating in an interview, or by being asked 8
to participate in an interview, about the alleged 9
offence; or 10
(ii) by otherwise being given an opportunity to answer 11
allegations about the alleged offence; and 12
(c) there was sufficient evidence available that was capable 13
of establishing each element of the alleged offence but a 14
decision was made not to charge the investigated person 15
because-- 16
(i) the complainant died before the charge was 17
brought; or 18
(ii) either or both of the following applied-- 19
(A) the complainant was unwilling to proceed; 20
(B) an adult who, at the relevant time, was the 21
complainant's parent or guardian decided 22
that, in the interests of the complainant, the 23
matter should not proceed. 24
`(2) Evidence of acts or omissions includes information from a 25
third party if the complainant did not make a formal complaint 26
at or about the time of the investigation. 27
`(3) For this section, a schedule 6 offence is-- 28
(a) an offence against a provision of an Act mentioned in 29
schedule 6, column 1, subject to any qualification 30
relating to the provision mentioned opposite in column 31
3; or 32
(b) an offence of counselling or procuring the commission 33
of an offence of a kind mentioned in paragraph (a); or 34
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(c) an offence of attempting, or of conspiring, to commit an 1
offence of a kind mentioned in paragraph (a); or 2
(d) an offence that has, as an element, intention to commit 3
an offence of a kind mentioned in paragraph (a); or 4
(e) an offence that, at the time it was committed was an 5
offence of a kind mentioned in paragraph (a); or 6
(f) an offence under a law of another jurisdiction that, if it 7
had been committed in Queensland, would have 8
constituted an offence mentioned in paragraph (a), (b), 9
(c), (d) or (e). 10
Note-- 11
Column 2 in schedule 6 is included for information purposes only and 12
states a section heading for the provision mentioned opposite in column 13
1. 14
`(4) For subsection (3), it is immaterial if a provision mentioned in 15
schedule 6, column 1, for an Act has been amended from time 16
to time or that the provision was previously numbered with a 17
different number. 18
`306 Police commissioner not to delegate power under s 19
305 20
`Despite the Police Service Administration Act 1990, section 21
4.10, the police commissioner may not delegate the police 22
commissioner's powers under section 305 other than to a 23
police officer of at least the rank of superintendent. 24
`307 Appeal against police commissioner's decision that 25
information is investigative information 26
`(1) This section applies if-- 27
(a) the police commissioner decides that information about 28
a person is investigative information; and 29
(b) the investigative information is given, under division 2, 30
to the commissioner; and 31
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(c) after the investigative information is given to the 1
commissioner, any of the following happens (relevant 2
event)-- 3
(i) a negative notice or negative exemption notice is 4
issued to a person; 5
(ii) the person's positive notice is cancelled and a 6
negative notice or negative exemption notice is 7
substituted for it; 8
(iii) the person's positive exemption notice is cancelled 9
and a negative exemption notice is substituted for 10
it; 11
(iv) the person's eligibility application is refused. 12
`(2) The person may appeal to a Magistrates Court about the 13
police commissioner's decision mentioned in subsection (1). 14
`(3) However, an appeal under subsection (2) may only be made 15
within 28 days after the person is given written notice of the 16
relevant event. 17
`(4) The commissioner and police commissioner must be given a 18
copy of the notice of appeal. 19
`(5) QCAT does not have jurisdiction to review a decision of the 20
police commissioner that information about a person is 21
investigative information or that information that is 22
investigative information may be given to the commissioner. 23
`308 Court to decide matters afresh 24
`(1) A Magistrates Court hearing an appeal under section 307 is to 25
decide afresh whether information given to the commissioner 26
as investigative information about a person is investigative 27
information. 28
`(2) A person who is the relevant complainant under section 305 29
must not be asked or called on by the investigated person 30
under that section to give evidence in person before the court. 31
`(3) Subsection (2) does not prevent documentary evidence being 32
tendered and received in evidence by the court. 33
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`(4) After hearing an appeal under section 307, the court may 1
confirm or set aside the decision and the court must give the 2
appellant notice of the decision. 3
`(5) For subsection (4), the court must have regard to the matters 4
the police commissioner was required to have regard to under 5
this Act when the police commissioner made the decision. 6
`309 Consequence of decision on appeal 7
`(1) This section applies if a Magistrates Court hears and decides 8
an appeal against the police commissioner's decision under 9
section 305 that information given to the commissioner about 10
a person is investigative information. 11
`(2) If the court sets aside the decision appealed against, the 12
person may-- 13
(a) if the person was issued a negative notice on the basis of 14
the information--apply under section 236 to cancel the 15
negative notice issued to the person on the grounds that 16
the decision to issue the notice was based on wrong 17
information; or 18
(b) if the person was issued a negative exemption notice on 19
the basis of the information--apply under section 294 to 20
cancel the negative exemption notice issued to the 21
person on the grounds that the decision to issue the 22
notice was based on wrong information; or 23
(c) if the person's eligibility application was refused on the 24
basis of the information--apply under section 186 for 25
the commissioner to revoke the refusal on the grounds 26
the refusal was based on wrong information. 27
`(3) If the court confirms the decision appealed against-- 28
(a) the person who appealed the decision may apply, within 29
28 days after receiving the notice under section 308(4) 30
and as otherwise provided under the QCAT Act, to 31
QCAT for a review of a decision of the commissioner 32
if-- 33
(i) the person is not a disqualified person; and 34
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(ii) the decision is a chapter 8 reviewable decision; and 1
(b) the notice under section 308(4) must state how, and the 2
period within which, the person may apply for the 3
review. 4
`(4) If a person applies under subsection (3)(a) to have a decision 5
reviewed, QCAT may not-- 6
(a) stay the operation of the decision; or 7
(b) grant an injunction in the proceeding for the review. 8
`(5) In this section-- 9
issue-- 10
(a) in relation to a negative notice--includes substitute a 11
negative notice after cancelling a positive notice; and 12
(b) in relation to a negative exemption notice--includes 13
substitute a negative exemption notice after cancelling a 14
positive exemption notice or positive notice. 15
`Division 2 Obtaining information from police 16
commissioner 17
`310 Application of div 2 18
`This division applies to a person if-- 19
(a) the person has a current positive notice or current 20
positive exemption notice; or 21
(b) the commissioner has received a prescribed notice 22
application or exemption notice application about the 23
person and the application has not been withdrawn; or 24
(c) the person has applied to the commissioner to cancel a 25
negative notice or negative exemption about the person; 26
or 27
(d) the person has applied, under section 241, to the 28
commissioner to cancel the person's positive notice that 29
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is suspended and issue a further positive notice to the 1
person; or 2
(e) the person has applied, under section 243, to the 3
commissioner to cancel the person's positive notice that 4
is suspended and issue a further positive notice or 5
positive exemption notice to the person; or 6
(f) the person has applied, under section 299, to the 7
commissioner to cancel the person's positive exemption 8
notice that is suspended and issue a further positive 9
exemption notice to the person; or 10
(g) the commissioner has received an eligibility application 11
about the person and the application has not been 12
withdrawn; or 13
(h) the commissioner has issued an eligibility declaration to 14
the person and the eligibility declaration has not 15
expired; or 16
(i) the commissioner has issued a negative notice or 17
negative exemption notice to the person and-- 18
(i) the person has made an application under section 19
309(3) or 354 that has not been decided; or 20
(ii) an appeal to an entity has been made in relation to 21
an application under section 309(3) or 354 and the 22
appeal has not been decided. 23
`311 Commissioner may ask police commissioner for 24
information 25
`(1) The commissioner may ask the police commissioner for 26
information, or for access to the police commissioner's 27
records, to enable the commissioner to learn what, if any, 28
police information exists in relation to the person. 29
`(2) For subsection (1), the commissioner's request may include 30
the following information-- 31
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(a) the person's name and any other name that the 1
commissioner believes the person may use or may have 2
used; 3
(b) the person's gender and date and place of birth; 4
(c) the person's address; 5
(d) if the person is currently the holder of a prescribed 6
notice--any number or date relevant to the prescribed 7
notice or any positive notice blue card relating to the 8
notice; 9
(e) if the person is currently the holder of an exemption 10
notice--any number or date relevant to the exemption 11
notice; 12
(f) if the request relates to a person employed in regulated 13
employment--whether or not the person carries out the 14
work as a volunteer; 15
(g) the basis on which the commissioner may request 16
information about the person, including, for example, by 17
referencing the relevant provision of section 310. 18
`(3) If there is police information about the person, the 19
commissioner may ask the police commissioner for-- 20
(a) a brief description of the circumstances of a conviction, 21
charge or investigative information mentioned in the 22
police information; or 23
(b) a section 93A transcript relating to an offence 24
mentioned in the police information. 25
`(4) If the commissioner decides that information requested under 26
subsection (1) or (3) about the person is no longer required, 27
the commissioner must tell the police commissioner not to 28
provide the information. 29
`312 Police commissioner to comply with request 30
`(1) The police commissioner must comply with a request under 31
section 311(1) or (3) unless the police commissioner is, under 32
section 311(4), told not to provide the information. 33
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`(2) However, the duty imposed on the police commissioner to 1
comply with the request applies only to information in the 2
police commissioner's possession or to which the police 3
commissioner has access. 4
`(3) The police commissioner need not disclose investigative 5
information about a person to the commissioner under this 6
division if the police commissioner is reasonably satisfied that 7
giving the information may do any of the following-- 8
(a) prejudice the investigation of a contravention or possible 9
contravention of the law in a particular case; 10
(b) enable the existence or identity of a confidential source 11
of information, in relation to the enforcement or 12
administration of the law, to be ascertained; 13
(c) prejudice the effectiveness of a lawful method or 14
procedure for preventing, detecting, investigating or 15
dealing with a contravention or possible contravention 16
of the law; 17
(d) endanger a person's life or physical safety. 18
`(4) To remove any doubt, it is declared that, despite the Youth 19
Justice Act 1992, part 9, the police commissioner may 20
disclose information to which that part applies to the 21
commissioner for complying with a request under section 22
311(1) or (3). 23
`313 Information to be given about relevant disqualified 24
person 25
`If the police commissioner gives the commissioner 26
information under section 312 about a person who is or has 27
been a relevant disqualified person, the information must 28
include the following information about the person-- 29
(a) that the person is or has been a relevant disqualified 30
person; 31
(b) if the person is or has been subject to a disqualification 32
order--the duration and details of the disqualification 33
order; 34
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(c) if the person is or has been subject to an offender 1
prohibition order-- 2
(i) a brief description of the conduct that gave rise to 3
the order; and 4
(ii) the duration and details of the order, including 5
whether it is or was a temporary offender 6
prohibition order or a final offender prohibition 7
order. 8
`314 Information to be given about person subject of 9
application for disqualification order or offender 10
prohibition order 11
`If the police commissioner gives the commissioner 12
information under section 312 about a person who is or has 13
been the subject of an application for a disqualification order, 14
or named as the respondent for an application for an offender 15
prohibition order, and the order was not made, the information 16
must include the following information about the person-- 17
(a) that the person is or has been the subject of an 18
application for a disqualification order or named as the 19
respondent for an application for an offender prohibition 20
order and the order was not made; 21
(b) the reasons why the application was made; 22
(c) the reasons why the order was not made; 23
(d) if the application was for an offender prohibition order 24
and the magistrate or court hearing the application 25
decided not to make a CPOPOA disqualification order 26
for the person--the reasons why the CPOPOA 27
disqualification order was not made. 28
`315 Police commissioner to notify person about 29
investigative information given about the person 30
`If the police commissioner gives investigative information 31
about a person to the commissioner under this division, the 32
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police commissioner must give notice, in the approved form, 1
to the person that-- 2
(a) the police commissioner has decided that information 3
about the person is investigative information; and 4
(b) investigative information has been given to the 5
commissioner. 6
`316 Use of information given to police commissioner 7
`(1) Information given to the police commissioner under this 8
division must not be accessed or disclosed for any purpose 9
except for a purpose under this chapter or any other purpose 10
relevant to law enforcement. 11
`(2) Information given to the police commissioner under this 12
division must not be used for any purpose except if-- 13
(a) for information other than information about a 14
withdrawal--the use is for a purpose under this chapter 15
or for any other purpose relating to child protection; or 16
(b) for information about a withdrawal--the use is for a 17
purpose under this chapter. 18
`(3) However, subsections (1) and (2) do not apply to information 19
the police commissioner obtained before the commissioner 20
gave the information to the police commissioner under this 21
section. 22
`(4) In this section-- 23
withdrawal means withdrawal of any of the following-- 24
(a) a prescribed notice application; 25
(b) an exemption notice application; 26
(c) a person's consent to employment screening under this 27
chapter; 28
(d) an eligibility application. 29
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`317 Notice of change in police information about a 1
person 2
`(1) This section applies if, for a person in relation to whom any of 3
the following happens (the relevant event), the police 4
commissioner reasonably suspects the person is a person 5
mentioned in section 310(a) to (i)-- 6
(a) the person's criminal history changes; 7
(b) the police commissioner decides, under section 305, that 8
information about the person is investigative 9
information (regardless of when the act or omission 10
relevant to the investigative information happened or is 11
alleged to have happened); 12
(c) the person becomes, or is no longer, a relevant 13
disqualified person; 14
(d) the person is named as the respondent for an application 15
for an offender prohibition order. 16
`(2) For a relevant event mentioned in subsection (1)(a) or (b), the 17
police commissioner may notify the commissioner of the 18
following-- 19
(a) that the relevant event has happened; 20
(b) if subsection (1)(a) applies because the person has been 21
charged with or convicted of an offence-- 22
(i) the offence the person has been charged with or 23
convicted of; and 24
(ii) the particulars of the offence; and 25
(iii) the date of the charge or conviction. 26
`(3) For a relevant event mentioned in subsection (1)(c) or (d), the 27
police commissioner must notify the commissioner of the 28
following-- 29
(a) that the relevant event has happened; 30
(b) if subsection (1)(c) applies because the person has 31
become a relevant disqualified person--the information 32
mentioned in section 313; 33
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(c) if subsection (1)(d) applies--the information mentioned 1
in section 314 in relation to the offender prohibition 2
order. 3
`(4) A notice given under subsection (2) or (3) must state the 4
following-- 5
(a) the person's name and any other name that the police 6
commissioner believes the person may use or may have 7
used; 8
(b) the person's gender and date and place of birth. 9
`(5) The commissioner may confirm the police commissioner's 10
suspicions under subsection (1). 11
`(6) However, the duty imposed on the police commissioner to 12
provide information to the commissioner under this section 13
applies only to information in the police commissioner's 14
possession or to which the police commissioner has access. 15
`(7) If the person is a person mentioned in section 323(1), 324(1) 16
or 325(1), the commissioner, on receiving notice under 17
subsection (2) or (3), may write to the person to inform the 18
person of the person's obligations under sections 323(2), 19
324(2) or 325(2). 20
Note-- 21
Sections 323 to 325 impose obligations on particular persons to notify 22
particular entities of changes in police information. 23
`(8) For a person who does not have a criminal history, there is 24
taken to be a change in the person's criminal history if the 25
person acquires a criminal history. 26
`(9) To remove any doubt, it is declared that, despite the Youth 27
Justice Act 1992, part 9, the police commissioner may 28
disclose information to which that part applies to the 29
commissioner under this section. 30
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`Division 3 Obtaining police information from 1
other State entities 2
`318 Obtaining information from director of public 3
prosecutions 4
`(1) This section applies to a person mentioned in section 310. 5
`(2) If the commissioner becomes aware that the person has been 6
charged with or convicted of an offence, the commissioner 7
may, by written notice, ask the director of public prosecutions 8
for the following-- 9
(a) a written statement briefly describing the circumstances 10
of a charge or conviction for the offence; 11
(b) a copy or written summary of evidentiary material about 12
the offence; 13
(c) if a charge for the offence was not proceeded with--a 14
written summary of the reasons why the charge was not 15
proceeded with. 16
`(3) The commissioner's request may include the following 17
information-- 18
(a) the person's name and any other name the commissioner 19
believes the person may use or have used; 20
(b) the person's gender and date and place of birth. 21
`(4) The director of public prosecutions may comply with a 22
request under subsection (2) if the director reasonably 23
believes the statement, copy or summary may help the 24
commissioner in making an employment-screening decision 25
about the person. 26
`(5) However, the director of public prosecutions must not give the 27
commissioner a copy or written summary of evidentiary 28
material about the offence that relates only to a person other 29
than the person about whom the request is made. 30
Example of evidentiary material for subsection (5)-- 31
a report by an expert about a person other than the person about whom 32
the request is made. 33
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`(6) The director of public prosecutions must not give information, 1
or a document containing information, to the commissioner 2
under this section if the director is reasonably satisfied that 3
giving the information may do any of the following-- 4
(a) prejudice the investigation of a contravention or possible 5
contravention of the law in a particular case; 6
(b) enable the existence or identity of a confidential source 7
of information, in relation to the enforcement or 8
administration of the law, to be ascertained; 9
(c) prejudice the effectiveness of a lawful method or 10
procedure for preventing, detecting, investigating or 11
dealing with a contravention or possible contravention 12
of the law; 13
(d) prejudice a prosecution or another matter before a court; 14
(e) endanger a person's life or physical safety. 15
`(7) The giving of information, or a document containing 16
information, under this section by the director of public 17
prosecutions is authorised despite any other Act or law, 18
including a law imposing an obligation to maintain 19
confidentiality about the information. 20
Note-- 21
See sections 384 and 385 for restrictions on disclosing or giving access 22
to information or documents obtained under this Act. 23
`(8) Without limiting subsection (7), this section applies despite 24
the Director of Public Prosecutions Act 1984, section 24A. 25
`(9) In this section-- 26
evidentiary material, about an offence, means material 27
compiled in the course of the investigation or prosecution of 28
the offence, including, for example, the following-- 29
(a) a summary of the circumstances of the alleged offence 30
prepared by a police officer; 31
Examples-- 32
bench charge sheet, QP9 33
(b) a witness statement; 34
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(c) an indictment; 1
(d) a record of an interview or a transcript of a record of an 2
interview, including a section 93A transcript; 3
(e) a report by an expert about the person alleged to have 4
committed the offence. 5
`319 Obtaining information from chief executive 6
(corrective services) 7
`(1) The chief executive (corrective services) must give the 8
commissioner written notice of each person who is or 9
becomes subject to a sexual offender order. 10
`(2) The written notice must state the following-- 11
(a) the person's name; 12
(b) that the person is subject to a sexual offender order; 13
(c) any other information the chief executive (corrective 14
services) reasonably considers is necessary for the 15
commissioner to perform a function or exercise a power 16
under this chapter. 17
`(3) The chief executive (corrective services) and the 18
commissioner may enter into a written arrangement by which 19
written notices are given under subsection (1). 20
`(4) Without limiting subsection (3), the arrangement may provide 21
for the written notices to be given electronically. 22
`(5) However, if written notices under subsection (1) are to be 23
given electronically and, under an Act, there is a limitation on 24
who may access the information mentioned in the notices or 25
the purposes for which that information may be used, the 26
arrangement must provide for the limitation. 27
`(6) The disclosure of information by the chief executive 28
(corrective services) under this section is authorised despite 29
any other Act or law, including a law imposing an obligation 30
to maintain confidentiality about the information. 31
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Note-- 1
See sections 384 and 385 for restrictions on disclosing or giving access 2
to information or documents obtained under this Act. 3
`(7) In this section-- 4
chief executive (corrective services) means the chief 5
executive of the department in which the Corrective Services 6
Act 2006 is administered. 7
`Division 4 Obtaining information from 8
interstate police commissioner 9
`320 Requesting further information about interstate 10
convictions and charges 11
`(1) This section applies if police information about a person 12
obtained under division 2 includes-- 13
(a) a conviction of the person for an offence in another 14
State, including an interstate spent conviction of the 15
person; or 16
(b) an interstate charge against the person. 17
`(2) The commissioner may ask an interstate police commissioner 18
for a brief description of the circumstances of the conviction 19
or charge. 20
`(3) The commissioner's request may include the following 21
information-- 22
(a) the person's name and any other name the commissioner 23
believes the person may use or have used; 24
(b) the person's gender and date and place of birth. 25
`(4) To remove any doubt, it is declared that this section applies in 26
relation to-- 27
(a) a conviction of a person whether the conviction 28
happened before or after the commencement of this 29
section; and 30
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(b) an interstate charge against a person whether the offence 1
to which the charge relates was committed or alleged to 2
have been committed before or after the commencement 3
of this section. 4
`(5) In this section-- 5
interstate charge, made against a person, means a charge 6
against the person for an offence alleged to have been 7
committed by the person against a law of another State or the 8
Commonwealth. 9
interstate police commissioner means the commissioner of a 10
police force or service of another State or the Commonwealth. 11
interstate rehabilitation law means a law applying, or that 12
applied, in another State or the Commonwealth, that provides, 13
or provided, for the same matter as the Criminal Law 14
(Rehabilitation of Offenders) Act 1986. 15
interstate spent conviction, of a person, means a conviction 16
for an offence committed by the person against a law of 17
another State or the Commonwealth that the person is not 18
required to disclose under an interstate rehabilitation law 19
because-- 20
(a) a rehabilitation period prescribed under that law for the 21
conviction has expired; and 22
(b) the conviction has not been revived under that law. 23
`Division 5 Changes in information or status 24
`321 Acquiring police information 25
`For a person in relation to whom police information does not 26
exist, there is taken to be a change in the person's police 27
information if the person acquires police information. 28
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`322 Effect of conviction for serious offence 1
`(1) This section applies to a person with a current positive notice 2
or current positive exemption notice if the person is convicted 3
of a serious offence. 4
Notes-- 5
1 See sections 237(1)(b)(ii) and 239 for the commissioner's power to 6
cancel a positive notice if the holder of the notice is convicted of an 7
offence. 8
2 See sections 295(1)(b)(ii) and 297 for the commissioner's power to 9
cancel a positive exemption notice if the holder of the notice is 10
convicted of an offence. 11
`(2) The person must immediately return the positive notice or 12
positive exemption notice to the commissioner, unless the 13
person has a reasonable excuse. 14
Maximum penalty--100 penalty units. 15
`(3) Until and unless a prescribed event happens for the person, the 16
following applies-- 17
(a) if the person is employed in regulated employment, the 18
person must not perform work that is regulated 19
employment; 20
(b) if the person is not employed in regulated employment, 21
the person must not start regulated employment; 22
(c) the person must not start or continue carrying out a 23
regulated business. 24
Maximum penalty--500 penalty units or 5 years 25
imprisonment. 26
`(4) For subsection (3), a prescribed event happens for a person 27
if-- 28
(a) the person gives the person's positive notice or positive 29
exemption notice to the commissioner under subsection 30
(2), and the commissioner returns the positive notice or 31
positive exemption notice to the person; or 32
(b) the person is issued a new positive notice or positive 33
exemption notice. 34
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`(5) In this section, a reference to a person's positive notice is 1
taken to include a reference to any positive notice blue card 2
relating to the notice. 3
`323 Effect of change in police information about 4
employee 5
`(1) This section applies to a person employed in regulated 6
employment if the person becomes aware that there is a 7
change in the person's police information. 8
`(2) The person must immediately disclose to the person's 9
employer that there has been a change in the person's police 10
information. 11
Maximum penalty--100 penalty units. 12
`(3) On receiving the disclosure, the person's employer must not 13
continue to employ the person in regulated employment 14
without notifying the commissioner, in the approved form, of 15
the change in the person's police information. 16
Maximum penalty--100 penalty units. 17
`(4) To remove any doubt, it is declared that-- 18
(a) it is not a requirement of subsection (2) that the person 19
give the person's employer any information about the 20
change other than that a change has happened; and 21
(b) unless otherwise required under this chapter, it is not a 22
requirement that the employer stop employing the 23
person on receiving the disclosure. 24
`324 Person carrying on a regulated business to notify 25
commissioner of change in police information 26
`(1) This section applies to a person carrying on a regulated 27
business if the person becomes aware that there is a change in 28
the person's police information. 29
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`(2) The person must immediately notify the commissioner, in the 1
approved form, of the change in the person's police 2
information. 3
Maximum penalty--100 penalty units. 4
`325 Effect of change in police information about other 5
persons 6
`(1) This section applies if-- 7
(a) a person has a current positive notice or current positive 8
exemption notice; and 9
(b) there has been a change in the person's police 10
information since the notice was issued; and 11
(c) the person is not employed in regulated employment or 12
carrying on a regulated business; and 13
(d) the commissioner has not been notified about the change 14
under section 323 or 324. 15
`(2) Before starting regulated employment, the person must notify 16
the person's proposed employer that there has been a change 17
in the person's police information since the person's current 18
positive notice or positive exemption notice was issued. 19
Maximum penalty--100 penalty units. 20
`(3) On receiving the disclosure, the employer must not employ 21
the person in regulated employment without notifying the 22
commissioner, in the approved form, of the change in police 23
information. 24
Maximum penalty--100 penalty units. 25
`(4) Before starting to carry on a regulated business, the person 26
must notify the commissioner, in the approved form, of the 27
change in police information. 28
Maximum penalty--100 penalty units. 29
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`326 Police commissioner to advise commissioner if 1
person ceases to be police officer 2
`(1) This section applies if-- 3
(a) the police commissioner is aware that-- 4
(i) an exemption notice application has been made 5
about a person; or 6
(ii) a person holds an exemption notice; and 7
(b) the person has ceased to be a police officer. 8
`(2) The police commissioner must notify the commissioner that 9
the person is no longer a police officer. 10
`327 Effect of person ceasing to be police officer 11
`(1) This section applies to a person who is a police officer 12
employed in regulated employment if the person ceases to be 13
a police officer. 14
`(2) The person must immediately notify the person's employer in 15
relation to the regulated employment of the person ceasing to 16
be a police officer. 17
Maximum penalty--10 penalty units. 18
Note-- 19
See part 4, divisions 3 to 5 for offences about the employment of a 20
person who is not a police officer or registered teacher in regulated 21
employment. 22
`(3) To remove any doubt, it is declared that-- 23
(a) it is not a requirement of subsection (2) that the person 24
give the person's employer any information about the 25
circumstances of the person ceasing to be a police 26
officer other than that it has happened; and 27
(b) unless otherwise required under this chapter, it is not a 28
requirement that the employer stop employing the 29
person on receiving the notification. 30
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`328 Effect of person ceasing to be registered teacher 1
`(1) This section applies to a person who is a registered teacher 2
employed in regulated employment if the person surrenders 3
the person's registration under the Education (Queensland 4
College of Teachers) Act 2005, section 59. 5
`(2) The person must immediately notify the person's employer in 6
relation to the regulated employment of the surrender. 7
Maximum penalty--10 penalty units. 8
Note-- 9
See part 4, divisions 3 to 5 for offences about the employment of a 10
person who is not a police officer or registered teacher in regulated 11
employment. 12
`(3) To remove any doubt, it is declared that-- 13
(a) it is not a requirement of subsection (2) that the person 14
give the person's employer any information about the 15
surrender other than that it has happened; and 16
(b) unless otherwise required under this chapter, it is not a 17
requirement that the employer stop employing the 18
person on receiving the notification. 19
`Division 6 Obtaining report about person's 20
mental health 21
`329 Application of div 6 22
`(1) This division applies if-- 23
(a) the commissioner is deciding whether or not there is an 24
exceptional case for a person who has been-- 25
(i) charged with or convicted of a serious offence; or 26
(ii) charged with or convicted of an offence, other than 27
a serious offence, relating to or involving a child; 28
and 29
(b) the commissioner reasonably believes it is necessary to 30
consider a report about the person's mental health 31
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prepared under this division for deciding whether or not 1
there is an exceptional case for the person. 2
`(2) For subsection (1)(b), the commissioner may form the 3
reasonable belief only if-- 4
(a) in relation to the charge or conviction mentioned in 5
subsection (1)(a)-- 6
(i) the matter of the person's mental condition relating 7
to the offence has been or was referred to the 8
Mental Health Court or an entity of another State 9
with similar functions to that court; or 10
(ii) a court has ordered the person to undertake 11
treatment of a psychiatric nature; or 12
(iii) a court has been given a report about the person's 13
mental health prepared by a registered health 14
practitioner; or 15
(b) the commissioner has, under this chapter, been given a 16
report about the person's mental health prepared by a 17
registered health practitioner. 18
`330 Commissioner may request person to undergo 19
examination by registered health practitioner etc. 20
`(1) The commissioner may, by written notice, ask the person-- 21
(a) to undergo an examination by a registered health 22
practitioner nominated by the commissioner, and any 23
further examination required by the health practitioner, 24
so that a report about the person's mental health can be 25
given to the commissioner under this division; and 26
(b) to give the commissioner consent to obtain a report 27
about the person's mental health from the registered 28
health practitioner who conducts the examination. 29
`(2) The notice given under subsection (1) must state the 30
following-- 31
(a) the reasons for the commissioner's request; 32
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(b) the name and qualifications of the registered health 1
practitioner nominated by the commissioner to conduct 2
the examination; 3
(c) when and where the examination is to be conducted; 4
(d) that the health practitioner may require the person to 5
undergo further examinations so that a report about the 6
person's mental health can be prepared; 7
(e) that, under section 226, the commissioner must have 8
regard to the report about the person's mental health 9
prepared under this division in deciding whether or not 10
there is an exceptional case for the person; 11
(f) that the person may withdraw the person's consent to 12
employment screening under this chapter or, if the 13
person is an applicant, the person's application under 14
this chapter; 15
(g) that, if the person fails to undergo the examination, and 16
any further examination required by the registered 17
health practitioner, or to give the consent mentioned in 18
subsection (1)(b), either-- 19
(i) the person's consent to employment screening 20
under this chapter or, if the person is an applicant, 21
the person's application under this chapter may be 22
withdrawn by the commissioner giving the person 23
written notice of the withdrawal; or 24
(ii) the commissioner may decide whether or not there 25
is an exceptional case for the person in the absence 26
of a report about the person's mental health. 27
`(3) If the person does not comply with the commissioner's 28
request under subsection (1), the commissioner may decide 29
whether or not there is an exceptional case for the person in 30
the absence of a report about the person's mental health. 31
Note-- 32
See also section 184 (in relation to the withdrawal of an eligibility 33
application), section 206 or 216 (in relation to the withdrawal of a 34
prescribed notice application) or section 267 or 278 (in relation to the 35
withdrawal of an exemption notice application). 36
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`331 Nominating registered health practitioner to conduct 1
examination 2
`The commissioner may nominate a registered health 3
practitioner to conduct an examination under this division 4
only if the commissioner is reasonably satisfied the health 5
practitioner has the necessary qualifications, expertise or 6
experience to conduct the examination. 7
`332 Registered health practitioner obtaining information 8
from Mental Health Court 9
`(1) This section applies if-- 10
(a) the person (charged person) has been charged with, but 11
not convicted of-- 12
(i) a serious offence; or 13
(ii) an offence, other than a serious offence, relating to 14
or involving a child; and 15
(b) the matter of the charged person's mental condition 16
relating to the offence has been referred to the Mental 17
Health Court; and 18
(c) the commissioner is reasonably satisfied that it may be 19
necessary or desirable for a registered health practitioner 20
conducting an examination of the charged person under 21
this division to have regard to information mentioned in 22
subsection (2) for preparing a report about the person's 23
mental health. 24
`(2) The commissioner may, by written notice, ask the charged 25
person to give the Mental Health Court consent to give the 26
registered health practitioner the following information-- 27
(a) the court's decision in relation to the reference; 28
(b) the court's reasons for its decision; 29
(c) a copy or written summary of any expert's report about 30
the person received in evidence by the court, including, 31
for example, a medical report, psychiatrist's report or 32
expert report that accompanied the reference; 33
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(d) transcripts of a hearing conducted for the reference that 1
the court has directed may be given to a party to the 2
hearing or another person. 3
`(3) The written notice must state the following-- 4
(a) the reasons for the commissioner's request; 5
(b) that, if the charged person fails to give the consent, the 6
person's consent to employment screening under this 7
chapter or, if the person is an applicant, the person's 8
application under this chapter may be withdrawn by the 9
commissioner giving the person written notice of the 10
withdrawal. 11
`(4) If the charged person gives the consent, the Mental Health 12
Court may give the information mentioned in subsection (2) 13
to the commissioner for giving it to the registered health 14
practitioner. 15
`(5) However, information or documents given under this section 16
must not include-- 17
(a) any record of material given to the court under the 18
Mental Health Act 2000, section 284, or of how the 19
material was taken into account; or 20
(b) the Mental Health Court's reasons for taking material 21
mentioned in paragraph (a) into account or not taking 22
the material into account; or 23
(c) the content of an expert report about a person other than 24
the charged person; or 25
(d) information about a person other than the charged 26
person the Mental Health Court reasonably considers is 27
not relevant to the registered health practitioner 28
preparing a report about the charged person's mental 29
health. 30
`(6) Also, the Mental Health Court must not give information, or a 31
document containing information, under this section if the 32
court is reasonably satisfied that giving the information may 33
do any of the following-- 34
(a) prejudice an investigation or a matter before the court; 35
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(b) prejudice the investigation of a contravention or possible 1
contravention of the law in a particular case; 2
(c) enable the existence or identity of a confidential source 3
of information, in relation to the enforcement or 4
administration of the law, to be ascertained; 5
(d) prejudice the effectiveness of a lawful method or 6
procedure for preventing, detecting, investigating or 7
dealing with a contravention or possible contravention 8
of the law; 9
(e) prejudice a prosecution or another matter before another 10
court; 11
(f) endanger a person's life or physical safety; 12
(g) adversely affect a person's mental health. 13
`(7) If the commissioner is given information under this section to 14
give to the registered health practitioner, the commissioner-- 15
(a) must give the information to the registered health 16
practitioner as soon as possible; and 17
(b) must not use the information for any purpose other than 18
giving it to the registered health practitioner. 19
`(8) The giving of information under this section by the Mental 20
Health Court is authorised despite any other Act or law, 21
including a law imposing an obligation to maintain 22
confidentiality about the information. 23
Note-- 24
See sections 334, 384 and 385 for restrictions on disclosing or giving 25
access to information or documents obtained under this section. 26
`(9) Without limiting subsection (8)-- 27
(a) information may be given under this section even if the 28
information can not be disclosed to the charged person 29
under a confidentiality order under the Mental Health 30
Act 2000, section 426; and 31
(b) this section applies in relation to an expert's report 32
despite the Mental Health Act 2000, section 318. 33
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`(10) A decision of the Mental Health Court not to give an expert 1
report about the charged person under this section does not 2
prevent the commissioner applying under the Mental Health 3
Act 2000, section 318(2) for leave of the court to give the 4
report to the registered health practitioner. 5
`333 Registered health practitioner obtaining information 6
from Mental Health Review Tribunal 7
`(1) This section applies if-- 8
(a) the person (charged person) has been charged with, but 9
not convicted of-- 10
(i) a serious offence; or 11
(ii) an offence, other than a serious offence, relating to 12
or involving a child; and 13
(b) the Mental Health Review Tribunal has reviewed the 14
person's mental condition under the Mental Health Act 15
2000, chapter 6, part 3 or 4; and 16
(c) the commissioner is reasonably satisfied that it may be 17
necessary or desirable for the registered health 18
practitioner conducting an examination of the charged 19
person under this division to have regard to information 20
mentioned in subsection (2) for preparing a report about 21
the person's mental health. 22
`(2) The commissioner may, by written notice, ask the charged 23
person to give the Mental Health Review Tribunal consent to 24
give the registered health practitioner the following 25
information-- 26
(a) the tribunal's decision on the review; 27
(b) the tribunal's reasons for the decision; 28
(c) a copy or written summary of any expert's report about 29
the charged person received by the tribunal in the 30
proceeding for the review, including, for example, a 31
report about an examination of the person by a 32
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psychiatrist under the Mental Health Act 2000, section 1
203A; 2
(d) transcripts of a hearing conducted for the review that the 3
tribunal has directed may be given to a party to the 4
hearing or another person. 5
`(3) The written notice must state the following-- 6
(a) the reasons for the commissioner's request; 7
(b) that, if the charged person fails to give the consent, the 8
person's consent to employment screening under this 9
chapter or, if the person is an applicant, the person's 10
application under this chapter may be withdrawn by the 11
commissioner giving the person written notice of the 12
withdrawal. 13
`(4) If the person gives the consent, the Mental Health Review 14
Tribunal may give the information mentioned in subsection 15
(2) to the commissioner for giving it to the registered health 16
practitioner. 17
`(5) However, information or documents given under this section 18
must not include-- 19
(a) any record of material given to the tribunal under the 20
Mental Health Act 2000, section 464, or of how the 21
material was taken into account; or 22
(b) the Mental Health Review Tribunal's reasons for taking 23
material mentioned in paragraph (a) into account or not 24
taking the material into account; or 25
(c) the content of an expert report about a person other than 26
the charged person; or 27
(d) information about a person other than the charged 28
person the Mental Health Review Tribunal reasonably 29
considers is not relevant to the registered health 30
practitioner preparing a report about the charged 31
person's mental health. 32
`(6) Also, the Mental Health Review Tribunal must not give 33
information, or a document containing information, under this 34
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section if the tribunal is reasonably satisfied that giving the 1
information may do any of the following-- 2
(a) prejudice a matter before the tribunal; 3
(b) prejudice the investigation of a contravention or possible 4
contravention of the law in a particular case; 5
(c) enable the existence or identity of a confidential source 6
of information, in relation to the enforcement or 7
administration of the law, to be ascertained; 8
(d) prejudice the effectiveness of a lawful method or 9
procedure for preventing, detecting, investigating or 10
dealing with a contravention or possible contravention 11
of the law; 12
(e) prejudice a prosecution or another matter before a court; 13
(f) endanger a person's life or physical safety; 14
(g) adversely affect a person's mental health. 15
`(7) If the commissioner is given information under this section to 16
give to a registered health practitioner, the commissioner-- 17
(a) must give the information to the registered health 18
practitioner as soon as possible; and 19
(b) must not use the information for any purpose other than 20
giving it to the registered health practitioner. 21
`(8) The giving of information under this section by the Mental 22
Health Review Tribunal is authorised despite any other Act or 23
law, including a law imposing an obligation to maintain 24
confidentiality about the information. 25
Note-- 26
See sections 334, 384 and 385 for restrictions on disclosing or giving 27
access to information or documents obtained under this section. 28
`(9) Without limiting subsection (8), information may be given 29
under this section even if the information can not be disclosed 30
to the charged person under a confidentiality order under the 31
Mental Health Act 2000, section 458. 32
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`334 Use of information obtained from Mental Health 1
Court or Mental Health Review Tribunal 2
`(1) This section applies if the commissioner gives a registered 3
health practitioner information or a document about a person 4
given to the commissioner-- 5
(a) by the Mental Health Court under section 332; or 6
(b) by the Mental Health Review Tribunal under section 7
333. 8
`(2) The registered health practitioner must not-- 9
(a) make a record of the information or information in the 10
document; or 11
(b) disclose the information or information in the document 12
to anyone; or 13
(c) give anyone access to the document; or 14
(d) include any details of the information, or information in 15
the document, in the report about the person's mental 16
health prepared under this division. 17
Maximum penalty--100 penalty units. 18
`335 Commissioner may obtain report about person's 19
mental health from registered health practitioner 20
`(1) This section applies if a person gives the commissioner 21
consent as mentioned in section 330(1)(b) in relation to an 22
examination of the person conducted under this division. 23
`(2) The commissioner may ask the registered health practitioner 24
who conducts the examination to give a report about the 25
person's mental health to the commissioner, and the registered 26
health practitioner may give the report to the commissioner. 27
`(3) The giving of a report under this section by a registered health 28
practitioner is authorised despite any other Act or law, 29
including a law imposing an obligation to maintain 30
confidentiality about the examination. 31
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Note-- 1
See sections 384 and 385 for restrictions on disclosing or giving access 2
to information or documents obtained under this Act. 3
`336 Commissioner to bear medical costs 4
`(1) The commissioner must bear the medical costs for obtaining a 5
report from a registered health practitioner under this division. 6
`(2) In this section-- 7
medical costs, for obtaining a report from a registered health 8
practitioner under this division, means amounts charged by 9
the health practitioner to-- 10
(a) conduct an examination for preparing the report; or 11
(b) prepare the report. 12
`Division 7 Obtaining other information about 13
person's mental health 14
`337 Commissioner may obtain particular information 15
from Mental Health Court 16
`(1) This section applies if-- 17
(a) the commissioner is deciding whether or not there is an 18
exceptional case for a person (charged person) who has 19
been charged with, but not convicted of-- 20
(i) a serious offence; or 21
(ii) an offence, other than a serious offence, relating to 22
or involving a child; and 23
(b) the matter of the charged person's mental condition 24
relating to the offence has been referred to the Mental 25
Health Court; and 26
(c) the commissioner has the charged person's consent to 27
obtain information about the person from the Mental 28
Health Court under this section. 29
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`(2) The commissioner may ask the Mental Health Court for the 1
following (requested information)-- 2
(a) the court's decision in relation to the reference; 3
(b) the court's reasons for its decision; 4
(c) a copy or written summary of any expert's report about 5
the charged person received in evidence by the court, 6
including, for example, a medical report, psychiatrist's 7
report or expert report that accompanied the reference; 8
(d) transcripts of a hearing conducted for the reference that 9
the court has directed may be given to a party to the 10
hearing or another person. 11
`(3) The Mental Health Court may comply with the request if the 12
court reasonably considers the requested information may 13
help the commissioner in deciding whether or not there is an 14
exceptional case for the charged person. 15
`(4) However, the information or documents given to the 16
commissioner for complying with the request must not 17
include-- 18
(a) any record of material given to the court under the 19
Mental Health Act 2000, section 284, or of how the 20
material was taken into account; or 21
(b) the Mental Health Court's reasons for taking material 22
mentioned in paragraph (a) into account or not taking 23
the material into account; or 24
(c) information that can not be disclosed to the charged 25
person under a confidentiality order under the Mental 26
Health Act 2000, section 426; or 27
(d) the content of an expert report about a person other than 28
the charged person; or 29
(e) information about a person other than the charged 30
person that the Mental Health Court reasonably 31
considers is not relevant to the commissioner deciding 32
whether or not there is an exceptional case for the 33
charged person. 34
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`(5) Also, the Mental Health Court must not give information, or a 1
document containing information, to the commissioner under 2
this section if the court is reasonably satisfied that giving the 3
information may do any of the following-- 4
(a) prejudice an investigation or a matter before the court; 5
(b) prejudice the investigation of a contravention or possible 6
contravention of the law in a particular case; 7
(c) enable the existence or identity of a confidential source 8
of information, in relation to the enforcement or 9
administration of the law, to be ascertained; 10
(d) prejudice the effectiveness of a lawful method or 11
procedure for preventing, detecting, investigating or 12
dealing with a contravention or possible contravention 13
of the law; 14
(e) prejudice a prosecution or another matter before another 15
court; 16
(f) endanger a person's life or physical safety; 17
(g) adversely affect a person's mental health. 18
`(6) The giving of information under this section by the Mental 19
Health Court is authorised despite any other Act or law, 20
including a law imposing an obligation to maintain 21
confidentiality about the information. 22
Note-- 23
See sections 384 and 385 for restrictions on disclosing or giving access 24
to information or documents obtained under this chapter. 25
`(7) Without limiting subsection (6), this section applies in relation 26
to an expert's report despite the Mental Health Act 2000, 27
section 318. 28
`(8) A decision of the Mental Health Court not to give the 29
commissioner an expert report about the charged person under 30
this section does not prevent the commissioner applying under 31
the Mental Health Act 2000, section 318(2) for leave of the 32
court to give the report to the commissioner. 33
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`338 Commissioner may obtain particular information 1
from Mental Health Review Tribunal 2
`(1) This section applies if-- 3
(a) the commissioner is deciding whether or not there is an 4
exceptional case for a person (charged person) who has 5
been charged with, but not convicted of-- 6
(i) a serious offence; or 7
(ii) an offence, other than a serious offence, relating to 8
or involving a child; and 9
(b) the Mental Health Review Tribunal has reviewed the 10
person's mental condition under the Mental Health Act 11
2000, chapter 6, part 3 or 4; and 12
(c) the commissioner has the charged person's consent to 13
obtain information about the person from the Mental 14
Health Review Tribunal under this section. 15
`(2) The commissioner may ask the Mental Health Review 16
Tribunal for the following (the requested information)-- 17
(a) the tribunal's decision on the review; 18
(b) the tribunal's reasons for the decision; 19
(c) a copy or written summary of any expert's report about 20
the charged person received by the tribunal in the 21
proceeding for the review, including, for example, a 22
report about an examination of the person by a 23
psychiatrist under the Mental Health Act 2000, section 24
203A; 25
(d) transcripts of a hearing conducted for the review that the 26
tribunal has directed may be given to a party to the 27
hearing or another person. 28
`(3) The Mental Health Review Tribunal may comply with the 29
request if the tribunal reasonably considers the requested 30
information may help the commissioner in deciding whether 31
or not there is an exceptional case for the charged person. 32
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`(4) However, the information or documents given to the 1
commissioner for complying with the request must not 2
include-- 3
(a) any record of material given to the tribunal under the 4
Mental Health Act 2000, section 464, or of how the 5
material was taken into account; or 6
(b) the tribunal's reasons for taking material mentioned in 7
paragraph (a) into account or not taking the material into 8
account; or 9
(c) information that can not be disclosed to the charged 10
person under a confidentiality order under the Mental 11
Health Act 2000, section 458; or 12
(d) the content of an expert report about a person other than 13
the charged person; or 14
(e) information about a person other than the charged 15
person that the Mental Health Review Tribunal 16
reasonably considers is not relevant to the commissioner 17
deciding whether or not there is an exceptional case for 18
the charged person. 19
`(5) Also, the Mental Health Review Tribunal must not give 20
information, or a document containing information, to the 21
commissioner under this section if the tribunal is reasonably 22
satisfied that giving the information may do any of the 23
following-- 24
(a) prejudice a matter before the tribunal; 25
(b) prejudice the investigation of a contravention or possible 26
contravention of the law in a particular case; 27
(c) enable the existence or identity of a confidential source 28
of information, in relation to the enforcement or 29
administration of the law, to be ascertained; 30
(d) prejudice the effectiveness of a lawful method or 31
procedure for preventing, detecting, investigating or 32
dealing with a contravention or possible contravention 33
of the law; 34
(e) prejudice a prosecution or another matter before a court; 35
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(f) endanger a person's life or physical safety; 1
(g) adversely affect a person's mental health. 2
`(6) The giving of information under this section by the Mental 3
Health Review Tribunal is authorised despite any other Act or 4
law, including a law imposing an obligation to maintain 5
confidentiality about the information. 6
Note-- 7
See sections 384 and 385 for restrictions on disclosing or giving access 8
to information or documents obtained under this chapter. 9
`Division 8 Dealing with information 10
`339 Commissioner to give notice to particular entities 11
about a change in police information 12
`(1) This section applies if the commissioner becomes aware that 13
police information about a relevant person has changed. 14
`(2) However, this section does not apply if-- 15
(a) the change is that the relevant person has been charged 16
with or convicted of a disqualifying offence; or 17
(b) the change is that the relevant person has become a 18
relevant disqualified person; or 19
(c) the following applies-- 20
(i) the change is that the relevant person has been 21
named as the respondent in an application for an 22
offender prohibition order and the proceeding for 23
the offender prohibition order has not ended; 24
(ii) a prescribed notice application or exemption notice 25
application about the relevant person has been 26
made and has not been decided. 27
`(3) If the commissioner considers the change in police 28
information may be relevant to child-related employment, the 29
commissioner must give each notifiable person for the person 30
a written notice stating the following-- 31
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(a) the relevant person's name and identifying details; 1
(b) that the commissioner has received police information 2
about the relevant person that the commissioner 3
considers relevant to child-related employment; 4
(c) that the commissioner is making a decision under part 4, 5
division 9 or 11 or part 5, division 8 or 10 about the 6
relevant person; 7
(d) a reminder of the risk management requirements under 8
sections 171 and 172; 9
(e) an employer may not dismiss the relevant person solely 10
or mainly because the employer is given a notice under 11
this section; 12
(f) if the change in police information is a change in 13
criminal history, whether it is a charge or conviction and 14
whether or not the charge or conviction is for a serious 15
offence; 16
(g) if the change in police information is a conviction for a 17
serious offence-- 18
(i) that, under section 194 or 256, it is an offence for 19
an employer to employ, or continue to employ, the 20
relevant person in regulated employment; and 21
(ii) the effect of section 322. 22
`(4) If the relevant person is the director of a school's governing 23
body, the commissioner must give written notice as mentioned 24
in subsection (3) to the accreditation board. 25
`(5) An employer may not dismiss the relevant person solely or 26
mainly because the employer is given a notice under 27
subsection (3) or (4). 28
`(6) In this section-- 29
relevant person means-- 30
(a) the holder of a positive notice, other than a positive 31
notice that is suspended under section 240 or 242; or 32
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(b) the holder of a positive exemption notice, other than a 1
positive exemption notice that is suspended under 2
section 298; or 3
(c) a person about whom a prescribed notice application or 4
exemption notice application has been made, if the 5
application has not been decided or withdrawn. 6
`340 Commissioner must give police commissioner a 7
person's current address 8
`(1) The commissioner must, on written application of the police 9
commissioner, give the police commissioner information 10
about an address for a person if-- 11
(a) the commissioner has an address for the person that is 12
different to the address stated by the police 13
commissioner in the application; and 14
(b) either of the following applies-- 15
(i) the police commissioner is, under this chapter, 16
required to give a notice to the person; 17
(ii) the commissioner reasonably believes the giving of 18
the information will help the police commissioner 19
to verify the person's identity for giving police 20
information to the commissioner under this 21
chapter. 22
`(2) Despite section 316, information given to the police 23
commissioner under this section must not be used, disclosed 24
or accessed for any purpose other than a purpose mentioned in 25
subsection (1)(b). 26
`341 Giving other information to police commissioner 27
`(1) The commissioner may give the police commissioner 28
confidential information about a person if the commissioner 29
reasonably believes the giving of the information is necessary 30
for the effective administration of any of the following-- 31
(a) this chapter; 32
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(b) the Offender Prohibition Order Act; 1
(c) the Offender Reporting Act; 2
(d) the Police Powers and Responsibilities Act 2000, section 3
789A. 4
`(2) Section 316 applies to information given under this section. 5
`(3) This section does not limit section 340 or 385. 6
`342 Commissioner may give information about director 7
of school's governing body to accreditation board 8
`(1) The commissioner may, on written application of the 9
accreditation board signed by the chairperson, give the 10
accreditation board the following information about a director 11
of a school's governing body-- 12
(a) whether the director is the holder of a positive notice, 13
negative notice, positive exemption notice or negative 14
exemption notice; 15
(b) whether the director is an applicant under part 4, 16
division 8 or part 5, division 7. 17
Note-- 18
The Education (Accreditation of Non-State Schools) Act 2001, section 19
15 provides that, for this chapter, a person is taken to be a person 20
carrying on a regulated business by being a director of the governing 21
body of a provisionally accredited, or accredited, school. 22
`(2) The commissioner must notify the accreditation board of the 23
following-- 24
(a) the issue of a negative notice or negative exemption 25
notice to a director of a school's governing body; 26
(b) the suspension of the positive notice of a director of a 27
school's governing body under section 240 or 242; 28
(c) the cancellation of a suspended positive notice of a 29
director of a school's governing body, and the issue of a 30
further prescribed notice or an exemption notice in 31
relation to the cancellation, under section 241 or 243; 32
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(d) the cancellation of the positive notice of a director of a 1
school's governing body under section 244; 2
(e) the positive exemption notice of a director of a school's 3
governing body ceasing to have effect under section 4
289; 5
(f) the suspension of the positive exemption notice of a 6
director of a school's governing body under section 298; 7
(g) the cancellation of a suspended positive exemption 8
notice of a director of a school's governing body, and the 9
issue of a further exemption notice in relation to the 10
cancellation, under section 299; 11
(h) the cancellation of the positive exemption notice of a 12
director of a school's governing body under section 302; 13
(i) the withdrawal of an application under part 4, division 8 14
or part 5, division 7 of a director of a school's governing 15
body. 16
`(3) Also, if a prescribed notice application is made about a 17
director of a school's governing body whom the 18
commissioner is satisfied is a disqualified person, the 19
commissioner must notify the accreditation board about the 20
commissioner's decision and that the application is invalid. 21
`(4) In this section-- 22
chairperson see the Education (Accreditation of Non-State 23
Schools) Act 2001, schedule 3. 24
issue-- 25
(a) in relation to a negative notice--includes substitute a 26
negative notice after cancelling a positive notice; and 27
(b) in relation to a negative exemption notice--includes 28
substitute a negative exemption notice after cancelling a 29
positive exemption notice or positive notice. 30
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`343 Commissioner must give information about particular 1
approved teachers to college of teachers 2
`(1) This section applies if-- 3
(a) the college of teachers requested information about a 4
person under the Education (Queensland College of 5
Teachers) Act 2005, section 15D; and 6
(b) the person is an approved teacher. 7
`(2) If the person's positive notice is cancelled under part 4, 8
division 11 or expires under section 231, the commissioner 9
must give the college written notice of the cancellation or 10
expiry. 11
`(3) If, on the cancellation of the person's positive notice under 12
part 4, division 11, the person is issued a further positive 13
notice or a positive exemption notice, the notice under 14
subsection (2) must state that the person has been issued a 15
further positive notice or positive exemption notice. 16
`(4) If the commissioner becomes aware that police information 17
about the person has changed, other than in a way mentioned 18
in section 339(2), the commissioner must give the college a 19
written notice complying with section 339(3) about the 20
change. 21
`344 Commissioner must give information about particular 22
holders to chief executive (disability services) 23
`(1) This section applies if-- 24
(a) the chief executive (disability services) requested 25
information about a person under the Disability Services 26
Act 2006, section 89D; and 27
(b) the person is the holder of, or applicant for, an 28
exemption notice under the Disability Services Act 29
2006. 30
`(2) If the person's positive notice is cancelled or suspended under 31
part 4, division 11 or expires under section 231, the 32
commissioner must give the chief executive (disability 33
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services) written notice of the cancellation, suspension or 1
expiry. 2
`(3) If, on the cancellation of the person's positive notice under 3
part 4, division 11, the person is issued a further positive 4
notice or a positive exemption notice, the notice under 5
subsection (2) must state that the person has been issued a 6
further positive notice or a positive exemption notice. 7
`(4) If the commissioner becomes aware that police information 8
about the person has changed, other than in a way mentioned 9
in section 339(2), the commissioner must give the chief 10
executive (disability services) a written notice complying with 11
section 339(3) about the change. 12
`345 Use of information obtained under this chapter about 13
a person 14
`The commissioner must not use information obtained under 15
this chapter about a person, other than for the purposes of this 16
chapter or a report under section 395. 17
`346 Guidelines for dealing with information 18
`(1) The commissioner must make guidelines, consistent with this 19
Act, for dealing with information obtained by the 20
commissioner under this chapter. 21
`(2) The purpose of the guidelines is to ensure-- 22
(a) natural justice is afforded to the persons about whom the 23
information is obtained; and 24
(b) only relevant information is used in making 25
employment-screening decisions; and 26
(c) employment-screening decisions, based on the 27
information, are made consistently. 28
`(3) The commissioner must give a copy of the guidelines to a 29
person on request. 30
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`Part 7 Miscellaneous provisions 1
about prescribed notices and 2
exemption notices 3
`Division 1 Replacement notice 4
`347 Replacement of lost or stolen notice or card 5
`(1) If a person's current positive notice, positive notice blue card 6
or positive exemption notice, is lost or stolen, the person must, 7
within 14 days after the loss or theft-- 8
(a) give the commissioner written notice of the loss or theft; 9
and 10
(b) if the person has a current positive notice and a positive 11
notice blue card and only the notice is lost or stolen, or 12
only the card is lost or stolen, return the card or the 13
notice that is not lost or stolen to the commissioner; and 14
(c) either-- 15
(i) apply for a replacement notice or card; or 16
(ii) ask the commissioner to cancel the person's 17
positive notice under section 244, or cancel the 18
person's positive exemption notice under section 19
302. 20
Maximum penalty--10 penalty units. 21
`(2) An application under subsection (1)(c)(i) must be in the 22
approved form and accompanied by the prescribed fee. 23
`(3) The commissioner must-- 24
(a) cancel-- 25
(i) for a lost or stolen positive notice--the lost or 26
stolen notice and any positive notice blue card 27
issued for it; or 28
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(ii) for a lost or stolen positive notice blue card--the 1
lost or stolen card and the positive notice for which 2
it was issued; or 3
(iii) for a lost or stolen positive exemption notice--the 4
lost or stolen notice; and 5
(b) if the person makes an application under subsection 6
(1)(c)(i)--issue to the person-- 7
(i) for a lost positive notice or positive notice blue 8
card--a replacement positive notice and, if the 9
person had a positive notice blue card for the 10
person's previous positive notice, a replacement 11
positive notice blue card; or 12
(ii) for a lost or stolen positive exemption notice--a 13
replacement positive exemption notice. 14
`(4) If the person's lost or stolen notice or card is returned to, or 15
otherwise recovered by, the person after the application for a 16
replacement notice or card is made, within 14 days after 17
receiving a replacement notice or card the person must give 18
the replaced notice or card to the commissioner. 19
Maximum penalty--10 penalty units. 20
`(5) The commissioner must give written notice to the police 21
commissioner about the fact that a current positive notice, 22
positive notice blue card or positive exemption notice has 23
been lost or stolen. 24
`348 Replacement notice if change of name or contact 25
details 26
`(1) This section applies if the holder of a positive notice or 27
positive exemption notice, or the holder of a negative notice or 28
negative exemption notice who has applied for its 29
cancellation, does any of the following (each of which is a 30
relevant change)-- 31
(a) changes a name the holder has previously given to the 32
commissioner; 33
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(b) starts to use a different name to the name or names the 1
holder has previously given to the commissioner; 2
(c) changes contact details previously given to the 3
commissioner. 4
`(2) The holder must give notice, in the approved form, to the 5
commissioner about the relevant change within 14 days after 6
the relevant change. 7
Maximum penalty--10 penalty units. 8
`(3) If the commissioner considers it is appropriate to do so, the 9
commissioner may issue to the holder-- 10
(a) for the holder of a positive notice--a replacement 11
positive notice and, if the holder also has a positive 12
notice blue card, a replacement positive notice blue 13
card; or 14
(b) for the holder of a positive exemption notice--a 15
replacement positive exemption notice. 16
`(4) If the commissioner issues to the holder a replacement 17
positive notice, positive notice blue card or positive exemption 18
notice, the holder must return the replaced notice or card to 19
the commissioner within 14 days after receiving the 20
replacement notice or card. 21
Maximum penalty--10 penalty units. 22
`(5) The commissioner must cancel the previously held positive 23
notice, positive notice blue card or positive exemption notice 24
if the commissioner has issued a replacement notice or card. 25
`349 Replacement notice if change in employment etc. 26
details generally 27
`(1) This section applies if any of the following (each of which is a 28
relevant change) happens in relation to the holder of a 29
positive notice or positive exemption notice that is not 30
suspended -- 31
(a) the holder ends or changes the holder's employment; 32
(b) the holder stops carrying on a regulated business; 33
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(c) the holder starts carrying on a regulated business other 1
than a regulated business in relation to which the 2
positive notice was issued. 3
`(2) However, this section does not apply if the holder of a positive 4
notice is or was, during the term of the positive notice, 5
employed in regulated employment as a volunteer and the 6
holder either-- 7
(a) becomes employed in regulated employment other than 8
as a volunteer; or 9
(b) starts carrying on a regulated business. 10
Note-- 11
See section 350 in relation to the holder of a positive notice who is 12
employed in regulated employment as a volunteer and who-- 13
(a) becomes employed in regulated employment other than as a 14
volunteer; or 15
(b) starts carrying on a regulated business. 16
`(3) The holder must, within 14 days after the relevant change give 17
notice, in the approved form, to the commissioner about the 18
relevant change. 19
Maximum penalty--10 penalty units. 20
`(4) The commissioner may issue to the holder-- 21
(a) for the holder of a positive notice--a new positive notice 22
and, if the holder also has a positive notice blue card, a 23
new positive notice blue card; or 24
(b) for the holder of a positive exemption notice--a new 25
positive exemption notice. 26
`(5) If the commissioner issues to the holder a new positive notice, 27
positive notice blue card or positive exemption notice, the 28
holder must return the person's previously held notice or card 29
to the commissioner within 14 days after receiving the new 30
notice or card. 31
Maximum penalty--10 penalty units. 32
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`(6) The commissioner must cancel the previously held positive 1
notice, positive notice blue card or positive exemption notice 2
if the commissioner has issued a new notice or card. 3
`350 Replacement notice if change from employment as 4
a volunteer to employment other than as a volunteer 5
etc. 6
`(1) This section applies if the holder of a positive notice that is 7
not suspended is or was, during the term of the positive notice, 8
employed in regulated employment as a volunteer and either 9
of the following happens (the relevant change)-- 10
(a) the holder becomes employed in regulated employment 11
other than as a volunteer; 12
(b) the holder starts carrying on a regulated business. 13
`(2) The holder must, within 14 days after the relevant change give 14
notice, in the approved form, to the commissioner about the 15
relevant change. 16
Maximum penalty--10 penalty units. 17
`(3) The commissioner may issue to the holder a new positive 18
notice and, if the holder also has a positive notice blue card, a 19
new positive notice blue card. 20
`(4) If the commissioner issues to the holder a new positive notice 21
or positive notice blue card, the holder must return the 22
person's previously held notice or card to the commissioner 23
within 14 days after receiving the new notice or card. 24
Maximum penalty--10 penalty units. 25
`(5) The commissioner must cancel the previously held positive 26
notice or positive notice blue card if the commissioner has 27
issued a new notice or card. 28
`(6) If the prescribed application fee for the positive notice has not 29
been paid, the notice under subsection (2) must be 30
accompanied by the prescribed application fee. 31
`(7) In this section-- 32
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prescribed application fee, for a positive notice, means the fee 1
that was the prescribed fee for the prescribed notice 2
application in relation to which the positive notice was issued 3
when the application was made. 4
`Division 2 Offences relating to false or 5
misleading information 6
`351 False or misleading disclosure 7
`A person must not-- 8
(a) give another person who is proposing to employ the 9
person in regulated employment information for this 10
chapter that is false or misleading in a material 11
particular; or 12
(b) state anything to the commissioner for this chapter that 13
the person knows is false or misleading in a material 14
particular. 15
Maximum penalty--100 penalty units or 2 years 16
imprisonment. 17
`352 False or misleading documents 18
`(1) A person must not give the commissioner a document for this 19
chapter containing information the person knows is false or 20
misleading in a material particular. 21
Maximum penalty--100 penalty units or 2 years 22
imprisonment. 23
`(2) Subsection (1) does not apply to a person if the person, when 24
giving the document-- 25
(a) tells the commissioner, to the best of the person's ability, 26
how it is false or misleading; and 27
(b) if the person has, or can reasonably obtain, the correct 28
information--gives the correct information. 29
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`Division 3 Review and appeal 1
`353 Definitions for div 3 2
`In this division-- 3
chapter 8 reviewable decision, about a person, means-- 4
(a) a decision of the commissioner as to whether or not 5
there is an exceptional case for the person if, because of 6
the decision, the commissioner-- 7
(i) issued a negative notice or negative exemption 8
notice to the person; or 9
(ii) refused to cancel a negative notice or negative 10
exemption notice issued to the person; or 11
(b) a decision of the commissioner that the person has been 12
charged with a disqualifying offence if-- 13
(i) because of the decision-- 14
(A) the positive notice held by the person was 15
suspended under section 240; or 16
(B) the positive exemption notice held by the 17
person was suspended under section 298; 18
and 19
(ii) the person claims he or she has not been charged 20
with the disqualifying offence; and 21
(iii) the person has applied for a cancellation of the 22
suspension under section 241 or 299 and that 23
application has been refused; or 24
(c) a decision of the commissioner that the person's 25
registration under the Education (Queensland College of 26
Teachers) Act 2005 has been suspended under section 49 27
of that Act if-- 28
(i) because of the decision, the positive notice held by 29
the person was suspended under section 242; and 30
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(ii) the person claims he or she is not the person whose 1
registration under the Education (Queensland 2
College of Teachers) Act 2005 has been suspended 3
under section 49 of that Act; and 4
(iii) the person has applied for a cancellation of the 5
suspension under section 243 and that application 6
has been refused; or 7
(d) a relevant disqualified person decision about the person 8
if-- 9
(i) because of the decision, the commissioner issued a 10
negative notice or negative exemption notice to the 11
person; and 12
(ii) the person claims he or she is not the person the 13
subject of the conviction, reporting obligations or 14
order in relation to which the decision was made; 15
and 16
(iii) the person has applied for a cancellation of the 17
person's negative notice under section 236, or a 18
cancellation of the person's negative exemption 19
notice under section 294, and that application has 20
been refused. 21
issue-- 22
(a) in relation to a negative notice--includes substitute a 23
negative notice after cancelling a positive notice; and 24
(b) in relation to a negative exemption notice--includes 25
substitute a negative exemption notice after cancelling a 26
positive exemption notice or positive notice. 27
prescribed period, for a review of a chapter 8 reviewable 28
decision about a person, means 28 days after the person is 29
given notice of the following-- 30
(a) for a chapter 8 reviewable decision mentioned in 31
definition chapter 8 reviewable decision, paragraph 32
(a)--the decision; 33
(b) for a chapter 8 reviewable decision mentioned in 34
definition chapter 8 reviewable decision, paragraph (b) 35
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relating to a suspended positive notice--the decision on 1
the application under section 241 about the suspension; 2
(c) for a chapter 8 reviewable decision mentioned in 3
definition chapter 8 reviewable decision, paragraph (b) 4
relating to a suspended positive exemption notice--the 5
decision on the application under section 299 about the 6
suspension; 7
(d) for a chapter 8 reviewable decision mentioned in 8
definition chapter 8 reviewable decision, paragraph 9
(c)--the decision on the application under section 243 10
about the suspension; 11
(e) for a chapter 8 reviewable decision mentioned in 12
definition chapter 8 reviewable decision, paragraph (d) 13
relating to a negative notice--the decision on the 14
application under section 236 about the negative notice; 15
(f) for a chapter 8 reviewable decision mentioned in 16
definition chapter 8 reviewable decision, paragraph (d) 17
relating to a negative exemption notice--the decision on 18
the application under section 294 about the negative 19
exemption notice. 20
relevant disqualified person decision, for a person, means-- 21
(a) a decision of the commissioner that the person has been 22
or is convicted of a disqualifying offence for which an 23
imprisonment order was or is imposed; or 24
(b) a decision of the commissioner that the person is subject 25
to-- 26
(i) offender reporting obligations; or 27
(ii) a final offender prohibition order; or 28
(iii) a disqualification order; or 29
(iv) a final sexual offender order. 30
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`354 Person may apply for review of chapter 8 reviewable 1
decision 2
`(1) A person who is not a disqualified person may apply, within 3
the prescribed period and as otherwise provided under the 4
QCAT Act, to QCAT for a review of a chapter 8 reviewable 5
decision. 6
`(2) If a person applies under subsection (1) to have a chapter 8 7
reviewable decision reviewed, QCAT may not-- 8
(a) stay the operation of the decision; or 9
(b) grant an injunction in the proceeding for the review. 10
`(3) To remove any doubt, it is declared that there is no review or 11
appeal under this Act in relation to a decision of the 12
commissioner to issue, or refuse to cancel, a negative notice or 13
negative exemption notice about a person other than because 14
of a chapter 8 reviewable decision. 15
Note-- 16
There is also no review or appeal in relation to a decision of the 17
commissioner to refuse an eligibility application (see section 180(7)). 18
`(4) This section does not limit section 307. 19
`355 Effect of applicant for a review becoming a 20
disqualified person 21
`(1) This section applies if a disqualified person made an 22
application under section 354 before the person became a 23
disqualified person. 24
`(2) The application and any proceeding in relation to the 25
application must be dismissed-- 26
(a) if a proceeding in relation to the application is before a 27
court--by the court; or 28
(b) otherwise--by QCAT, even if the dismissal would be 29
contrary to a direction of the District Court. 30
`(3) Any appeal by the person from a decision of QCAT on the 31
application must be dismissed. 32
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`Division 4 Other miscellaneous provisions 1
`356 Compliance with requirement to end, or not start, a 2
person's regulated employment 3
`(1) This section applies if it would be a contravention of a 4
provision of this chapter for a person (the employer) to 5
employ, or continue to employ, another person (the employee) 6
in regulated employment. 7
`(2) The employer must comply with the provision despite another 8
Act or law or any industrial award or agreement. 9
`(3) The employer does not incur any liability because, in 10
compliance with the provision, the employer does not employ, 11
or continue to employ, the employee in regulated 12
employment. 13
`(4) A person whose positive notice is suspended under section 14
240 or 242, or whose positive exemption notice is suspended 15
under section 298, may be employed in employment that is 16
not regulated employment. 17
`357 Disqualification order 18
`(1) This section applies if a person is convicted of-- 19
(a) a disqualifying offence and the court that convicts the 20
person does not impose an imprisonment order for the 21
offence; or 22
(b) another serious offence committed in relation to, or 23
otherwise involving, a child. 24
`(2) The court may, on application by the prosecutor or on its own 25
initiative, make an order (a disqualification order) in relation 26
to the person stating that-- 27
(a) the person may not hold a positive notice or positive 28
exemption notice, or apply for a prescribed notice or 29
exemption notice, for a stated period; or 30
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(b) the person may never hold a positive notice or positive 1
exemption notice or apply for a prescribed notice or 2
exemption notice. 3
`(3) However, the court may make a disqualification order under 4
subsection (2)(a) or (b) only if the court considers it would not 5
be in the interests of children for the commissioner to issue a 6
positive notice or positive exemption notice to the person. 7
`(4) The person against whom the disqualification order is made 8
may appeal against the court's decision under subsection (2) 9
in the same way the person may appeal against the conviction. 10
`(5) In this section-- 11
Crown prosecutor includes-- 12
(a) the Attorney-General; and 13
(b) the director of public prosecutions; and 14
(c) another person, other than a police officer, appearing for 15
the State. 16
prosecutor means-- 17
(a) in the context of a proceeding before, or an application 18
to, a Magistrates Court or a Childrens Court-- 19
(i) a police officer; or 20
(ii) a service legal officer within the meaning of the 21
Police Service Administration Act 1990, section 22
10.24; or 23
(iii) a Crown prosecutor; or 24
(b) otherwise--a Crown prosecutor.'. 25
Clause 59 Omission of pt 7 (Criminal history checks of 26
commission's staff) 27
Part 7-- 28
omit. 29
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[s 60]
Clause 60 Amendment of s 146 (Indictable and summary offences) 1
(1) Section 146(1)-- 2
omit, insert-- 3
`(1) An offence against any of the following provisions is an 4
indictable offence-- 5
· section 174 6
· section 195, 196, 197, 240(4), 242(4) or 244(3) 7
· section 257, 258, 259, 298(4) or 302(3) 8
· section 322(3).'. 9
(2) Section 146(2), `section 156'-- 10
omit, insert-- 11
`section 388'. 12
Clause 61 Amendment of s 152 (Confidentiality of information about 13
criminal history) 14
(1) Section 152, heading, after `history'-- 15
insert-- 16
`or related information'. 17
(2) Section 152(1)(a), `or a staff member'-- 18
omit, insert-- 19
`, a staff member or a selection panel member'. 20
(3) Section 152(1)(b)-- 21
omit, insert-- 22
`(b) in that capacity, under chapter 8 (including as applied by 23
section 36), acquired, or gained access to a document 24
containing, any of the following-- 25
(i) information about someone else's police 26
information; 27
(ii) disciplinary information about someone else; 28
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(iii) information about someone else's mental health, 1
including, for example, information about a 2
proceeding in the Mental Health Court or the 3
Mental Health Review Tribunal about the person.'. 4
(4) Section 152(2)(b), after `under'-- 5
insert-- 6
`previous'. 7
(5) Section 152(2A)(a) and (4)(f), `section 163'-- 8
omit, insert-- 9
`section 395'. 10
(6) Section 152(2A)(b), `subsection (4)(c) or (d)'-- 11
omit, insert-- 12
`subsection (5)(c) or (d)'. 13
(7) Section 152(4), `subsection (3)'-- 14
omit, insert-- 15
`subsection (4)'. 16
(8) Section 152(4)(a)-- 17
omit, insert-- 18
`(a) if subsection (1) applies-- 19
(i) to the commissioner, the assistant commissioner or 20
a staff member for the purpose of an 21
employment-screening decision; or 22
(ii) for a document about a staff member--to the 23
commissioner, the assistant commissioner, a staff 24
member or selection panel member for the purpose 25
of assessing the person's suitability to be, or 26
continue to be, a staff member; or'. 27
(9) Section 152(4)(c), `subsection (2A)(a)'-- 28
omit, insert-- 29
`subsection (3)(a)'. 30
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(10) Section 152(4)(d), `subsection (2A)(b)'-- 1
omit, insert-- 2
`subsection (3)(b)'. 3
(11) Section 152(5)-- 4
insert-- 5
`previous part 7 means part 7 of this Act as in force from time 6
to time before the commencement of this definition. 7
Note-- 8
Previous part 7 provided for criminal history checks of the 9
commission's staff. From the commencement of this definition, 10
screening of the commission's staff is undertaken under section 36 and 11
the Public Service Act 2008, chapter 5, part 6.'. 12
(12) Section 152(2A) to (5)-- 13
renumber as section 152(3) to (6). 14
Clause 62 Amendment of s 167 (Regulation-making power) 15
Section 167-- 16
insert-- 17
`(3) Without limiting subsection (2), a regulation may prescribe a 18
fee for the commissioner giving information under the 19
Education (Queensland College of Teachers) Act 2005, 20
section 15D.'. 21
Clause 63 Amendment of pt 9 (Transitional and other provisions) 22
Part 9, after heading-- 23
insert-- 24
`Note-- 25
This Act, including this chapter, was renumbered by the Criminal 26
History Screening Legislation Amendment Act 2010. Cross-references to 27
provisions of this Act appearing in this chapter have not been updated 28
except to change references to `division' or `div' in a part of this chapter 29
to `part' or `pt'. The remaining cross-references remain as they were 30
immediately before the renumbering.'. 31
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[s 64]
Clause 64 Insertion of new pt 13 1
After section 231-- 2
insert-- 3
`Part 13 Transitional provisions for 4
Criminal History Screening 5
Legislation Amendment Act 6
2010 7
`Division 1 Preliminary 8
`465 Definitions for pt 13 9
`In this part-- 10
amending Act means the Criminal History Screening 11
Legislation Amendment Act 2010. 12
commencement means the commencement of this section. 13
disability services regulated business means a business that is 14
a regulated business because the usual activities of the 15
business include, or are likely to include, the provision of a 16
service at a child-related service outlet of a funded 17
non-government service provider. 18
disability services regulated employment means employment 19
that is regulated employment because-- 20
(a) the employer is a funded non-government service 21
provider; and 22
(b) 1 or more of the usual functions of the employment are 23
carried out, or are likely to be carried out, at a 24
child-related service outlet of the funded 25
non-government service provider. 26
health student regulated business means a business that is a 27
regulated business because the usual activities of the business 28
include, or are likely to include, a health student providing a 29
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service to a child in the health student's capacity as a health 1
student. 2
health student regulated employment means employment 3
that is regulated employment because the usual functions of 4
the employment include, or are likely to include, a health 5
student providing a service to a child in the health student's 6
capacity as a health student. 7
new disqualified person means a person who is a disqualified 8
person only because-- 9
(a) the person has been or is convicted of a new 10
disqualifying offence; or 11
(b) the person is subject to a sexual offender order; or 12
(c) both of paragraphs (a) and (b) apply to the person. 13
new disqualifying offence means an offence that is a 14
disqualifying offence under this Act but was not a 15
disqualifying offence under this Act immediately before the 16
commencement. 17
new local government regulated business means a business 18
that is a regulated business under section 156 but was not a 19
regulated business under previous section 97, and is carried on 20
by a local government. 21
new local government regulated employment means 22
employment that is regulated employment under section 156 23
but was not regulated employment under previous section 97, 24
if the employer is a local government. 25
new relevant disqualified person means a person who is a 26
relevant disqualified person only because-- 27
(a) the person has been or is convicted of a new 28
disqualifying offence for which an imprisonment order 29
was or is imposed; or 30
(b) the person is subject to a sexual offender order; or 31
(c) both of paragraphs (a) and (b) apply to the person. 32
other new regulated business means a business that is a 33
regulated business under section 156 but was not a regulated 34
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business under previous section 97, and is not any of the 1
following-- 2
(a) a disability services regulated business; 3
(b) a health student regulated business; 4
(c) a new local government regulated business. 5
other new regulated employment means employment that is 6
regulated employment under section 156 but was not 7
regulated employment under previous section 97, and is not 8
any of the following-- 9
(a) disability services regulated employment; 10
(b) health student regulated employment; 11
(c) new local government regulated employment. 12
prescribed police information means a report or other 13
information mentioned in section 136(2) of the unamended 14
Act. 15
previous section 97 means section 97 of this Act as in force 16
immediately before the commencement. 17
staff member has the meaning under section 129 of the 18
unamended Act. 19
unamended Act means this Act as in force from time to time 20
before the commencement. 21
`Division 2 Transitional provisions relating to 22
chapter 8 23
`466 Existing applications for prescribed notice about 24
employment that is no longer regulated employment 25
`(1) This section applies to an application for a prescribed notice 26
made under section 100 of the unamended Act that-- 27
(a) has not been decided or withdrawn at the 28
commencement; and 29
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(b) relates to the employment of a person in former 1
regulated employment. 2
`(2) The application is taken to have been withdrawn. 3
`(3) The commissioner must-- 4
(a) give written notice of the withdrawal to-- 5
(i) the person; and 6
(ii) each notifiable person for the person; and 7
(b) refund any fee paid for the application. 8
`(4) In this section-- 9
former regulated employment means employment that is not 10
regulated employment under section 156 but was regulated 11
employment under previous section 97. 12
`467 Existing applications for prescribed notice about a 13
business that is no longer a regulated business 14
`(1) This section applies to an application for a prescribed notice 15
made under section 101 of the unamended Act that-- 16
(a) has not been decided or withdrawn at the 17
commencement; and 18
(b) relates to carrying on a former regulated business. 19
`(2) The application is taken to have been withdrawn. 20
`(3) The commissioner must-- 21
(a) give written notice of the withdrawal to-- 22
(i) the person; and 23
(ii) each notifiable person for the person; and 24
(b) refund any fee paid for the application. 25
`(4) In this section-- 26
former regulated business means a business that is not a 27
regulated business under section 156 but was a regulated 28
business under previous section 97. 29
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`468 Existing applications for prescribed notice about 1
person convicted of new disqualifying offence 2
`(1) This section applies to an application for a prescribed notice 3
made under section 100 or 101 of the unamended Act that-- 4
(a) has not been decided or withdrawn at the 5
commencement; and 6
(b) relates to a person who has been or is convicted of a new 7
disqualifying offence but who is not a new relevant 8
disqualified person. 9
`(2) If, at the time of the application, the person did not hold a 10
positive notice or held a positive notice that was suspended 11
under section 119C of the unamended Act-- 12
(a) the application is taken to have been withdrawn; and 13
(b) the commissioner must give written notice of the 14
withdrawal to-- 15
(i) the person; and 16
(ii) each notifiable person for the person. 17
`(3) If, at the time of the application, the person held a positive 18
notice that was not suspended under section 119C of the 19
unamended Act-- 20
(a) the person is taken to have been issued with an 21
eligibility declaration other than for section 223(1)(b); 22
and 23
(b) the commissioner must decide the application under this 24
Act. 25
`469 Existing applications for prescribed notice about 26
new relevant disqualified person 27
`(1) This section applies to an application for a prescribed notice 28
made under section 100 or 101 of the unamended Act that-- 29
(a) has not been decided or withdrawn at the 30
commencement; and 31
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(b) relates to a person who is a new relevant disqualified 1
person. 2
`(2) The application is taken to have been withdrawn. 3
`(3) The commissioner must give written notice of the withdrawal 4
to-- 5
(a) the person; and 6
(b) each notifiable person for the person. 7
`470 Other existing applications for prescribed notice 8
`(1) This section applies to an application for a prescribed notice 9
(existing application) that-- 10
(a) was made under section 100 or 101 of the unamended 11
Act; and 12
(b) has not been decided or withdrawn at the 13
commencement; and 14
(c) is not an application to which section 466, 467, 468 or 15
469 applies. 16
`(2) The application is taken to be a prescribed notice application 17
under the relevant provision (chapter 8 application) and, 18
subject to subsection (5), chapter 8, part 4 applies to the 19
application. 20
`(3) Subject to subsection (4), anything done or existing in relation 21
to the existing application is taken to have been done or 22
existing in relation to the chapter 8 application. 23
Examples for subsection (3)-- 24
1 The commissioner has given the person about whom the existing 25
application is made a notice asking for stated information, 26
including by way of a submission. The notice is taken to have been 27
given in relation to the chapter 8 application. 28
2 The commissioner has requested police information about the 29
person about whom the existing application is made from the police 30
commissioner. The request is taken to have been made in relation to 31
the chapter 8 application. 32
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`(4) Subsection (3) applies only to the extent the thing can be done 1
or in existence in relation to the chapter 8 application. 2
`(5) Despite section 231(2), a prescribed notice issued under this 3
section remains current for 2 years after it is issued, unless it 4
is earlier cancelled under chapter 8, part 4, division 11. 5
`(6) In this section-- 6
relevant provision means-- 7
(a) for an application under section 100 of the unamended 8
Act--section 199; or 9
(b) for an application under section 101 of the unamended 10
Act--section 211. 11
`471 Existing positive notices held by new relevant 12
disqualified person because of interim order 13
`(1) This section applies in relation to a positive notice issued 14
under section 102(2)(a) of the unamended Act (including a 15
positive notice that, immediately before the commencement, 16
is suspended under section 119C of the unamended Act) to a 17
person who is a new relevant disqualified person only because 18
the person is subject to an interim sexual offender order. 19
`(2) If the positive notice is not suspended under section 119C of 20
the unamended Act immediately before the commencement, 21
the commissioner must, by written notice given to the person, 22
suspend the person's positive notice. 23
`(3) The written notice must state the matters mentioned in section 24
240(3). 25
`(4) If the positive notice is suspended under section 119C of the 26
unamended Act immediately before the commencement and 27
the suspension has not ended at the commencement, the 28
suspension continues subject to subsection (5). 29
`(5) Sections 240 and 241 apply to the suspended positive notice 30
as if the notice were suspended under section 240(2). 31
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`472 Existing positive notices held by other new relevant 1
disqualified persons 2
`(1) This section applies in relation to a positive notice issued 3
under section 102(2)(a) of the unamended Act (including a 4
positive notice that, immediately before the commencement, 5
is suspended under section 119C of the unamended Act) to a 6
person who is a new relevant disqualified person other than a 7
person mentioned in section 471(1). 8
`(2) The positive notice is cancelled. 9
`(3) If, immediately before the commencement, the positive notice 10
is suspended under section 119C of the unamended Act, any 11
application for the cancellation of the suspension under 12
section 119D of the unamended Act that has not been decided 13
or withdrawn at the commencement is taken to have been 14
withdrawn. 15
`(4) The commissioner must give notice of the cancellation of the 16
positive notice to-- 17
(a) the person; and 18
(b) each notifiable person for the person. 19
`(5) A notice mentioned in subsection (4)-- 20
(a) must state that the positive notice is cancelled and the 21
date the positive notice is cancelled; and 22
(b) is taken, for sections 194, 195, 256 and 257, to be a 23
notice that a negative notice has been issued to the 24
person on the date the positive notice is cancelled. 25
`473 Other existing positive notices and positive notice 26
blue cards 27
`(1) This section applies in relation to a positive notice issued 28
under section 102(2)(a) of the unamended Act that is current 29
under this Act immediately before the commencement, other 30
than a positive notice to which section 471 or 472 applies. 31
`(2) The positive notice-- 32
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(a) is taken to be a positive notice issued under section 1
220(a); and 2
(b) remains current for 2 years after it was issued under 3
section 102(2)(a) of the unamended Act, unless it is 4
earlier cancelled under chapter 8, part 4, division 11. 5
`(3) Any positive notice blue card issued under the unamended Act 6
for the positive notice-- 7
(a) continues to be a positive notice blue card relating to the 8
positive notice; and 9
(b) remains current for the same period as the positive 10
notice. 11
`(4) If the holder of the positive notice is a new disqualified person 12
(but not a new relevant disqualified person), the person is 13
taken to have been issued with an eligibility declaration, 14
subject to subsection (5). 15
`(5) If, after the commencement, the commissioner is to make, 16
under chapter 8, part 4, division 9 (including as applied under 17
other provisions of chapter 8), a decision about the holder of a 18
positive notice who is a new disqualified person, and it is the 19
first time the commissioner is to make a decision under that 20
division about the person after the commencement, section 21
223(1)(b) does not apply to the commissioner making the 22
decision. 23
`474 Existing negative notices 24
`(1) A negative notice issued under section 102(2)(b) of the 25
unamended Act that is current under the unamended Act 26
immediately before the commencement is taken to be a 27
negative notice issued under section 220(b). 28
`(2) For subsection (1), the 2 year period mentioned in section 29
236(3) runs from the date the negative notice was issued under 30
section 102(2)(b) of the unamended Act. 31
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`475 Application of ch 8 to police officers and registered 1
teachers 2
`(1) Section 173 and chapter 8, part 5 do not take effect until 3 3
months after the commencement (the exemption notice 4
regime commencement date). 5
`(2) Chapter 8, part 4 applies in relation to a police officer or 6
registered teacher until the exemption notice regime 7
commencement date-- 8
(a) with any necessary changes; and 9
(b) subject to this part. 10
`(3) A prescribed notice application about a police officer or 11
registered teacher that has not been decided or withdrawn at 12
the exemption notice regime commencement date must be 13
decided under chapter 8, part 4 despite section 173. 14
`(4) An eligibility application made by a police officer or 15
registered teacher that has not been decided or withdrawn at 16
the exemption notice regime commencement date is taken to 17
have been withdrawn, and the commissioner must give written 18
notice of the withdrawal to the police officer or registered 19
teacher. 20
`(5) A current positive notice or current negative notice held by a 21
police officer or registered teacher at the exemption notice 22
regime commencement date, or issued under this part, 23
continues in effect despite section 173, and section 247 24
applies in relation to the notice. 25
`(6) Without limiting subsection (2)(a), until the exemption notice 26
regime commencement date, sections 36 and 243 apply as if 27
they provided for the issue of a prescribed notice, instead of 28
an exemption notice, to a person who is a police officer or 29
registered teacher. 30
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`476 Application of ch 8 to disability services regulated 1
employment 2
`(1) Chapter 8 does not apply to the employment of a person in 3
disability services regulated employment until 3 months after 4
the commencement (disability services commencement date). 5
`(2) Subsection (3) applies to a person who, at the disability 6
services commencement date-- 7
(a) is employed in disability services regulated 8
employment; and 9
(b) does not have a current positive notice; and 10
(c) either-- 11
(i) has a current positive notice under the Disability 12
Services Act 2006 (DSA positive notice); or 13
(ii) has an application for a prescribed notice under the 14
Disability Services Act 2006 that has not been 15
decided or withdrawn (DSA application). 16
`(3) The relevant regulatory provisions do not apply in relation to 17
the employment of the person until-- 18
(a) for a person who has a DSA positive notice--the earlier 19
of the following-- 20
(i) the expiry or cancellation of the person's DSA 21
positive notice under the Disability Services Act 22
2006; 23
(ii) 12 months after the disability services 24
commencement date; or 25
(b) for a person who has a DSA application-- 26
(i) if the person is issued with a DSA positive 27
notice--12 months after the disability services 28
commencement date; or 29
(ii) if the person is issued with a negative notice under 30
the Disability Services Act 2006--the day the 31
negative notice is issued; or 32
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(iii) if the person's DSA application is withdrawn 1
before it is decided--the day the DSA application 2
is withdrawn. 3
Note-- 4
See, however, sections 194 to 196 and 256 to 258. 5
`(4) Section 323 does not apply to a person mentioned in 6
subsection (2) until the first prescribed notice application or 7
exemption notice application about the person is made after 8
the disability services commencement date. 9
`(5) In this section-- 10
relevant regulatory provisions means-- 11
(a) for a person who is not a police officer or registered 12
teacher and is employed in disability services regulated 13
employment as a volunteer--section 188; or 14
(b) for a person who is not a police officer or registered 15
teacher and is employed in disability services regulated 16
employment other than as a volunteer--sections 191 to 17
193; or 18
(c) for a police officer or registered teacher--sections 251 19
and 253 to 255. 20
`477 Application of ch 8 to disability services regulated 21
businesses 22
`(1) Chapter 8 does not apply to the carrying on of a disability 23
services regulated business until 3 months after the 24
commencement (disability services commencement date). 25
`(2) Subsection (3) applies to a person who, at the disability 26
services commencement date-- 27
(a) is carrying on a disability services regulated business; 28
and 29
(b) does not have a current positive notice or current 30
negative notice; and 31
(c) either-- 32
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(i) has a current positive notice under the Disability 1
Services Act 2006 (DSA positive notice); or 2
(ii) has an application for a prescribed notice under the 3
Disability Services Act 2006 that has not been 4
decided or withdrawn (DSA application). 5
`(3) Sections 197 and 259 do not apply to the person carrying on 6
the disability services regulated business until-- 7
(a) if the person holds a DSA positive notice--the earlier of 8
the following-- 9
(i) the expiry or cancellation of the person's DSA 10
positive notice under the Disability Services Act 11
2006; 12
(ii) 12 months after the disability services 13
commencement date; or 14
(b) for a person who has a DSA application-- 15
(i) if the person is issued with a DSA positive 16
notice--12 months after the disability services 17
commencement date; or 18
(ii) if the person is issued with a negative notice under 19
the Disability Services Act 2006--the day the 20
negative notice is issued; or 21
(iii) if the person's DSA application is withdrawn 22
before it is decided--the day the DSA application 23
is withdrawn. 24
`(4) Section 323 does not apply to a person mentioned in 25
subsection (2) until the first prescribed notice application or 26
exemption notice application about the person is made after 27
the disability services commencement date. 28
`478 Application of ch 8 to new local government 29
regulated employment 30
`(1) Chapter 8 does not apply to the employment of a person in 31
new local government regulated employment until 3 months 32
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after the commencement (local government commencement 1
date). 2
`(2) Subsections (3) to (5) apply to a person who, at the local 3
government commencement date-- 4
(a) is employed in new local government regulated 5
employment; and 6
(b) does not have a current positive notice. 7
`(3) If the person is not a police officer or registered teacher and is 8
employed in the new local government regulated employment 9
as a volunteer, section 188 does not apply in relation to the 10
employment of the person until-- 11
(a) if a prescribed notice application about the person is 12
made before or during the transitional period and is not 13
withdrawn--the day a prescribed notice is issued to the 14
employee; or 15
(b) if a prescribed notice application about the person is 16
made before or during the transitional period and is 17
withdrawn--the day the application is withdrawn; or 18
(c) if a prescribed notice application about the person is not 19
made before or during the transitional period--the 20
transitional period ends. 21
Note-- 22
See, however, sections 195 and 196. 23
`(4) If the person is not a police officer or registered teacher and is 24
employed in the new local government regulated employment 25
other than as a volunteer and the person does not have a 26
current positive notice, sections 191 to 193 do not apply in 27
relation to the employment of the person until the transitional 28
period ends. 29
Note-- 30
See, however, sections 194 to 196. 31
`(5) If the person is a police officer or registered teacher, sections 32
251 and 253 to 255 do not apply in relation to the employment 33
of the person until the transitional period ends. 34
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Note-- 1
See, however, sections 256 to 258. 2
`(6) Section 323 does not apply to a person mentioned in 3
subsection (2) until the first prescribed notice application or 4
exemption notice application about the person is made after 5
the commencement. 6
`(7) In this section-- 7
transitional period means the period-- 8
(a) starting on the local government commencement date; 9
and 10
(b) ending 12 months after the local government 11
commencement date. 12
`479 Application of ch 8 to new local government 13
regulated business 14
`(1) Chapter 8 does not apply to the carrying on of a new local 15
government regulated business until 3 months after the 16
commencement (local government commencement date). 17
`(2) Subsections (3) and (4) apply to a person who, at the local 18
government commencement date-- 19
(a) is carrying on a new local government regulated 20
business; and 21
(b) does not have a current positive notice or current 22
negative notice. 23
`(3) If the person is not a police officer or registered teacher, 24
section 197 does not apply to the person carrying on the local 25
government regulated business until-- 26
(a) if the person applies for a prescribed notice before or 27
during the transitional period and does not withdraw the 28
application--the day a prescribed notice is issued to the 29
person; or 30
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(b) if the person applies for a prescribed notice before or 1
during the transitional period and withdraws the 2
application--the day of the withdrawal; or 3
(c) if the person does not apply for a prescribed notice 4
before or during the transitional period--the transitional 5
period ends. 6
`(4) If the person is a police officer or registered teacher, section 7
259 does not apply to the person carrying on the local 8
government regulated business until the transitional period 9
ends. 10
`(5) Section 323 does not apply to a person mentioned in 11
subsection (2) until the first prescribed notice application or 12
exemption notice application about the person is made after 13
the commencement. 14
`(6) In this section-- 15
transitional period means the period-- 16
(a) starting on the local government commencement date; 17
and 18
(b) ending 12 months after the local government 19
commencement date. 20
`480 Employing persons in other new regulated 21
employment 22
`(1) Subsections (2) and (3) apply if, immediately before the 23
commencement-- 24
(a) a person (the employee) was employed or was 25
continuing to be employed by another person (the 26
employer) in other new regulated employment as a 27
volunteer; and 28
(b) at the commencement, the person does not have a 29
current positive notice. 30
`(2) If the employee is not a police officer or registered teacher, 31
section 188 does not apply in relation to the employment of 32
the employee until-- 33
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(a) if a prescribed notice application about the person is 1
made before or during the transitional period and is not 2
withdrawn--the day a prescribed notice is issued to the 3
employee; or 4
(b) if a prescribed notice application about the person is 5
made before or during the transitional period and is 6
withdrawn--the day the application is withdrawn; or 7
(c) if a prescribed notice application about the person is not 8
made before or during the transitional period--the 9
transitional period ends. 10
Note-- 11
See, however, sections 195 and 196. 12
`(3) If the employee is a police officer or registered teacher, 13
section 251 does not apply in relation to the employment of 14
the employee until the transitional period ends. 15
Note-- 16
See, however, sections 257 and 258. 17
`(4) Subsections (5) and (6) apply if, immediately before the 18
commencement-- 19
(a) a person (the employee) was employed or was 20
continuing to be employed by another person (the 21
employer) in other new regulated employment other 22
than as a volunteer; and 23
(b) at the commencement, the person does not have a 24
current positive notice. 25
`(5) If the employee is not a police officer or registered teacher, 26
sections 191 to 193 do not apply in relation to the employment 27
of the employee until the transitional period ends. 28
Note-- 29
See, however, sections 194 to 196. 30
`(6) If the employee is a police officer or registered teacher, 31
sections 253 to 255 do not apply in relation to the employment 32
of the employee until the transitional period ends. 33
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Note-- 1
See, however, sections 256 to 258. 2
`(7) Section 323 does not apply to an employee mentioned in 3
subsection (1) or (4) until the first prescribed notice 4
application or exemption notice application about the person 5
is made after the commencement. 6
`(8) In this section-- 7
transitional period means-- 8
(a) if the employer for the other new regulated employment 9
is a government entity--the period starting at the 10
commencement and ending 12 months after the 11
commencement; or 12
(b) otherwise--the period starting at the commencement 13
and ending 6 months after the commencement. 14
`481 Carrying on other new regulated business 15
`(1) This section applies if, immediately before the 16
commencement-- 17
(a) a person was carrying on an other new regulated 18
business; and 19
(b) at the commencement, the person does not have a 20
current positive notice or current negative notice. 21
`(2) If the person is not a police officer or registered teacher, 22
section 197 does not apply to the person carrying on the other 23
new regulated business until-- 24
(a) if the person applies for a prescribed notice before or 25
during the transitional period and does not withdraw the 26
application--the day a prescribed notice is issued to the 27
person; or 28
(b) if the person applies for a prescribed notice before or 29
during the transitional period and withdraws the 30
application--the day of the withdrawal; or 31
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(c) if the person does not apply for a prescribed notice 1
before or during the transitional period--the transitional 2
period ends. 3
`(3) If the person is a police officer or registered teacher, section 4
259 does not apply to the person carrying on the other new 5
regulated business until the transitional period ends. 6
`(4) Section 323 does not apply to a person mentioned in 7
subsection (1) until the first prescribed notice application or 8
exemption notice application about the person is made after 9
the commencement. 10
`(5) In this section-- 11
transitional period means-- 12
(a) if the person carrying on the other new regulated 13
business is a government entity--the period starting at 14
the commencement and ending 12 months after the 15
commencement; or 16
(b) otherwise--the period starting at the commencement 17
and ending 6 months after the commencement. 18
`482 Effect of conviction for serious offence 19
`(1) This section applies in relation to a person with a positive 20
notice who is convicted of a serious offence before the 21
commencement if, at the commencement, the person has not 22
been issued a further prescribed notice as mentioned in 23
section 111 of the unamended Act. 24
`(2) Section 322 applies to the person as if the conviction 25
happened immediately after the commencement. 26
`(3) For subsection (2), if the person has given the person's 27
positive notice to the commissioner under section 117(2) of 28
the unamended Act, the person is taken to have given the 29
positive notice to the commissioner under section 322(2). 30
`(4) In this section-- 31
serious offence means serious offence as defined under the 32
unamended Act. 33
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`483 Existing applications to cancel negative notice 1
`(1) This section applies if-- 2
(a) a person has applied for a cancellation of the person's 3
negative notice under section 118 of the unamended 4
Act; and 5
(b) the application has not been decided or withdrawn at the 6
commencement. 7
`(2) If the application was made by a new relevant disqualified 8
person-- 9
(a) the application is taken to have been withdrawn; and 10
(b) the commissioner must give written notice of the 11
withdrawal to the person. 12
`(3) If the application is made by a person other than a new 13
relevant disqualified person, the application is taken to have 14
been made under section 236, and must be decided under that 15
section. 16
`484 Existing suspensions of positive notice 17
`(1) This section applies if-- 18
(a) the commissioner has given a notice under section 119C 19
of the unamended Act (suspension notice) suspending a 20
person's positive notice; and 21
(b) the suspension has not ended at the commencement. 22
`(2) The person's positive notice is taken to have been suspended 23
under section 240(2) and sections 240 and 241 apply to the 24
suspended positive notice. 25
`(3) If the person has applied for the positive notice to be cancelled 26
and a further positive notice or negative notice to be issued to 27
the person under section 119D of the unamended Act, the 28
application is taken to have been made under section 241 and 29
the commissioner must decide the application under that 30
section. 31
`(4) This section is subject to sections 471 and 472. 32
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`485 Continuation if commissioner acting on own initiative 1
`(1) This section applies if-- 2
(a) before the commencement, the commissioner had 3
started on the commissioner's own initiative to exercise 4
a power in relation to a person or a prescribed notice; 5
and 6
(b) the commissioner may, immediately after the 7
commencement, exercise the power under chapter 8. 8
`(2) The commissioner may continue to exercise the power under 9
chapter 8 in relation to the person or prescribed notice. 10
`(3) Subsection (2) applies even if the matters to which the 11
commissioner may or must have regard in exercising the 12
power, or any other powers that the commissioner may 13
exercise in relation to exercising the power, are different under 14
chapter 8. 15
`486 Effect of conviction or charge for new disqualifying 16
offence 17
`(1) For applying section 169(1)(a) or 170(a) in relation to a 18
person convicted of a new disqualifying offence, it is 19
immaterial as to when the offence was committed or when the 20
person was convicted of the offence. 21
Example-- 22
A new disqualifying offence may have been committed, and the person 23
convicted of the offence, before the commencement. 24
`(2) Section 240 applies in relation to a person who holds a current 25
positive notice who is charged with a new disqualifying 26
offence even if the charge, or the acts or omissions 27
constituting the alleged offence, happened before the 28
commencement. 29
`487 Replacement of positive notice or positive notice 30
blue card 31
`(1) This section applies if-- 32
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(a) a person's current positive notice or current positive 1
notice blue card is lost or stolen 14 days or less before 2
the commencement; and 3
(b) at the commencement, the person has not applied for a 4
replacement notice or card as required under section 120 5
of the unamended Act. 6
`(2) Section 120 of the unamended Act does not apply to the 7
person. 8
`(3) Section 347 applies to the person as if the reference to 14 days 9
after the loss or theft were a reference to the later of the 10
following-- 11
(a) 14 days after the loss or theft; 12
(b) 7 days after the commencement. 13
`488 Existing eligibility application by new relevant 14
disqualified person 15
`(1) This section applies to an application for an eligibility 16
declaration that-- 17
(a) was made under section 120F of the unamended Act by 18
a new relevant disqualified person; and 19
(b) has not been decided or withdrawn at the 20
commencement. 21
`(2) The application is taken to have been withdrawn. 22
`(3) The commissioner must give written notice of the withdrawal 23
to the person. 24
`489 Other existing eligibility applications 25
`(1) This section applies to an application for an eligibility 26
declaration (existing application) that-- 27
(a) was made under section 120F of the unamended Act by 28
a person other than a new relevant disqualified person; 29
and 30
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(b) has not been decided or withdrawn at the 1
commencement. 2
`(2) The existing application is taken to be an eligibility 3
application under section 178 (section 178 application) and 4
chapter 8, part 4, division 2 applies to the application. 5
`(3) Anything done or existing in relation to the existing 6
application is taken to have been done or existing in relation to 7
the section 178 application. 8
Examples for subsection (3)-- 9
1 The commissioner has given the applicant a notice asking for stated 10
information, including by way of a submission. The notice is taken 11
to have been given in relation to the section 178 application. 12
2 The commissioner has requested police information about the 13
applicant from the police commissioner. The request is taken to 14
have been made in relation to the section 178 application. 15
`(4) Subsection (3) applies only to the extent the thing can be done 16
or in existence in relation to the section 178 application under 17
chapter 8, part 4, division 2. 18
`490 Existing decisions on eligibility applications 19
`(1) An eligibility declaration issued under section 120H of the 20
unamended Act to a new relevant disqualified person is 21
cancelled. 22
`(2) An eligibility declaration issued under section 120H of the 23
unamended Act to a person other than a new relevant 24
disqualified person is taken to be an eligibility declaration 25
issued under section 180. 26
`(3) The reference to a refusal of an eligibility application in 27
section 178(2) is taken to include a reference to a refusal of an 28
eligibility application under section 120H of the unamended 29
Act. 30
`(4) Section 186 applies to a refusal under section 120H of the 31
unamended Act of an eligibility application made by a person 32
other than a new relevant disqualified person. 33
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`491 Existing reviews and appeals by new disqualified 1
person 2
`(1) This section applies if-- 3
(a) before the commencement, a person-- 4
(i) applied for a review of a decision of the 5
commissioner under section 121 of the unamended 6
Act; or 7
(ii) appealed under the QCAT Act against a decision of 8
QCAT relating to a review of a decision under 9
section 121 of the unamended Act; and 10
(b) the review or appeal has not been decided at the 11
commencement; and 12
(c) the person is a new disqualified person. 13
`(2) The entity hearing the review or appeal, or any proceeding 14
relating to the review or appeal, must dismiss the review or 15
appeal or the proceeding. 16
`492 Other existing reviews and appeals 17
`(1) This section applies if-- 18
(a) before the commencement, a person-- 19
(i) applied for a review of a decision of the 20
commissioner under section 121 of the unamended 21
Act; or 22
(ii) appealed under the QCAT Act against a decision of 23
QCAT relating to a review of a decision under 24
section 121 of the unamended Act; and 25
(b) the review or appeal has not been decided at the 26
commencement; and 27
(c) section 491 does not apply to the review or appeal. 28
`(2) The entity hearing the review or appeal must apply this Act in 29
relation to the matter the subject of the review or appeal. 30
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`(3) Without limiting subsection (2), the entity may exercise a 1
power of the commissioner under chapter 8, part 6, divisions 6 2
and 7 for deciding a review of or appeal against a decision of 3
the commissioner as to whether or not there is an exceptional 4
case for a person. 5
`(4) Subsection (5) applies if a disqualified person applied for the 6
review or the review to which the appeal relates before the 7
person became a disqualified person. 8
`(5) The entity hearing the review or appeal, or any proceeding in 9
relation to the review or appeal, must dismiss the review or 10
appeal, or the proceeding, on its own initiative or on 11
application by the commissioner. 12
`493 Person may apply for a review of a decision 13
`(1) This section applies to a decision of the commissioner made 14
before the commencement if-- 15
(a) immediately before the commencement, a person could 16
have, but has not, applied for a review of the decision 17
under section 121 of the unamended Act; and 18
(b) the period within which the person could have applied 19
for the review (the review period) has not passed; and 20
(c) the person is not a disqualified person. 21
`(2) The person may apply for a review of the decision under 22
section 354 within the review period. 23
`(3) To remove any doubt, it is declared that section 355 applies in 24
relation to the application for the review. 25
`494 Police commissioner's decision that information is 26
investigative information 27
`(1) This section applies in relation to an offence (new 28
investigative information offence) that-- 29
(a) is a schedule 6 offence; but 30
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(b) was not an offence mentioned in section 121A(1)(a) of 1
the unamended Act. 2
`(2) Section 305 applies in relation to a positive notice holder's 3
acts or omissions constituting a new investigative information 4
offence even if the acts were committed or omissions were 5
made before the commencement. 6
`495 Appeals against police commissioner's decision that 7
information is investigative information 8
`(1) Sections 121C to 121E of the unamended Act continue to 9
apply in relation to a decision of the police commissioner that 10
information about a person is investigative information made 11
before the commencement as if the amending Act had not 12
been enacted. 13
`(2) An appeal against a decision mentioned in subsection (1) must 14
be decided under the unamended Act. 15
`496 Notice about withdrawal of application or negative 16
notice 17
`(1) This section applies if-- 18
(a) under section 123A of the unamended Act, the 19
commissioner was required to give someone written 20
notice about the withdrawal of an application or that a 21
particular person has a current negative notice; and 22
(b) at the commencement, the notice has not been given. 23
`(2) The commissioner must give the notice under section 123A of 24
the unamended Act as if the amending Act had not been 25
enacted. 26
`497 Dealing with information 27
`(1) Information obtained by the commissioner under part 6 of the 28
unamended Act is taken to have been obtained under chapter 29
8. 30
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`(2) Without limiting subsection (1), section 345 applies to the 1
information as if the reference to using the information under 2
chapter 8 in the section included a reference to using the 3
information under part 6 of the unamended Act. 4
`498 Disqualification orders for acts done or omissions 5
made before commencement 6
`A court may make a disqualification order under section 357 7
in relation to a person convicted of an offence after the 8
commencement arising out of an act done or omission made 9
before the commencement. 10
`Division 3 Transitional provisions relating to 11
previous part 7 12
`499 Notice about change in criminal history not given at 13
the commencement 14
`(1) This section applies if-- 15
(a) before the commencement, there is a change in a staff 16
member's criminal history; and 17
(b) at the commencement, the staff member has not 18
disclosed the details of the change to the commissioner 19
as required by section 133 of the unamended Act. 20
`(2) Despite section 133 of the unamended Act, the person is no 21
longer required to give the details. 22
`500 Request for prescribed police information not 23
complied with at the commencement 24
`(1) This section applies if-- 25
(a) the commissioner has, under section 136 of the 26
unamended Act, asked the police commissioner for 27
prescribed police information about a person; and 28
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(b) at the commencement, the police commissioner has not 1
given the prescribed police information to the 2
commissioner. 3
`(2) Despite section 136(3) of the unamended Act, the police 4
commissioner is no longer required to comply with the 5
commissioner's request. 6
`501 Particular prescribed police information obtained 7
but not used before commencement 8
`(1) This section applies if-- 9
(a) before the commencement, the police commissioner 10
gave the commissioner a person's prescribed police 11
information under section 136 of the unamended Act; 12
and 13
(b) at the commencement, the commissioner has not, in 14
relation to the prescribed police information, made an 15
assessment about the person's suitability to be, or 16
continue to be, a staff member under section 138 of the 17
unamended Act. 18
`(2) The commissioner must immediately-- 19
(a) destroy the prescribed police information; and 20
(b) stop making the assessment. 21
Note-- 22
Now see the following for assessing the person's suitability to be, or 23
continue to be, a staff member-- 24
(a) if the person is employed in regulated employment--section 36 and 25
chapter 8; 26
(b) otherwise--the Public Service Act 2008, chapter 5, part 6. 27
`502 Notice not given by prosecuting authority at the 28
commencement 29
`(1) This section applies if-- 30
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(a) before the commencement, a staff member is charged 1
with an indictable offence; and 2
(b) at the commencement, the police commissioner or 3
director of public prosecutions (a prosecuting 4
authority) has not given information about the charge to 5
the commissioner as required by section 137 of the 6
unamended Act. 7
`(2) Despite section 137 of the unamended Act, the prosecuting 8
authority is no longer required to give the information. 9
`503 Use of particular information obtained before 10
commencement 11
`Section 138(2) of the unamended Act continues to apply in 12
relation to information about a person received by the 13
commissioner under part 7 of the unamended Act as if the 14
amending Act had not been enacted. 15
`Division 4 Other transitional provision 16
`504 References to Youth Justice Act 1992 17
`(1) This section applies to a reference to the Youth Justice Act 18
1992 in a provision of this Act if the provision commences 19
before the JJA short title amendment commences. 20
`(2) Until the JJA short title amendment commences, the reference 21
is taken to be a reference to the Juvenile Justice Act 1992. 22
`(3) In this section-- 23
JJA short title amendment means the Juvenile Justice and 24
Other Acts Amendment Act 2009, section 9.'. 25
Clause 65 Amendment of sch 1 (Regulated employment and 26
businesses for employment screening) 27
(1) Schedule 1, authorising provision, `section 97'-- 28
omit, insert-- 29
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`section 156'. 1
(2) Schedule 1, section 1(2), from `if'-- 2
omit, insert-- 3
`if the employment is part of a licensed care service.'. 4
(3) Schedule 1, sections 2(b) and 3(2)(a), `a registered'-- 5
omit, insert-- 6
`an approved'. 7
(4) Schedule 1, section 4(1)(c)-- 8
omit. 9
(5) Schedule 1, section 5(1), `, other than a registered health 10
practitioner,'-- 11
omit. 12
(6) Schedule 1, section 5(1)(a)-- 13
omit, insert-- 14
`(a) a health service to a child at a health facility-- 15
(i) if services provided at the facility are provided 16
only or mainly to children; or 17
Examples of health facilities for subparagraph (i)-- 18
a children's hospital, a child health clinic 19
(ii) if the employee's employment involves providing 20
services only or mainly to children; 21
Examples for subparagraph (ii)-- 22
· a person whose employment involves only or mainly 23
providing a health service in the paediatric section of 24
a hospital 25
· a person whose employment involves only or mainly 26
operating child health screening at a community 27
health facility 28
(aa) a health service to a child other than at a health 29
facility-- 30
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(i) that, by its nature, requires physical contact with 1
the child; or 2
Example for subparagraph (i)-- 3
a person providing massage services to children 4
(ii) if the employee is physically present with the child 5
while no-one else is present;'. 6
(7) Schedule 1, section 5(1)(aa) to (c)-- 7
renumber as schedule 1, section 5(1)(b) to (d). 8
(8) Schedule 1, section 5-- 9
insert-- 10
`(1A) Also, employment is regulated employment if-- 11
(a) the employer is a funded non-government service 12
provider; and 13
(b) any of the usual functions of the employment are carried 14
out, or are likely to be carried out, at a child-related 15
service outlet of the funded non-government service 16
provider.'. 17
(9) Schedule 1, section 5(2)(b), `a registered'-- 18
omit, insert-- 19
`an approved'. 20
(10) Schedule 1, section 5(2)(d) and (e)-- 21
omit, insert-- 22
`(d) the employee is-- 23
(i) a consumer at a child-related service outlet of a 24
funded non-government service provider, even if 25
the consumer carries out work at the outlet; or 26
(ii) a volunteer who-- 27
(A) is a relative of a person with a disability who 28
is receiving disability services at a 29
child-related service outlet of a funded 30
non-government service provider; and 31
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(B) is at the service outlet only to help with the 1
care of the person.'. 2
(11) Schedule 1, section 5(3)-- 3
insert-- 4
`consumer, in relation to a child-related service outlet of a 5
funded non-government service provider, means a person with 6
a disability who is provided with disability services at the 7
outlet.'. 8
(12) Schedule 1, section 5(3), definition health service, paragraph 9
(a)-- 10
omit, insert-- 11
`(a) a service for maintaining, improving, restoring or caring 12
for a person's health or wellbeing, including, for 13
example, the following-- 14
(i) a service providing personal care to a person who 15
is ill, injured or otherwise infirm; 16
Examples of providing personal care-- 17
· help with personal hygiene 18
· help with dressing 19
· services provided by an assistant in a ward of a 20
hospital, including lifting and turning bedridden 21
patients and moving patients from a place to another 22
place 23
(ii) a service providing respite care; 24
(iii) a service provided by a practitioner of hypnosis, 25
naturopathy, acupuncture or another form of 26
natural or alternative health care; 27
(iv) a massage service, including a massage service for 28
relaxation; 29
(v) a service provided by a health student in the 30
student's capacity as a health student;'. 31
(13) Schedule 1, section 5(3), definition hospital-- 32
relocate to schedule 4. 33
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(14) Schedule 1, section 5(1A) to (3)-- 1
renumber as schedule 1, section 5(2) to (4). 2
(15) Schedule 1, section 6(2), from `if--'-- 3
omit, insert-- 4
`if the employer is an education provider.'. 5
(16) Schedule 1, section 6A(2), from `if'-- 6
omit, insert-- 7
`if the employer is a provider under the Education (General 8
Provisions) Act 2006, section 232.'. 9
(17) Schedule 1, section 6B(3), from `if'-- 10
omit, insert-- 11
`if the home stay provider is a relative of the child who 12
receives the child accommodation service to which the 13
employment relates.'. 14
(18) Schedule 1, section 6D(2)(b)-- 15
omit. 16
(19) Schedule 1, section 6D(2)(d), `section 4(1)(b)'-- 17
omit, insert-- 18
`section 5(1)(b)'. 19
(20) Schedule 1, section 6D(2)(c) and (d)-- 20
renumber as schedule 1, section 6D(2)(b) and (c). 21
(21) Schedule 1, section 8(1), `, other than a registered health 22
practitioner,'-- 23
omit. 24
(22) Schedule 1, section 8(1)-- 25
insert-- 26
`(d) a service at a child-related service outlet of a funded 27
non-government service provider.'. 28
(23) Schedule 1, section 8(2), from `business is'-- 29
Page 264
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Part 5 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 65]
omit, insert-- 1
`business is a licensed care service.'. 2
(24) Schedule 1, section 8(3), definition health service, paragraph 3
(a)-- 4
omit, insert-- 5
`(a) a service for maintaining, improving, restoring or caring 6
for a person's health or wellbeing, including, for 7
example, the following-- 8
(i) a service providing personal care to a person who 9
is ill, injured or otherwise infirm; 10
Examples of providing personal care-- 11
· help with personal hygiene 12
· help with dressing 13
· services provided by an assistant in a ward of a 14
hospital, including lifting and turning bedridden 15
patients and moving patients from a place to another 16
place 17
(ii) a service providing respite care; 18
(iii) a service provided by a practitioner of hypnosis, 19
naturopathy, acupuncture or another form of 20
natural or alternative health care; 21
(iv) a massage service, including a massage service for 22
relaxation; 23
(v) a service provided by a health student in the 24
student's capacity as a health student;'. 25
(25) Schedule 1, section 8(3), definition hospital-- 26
omit. 27
(26) Schedule 1, section 14(2)(b), `section 4(1)(b)'-- 28
omit, insert-- 29
`section 5(1)(b)'. 30
(27) Schedule 1, section 15(2)-- 31
omit. 32
Page 265
Criminal History Screening Legislation Amendment Bill 2010
Part 5 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 65]
(28) Schedule 1, sections 3A to 16-- 1
renumber as schedule 1, sections 4 to 24. 2
(29) Schedule 1-- 3
insert-- 4
`25 Non-State schools--directors of governing bodies and 5
authorised persons 6
`The Education (Accreditation of Non-State Schools) Act 7
2001, sections 15 and 140 provide for particular persons who 8
are taken to be carrying on a regulated business. 9
`Part 3 Employment to which chapter 8 10
of this Act does not apply 11
`26 Person engaged in employment for the police service 12
`Chapter 8 of this Act does not apply to the employment of a 13
person who, within the meaning of the Police Service 14
Administration Act 1990, section 5AA.3, is a person engaged 15
by the service, to the extent the person is performing a 16
function mentioned in the Police Service Administration Act 17
1990, section 2.3. 18
`27 Employment of relevant person under the Corrective 19
Services Act 2006 20
`Chapter 8 of this Act does not apply to the employment of a 21
person who is a person mentioned in the Corrective Services 22
Act 2006, section 327, definition relevant person, to the extent 23
the employment relates to the person's functions under that 24
Act. 25
`28 Registered health practitioners 26
`Chapter 8 of this Act does not apply to the employment of a 27
person who is a registered health practitioner to the extent the 28
Page 266
Criminal History Screening Legislation Amendment Bill 2010
Part 5 Amendment of Commission for Children and Young People and Child Guardian Act
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[s 66]
employment relates to the person's functions as a registered 1
health practitioner. 2
`29 Person providing only help or guidance to child employee 3
`(1) Chapter 8 of this Act does not apply to the employment of a 4
person only because the person gives help or guidance to a 5
child as part of the child's employment. 6
`(2) However, chapter 8 of this Act does apply to the employment 7
of the person if the employment is otherwise regulated 8
employment under part 1 of this schedule.'. 9
Clause 66 Amendment of sch 2 (Current serious offences) 10
(1) Schedule 2, authorising provision, `section 99C'-- 11
omit, insert-- 12
`section 167'. 13
(2) Schedule 2, all entries, third column, heading, `Limitation'-- 14
omit, insert-- 15
`Qualification'. 16
(3) Schedule 2, entry for Classification of Publications Act 1991, 17
entry for section 17 of that Act-- 18
omit, insert-- 19
`17(1) Producing only if an offender was or could have
prohibited been liable as mentioned in section
publication 17(1), penalty, paragraph (c)
17(2) Producing only if an offender was or could have
prohibited been liable as mentioned in section
publication 17(2), penalty, paragraph (c)
17(3) and Producing
(4) prohibited
publication'.
Page 267
Criminal History Screening Legislation Amendment Bill 2010
Part 5 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 67]
(4) Schedule 2, entry for Criminal Code, entry for sections 229G, 1
229H and 229I, after `mentioned in'-- 2
insert-- 3
`section'. 4
(5) Schedule 2-- 5
insert-- 6
`8 Customs Act 1901 (Cwlth)
Provision Relevant heading Qualification relating to the provision of
of Act the Act
233BAB Special offence if the offence involved child
relating to tier 2 pornography or child abuse material'.
goods
Clause 67 Amendment and renumbering of sch 2A (Repealed or 7
expired serious offences) 8
(1) Schedule 2A, authorising provision, `section 99C'-- 9
omit, insert-- 10
`section 167'. 11
(2) Schedule 2A-- 12
renumber as schedule 3. 13
Clause 68 Amendment and renumbering of sch 2B (Current 14
disqualifying offences) 15
(1) Schedule 2B, authorising provision, `section 120B(1)'-- 16
omit, insert-- 17
`section 168'. 18
(2) Schedule 2B, entry for Classification of Publications Act 19
1991, entry for section 15 of that Act-- 20
Page 268
Criminal History Screening Legislation Amendment Bill 2010
Part 5 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 68]
omit, insert-- 1
`15 Exhibition or only if an offender was or could have
display of been liable as mentioned in section 15,
prohibited penalty, paragraph (c)'.
publication or child
abuse photograph
(3) Schedule 2B, entry for Classification of Publications Act 2
1991, entry for section 17 of that Act-- 3
omit, insert-- 4
`17(1) Producing only if an offender was or could have
prohibited been liable as mentioned in section
publication 17(1), penalty, paragraph (c)
17(2) Producing only if an offender was or could have
prohibited been liable as mentioned in section
publication 17(2), penalty, paragraph (c)
17(3) and Producing
(4) prohibited
publication'.
(4) Schedule 2B, entry for Criminal Code, entry for section 208 5
of the Code-- 6
omit, insert-- 7
`208 Unlawful sodomy for an offence committed before 1 July
1997, only if committed against a child
or a person with an impairment of the
mind'.
(5) Schedule 2B, entry for Criminal Code, entries for section 216 8
and 217 of the Code-- 9
Page 269
Criminal History Screening Legislation Amendment Bill 2010
Part 5 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 69]
omit, insert-- 1
`216 Abuse of persons
with an impairment
of the mind
217 Procuring young
person etc. for
carnal knowledge'.
(6) Schedule 2B, entry for Customs Act 1901 (Cwlth), second 2
column, `offences'-- 3
omit, insert-- 4
`offence'. 5
(7) Schedule 2B-- 6
renumber as schedule 4. 7
Clause 69 Amendment and renumbering of sch 2C (Repealed or 8
expired disqualifying offences) 9
(1) Schedule 2C, authorising provision, `section 120B(1)'-- 10
omit, insert-- 11
`section 168'. 12
(2) Schedule 2C-- 13
renumber as schedule 5. 14
Clause 70 Insertion of new sch 6 15
After schedule 5, as renumbered under this Act-- 16
insert-- 17
Page 270
Criminal History Screening Legislation Amendment Bill 2010
Part 5 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 70]
`Schedule 6 Offences that may form basis 1
of investigative information 2
section 305(3) and (4) 3
1 Classification of Computer Games and Images Act 1995
Provision Relevant heading Qualification relating to the provision of
of Act the Act
23 Demonstration of
an objectionable
computer game
before a minor
28 Obtaining minor
for objectionable
computer game
2 Classification of Films Act 1991
Provision Relevant heading Qualification relating to the provision of
of Act the Act
43 Procurement of
minor for
objectionable film
3 Classification of Publications Act 1991
Provision Relevant heading Qualification relating to the provision of
of Act the Act
18 Procurement of
minor for RC
publication or child
abuse photograph
Page 271
Criminal History Screening Legislation Amendment Bill 2010
Part 5 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 70]
4 Criminal Code
Provision Relevant heading Qualification relating to the provision of
of Act the Act
208 Unlawful sodomy for an offence committed before 1 July
1997, only if committed against a child
or a person with an impairment of the
mind
210 Indecent treatment
of children under
16
213 Owner etc.
permitting abuse of
children on
premises
215 Carnal knowledge
with or of children
under 16
216 Abuse of persons
with an impairment
of the mind
217 Procuring young
person etc. for
carnal knowledge
218 Procuring sexual if the offence was committed against a
acts by coercion child or a person with a disability
etc.
219 Taking child for
immoral purposes
221 Conspiracy to if the offence was committed against a
defile child or a person with a disability
222 Incest if the offence was committed against a
child or a person with a disability
Page 272
Criminal History Screening Legislation Amendment Bill 2010
Part 5 Amendment of Commission for Children and Young People and Child Guardian Act
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[s 70]
228A Involving child in
making child
exploitation
material
229B Maintaining a
sexual relationship
with a child
229G Procuring only if an offender was or could have
prostitution been liable as mentioned in section
229G(2)
229H Knowingly only if an offender was or could have
participating in been liable as mentioned in section
provision of 229H(2)
prostitution
229L Permitting young
person etc. to be at
place used for
prostitution
300 Unlawful homicide only if the unlawful killing is murder
under section 302 and was committed
against a child or a person with a
disability
349 Rape if the offence was committed against a
child or person with a disability
350 Attempt to commit if the offence was committed against a
rape child or a person with a disability
351 Assault with intent if the offence was committed against a
to commit rape child or a person with a disability
352 Sexual assaults if the offence was committed against a
child or a person with a disability
5 Crimes Act 1914 (Cwlth)
Provision Relevant heading Qualification relating to the provision of
of Act the Act
Page 273
Criminal History Screening Legislation Amendment Bill 2010
Part 5 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 71]
50BA Sexual intercourse
with child under 16
50BB Inducing child
under 16 to engage
in sexual
intercourse
50BC Sexual conduct
involving child
under 16
50BD Inducing child
under 16 to be
involved in sexual
conduct
6 Criminal Code (Cwlth)
Provision Relevant heading Qualification relating to the provision of
of Act the Act
270.6 Sexual servitude only if an offender was or could have
offences been liable as mentioned in section
270.8 or if the offence is committed
against a person with a disability
270.7 Deceptive only if an offender was or could have
recruiting for been liable as mentioned in section
sexual services 270.8 or if the offence is committed
against a person with a disability'.
Clause 71 Amendment and renumbering of sch 4 (Dictionary) 1
(1) Schedule 4, definitions CPOPOA disqualification order, 2
current, disciplinary information, disqualification order, 3
disqualified person, disqualifying offence, eligibility 4
application, eligibility declaration, employment, 5
employment-screening decision, investigative information, 6
negative notice, positive notice, prescribed notice, registered 7
health practitioner, registered teacher, regulated business, 8
Page 274
Criminal History Screening Legislation Amendment Bill 2010
Part 5 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 71]
regulated employment, relative, relevant disqualified person, 1
serious offence, staff member and volunteer-- 2
omit. 3
(2) Schedule 4-- 4
insert-- 5
`accreditation board means the Non-State Schools 6
Accreditation Board established under the Education 7
(Accreditation of Non-State Schools) Act 2001, section 105. 8
amending Act, for chapter 11, part 13, see section 465. 9
approved teacher means-- 10
(a) a person who holds full registration or provisional 11
registration under the Education (Queensland College of 12
Teachers) Act 2005; or 13
(b) a person who holds a permission to teach under the 14
Education (Queensland College of Teachers) Act 2005. 15
chapter 8 reviewable decision see section 353. 16
chief executive (child care) means the chief executive of the 17
department in which the Child Care Act 2002 is administered. 18
chief executive (disability services) means the chief executive 19
of the department in which the Disability Services Act 2006 is 20
administered. 21
child-related service outlet means a place at which disability 22
services are provided to children. 23
college of teachers means the Queensland College of 24
Teachers established under the Education (Queensland 25
College of Teachers) Act 2005, section 229. 26
CPOPOA disqualification order means a disqualification 27
order made under the Offender Prohibition Order Act, section 28
25. 29
current-- 30
(a) for a prescribed notice--means current under section 31
231; or 32
Page 275
Criminal History Screening Legislation Amendment Bill 2010
Part 5 Amendment of Commission for Children and Young People and Child Guardian Act
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[s 71]
(b) for an exemption notice--means current under section 1
289. 2
director, of a school's governing body, see the Education 3
(Accreditation of Non-State Schools) Act 2001, schedule 3. 4
disability services see the Disability Services Act 2006, 5
section 12. 6
disability services regulated business, for chapter 11, part 13, 7
see section 465. 8
disability services regulated employment, for chapter 11, part 9
13, see section 465. 10
disciplinary information means information received by the 11
commissioner-- 12
(a) under the Child Care Act 2002, section 50A or 107A; or 13
(b) under the Child Protection Act 1999, section 140A; or 14
(c) under the Education (Queensland College of Teachers) 15
Act 2005, section 285, or the repealed Education 16
(Teacher Registration) Act 1988, section 71B; or 17
(d) under the Education (Queensland College of Teachers) 18
Act 2005, section 285A in relation to a matter mentioned 19
in subsection (1)(a)(ii) to (v) of that section; or 20
(e) under the Health Practitioners (Professional Standards) 21
Act 1999, section 384A; or 22
(f) under the Nursing Act 1992, section 139A. 23
disqualification order means-- 24
(a) an order under section 357; or 25
(b) a CPOPOA disqualification order. 26
disqualified person see section 169. 27
disqualifying offence see section 168. 28
eligibility application see section 178. 29
eligibility declaration see section 177. 30
employment-- 31
Page 276
Criminal History Screening Legislation Amendment Bill 2010
Part 5 Amendment of Commission for Children and Young People and Child Guardian Act
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[s 71]
(a) in relation to the engagement of a person under the 1
Child Care Act 2002--see section 163; or 2
(b) in relation to a trainee student--see sections 161 and 3
162; or 4
(c) in relation to regulated employment mentioned in 5
schedule 1, section 14(1) or (2)--includes employment 6
by the State in the circumstances mentioned in section 7
164; or 8
(d) otherwise for chapter 8, chapter 11, part 7 or schedule 9
1--see section 161. 10
employment-screening decision, in relation to a person, 11
means a decision about-- 12
(a) whether a positive notice or a negative notice should be 13
issued to the person, including a decision about-- 14
(i) whether a person's positive notice should be 15
cancelled and substituted with a negative notice or 16
negative exemption notice; and 17
(ii) whether a person's negative notice should be 18
cancelled and, if so, whether a positive notice 19
should be issued to the person; and 20
(iii) whether a person's negative notice should be 21
cancelled and substituted with a positive notice or 22
positive exemption notice; and 23
(iv) whether a person's suspended positive notice 24
should be cancelled and a further prescribed notice 25
or an exemption notice issued to the person; or 26
(b) whether a positive exemption notice or negative 27
exemption notice should be issued to the person, 28
including a decision about-- 29
(i) whether a person's positive exemption notice 30
should be cancelled and substituted with a negative 31
exemption notice; and 32
(ii) whether a person's negative exemption notice 33
should be cancelled and, if so, whether a positive 34
Page 277
Criminal History Screening Legislation Amendment Bill 2010
Part 5 Amendment of Commission for Children and Young People and Child Guardian Act
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[s 71]
exemption notice or positive notice should be 1
issued to the person; and 2
(iii) whether a person's negative exemption notice 3
should be cancelled and substituted with a positive 4
exemption notice or positive notice; or 5
(iv) whether a person's suspended positive exemption 6
notice should be cancelled and a further exemption 7
notice or a prescribed notice issued to the person; 8
or 9
(c) whether an eligibility declaration should be issued to the 10
person. 11
exceptional case means exceptional case as mentioned in 12
section 221(2), 222(2), 223(4) or 225(2). 13
exemption notice means a notice issued under section 282. 14
exemption notice application means an application for an 15
exemption notice under chapter 8, part 5, division 6 or 7. 16
final sexual offender order means a division 3 order under 17
the Dangerous Prisoners (Sexual Offenders) Act 2003. 18
funded non-government service provider see the Disability 19
Services Act 2006, section 17. 20
guardian, of a person with a disability, means a guardian 21
appointed for the person under the Guardianship and 22
Administration Act 2000. 23
health facility-- 24
(a) means a hospital, nursing home, community health 25
facility or another similar place; and 26
(b) includes a place that is used as a hospital, nursing home 27
or community health facility on a temporary basis. 28
health professional means-- 29
(a) a registered health practitioner; or 30
(b) a health care worker; or 31
(c) an assistant to a health practitioner. 32
Page 278
Criminal History Screening Legislation Amendment Bill 2010
Part 5 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 71]
Examples for paragraph (c)-- 1
dental assistant, nurses aide 2
health student means a person to whom education or training 3
is being provided at a health facility if the education or 4
training enables the person to whom it is provided-- 5
(a) to obtain the necessary education or qualification to 6
become a health professional; or 7
(b) to obtain the necessary registration, enrolment or other 8
authorisation (however called) to practise as a health 9
professional; or 10
(c) to complete a course of study for paragraph (b). 11
health student regulated business, for chapter 11, part 13, see 12
section 465. 13
health student regulated employment, for chapter 11, part 13, 14
see section 465. 15
interim sexual offender order means an interim detention 16
order or interim supervision order under the Dangerous 17
Prisoners (Sexual Offenders) Act 2003. 18
investigative information see section 305. 19
issue, for chapter 8, part 7, division 3, see section 353. 20
minimum frequency for regulated employment means-- 21
(a) at least 8 consecutive days; or 22
(b) at least once a week for each week during a period of 4 23
weeks; or 24
(c) at least once a fortnight for each fortnight during a 25
period of 8 weeks; or 26
(d) at least once a month for each month during a period of 27
6 months. 28
negative exemption notice see section 282(b). 29
negative notice see section 220(b). 30
new disqualified person, for chapter 11, part 13, see section 31
465. 32
Page 279
Criminal History Screening Legislation Amendment Bill 2010
Part 5 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 71]
new disqualifying offence, for chapter 11, part 13, see section 1
465. 2
new local government regulated business, for chapter 11, 3
part 13, see section 465. 4
new local government regulated employment, for chapter 11, 5
part 13, see section 465. 6
new relevant disqualified person, for chapter 11, part 13, see 7
section 465. 8
notice of deemed withdrawal means a written notice stating-- 9
(a) for a prescribed notice application or exemption notice 10
application about a person made by someone else--that 11
the person is taken to have withdrawn his or her consent 12
to employment screening under chapter 8; or 13
(b) for a prescribed notice application or exemption notice 14
application about a person made by the person--that the 15
person is taken to have withdrawn the application. 16
notifiable person, for a person-- 17
(a) means-- 18
(i) if the person has applied for, started or is 19
continuing in, regulated employment--the 20
person's employer; or 21
(ii) if the person is a trainee student of an education 22
provider--the education provider; or 23
(iii) if the commissioner is aware that the person is a 24
licensee or the nominee of a licensee under the 25
Child Care Act 2002--the chief executive (child 26
care); or 27
(iv) if the commissioner is aware that the person is an 28
adult occupant of a home in which child care is 29
provided in the course of a licensed home based 30
service under the Child Care Act 2002--the 31
licensee of the home based service under that Act; 32
or 33
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Criminal History Screening Legislation Amendment Bill 2010
Part 5 Amendment of Commission for Children and Young People and Child Guardian Act
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[s 71]
(v) if the commissioner is aware that the person is an 1
adult occupant of a home in which stand alone 2
child care is provided under the Child Care Act 3
2002--the chief executive (child care); or 4
(vi) if the commissioner is aware that the person is 5
carrying on a regulated business as a religious 6
representative--an entity within the relevant 7
organised or recognised religious group that the 8
commissioner reasonably considers has 9
responsibility for supervising or disciplining the 10
person; or 11
(vii) if the commissioner is aware that the person is the 12
nominee for, or an executive officer of an applicant 13
for or holder of, a licence under the Child 14
Protection Act 1999--the chief executive (child 15
safety); and 16
(b) for chapter 8, part 5 other than sections 298 to 17
300--includes-- 18
(i) if the person is a police officer--the police 19
commissioner; or 20
(ii) if the person is a registered teacher--the college of 21
teachers. 22
offender reporting obligations means reporting obligations 23
under the Offender Reporting Act. 24
other new regulated business, for chapter 11, part 13, see 25
section 465. 26
other new regulated employment, for chapter 11, part 13, see 27
section 465. 28
person with a disability means a person with a disability 29
within the meaning of the Disability Services Act 2006, 30
section 11. 31
positive exemption notice see section 282(a). 32
positive notice see section 220(a). 33
prescribed fee means fee prescribed under a regulation. 34
Page 281
Criminal History Screening Legislation Amendment Bill 2010
Part 5 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 71]
prescribed notice means a notice issued under section 220. 1
prescribed notice application means an application for a 2
prescribed notice under chapter 8, part 4, division 7 or 8. 3
prescribed period, for chapter 8, part 7, division 3, see section 4
353. 5
prescribed police information, for chapter 11, part 13, see 6
section 465. 7
previous section 97, for chapter 11, part 13, see section 465. 8
registered health practitioner means-- 9
(a) a person registered under any of the following Acts-- 10
· Chiropractors Registration Act 2001 11
· Dental Practitioners Registration Act 2001 12
· Dental Technicians and Dental Prosthetists 13
Registration Act 2001 14
· Medical Practitioners Registration Act 2001 15
· Medical Radiation Technologists Registration Act 16
2001 17
· Occupational Therapists Registration Act 2001 18
· Optometrists Registration Act 2001 19
· Osteopaths Registration Act 2001 20
· Pharmacists Registration Act 2001 21
· Physiotherapists Registration Act 2001 22
· Podiatrists Registration Act 2001 23
· Psychologists Registration Act 2001 24
· Speech Pathologists Registration Act 2001; or 25
(b) a person enrolled, registered or authorised to practice 26
under the Nursing Act 1992. 27
registered teacher means a person who holds full registration 28
or provisional registration under the Education (Queensland 29
College of Teachers) Act 2005 and whose full or provisional 30
Page 282
Criminal History Screening Legislation Amendment Bill 2010
Part 5 Amendment of Commission for Children and Young People and Child Guardian Act
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[s 71]
registration is not suspended under section 48 or 49 of that 1
Act. 2
regulated business see section 156. 3
regulated employment see section 156. 4
relative, of a person-- 5
(a) means the person's parent, grandparent, great 6
grandparent, brother, sister, uncle, aunt, niece, nephew 7
or first cousin; and 8
(b) for an Aboriginal person--includes a person who, under 9
Aboriginal tradition, is regarded as a relative mentioned 10
in paragraph (a); and 11
(c) for a Torres Strait Islander--includes a person who, 12
under Island custom, is regarded as a relative mentioned 13
in paragraph (a); and 14
(d) for a person with a parent who is not a natural 15
parent--includes anyone who would be a relative 16
mentioned in paragraph (a) if the parent were a natural 17
parent. 18
Example for paragraph (d)-- 19
The daughter of a person's step-parent is a relative of the person. 20
relevant disqualified person see section 170. 21
relevant disqualified person decision, for chapter 8, part 7, 22
division 3, see section 353. 23
relevant review and appeal information, for a decision about 24
a person, means the following information-- 25
(a) if the reasons for the decision do not include 26
investigative information--the circumstances in which 27
the person may apply to QCAT for a review of the 28
decision under chapter 8, part 7, division 3; and 29
(b) if the reasons for the decision include investigative 30
information-- 31
(i) the right of the person to appeal, under section 307, 32
to a Magistrates Court about the police 33
Page 283
Criminal History Screening Legislation Amendment Bill 2010
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[s 71]
commissioner's decision that the information is 1
investigative information; and 2
(ii) the circumstances in which the person may apply 3
to QCAT for a review of the decision under section 4
309(3); 5
(c) the period within which the person must apply to QCAT 6
for the review or appeal to a Magistrates Court; 7
(d) how the person may apply for the review to QCAT or 8
appeal to a Magistrates Court; 9
(e) there is no review or appeal under this Act in relation to 10
the decision other than as mentioned in paragraph (a) or 11
(b). 12
section 93A transcript has the meaning it has under the 13
Evidence Act 1977, section 93AA. 14
serious offence see section 167. 15
sexual offender order means a division 3 order, interim 16
detention order or interim supervision order under the 17
Dangerous Prisoners (Sexual Offenders) Act 2003. 18
staff member-- 19
(a) of a visitable site, means-- 20
(i) a person in charge of the site; or 21
(ii) another person who is concerned with, or takes 22
part in, the management of the site; or 23
(iii) another person who is a member of the staff at the 24
site; or 25
(b) in relation to a child care service--see the Child Care 26
Act 2002, section 57; or 27
(c) for chapter 11, part 13--see section 465. 28
transitioning person, for chapter 8, part 5, means a person 29
who is a police officer or registered teacher who holds a 30
current positive notice that was issued to the person-- 31
(a) before chapter 8, part 5 took effect under section 475; or 32
Page 284
Criminal History Screening Legislation Amendment Bill 2010
Part 6 Amendment of Community Services Act 2007
[s 72]
(b) under section 468(3) or 470; or 1
(c) before the person became a police officer or registered 2
teacher. 3
unamended Act, for chapter 11, part 13, see section 465. 4
volunteer see section 165.'. 5
(3) Schedule 4-- 6
renumber as schedule 7. 7
Part 6 Amendment of Community 8
Services Act 2007 9
Clause 72 Act amended 10
This part amends the Community Services Act 2007. 11
Clause 73 Omission of pt 10 (Screening of persons engaged by the 12
department) 13
Part 10-- 14
omit. 15
Clause 74 Amendment of s 127 (Confidentiality of information about 16
criminal history and related information) 17
(1) Section 127(1)(b), after `under'-- 18
insert-- 19
`previous'. 20
(2) Section 127(4)-- 21
insert-- 22
`engaged by the department means engaged by the 23
department within the meaning of section 100 of this Act as in 24
Page 285
Criminal History Screening Legislation Amendment Bill 2010
Part 6 Amendment of Community Services Act 2007
[s 75]
force from time to time before the commencement of this 1
definition. 2
previous part 10 means part 10 of this Act as in force from 3
time to time before the commencement of this definition. 4
serious offence means an offence that was a serious offence 5
under section 103 of this Act as in force from time to time 6
before the commencement of this definition.'. 7
Clause 75 Amendment of s 136 (Definitions for div 1) 8
(1) Section 136, heading, `Definitions'-- 9
omit, insert-- 10
`Definition'. 11
(2) Section 136, definition commencement, `this part'-- 12
omit, insert-- 13
`this division'. 14
Clause 76 Amendment of s 137 (Certain service providers taken to 15
be approved under part 3 and to be funded service 16
providers) 17
Section 137, heading, `part'-- 18
omit, insert-- 19
`pt'. 20
Clause 77 Insertion of new pt 13, div 3 21
Part 13-- 22
insert-- 23
Page 286
Criminal History Screening Legislation Amendment Bill 2010
Part 6 Amendment of Community Services Act 2007
[s 77]
`Division 3 Provisions for Criminal History 1
Screening Legislation Amendment 2
Act 2010 3
`141 Definitions for div 3 4
`In this division-- 5
commencement means the commencement of this section. 6
engaged by the department means engaged by the department 7
as defined under section 100 of the unamended Act. 8
police commissioner means the commissioner of the police 9
service. 10
police information means a report or other information 11
mentioned in section 108(2) of the unamended Act. 12
unamended Act means this Act as in force from time to time 13
before the commencement. 14
`142 Notice about change in criminal history not given at 15
the commencement 16
`(1) This section applies if-- 17
(a) before the commencement, there is a change in the 18
criminal history of a person engaged by the department; 19
and 20
(b) at the commencement, the person has not disclosed the 21
details of the change to the chief executive as required 22
by section 105 of the unamended Act. 23
`(2) Despite section 105 of the unamended Act, the person is no 24
longer required to give the details to the chief executive under 25
this Act. 26
Note-- 27
See, however, the Public Service Act 2008, sections 155B and 257. 28
Page 287
Criminal History Screening Legislation Amendment Bill 2010
Part 6 Amendment of Community Services Act 2007
[s 77]
`143 Request for police information not complied with at 1
the commencement 2
`(1) This section applies if-- 3
(a) the chief executive has, under section 108 of the 4
unamended Act, asked the police commissioner for 5
police information about a person; and 6
(b) at the commencement, the police commissioner has not 7
given the police information to the chief executive. 8
`(2) Despite section 108(3) of the unamended Act, the police 9
commissioner is no longer required to comply with the 10
commissioner's request. 11
`144 Particular police information obtained but not used 12
before commencement 13
`(1) This section applies if-- 14
(a) before the commencement, the police commissioner 15
gave the chief executive a person's police information 16
under section 108 of the unamended Act; and 17
(b) at the commencement, the chief executive has not, in 18
relation to the police information, made an assessment 19
about the person's suitability to be, or continue to be, 20
engaged by the department under section 110 of the 21
unamended Act. 22
`(2) The chief executive must immediately-- 23
(a) destroy the police information; and 24
(b) stop making the assessment. 25
Note-- 26
Now see the following for assessing the person's suitability to be, or 27
continue to be, engaged by the department-- 28
(a) if the person is engaged in regulated employment--the Commission 29
for Children and Young People and Child Guardian Act 2000, 30
chapter 8 and the Public Service Act 2008, chapter 5, part 6, 31
division 3A; 32
(b) otherwise--the Public Service Act 2008, chapter 5, part 6. 33
Page 288
Criminal History Screening Legislation Amendment Bill 2010
Part 6 Amendment of Community Services Act 2007
[s 78]
`145 Notice not given by prosecuting authority at the 1
commencement 2
`(1) This section applies if-- 3
(a) before the commencement, a person engaged by the 4
department is charged with an indictable offence; and 5
(b) at the commencement, the police commissioner or 6
director of public prosecutions (a prosecuting 7
authority) has not given information about the charge to 8
the chief executive as required by section 109 of the 9
unamended Act. 10
`(2) Despite section 109 of the unamended Act, the prosecuting 11
authority is no longer required to give the information to the 12
chief executive. 13
`146 Use of particular information obtained before 14
commencement 15
`Section 110(2) of the unamended Act continues to apply in 16
relation to information about a person received by the 17
commissioner under part 10 of the unamended Act as if the 18
Criminal History Screening Legislation Amendment Act 2010 19
had not been enacted.'. 20
Clause 78 Omission of sch 2 (Current serious offences) 21
Schedule 2-- 22
omit. 23
Clause 79 Omission of sch 3 (Repealed or expired serious offences) 24
Schedule 3-- 25
omit. 26
Page 289
Criminal History Screening Legislation Amendment Bill 2010
Part 7 Amendment of Disability Services Act 2006
[s 80]
Clause 80 Amendment of sch 4 (Dictionary) 1
(1) Schedule 4, definitions commencement, commissioner of the 2
police service, engaged by the department, indictable offence 3
and serious offence-- 4
omit. 5
(2) Schedule 4-- 6
insert-- 7
`commencement-- 8
(a) for part 13, division 1--see section 136; or 9
(b) for part 13, division 3--see section 141. 10
engaged by the department, for part 13, division 3, see 11
section 141. 12
police commissioner, for part 13, division 3, see section 141. 13
police information, for part 13, division 3, see section 141. 14
unamended Act, for part 13, division 3, see section 141.'. 15
(3) Schedule 4, definition criminal history-- 16
relocate to section 127(4). 17
Part 7 Amendment of Disability 18
Services Act 2006 19
Clause 81 Act amended 20
This part amends the Disability Services Act 2006. 21
Clause 82 Amendment of s 59 (Prescribed requirements) 22
Section 59(2)(a)(iv), `system.'-- 23
Page 290
Criminal History Screening Legislation Amendment Bill 2010
Part 7 Amendment of Disability Services Act 2006
[s 83]
omit, insert-- 1
`system; and'. 2
Clause 83 Omission of pt 9 (Screening of persons engaged by the 3
department) 4
Part 9-- 5
omit. 6
Clause 84 Amendment of pt 10, hdg (Screening of persons engaged 7
by funded non-government service providers) 8
Part 10, heading, `persons engaged by'-- 9
omit, insert-- 10
`particular persons engaged by department or'. 11
Clause 85 Amendment of s 75 (Main purpose of pt 10) 12
Section 75, from `by'-- 13
omit, insert-- 14
`at a service outlet by the department or a funded 15
non-government service provider.' 16
Clause 86 Insertion of new ss 76A and 76B 17
After section 76-- 18
insert-- 19
`76A This part does not apply to persons engaged to 20
provide disability services to children 21
`This part does not apply in relation to persons engaged or to 22
be engaged by the department or a funded non-government 23
service provider to provide disability services only to 24
children. 25
Page 291
Criminal History Screening Legislation Amendment Bill 2010
Part 7 Amendment of Disability Services Act 2006
[s 87]
Note-- 1
For employment screening of persons engaged or to be engaged by the 2
department or a funded non-government service provider to provide 3
disability services to children, see the CCYPCG Act, chapter 8. 4
`76B This part does not apply to registered health 5
practitioners 6
`This part does not apply to the engagement of a registered 7
health practitioner to the extent the engagement relates to the 8
health practitioner's functions as a registered health 9
practitioner.'. 10
Clause 87 Insertion of new s 77A 11
Part 10, division 2-- 12
insert-- 13
`77A Persons engaged by the department at a service 14
outlet 15
`Each of the following persons at a service outlet of the 16
department is engaged by the department at the service 17
outlet-- 18
(a) a public service employee in the department; 19
(b) a person contracted by the chief executive to provide 20
disability services for the department; 21
(c) members of committees established under section 216; 22
(d) a person working in the department as a volunteer or as 23
a student on work experience.'. 24
Clause 88 Amendment of s 78 (What is engagement) 25
Section 78, heading-- 26
omit, insert-- 27
Page 292
Criminal History Screening Legislation Amendment Bill 2010
Part 7 Amendment of Disability Services Act 2006
[s 89]
`78 Persons engaged by a funded non-government service 1
provider at a service outlet'. 2
Clause 89 Amendment of s 79 (What is a serious offence) 3
Section 79(1)(a) to (e)-- 4
omit, insert-- 5
`(a) an offence against a provision of an Act mentioned in 6
schedule 3 or 4, column 1, subject to any qualification 7
relating to the provision mentioned opposite in column 8
3; or 9
(b) an offence of counselling or procuring the commission 10
of an offence of a kind mentioned in paragraph (a); or 11
(c) an offence of attempting, or of conspiring, to commit an 12
offence of a kind mentioned in paragraph (a); or 13
(d) an offence that has, as an element, an intention to 14
commit an offence of a kind mentioned in paragraph (a); 15
or 16
(e) an offence that, at the time it was committed, was an 17
offence of a kind mentioned in paragraph (a); or 18
(f) another offence that is a class 1 offence or a class 2 19
offence under the Child Protection (Offender Reporting) 20
Act 2004 that is not otherwise a serious offence under 21
this Act; or 22
(g) an offence under a law of another jurisdiction that, if it 23
had been committed in Queensland, would have 24
constituted an offence mentioned in paragraph (a) to 25
(f).'. 26
Clause 90 Omission of s 80 (What is a serious sexual or violent 27
offence) 28
Section 80-- 29
omit. 30
Page 293
Criminal History Screening Legislation Amendment Bill 2010
Part 7 Amendment of Disability Services Act 2006
[s 91]
Clause 91 Replacement of s 81 (What is an excluding offence) 1
Section 81-- 2
omit, insert-- 3
`81 What is a disqualifying offence 4
`(1) A disqualifying offence is-- 5
(a) an offence against a provision of an Act mentioned in 6
schedule 5 or 6, column 1, subject to any qualification 7
relating to the provision mentioned opposite in column 8
3; or 9
(b) an offence of counselling or procuring the commission 10
of an offence of a kind mentioned in paragraph (a); or 11
(c) an offence of attempting, or of conspiring, to commit an 12
offence of a kind mentioned in paragraph (a); or 13
(d) an offence that has, as an element, an intention to 14
commit an offence of a kind mentioned in paragraph (a); 15
or 16
(e) an offence that, at the time it was committed was an 17
offence of a kind mentioned in paragraph (a); or 18
(f) an offence under a law of another jurisdiction that, if it 19
had been committed in Queensland, would have 20
constituted an offence mentioned in paragraph (a) to (e). 21
Note-- 22
Column 2 in schedules 5 and 6 is included for information purposes 23
only and states a section heading for the provision mentioned opposite 24
in column 1. 25
`(2) For this section, it is immaterial if a provision mentioned in 26
schedule 5 or 6, column 1, for an Act has been amended from 27
time to time or that the provision was previously numbered 28
with a different number.'. 29
Clause 92 Insertion of new pt 10, div 3A 30
Part 10-- 31
insert-- 32
Page 294
Criminal History Screening Legislation Amendment Bill 2010
Part 7 Amendment of Disability Services Act 2006
[s 92]
`Division 3A Screening of persons engaged by 1
the department at a service outlet 2
`82A Undertaking screening of persons engaged by 3
department at a service outlet 4
`(1) This section applies in relation to a person engaged or to be 5
engaged by the department at a service outlet of the 6
department. 7
Note-- 8
See-- 9
· the Public Service Act 2008 for the engagement of the department's 10
employees generally; and 11
· the CCYPCG Act for the engagement of the department's 12
employees in regulated employment within the meaning of that 13
Act. 14
`(2) The chief executive may ask the person for written consent for 15
the chief executive to undertake screening of the person under 16
this part. 17
`(3) Subsection (2) applies even if the person is a public service 18
employee at the time the person is engaged or is to be engaged 19
by the department at a service outlet of the department. 20
`(4) If the person does not give the consent, or withdraws his or 21
her consent, the chief executive must ensure the person is not 22
engaged by the department at a service outlet of the 23
department. 24
`(5) If the person gives the consent, the chief executive may-- 25
(a) if the person does not hold a CCYPCG positive 26
notice--undertake screening of the person under this 27
part, and issue a prescribed notice to the person, as if the 28
chief executive were deciding a prescribed notice 29
application about the person; or 30
(b) if the person holds a CCYPCG positive 31
notice--undertake screening of the person under this 32
part, and issue an exemption notice to the person, as if 33
Page 295
Criminal History Screening Legislation Amendment Bill 2010
Part 7 Amendment of Disability Services Act 2006
[s 93]
the chief executive were deciding an exemption notice 1
application about the person. 2
`(6) The person's consent to screening may be withdrawn under 3
section 117(2), (3), (3A) or (5) as if-- 4
(a) for a person who does not hold a CCYPCG positive 5
notice--a prescribed notice application has been made 6
about the person; or 7
(b) for a person who holds a CCYPCG positive notice--an 8
exemption notice application has been made about the 9
person. 10
`(7) However-- 11
(a) subsections (5) and (6) do not apply until the exemption 12
notice regime commencement date; and 13
(b) until the exemption notice regime commencement date, 14
if the person gives the consent-- 15
(i) the chief executive may undertake screening of the 16
person under this part, and issue a prescribed 17
notice to the person, as if the chief executive were 18
deciding a prescribed notice application about the 19
person; and 20
(ii) the person's consent to screening may be 21
withdrawn under section 117(2), (3), (3A) or (5) as 22
if a prescribed notice application has been made 23
about the person. 24
`(8) This subsection and subsections (7) and (9) expire 25
immediately after the exemption notice regime 26
commencement date. 27
`(9) In this section-- 28
exemption notice regime commencement date means the day 29
division 4A is inserted into this Act by the Criminal History 30
Screening Legislation Amendment Act 2010.'. 31
Clause 93 Insertion of new s 82B 32
Part 10, division 4-- 33
Page 296
Criminal History Screening Legislation Amendment Bill 2010
Part 7 Amendment of Disability Services Act 2006
[s 94]
insert-- 1
`82B Division does not apply to holders of CCYPCG 2
positive notice 3
`This division does not apply in relation to the engagement of 4
a person who holds a CCYPCG positive notice. 5
Note-- 6
See division 4A in relation to the engagement of a person who holds a 7
CCYPCG positive notice.'. 8
Clause 94 Amendment of s 83 (Application for notice) 9
(1) Section 83, heading, after `for'-- 10
insert-- 11
`prescribed'. 12
(2) Section 83(2)-- 13
insert-- 14
`(d) accompanied by the prescribed fee.'. 15
(3) Section 83(3)-- 16
insert-- 17
`(d) a declaration by the engaged person that he or she is not 18
a disqualified person.'. 19
(4) Section 83(5)-- 20
omit. 21
(5) Section 83-- 22
insert-- 23
`(5) If a funded non-government service provider asks a person to 24
sign an application under subsection (1) about the person, the 25
service provider must warn the person that it is an offence for 26
a disqualified person to sign the application as an engaged 27
person. 28
Maximum penalty--10 penalty units. 29
`(6) For an application under subsection (1)-- 30
Page 297
Criminal History Screening Legislation Amendment Bill 2010
Part 7 Amendment of Disability Services Act 2006
[s 95]
(a) the engaged person is liable to pay the funded 1
non-government service provider the fee mentioned in 2
subsection (2)(d); and 3
(b) if the funded non-government service provider pays the 4
fee, the amount of the fee is a debt payable by the 5
engaged person to the service provider. 6
`(7) Subsection (6) applies subject to-- 7
(a) a written agreement entered into between the funded 8
non-government service provider and the engaged 9
person; or 10
(b) an industrial instrument under the Industrial Relations 11
Act 1999; or 12
(c) another document that regulates wages and conditions 13
of employment and is enforceable under any of the 14
following-- 15
(i) the Fair Work Act 2009 (Cwlth); 16
(ii) the Fair Work (Transitional Provisions and 17
Consequential Amendments) Act 2009 (Cwlth); 18
(iii) the repealed Workplace Relations Act 1996 19
(Cwlth).'. 20
Clause 95 Amendment of s 84 (Notice of change of engagement, or 21
name and contact details in application under s 83) 22
(1) Section 84, heading, `application under s 83'-- 23
omit, insert-- 24
`prescribed notice application'. 25
(2) Section 84(1), from `to a person' to `about'-- 26
omit, insert-- 27
`if a prescribed notice application is made about'. 28
Clause 96 Amendment of s 85 (Decision on application) 29
(1) Section 85(1)-- 30
Page 298
Criminal History Screening Legislation Amendment Bill 2010
Part 7 Amendment of Disability Services Act 2006
[s 96]
omit, insert-- 1
`(1) This section applies if a prescribed notice application is made 2
about an engaged person.'. 3
(2) Section 85(3)(b)(ii) and (iii), `an excluding'-- 4
omit, insert-- 5
`a disqualifying'. 6
(3) Section 85(3)(b)(iii), note, `excluding'-- 7
omit, insert-- 8
`disqualifying'. 9
(4) Section 85(7), `subsection (6)(b)'-- 10
omit, insert-- 11
`subsection (8), (9) or (10)'. 12
(5) Section 85(8), `subsection (7)'-- 13
`subsection (11)'. 14
(6) Section 85(7) and (8)-- 15
renumber as section 85(11) and (12). 16
(7) Section 85(6)-- 17
omit, insert-- 18
`(6) Subject to subsection (8), the chief executive must issue a 19
positive notice to the engaged person if the chief executive-- 20
(a) has, under section 100, cancelled a negative notice 21
issued to the engaged person; or 22
(b) has issued an eligibility declaration to the engaged 23
person and the eligibility declaration has not expired. 24
`(7) The chief executive must issue a negative notice to the 25
engaged person if the chief executive is aware the person is a 26
relevant disqualified person, other than only because the 27
person is subject to either or both of the following-- 28
(a) a temporary offender prohibition order; 29
(b) an interim sexual offender order. 30
Page 299
Criminal History Screening Legislation Amendment Bill 2010
Part 7 Amendment of Disability Services Act 2006
[s 97]
`(8) Subject to subsection (11), the chief executive must issue a 1
negative notice to an engaged person to whom subsection 2
(6)(a) or (b) applies if the chief executive is aware of any 3
police information about the person, other than information 4
known to the chief executive at the time of taking the action 5
mentioned in the subsection. 6
`(9) Subject to subsection (11), the chief executive must issue a 7
negative notice to the engaged person if the chief executive is 8
aware the person-- 9
(a) is a relevant disqualified person because the person is 10
subject to a temporary offender prohibition order or 11
interim sexual offender order; or 12
(b) has been a relevant disqualified person at any time but is 13
no longer a relevant disqualified person (other than a 14
person who was a relevant disqualified person by reason 15
of a conviction, sentence or order that was set aside on 16
appeal); or 17
(c) has been convicted of a serious offence. 18
`(10) Subject to subsection (11), the chief executive must issue a 19
negative notice to the engaged person if the chief executive is 20
aware the person has been convicted of a serious offence.'. 21
Clause 97 Amendment of s 86 (Decision making under s 85 in 22
relation to discretionary matters) 23
(1) Section 86(1), from `as mentioned in'-- 24
omit, insert-- 25
`for a person.'. 26
(2) Section 86(2), `an engaged person'-- 27
omit, insert-- 28
`a person'. 29
(3) Section 86(2)(a)(ii), `an excluding'-- 30
omit, insert-- 31
`a disqualifying'. 32
Page 300
Criminal History Screening Legislation Amendment Bill 2010
Part 7 Amendment of Disability Services Act 2006
[s 98]
(4) Section 86(2)(b)-- 1
renumber as section 86(2)(e). 2
(5) Section 86(2)-- 3
insert-- 4
`(b) any information about the person given to the chief 5
executive under section 114A; 6
(c) a report, if any, about the person's mental health given to 7
the chief executive under section 114I; 8
(d) any information about the person given to the chief 9
executive under section 114K or 114L;'. 10
(6) Section 86(2)(b), after `section 114A'-- 11
insert-- 12
`or 114B'. 13
Clause 98 Amendment of s 87 (Actions of chief executive after 14
making decision on application) 15
(1) Section 87(1), `an application under section 83'-- 16
omit, insert-- 17
`a prescribed notice application'. 18
(2) Section 87(2)(b) to (e)-- 19
omit, insert-- 20
`(b) the relevant review and appeal information.'. 21
(3) Section 87(3), `section 108'-- 22
omit, insert-- 23
`part 10, division 7, subdivision 1'. 24
(4) Section 87(5), after `another prescribed notice'-- 25
insert-- 26
`, or an exemption notice,'. 27
(5) Section 87(5)(a), after `notice'-- 28
Page 301
Criminal History Screening Legislation Amendment Bill 2010
Part 7 Amendment of Disability Services Act 2006
[s 99]
insert-- 1
`or exemption notice'. 2
(6) Section 87(5)(b), `previously held prescribed notice'-- 3
omit, insert-- 4
`engaged person previously held a prescribed notice that'. 5
Clause 99 Amendment of s 88 (Chief executive to invite 6
submissions from engaged person about particular 7
information) 8
Section 88(1)-- 9
omit, insert-- 10
`(1) This section applies if, for a prescribed notice application, the 11
chief executive must decide whether or not there is an 12
exceptional case for a person.'. 13
Clause 100 Amendment of s 89 (Currency of prescribed notice and 14
positive notice card) 15
Section 89(2), `2 years'-- 16
omit, insert-- 17
`3 years'. 18
Clause 101 Insertion of new pt 10, div 4A 19
Part 10-- 20
insert-- 21
Page 302
Criminal History Screening Legislation Amendment Bill 2010
Part 7 Amendment of Disability Services Act 2006
[s 101]
`Division 4A Issue of exemption notices for 1
funded non-government service 2
providers 3
`89A Application for exemption notice 4
`(1) A funded non-government service provider who proposes to 5
start engaging, or continue engaging, a person who holds a 6
CCYPCG positive notice (the engaged person) at a service 7
outlet of the service provider, may apply to the chief executive 8
for an exemption notice about the engaged person. 9
`(2) The application must be-- 10
(a) in the approved form; and 11
(b) signed by, or on behalf of, the service provider; and 12
(c) signed by the engaged person. 13
`(3) The approved form must include provision for-- 14
(a) identifying information about the engaged person; and 15
(b) certification by the service provider that the service 16
provider has sighted documents, relating to proof of the 17
engaged person's identity, prescribed under a regulation; 18
and 19
(c) a declaration by the engaged person that-- 20
(i) he or she holds a CCYPCG positive notice; and 21
(ii) his or her CCYPCG positive notice has not been 22
suspended under the CCYPCG Act; and 23
(d) the engaged person's consent to screening under this 24
part. 25
`(4) On receiving the application, the chief executive may ask the 26
service provider or engaged person for further information 27
that the chief executive reasonably considers necessary to 28
establish the engaged person's identity. 29
Page 303
Criminal History Screening Legislation Amendment Bill 2010
Part 7 Amendment of Disability Services Act 2006
[s 101]
`89B Notice of change of engagement, or name and 1
contact details in exemption notice application 2
`(1) This section applies if an exemption notice application is 3
made about an engaged person and any of the following (each 4
a relevant change) happens before the chief executive has 5
issued an exemption notice to the engaged person in relation 6
to the application-- 7
(a) the engaged person's name or contact details, as stated 8
in the application, change; 9
(b) the engaged person's engagement, as stated in the 10
application, ends. 11
`(2) The engaged person must give notice, in the approved form, to 12
the chief executive of the relevant change within 14 days after 13
the relevant change happens. 14
Maximum penalty--10 penalty units. 15
`(3) The approved form mentioned in subsection (2) must provide 16
for an engaged person to give notice withdrawing the person's 17
consent to screening under this part. 18
`89C Decision on application 19
`(1) This section applies if an exemption notice application is 20
made about an engaged person. 21
`(2) The chief executive must decide the application by issuing 22
either of the following unless the application is withdrawn-- 23
(a) a notice declaring the application for the exemption 24
notice is approved (a positive exemption notice); 25
(b) a notice declaring the application for the exemption 26
notice is refused (a negative exemption notice). 27
`(3) The chief executive must issue a positive exemption notice to 28
the engaged person if-- 29
(a) the chief executive is not aware of any police 30
information about the engaged person; and 31
(b) the chief executive-- 32
Page 304
Criminal History Screening Legislation Amendment Bill 2010
Part 7 Amendment of Disability Services Act 2006
[s 101]
(i) has, under section 89D, been advised that the 1
engaged person is the holder of a CCYPCG 2
positive notice whose CCYPCG positive notice is 3
not suspended under the CCYPCG Act; and 4
(ii) has not, under section 89D, been advised to 5
undertake further screening of the engaged person 6
under this part. 7
Note-- 8
If a person's CCYPCG positive notice is suspended under the CCYPCG 9
Act after the application is made, the person's consent to employment 10
screening may be withdrawn under section 117(5A). 11
`(4) If subsection (3) does not apply, the chief executive must 12
decide the application in the way the chief executive would be 13
required to decide the application if it were a prescribed notice 14
application. 15
`(5) For subsection (4), sections 85(3) to (12), 86 and 88 apply in 16
relation to making the decision as if-- 17
(a) a reference in the sections to a prescribed notice 18
application were a reference to an exemption notice 19
application; and 20
(b) a reference in the sections to issuing a positive notice 21
were a reference to issuing a positive exemption notice; 22
and 23
(c) a reference in the sections to issuing a negative notice 24
were a reference to issuing a negative exemption notice. 25
`89D Obtaining advice from Commissioner for Children 26
and Young People and Child Guardian 27
`(1) This section applies if an exemption notice application is 28
made about a person who claims to be the holder of a 29
CCYPCG positive notice. 30
`(2) For deciding the application, the chief executive may ask the 31
children's commissioner to advise the chief executive-- 32
Page 305
Criminal History Screening Legislation Amendment Bill 2010
Part 7 Amendment of Disability Services Act 2006
[s 101]
(a) whether or not the person is the holder of a CCYPCG 1
positive notice and, if so, the expiry date of the 2
CCYPCG positive notice; and 3
(b) whether or not the person's CCYPCG positive notice 4
has been suspended under the CCYPCG Act; and 5
(c) if the person is the holder of a CCYPCG positive 6
notice--whether the chief executive may need to 7
undertake further screening of the person under this 8
part. 9
`(3) For subsection (2), the chief executive's request may include 10
the following information-- 11
(a) the person's name and any other name that the chief 12
executive believes the person may use or may have used; 13
(b) the person's gender and date and place of birth; 14
(c) the person's address; 15
(d) any number or date given by the person about the 16
CCYPCG positive notice the person holds or claims to 17
hold. 18
`(4) The children's commissioner must comply with the request. 19
`(5) However-- 20
(a) the children's commissioner may give advice under 21
subsection (2)(c) only if the commissioner is aware of 22
police information about the person; and 23
(b) if paragraph (a) applies, the advice must be that the chief 24
executive may need to undertake further screening of the 25
person under this part. 26
`(6) If the children's commissioner gives the chief executive 27
advice under subsection (2)(c), the advice must be 28
accompanied by a notice stating that no adverse inference 29
about the person's criminal history or suitability for 30
engagement, or continued engagement, in regulated 31
engagement may be drawn by the fact the advice was given. 32
`(7) In this section-- 33
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[s 101]
children's commissioner means the Commissioner for 1
Children and Young People and Child Guardian. 2
`89E Actions of chief executive after making decision on 3
application 4
`(1) After making a decision about an exemption notice 5
application, the chief executive must issue an exemption 6
notice to the engaged person. 7
`(2) If the exemption notice is a negative exemption notice, the 8
exemption notice must be accompanied by a notice stating the 9
following-- 10
(a) the reasons for the chief executive's decision on the 11
application; 12
(b) the relevant review and appeal information. 13
`(3) The notice must also include a copy of part 10, division 7, 14
subdivision 1. 15
`(4) After the chief executive issues the exemption notice to the 16
engaged person under this section, the chief executive must 17
give notice to the funded non-government service provider 18
stating whether the engaged person was given a positive 19
exemption notice or negative exemption notice. 20
`(5) Within 14 days after an exemption notice is issued under this 21
section to an engaged person who previously held another 22
exemption notice or a prescribed notice, the engaged person 23
must give the chief executive-- 24
(a) the previously held exemption notice or prescribed 25
notice; and 26
(b) if the engaged person previously held a prescribed 27
notice that was a positive notice--the positive notice 28
card previously held by the engaged person. 29
Maximum penalty for subsection (5)--10 penalty units. 30
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[s 102]
`89F Currency of exemption notice 1
`(1) A negative exemption notice remains current until it is 2
cancelled under division 6. 3
`(2) A positive exemption notice remains current while its holder 4
holds a CCYPCG positive notice, unless it is earlier cancelled 5
under division 6.'. 6
Clause 102 Amendment of pt 10, div 5, hdg (Obligations and offences 7
relating to prescribed notices) 8
Part 10, division 5, heading, after `notices'-- 9
insert-- 10
`and exemption notices'. 11
Clause 103 Replacement of s 90 (When person without current 12
positive notice may be engaged) 13
Section 90-- 14
omit, insert-- 15
`90 Starting engagement of certain regular engaged 16
persons 17
`(1) This section applies in relation to a person if-- 18
(a) the person is not engaged by a funded non-government 19
service provider at a service outlet of the service 20
provider but has previously been engaged by the service 21
provider at a service outlet of the service provider; and 22
(b) it is less than 1 year since the person was last engaged 23
by the funded non-government service provider at a 24
service outlet of the service provider; and 25
(c) after considering any agreement relating to a proposed 26
engagement of the person and the person's engagement 27
during the period when the person was last engaged by 28
the funded non-government service provider at a service 29
outlet of the service provider, the service provider 30
reasonably expects that the person is likely to carry out 31
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[s 103]
work as part of the proposed engagement for the 1
minimum frequency for regulated engagement. 2
`(2) The service provider must not engage the person at a service 3
outlet of the service provider unless-- 4
(a) the person has a current positive notice and the service 5
provider has notified, in the approved form, the chief 6
executive that the service provider is proposing to 7
engage the person at a service outlet of the service 8
provider; or 9
(b) the service provider has applied for a prescribed notice, 10
or a further prescribed notice, about the person. 11
Maximum penalty-- 12
(a) for an individual guilty under chapter 2 of the Criminal 13
Code of an offence or for section 206--50 penalty units; 14
or 15
(b) for a funded non-government service provider--250 16
penalty units. 17
`(3) The approved form for subsection (2)(a) must include 18
provision for-- 19
(a) identifying information about the person; and 20
(b) certification by the service provider that the service 21
provider has sighted the documents, relating to proof of 22
the person's identity, prescribed under a regulation. 23
`90A Starting engagement of new engaged persons 24
`(1) This section applies in relation to a person if-- 25
(a) the person is not engaged by a funded non-government 26
service provider at a service outlet of the service 27
provider; and 28
(b) a funded non-government service provider proposes to 29
engage the person at a service outlet of the service 30
provider; and 31
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[s 103]
(c) after considering any agreement relating to the proposed 1
engagement, the funded non-government service 2
provider reasonably expects that the person is likely to 3
carry out work as part of the proposed engagement for 4
the minimum frequency for regulated engagement. 5
`(2) The service provider must not engage the person at a service 6
outlet of the service provider unless-- 7
(a) the person has a current positive notice and the service 8
provider has notified, in the approved form, the chief 9
executive that the service provider is proposing to 10
engage the person at a service outlet of the service 11
provider; or 12
(b) the service provider has applied for a prescribed notice, 13
or a further prescribed notice, about the person. 14
Maximum penalty-- 15
(a) for an individual guilty under chapter 2 of the Criminal 16
Code of an offence or for section 206--50 penalty units; 17
or 18
(b) for a funded non-government service provider--250 19
penalty units. 20
`(3) The approved form for subsection (2)(a) must include 21
provision for-- 22
(a) identifying information about the person; and 23
(b) certification by the service provider that the service 24
provider has sighted the documents, relating to proof of 25
the person's identity, prescribed under a regulation. 26
`90B Continuing engagement of persons 27
`(1) This section applies in relation to a person if-- 28
(a) the person is engaged by a funded non-government 29
service provider at a service outlet of the service 30
provider; and 31
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[s 104]
(b) after considering any agreement relating to the 1
engagement and the hours or times that the person 2
previously carried out work for the funded 3
non-government service provider at a service outlet of 4
the service provider, the service provider reasonably 5
expects that the person is likely to carry out work as part 6
of the engagement for the minimum frequency for 7
regulated engagement; and 8
(c) the person does not have a current positive notice. 9
`(2) The funded non-government service provider must not 10
continue to engage the person at a service outlet of the service 11
provider unless the service provider has applied for a 12
prescribed notice, or a further prescribed notice, about the 13
person. 14
Maximum penalty-- 15
(a) for an individual guilty under chapter 2 of the Criminal 16
Code of an offence or for section 206--50 penalty units; 17
or 18
(b) for a funded non-government service provider--250 19
penalty units.'. 20
Clause 104 Amendment of s 90 (Starting engagement of certain 21
regular engaged persons) 22
(1) Section 90, heading, after `persons'-- 23
insert-- 24
`other than volunteers'. 25
(2) Section 90(1), after `to a person'-- 26
insert-- 27
`other than a volunteer'. 28
(3) Section 90(2)(a), after `positive notice'-- 29
insert-- 30
`or current positive exemption notice'. 31
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Part 7 Amendment of Disability Services Act 2006
[s 105]
(4) Section 90(2)(b), after `prescribed notice'-- 1
insert-- 2
`or exemption notice'. 3
Clause 105 Amendment of s 90A (Starting engagement of new 4
engaged persons) 5
(1) Section 90A, heading, after `persons'-- 6
insert-- 7
`other than volunteers'. 8
(2) Section 90A(1), after `to a person'-- 9
insert-- 10
`other than a volunteer'. 11
(3) Section 90A(2)(a), after `positive notice'-- 12
insert-- 13
`or current positive exemption notice'. 14
(4) Section 90A(2)(b), after `prescribed notice'-- 15
insert-- 16
`or exemption notice'. 17
Clause 106 Amendment of s 90B (Continuing engagement of 18
persons) 19
(1) Section 90B, heading, after `persons'-- 20
insert-- 21
`other than volunteers'. 22
(2) Section 90B(1), after `to a person'-- 23
insert-- 24
`other than a volunteer'. 25
(3) Section 90B(1)(c), after `positive notice'-- 26
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Part 7 Amendment of Disability Services Act 2006
[s 107]
insert-- 1
`or current positive exemption notice'. 2
(4) Section 90B(2), after `prescribed notice'-- 3
insert-- 4
`or exemption notice'. 5
Clause 107 Insertion of new ss 90C and 90D 6
After section 90B-- 7
insert-- 8
`90C Starting engagement of volunteers 9
`(1) A funded non-government service provider must not engage a 10
volunteer at a service outlet of the service provider unless-- 11
(a) the volunteer has a current positive notice or current 12
positive exemption notice and the service provider has 13
notified, in the approved form, the chief executive that 14
the service provider is proposing to engage the volunteer 15
at a service outlet of the service provider; or 16
(b) the volunteer holds a CCYPCG positive notice that is 17
not suspended under the CCYPCG Act and the service 18
provider has applied for an exemption notice about the 19
volunteer. 20
Maximum penalty-- 21
(a) for an individual guilty under chapter 2 of the Criminal 22
Code of an offence or for section 206--50 penalty units; 23
or 24
(b) for a funded non-government service provider--250 25
penalty units. 26
Note-- 27
See section 78(6) for particular volunteers who are not volunteers engaged by a 28
non-government service provider. 29
`(2) The approved form mentioned in subsection (1)(a) must 30
include provision for-- 31
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[s 108]
(a) identifying information about the volunteer; and 1
(b) certification by the funded non-government service 2
provider that the service provider has sighted 3
documents, relating to proof of the volunteer's identity, 4
prescribed under a regulation. 5
`90D Continuing engagement of volunteers 6
`A funded non-government service provider must not continue 7
to engage a volunteer at a service outlet of the service 8
provider unless-- 9
(a) the volunteer has a current positive notice or current 10
positive exemption notice; or 11
(b) the volunteer holds a CCYPCG positive notice that is 12
not suspended under the CCYPCG Act and the service 13
provider has applied for an exemption notice about the 14
volunteer. 15
Maximum penalty-- 16
(a) for an individual guilty under chapter 2 of the Criminal 17
Code of an offence or for section 206--50 penalty units; 18
or 19
(b) for a funded non-government service provider--250 20
penalty units. 21
Note-- 22
See section 78(6) for particular volunteers who are not volunteers engaged by a 23
non-government service provider.'. 24
Clause 108 Amendment of s 91 (Prohibited engagement) 25
(1) Section 91(1), after `notice'-- 26
insert-- 27
`or current positive exemption notice'. 28
(2) Section 91(2)(a), after `notice'-- 29
insert-- 30
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Part 7 Amendment of Disability Services Act 2006
[s 109]
`or exemption notice'. 1
(3) Section 91(2)(a), `paragraph (b)'-- 2
omit, insert-- 3
`paragraph (b)(i)'. 4
(4) Section 91(2)(b)-- 5
omit, insert-- 6
`(b) has been given-- 7
(i) a notice of deemed withdrawal relating to the 8
engaged person under section 117(4); or 9
(ii) a notice under section 116(3) because of a change 10
in police information mentioned in section 11
116(3)(g); or'. 12
(5) Section 91(2)(c), after `notice'-- 13
insert-- 14
`or negative exemption notice'. 15
(6) Section 91(2), penalty, paragraph (b)(i), `100 penalty units'-- 16
omit, insert-- 17
`200 penalty units or 2 years imprisonment'. 18
(7) Section 91(2), penalty, paragraph (b)(ii), `500 penalty units'-- 19
omit, insert-- 20
`1000 penalty units'. 21
Clause 109 Replacement of pt 10, div 5, sdiv 2 (Obligations if holder 22
of negative notice or application for prescribed notice is 23
withdrawn) 24
Part 10, division 5, subdivision 2 -- 25
omit, insert-- 26
Page 315
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Part 7 Amendment of Disability Services Act 2006
[s 109]
`Subdivision 2 Obligations if holder of negative 1
notice or negative exemption 2
notice, or prescribed notice or 3
exemption notice application is 4
withdrawn 5
`92 Person holding negative notice or negative 6
exemption notice not to apply for, or start or continue 7
in, regulated engagement etc. 8
`(1) A person who has a current negative notice or current negative 9
exemption notice must not-- 10
(a) sign an application as an engaged person under section 11
83 or 89A; or 12
(b) apply for, or start or continue in, regulated engagement. 13
Maximum penalty--500 penalty units or 5 years 14
imprisonment. 15
`(2) However, if the person held a positive notice but a negative 16
notice or negative exemption notice was substituted for the 17
positive notice under section 101(1), 102 or 105, a court may 18
not find the person contravened subsection (1) unless the court 19
is satisfied that notice of the substitution was given to the 20
person. 21
`(3) Also, if the person held a positive exemption notice but a 22
negative exemption notice was substituted for the positive 23
exemption notice under section 101A(1) or 105B, a court may 24
not find the person contravened subsection (1) unless the court 25
is satisfied that notice of the substitution was given to the 26
person. 27
`92A Person who has withdrawn consent to screening not 28
to start or continue in regulated engagement 29
`A person must not start or continue in regulated engagement 30
if-- 31
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Part 7 Amendment of Disability Services Act 2006
[s 110]
(a) a prescribed notice application or exemption notice 1
application about a person was made; but 2
(b) the person withdrew the person's consent to screening 3
under this part before a prescribed notice or exemption 4
notice was issued to the person. 5
Maximum penalty-- 6
(a) if the person's consent to screening is withdrawn under 7
section 117(2)--100 penalty units or 1 year's 8
imprisonment; or 9
(b) otherwise--500 penalty units or 5 years imprisonment.'. 10
Clause 110 Amendment of pt 10, div 5, sdiv 3, hdg (Changes in 11
criminal history) 12
Part 10, division 5, subdivision 3, heading, `criminal 13
history'-- 14
omit, insert-- 15
`police information'. 16
Clause 111 Replacement of s 93 (Acquiring a criminal history) 17
Section 93-- 18
omit, insert-- 19
`93 Acquiring police information 20
`For a person who does not have police information, there is 21
taken to be a change in the person's police information if the 22
person acquires police information.'. 23
Clause 112 Replacement of s 94 (Effect of conviction for serious 24
offence or charge for excluding offence) 25
Section 94-- 26
omit, insert-- 27
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[s 113]
`94 Effect of conviction for serious offence 1
`(1) This section applies to a person with a current positive notice 2
or positive exemption notice if the person is convicted of a 3
serious offence. 4
`(2) The person must immediately return the positive notice or 5
positive exemption notice to the chief executive, unless the 6
person has a reasonable excuse. 7
Maximum penalty--100 penalty units. 8
`(3) Until and unless a prescribed event happens for the person, the 9
person must not start or continue in regulated engagement. 10
Maximum penalty--500 penalty units or 5 years 11
imprisonment. 12
`(4) For subsection (3), a prescribed event happens for a person if 13
the person's positive notice or positive exemption notice is 14
cancelled and the person is issued a new positive notice or 15
positive exemption notice. 16
`(5) In this section, a reference to a person's positive notice is 17
taken to include a reference to any positive notice card 18
relating to the notice.'. 19
Clause 113 Amendment of s 95 (Change in criminal history of 20
engaged person) 21
(1) Section 95, heading-- 22
omit, insert-- 23
`95 Change in police information of person engaged by 24
funded non-government service provider'. 25
(2) Section 95(1) and (2), `criminal history'-- 26
omit, insert-- 27
`police information'. 28
(3) Section 95(3), after `prescribed notice'-- 29
insert-- 30
`or exemption notice'. 31
Page 318
Criminal History Screening Legislation Amendment Bill 2010
Part 7 Amendment of Disability Services Act 2006
[s 114]
Clause 114 Insertion of new s 95A 1
After section 95-- 2
insert-- 3
`95A Change in criminal history of person engaged by 4
department 5
`(1) This section applies to a person engaged by the department at 6
a service outlet of the department if there is a change in the 7
person's criminal history. 8
`(2) The person must immediately disclose to the chief executive 9
that there has been a change in the person's criminal history. 10
Maximum penalty--100 penalty units. 11
`(3) If the chief executive receives information about a change in 12
the person's criminal history under subsection (2), the chief 13
executive may, under section 82A, ask the person for written 14
consent for the chief executive to undertake screening of the 15
person under this part. 16
`(4) To remove any doubt, it is declared that it is not a requirement 17
of subsection (2) that the person give the chief executive any 18
information about the change other than that a change has 19
happened.'. 20
Clause 115 Amendment of s 95A (Change in criminal history of 21
person engaged by department) 22
(1) Section 95A, heading, `criminal history'-- 23
omit, insert-- 24
`police information'. 25
(2) Section 95A(1) to (3), `criminal history'-- 26
omit, insert-- 27
`police information'. 28
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Criminal History Screening Legislation Amendment Bill 2010
Part 7 Amendment of Disability Services Act 2006
[s 116]
Clause 116 Amendment of s 96 (Change in criminal history of other 1
persons) 2
(1) Section 96, heading, `criminal history'-- 3
omit, insert-- 4
`police information'. 5
(2) Section 96(1)(a), after `notice'-- 6
insert-- 7
`or current positive exemption notice'. 8
(3) Section 96(1)(b), `criminal history'-- 9
omit, insert-- 10
`police information'. 11
(4) Section 96(1)(c), from `by'-- 12
omit, insert-- 13
`at a service outlet by the department or a funded 14
non-government service provider.'. 15
(5) Section 96(2), from `criminal history' to `notice'-- 16
omit, insert-- 17
`police information since the person's current positive notice 18
or current exemption notice'. 19
(6) Section 96(3), after `notice'-- 20
insert-- 21
`or exemption notice'. 22
Clause 117 Replacement of s 99 (Return of positive notice and 23
positive notice card to chief executive) 24
Section 99-- 25
omit, insert-- 26
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Part 7 Amendment of Disability Services Act 2006
[s 118]
`99 Return of cancelled positive notice to chief executive 1
`(1) This section applies to a person with a current positive notice 2
(old notice) if the chief executive cancels the notice and issues 3
a negative notice or negative exemption notice to the person. 4
`(2) The person must immediately return the old notice and any 5
positive notice card issued to the person to the chief executive, 6
unless the person has a reasonable excuse. 7
Maximum penalty--100 penalty units. 8
`99A Return of cancelled positive exemption notice to 9
chief executive 10
`(1) This section applies to a person with a current positive 11
exemption notice (old notice) if the chief executive cancels 12
the notice and issues a negative exemption notice to the 13
person. 14
`(2) The person must immediately return the old notice to the chief 15
executive, unless the person has a reasonable excuse. 16
Maximum penalty--100 penalty units.'. 17
Clause 118 Replacement of pt 10, div 6, hdg (Cancellation and 18
replacement of prescribed notices) 19
Part 10, division 6, heading-- 20
omit, insert-- 21
`Division 6 Cancellation of prescribed notices 22
and exemption notices etc.'. 23
Clause 119 Amendment of s 100 (Cancellation of negative notice and 24
issuing of positive notice) 25
(1) Section 100, heading-- 26
omit, insert-- 27
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Part 7 Amendment of Disability Services Act 2006
[s 119]
`100 Cancellation of negative notice or negative exemption 1
notice and issuing of positive notice or positive 2
exemption notice'. 3
(2) Section 100(1) and (5), after `negative notice'-- 4
insert-- 5
`or negative exemption notice'. 6
(3) Section 100-- 7
insert-- 8
`(1A) However, this section does not apply to the person if the 9
person is a relevant disqualified person.'. 10
(4) Section 100(3), `section.'-- 11
omit, insert-- 12
`section, unless-- 13
(a) the decision to issue the negative notice or negative 14
exemption notice was based on wrong or incomplete 15
information; or 16
(b) the negative notice or negative exemption notice was 17
issued because the person was a relevant disqualified 18
person and the person is no longer a relevant 19
disqualified person.'. 20
(5) Section 100(7), from `must'-- 21
omit, insert-- 22
`must-- 23
(a) for an application relating to a negative notice--cancel 24
the negative notice and issue a positive notice to the 25
person; or 26
(b) for an application relating to a negative exemption 27
notice--cancel the negative exemption notice and issue 28
a positive exemption notice to the person.'. 29
(6) Section 100-- 30
insert-- 31
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Part 7 Amendment of Disability Services Act 2006
[s 120]
`(8) However, the chief executive may issue a positive notice or 1
positive exemption notice under subsection (7) only if the 2
chief executive is satisfied the person is proposing, if the 3
positive notice or positive exemption notice is issued, to be 4
engaged in regulated engagement.'. 5
Clause 120 Amendment of s 101 (Chief executive may cancel a 6
prescribed notice and substitute another prescribed 7
notice) 8
(1) Section 101(1)(b), from `regard'-- 9
omit, insert-- 10
`regard to-- 11
(i) information received under section 114, 114A or 12
115 about the person, other than information 13
known to the chief executive at the time the 14
cancelled notice was issued; or 15
(ii) a decision of a court made after the cancelled 16
notice was issued, including the reasons for the 17
decision, relating to an offence committed by the 18
person.'. 19
(2) Section 101(1)(b)(i), after `114A'-- 20
insert-- 21
`, 114B'. 22
(3) Section 101(3)-- 23
omit, insert-- 24
`(3) The chief executive may cancel a negative notice (the 25
cancelled notice) about a person and, subject to subsection 26
(6), substitute it with a positive notice if-- 27
(a) the chief executive is satisfied that the decision on the 28
application for the cancelled notice was based on wrong 29
or incomplete information and, based on the correct or 30
complete information, the chief executive should issue a 31
positive notice to the person; or 32
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Part 7 Amendment of Disability Services Act 2006
[s 120]
(b) a penalty or order of a court of the type mentioned in 1
section 102(1), that required the chief executive to 2
cancel the positive notice and issue a negative notice, is 3
not upheld on appeal; or 4
(c) the chief executive is satisfied that it is appropriate to 5
cancel the negative notice having regard to information 6
not known to the chief executive at the time the negative 7
notice was issued.'. 8
(4) Section 101(3)(b)-- 9
omit, insert-- 10
`(b) the negative notice was issued because the person was a 11
relevant disqualified person and the person is no longer 12
a relevant disqualified person; or'. 13
(5) Section 101(6)-- 14
omit, insert-- 15
`(6) If, for subsection (3), the chief executive's decision under 16
subsection (4) is that the person should be issued a positive 17
notice, the chief executive may issue a positive notice to the 18
person only if the chief executive is satisfied the person is 19
proposing, if the positive notice is issued, to be engaged in 20
regulated engagement. 21
`(7) The chief executive may cancel a person's negative notice 22
under subsection (3) even if-- 23
(a) a positive notice is not issued to the person under 24
subsection (6) until a later time; or 25
(b) a positive notice is never issued to the person under 26
subsection (6). 27
`(8) The chief executive may act under subsection (3) only on the 28
chief executive's own initiative. 29
Note-- 30
For the chief executive's power to cancel a negative notice on 31
application by a person, see section 100.'. 32
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Criminal History Screening Legislation Amendment Bill 2010
Part 7 Amendment of Disability Services Act 2006
[s 121]
Clause 121 Insertion of new s 101A 1
After section 101-- 2
insert-- 3
`101A Chief executive may cancel an exemption notice and 4
substitute another exemption notice 5
`(1) The chief executive may cancel a positive exemption notice 6
(the cancelled notice) about a person and substitute a negative 7
exemption notice if the chief executive is satisfied that-- 8
(a) the decision on the application for the cancelled notice 9
was based on wrong or incomplete information and, 10
based on the correct or complete information, the chief 11
executive should issue a negative exemption notice to 12
the person; or 13
(b) it is appropriate to cancel the cancelled notice having 14
regard to-- 15
(i) information received under section 114, 114A, 16
114B or 115 about the person, other than 17
information known to the chief executive at the 18
time the cancelled notice was issued; or 19
(ii) a decision of a court made after the cancelled 20
notice was issued, including the reasons for the 21
decision, relating to an offence committed by the 22
person. 23
`(2) If the person is engaged by a funded non-government service 24
provider at the time the negative exemption notice is 25
substituted, the chief executive must give notice of the 26
substitution to the service provider. 27
`(3) The chief executive may cancel a negative exemption notice 28
(the cancelled notice) about a person and, subject to 29
subsection (6), substitute a positive exemption notice if-- 30
(a) the chief executive is satisfied that the decision on the 31
application for the cancelled notice was based on wrong 32
or incomplete information and, based on the correct or 33
complete information, the chief executive should issue a 34
positive exemption notice to the person; or 35
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Part 7 Amendment of Disability Services Act 2006
[s 121]
(b) the negative exemption notice was issued because the 1
person was a relevant disqualified person and the person 2
is no longer a relevant disqualified person; or 3
(c) the chief executive is satisfied that it is appropriate to 4
cancel the negative exemption notice having regard to 5
information not known to the chief executive at the time 6
the negative exemption notice was issued. 7
`(4) In making a decision under subsection (1) or (3), the chief 8
executive must make the decision as if it were a decision 9
about an exemption notice application and, for that purpose, 10
sections 89C, 89D and 89E apply to the decision under this 11
section. 12
`(5) If the chief executive proposes to substitute a negative 13
exemption notice as mentioned in subsection (1), the chief 14
executive must first comply with section 88 as if-- 15
(a) the reference in section 88(2) to deciding the application 16
by issuing a negative notice were a reference to 17
substituting a negative exemption notice for a positive 18
exemption notice; and 19
(b) the reference in section 88(4) to deciding the application 20
were a reference to substituting a negative exemption 21
notice for a positive exemption notice. 22
`(6) If, for subsection (3), the chief executive's decision under 23
subsection (4) is that the person should be issued a positive 24
exemption notice, the chief executive may issue a positive 25
exemption notice to the person only if the chief executive is 26
satisfied the person is proposing, if the positive exemption 27
notice is issued, to be engaged in regulated engagement. 28
`(7) The chief executive may cancel a person's negative exemption 29
notice under subsection (3) even if-- 30
(a) a positive exemption notice is not issued to the person 31
under subsection (6) until a later time; or 32
(b) a positive exemption notice is never issued to the person 33
under subsection (6). 34
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`(8) The chief executive may act under subsection (3) only on the 1
chief executive's own initiative. 2
Note-- 3
For the chief executive's power to cancel a negative exemption notice on 4
application by a person, see section 100.'. 5
Clause 122 Amendment of s 102 (Cancellation if conviction for 6
excluding offence and imprisonment or disqualification 7
order) 8
(1) Section 102, heading-- 9
omit, insert-- 10
`102 Cancellation of positive notice if relevant disqualified 11
person'. 12
(2) Section 102(1)-- 13
omit, insert-- 14
`(1) This section applies if a person who is the holder of a positive 15
notice, including a positive notice that is suspended under 16
section 104, becomes a relevant disqualified person other than 17
only because the person is subject to either or both of the 18
following-- 19
(a) a temporary offender prohibition order; 20
(b) an interim sexual offender order.'. 21
(3) Section 102(3)(a) to (c)-- 22
omit, insert-- 23
`(a) the person can not apply under section 100 for the 24
cancellation of the negative notice, even after 2 years; 25
and 26
(b) the relevant review and appeal information.'. 27
(4) Section 102(5)-- 28
omit. 29
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Clause 123 Omission of s 103 (Cancellation if conviction for 1
excluding offence but no imprisonment or 2
disqualification order) 3
Section 103-- 4
omit. 5
Clause 124 Amendment of s 104 (Effect of charge for excluding 6
offence pending charge being dealt with) 7
(1) Section 104, heading-- 8
omit, insert-- 9
`104 Suspension of positive notice if charged with 10
disqualifying offence or subject to temporary or interim 11
order'. 12
(2) Section 104(1)-- 13
omit, insert-- 14
`(1) The chief executive must, by notice, suspend a positive notice 15
held by a person if the person-- 16
(a) is charged with a disqualifying offence; or 17
(b) becomes a relevant disqualified person because the 18
person is subject to a temporary offender order or 19
interim sexual offender order.'. 20
(3) Section 104(2)-- 21
insert-- 22
`(f) the relevant review and appeal information.'. 23
(4) Section 104(3)-- 24
omit, insert-- 25
`(3) Until the suspension ends, the person whose positive notice is 26
suspended and who is given a notice under subsection (1) 27
must not apply for, or start or continue in, regulated 28
engagement. 29
Maximum penalty--500 penalty units or 5 years 30
imprisonment.'. 31
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Clause 125 Amendment of s 105 (Cancellation of suspension and 1
issue of further prescribed notice) 2
(1) Section 105, heading, `Cancellation'-- 3
omit, insert-- 4
`Ending'. 5
(2) Section 105(2) to (4)-- 6
omit, insert-- 7
`(2) The suspension ends if-- 8
(a) the suspended notice is cancelled under another 9
provision of this division; or 10
(b) on the chief executive's own initiative or on application 11
by the person-- 12
(i) the chief executive cancels the suspended notice 13
and issues a further positive notice or a negative 14
notice to the person; or 15
(ii) the chief executive cancels the suspended notice as 16
mentioned in subsection (5).'. 17
(3) Section 105(5), `under subsection (3)'-- 18
omit, insert-- 19
`to cancel the suspended notice and, subject to subsection (5), 20
issue a further positive notice or a negative notice to the 21
person'. 22
(4) Section 105(5) and (6)-- 23
renumber as section 105(3) and (4). 24
(5) Section 105-- 25
insert-- 26
`(5) The chief executive may cancel the suspended positive notice 27
without issuing a further prescribed notice to the person if the 28
chief executive is satisfied that the person is no longer 29
proposing to be engaged in regulated engagement, even if a 30
further positive notice is issued to the person.'. 31
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(6) Section 105-- 1
insert-- 2
`(6) Despite an application made by the person as mentioned in 3
subsection (2)(b), the chief executive is not required to decide 4
the application-- 5
(a) while a charge against the person for a disqualifying 6
offence is pending; or 7
(b) while the person is a relevant disqualified person 8
because the person is subject to a temporary offender 9
prohibition order or interim sexual offender order; or 10
(c) if the person has been convicted of a disqualifying 11
offence and-- 12
(i) the period allowed for an appeal relating to the 13
conviction or sentence of the person has not ended; 14
or 15
(ii) an appeal relating to the conviction or sentence has 16
started but has not been decided; or 17
(d) if the person is subject to a final offender prohibition 18
order, disqualification order or final sexual offender 19
order and-- 20
(i) the period allowed for an appeal relating to the 21
order has not ended; or 22
(ii) an appeal relating to the order has started but has 23
not been decided.'. 24
Clause 126 Insertion of new ss 105A-105D 25
After section 105-- 26
insert-- 27
`105A Suspension of a positive exemption notice if 28
CCYPCG positive notice suspended 29
`(1) This section applies if-- 30
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(a) a person holds a positive exemption notice on the basis 1
the person also holds a CCYPCG positive notice; and 2
(b) the CCYPCG positive notice is suspended under the 3
CCYPCG Act. 4
`(2) The chief executive must suspend the person's positive 5
exemption notice by notice given to the person. 6
`(3) The notice about the suspension must state the following-- 7
(a) the positive exemption notice held by the person is 8
suspended; 9
(b) the reason for the suspension; 10
(c) how long the suspension will continue; 11
(d) the effect of the suspension; 12
(e) the person must return the positive exemption notice to 13
the chief executive within 7 days after the notice about 14
the suspension is given to the person; 15
(f) the relevant review and appeal information. 16
`(4) Until the suspension ends, the person whose positive 17
exemption notice is suspended and who is given a notice 18
under subsection (2) must not apply for, or start or continue 19
in, regulated engagement. 20
Maximum penalty--500 penalty units or 5 years 21
imprisonment. 22
`(5) Within 7 days after a person is given notice under subsection 23
(2), the person must return the person's positive exemption 24
notice to the chief executive. 25
Maximum penalty--100 penalty units. 26
`(6) Also, if the person is engaged by a funded non-government 27
service provider, the chief executive must give notice to the 28
service provider stating the following-- 29
(a) the positive exemption notice held by the person is 30
suspended; 31
(b) how long the suspension will continue; 32
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(c) the effect of the suspension; 1
(d) that the service provider must not allow the person to 2
work at a service outlet of the service provider while the 3
person's positive exemption notice is suspended; 4
(e) the service provider must not terminate the persons 5
engagement or continued engagement solely or mainly 6
because the person's positive exemption notice is 7
suspended. 8
`(7) A funded non-government service provider to whom notice is 9
given under subsection (6) must not allow the person to work 10
at a service outlet of the service provider while the person's 11
positive exemption notice is suspended. 12
Maximum penalty-- 13
(a) for an individual guilty under chapter 2 of the Criminal 14
Code of an offence or for section 206--200 penalty 15
units; or 16
(b) for a funded non-government service provider--1000 17
penalty units. 18
`(8) A funded non-government service provider to whom a notice 19
is given under subsection (6) about a person must not 20
terminate the person's engagement or continued engagement 21
solely or mainly because the service provider is given the 22
notice. 23
`105B Ending of suspension and issue of further exemption 24
notice or prescribed notice 25
`(1) This section applies to a positive exemption notice held by a 26
person that is suspended under section 105A (the suspended 27
notice). 28
`(2) The suspension ends if-- 29
(a) the suspended notice is cancelled under another 30
provision of this division; or 31
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(b) the suspended notice ceases to have effect under section 1
89F(2) because the person's CCYPCG positive notice is 2
cancelled under the CCYPCG Act; or 3
(c) on the chief executive's own initiative or on application 4
by the person-- 5
(i) the chief executive cancels the suspended notice 6
and issues a further positive exemption notice or 7
negative exemption notice to the person; or 8
(ii) the chief executive cancels the suspended notice as 9
mentioned in subsection (6). 10
`(3) If subsection (2)(b) applies-- 11
(a) the chief executive may, on the chief executive's own 12
initiative or on application by the person, issue a positive 13
notice or negative notice to the person; and 14
(b) in making a decision under paragraph (a), the chief 15
executive must make the decision as if it were a decision 16
about a prescribed notice application and, for that 17
purpose, sections 85, 86 and 87 apply in relation to 18
making the decision. 19
`(4) In making a decision under subsection (2)(c) to cancel the 20
suspended notice and, subject to subsection (6), issue a 21
replacement notice to the person, the chief executive must 22
make the decision as if it were a decision about an exemption 23
notice application and, for that purpose, sections 89C, 89D 24
and 89E apply in relation to making the decision. 25
`(5) If the chief executive proposes to issue a negative notice or 26
negative exemption notice under subsection (3) or (4), the 27
chief executive must first comply with section 88 as if-- 28
(a) the reference in section 88(2) to deciding the application 29
by issuing a negative notice were a reference to issuing a 30
negative notice or negative exemption notice under this 31
section; and 32
(b) the reference in section 88(4) to deciding the application 33
were a reference to cancelling the suspended notice and 34
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issuing a prescribed notice or exemption notice under 1
this section. 2
`(6) The chief executive may cancel the suspended positive 3
exemption notice without issuing a further exemption notice 4
or a prescribed notice to the person if the chief executive is 5
satisfied that the person is no longer proposing to be engaged 6
in regulated engagement, even if a positive exemption notice 7
or positive notice is issued to the person. 8
`(7) If the chief executive issues a negative notice or negative 9
exemption notice to the person under this section, the chief 10
executive must give the person a notice stating-- 11
(a) the reasons for the chief executive's decision to issue a 12
negative notice or negative exemption notice to the 13
person; and 14
(b) the relevant review and appeal information. 15
`(8) Also, if the person is engaged by a funded non-government 16
service provider and the chief executive issues a further 17
exemption notice or a prescribed notice to the person under 18
this section, the chief executive must give notice to the service 19
provider stating-- 20
(a) the person's suspended notice has been cancelled under 21
this section or, if subsection (2)(b) applies, ceased to 22
have effect under section 89F; and 23
(b) whether the person has been issued a positive notice, 24
negative notice, positive exemption notice or negative 25
exemption notice. 26
`(9) Despite an application made by the person as mentioned in 27
subsection (2)(c), the chief executive is not required to decide 28
the application while the person's CCYPCG positive notice is 29
suspended under the CCYPCG Act. 30
`105C Notifying holder of expiry of positive exemption 31
notice 32
`(1) This section applies if-- 33
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(a) a person was issued a positive exemption notice; and 1
(b) the person no longer holds a CCYPCG positive notice 2
that is current under the CCYPCG Act. 3
`(2) The chief executive must give the person a notice stating that 4
the person's positive exemption notice has ceased to have 5
effect under section 89F. 6
`(3) The notice must also advise the person that a prescribed notice 7
application may be made about the person if the person does 8
not hold a CCYPCG positive notice and is not a disqualified 9
person. 10
`(4) Also, if the person is engaged by a funded non-government 11
service provider at a service outlet of the service provider, the 12
chief executive must give the service provider a notice stating 13
that-- 14
(a) the positive exemption notice held by the person has 15
ceased to have effect under section 89F; and 16
(b) a prescribed notice application may be made about the 17
person if the person does not hold a CCYPCG positive 18
notice and is not a disqualified person. 19
`(5) A person who is given notice under subsection (2) that the 20
person's positive exemption notice has ceased to have effect 21
must immediately return the positive exemption notice to the 22
chief executive, unless the person has a reasonable excuse. 23
Maximum penalty for subsection (5)--100 penalty units. 24
`105D Request to cancel positive notice or positive 25
exemption notice 26
`(1) A person, including a person whose positive notice is 27
suspended under section 104 or whose positive exemption 28
notice is suspended under section 105A, may, by notice, ask 29
the chief executive to cancel the person's positive notice or 30
positive exemption notice. 31
`(2) After receiving the notice, the chief executive must-- 32
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(a) cancel the positive notice or positive exemption notice; 1
and 2
(b) give the person a notice stating that-- 3
(i) the positive notice or positive exemption notice has 4
been cancelled; and 5
(ii) the person must not apply for, or start or continue 6
in, regulated engagement. 7
`(3) The person must not apply for, or start or continue in, 8
regulated engagement unless the chief executive issues a 9
further positive notice or positive exemption notice to the 10
person. 11
Maximum penalty--500 penalty units or 5 years 12
imprisonment. 13
`(4) If the person is engaged by a funded non-government service 14
provider, the chief executive must give notice about the 15
cancellation of the person's positive notice or positive 16
exemption notice to the service provider. 17
`(5) A notice under subsection (4) must state that a funded 18
non-government service provider to whom the notice is given 19
must not engage, or continue to engage, the person at a service 20
outlet of the service provider.'. 21
Clause 127 Amendment of s 106 (Replacement of positive notice or 22
positive notice card) 23
(1) Section 106, heading, `or positive notice card'-- 24
omit, insert-- 25
`, positive notice card or positive exemption notice'. 26
(2) Section 106(1)-- 27
omit, insert-- 28
`(1) If a person's current positive notice, positive notice card, or 29
positive exemption notice, is lost or stolen, the person must, 30
within 14 days after the loss or theft-- 31
(a) give the chief executive notice of the loss or theft; and 32
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(b) if the person has a current positive notice and a positive 1
notice card and only the notice is lost or stolen, or only 2
the card is lost or stolen, return the card or the notice 3
that is not lost or stolen to the chief executive; and 4
(c) either-- 5
(i) apply for a replacement notice or card; or 6
(ii) ask the chief executive to cancel the person's 7
positive notice or positive exemption notice under 8
section 105D. 9
Maximum penalty--10 penalty units.'. 10
(3) Section 106(2), `The application'-- 11
omit, insert-- 12
`An application under subsection (1)(c)(i)'. 13
(4) Section 106(3)-- 14
omit, insert-- 15
`(3) The chief executive must-- 16
(a) cancel-- 17
(i) for a lost or stolen positive notice--the lost or 18
stolen notice and any positive notice card issued 19
for it; or 20
(ii) for a lost or stolen positive notice card--the lost or 21
stolen card and the positive notice for which it was 22
issued; or 23
(iii) for a lost or stolen positive exemption notice--the 24
lost or stolen notice; and 25
(b) if the person makes an application under subsection 26
(1)(c)(i)--issue to the person-- 27
(i) for a lost positive notice or positive notice card--a 28
replacement positive notice and, if the person had a 29
positive notice card for the person's previous 30
positive notice, a replacement positive notice card; 31
or 32
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(ii) for a lost or stolen positive exemption notice--a 1
replacement positive exemption notice.'. 2
(5) Section 106(4), `may'-- 3
omit, insert-- 4
`must'. 5
(6) Section 106(6), `or current' to `card'-- 6
omit, insert-- 7
`current positive notice card, or current positive exemption 8
notice'. 9
Clause 128 Amendment of s 107 (Change of details for prescribed 10
notice or positive notice card) 11
(1) Section 107, heading-- 12
omit, insert-- 13
`107 Change of details for positive notice, positive notice card 14
or positive exemption notice'. 15
(2) Section 107(1), after `positive notice'-- 16
insert-- 17
`or positive exemption notice'. 18
(3) Section 107(3) to (5)-- 19
omit, insert-- 20
`(3) If the chief executive considers it is appropriate to do so, the 21
chief executive may issue to the holder-- 22
(a) for the holder of a positive notice--a replacement 23
positive notice and, if the holder also has a positive 24
notice card, a replacement positive notice card; or 25
(b) for the holder of a positive exemption notice--a 26
replacement positive exemption notice. 27
`(4) If the chief executive issues the holder a replacement positive 28
notice, positive notice card or positive exemption notice, the 29
holder must return the replaced notice or card to the chief 30
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executive within 14 days after receiving the replacement 1
notice or card. 2
Maximum penalty--10 penalty units. 3
`(5) The chief executive must cancel the previously held positive 4
notice, positive notice card or positive exemption notice if the 5
chief executive has issued a replacement notice or card.'. 6
Clause 129 Insertion of new s 107A 7
After section 107-- 8
insert-- 9
`107A Replacement notice etc. if change in engagement 10
details 11
`(1) This section applies if the holder of a positive notice that is 12
not suspended changes the person's engagement by a funded 13
non-government service provider from engagement as a 14
volunteer to engagement as other than a volunteer (the 15
relevant change). 16
`(2) The holder must give notice, in the approved form, to the chief 17
executive about the relevant change within 14 days after the 18
change. 19
Maximum penalty--10 penalty units. 20
`(3) After receiving a notice under subsection (2), the chief 21
executive must issue to the holder a new positive notice and, if 22
the holder also has a positive notice card, a new positive 23
notice card. 24
`(4) If the chief executive issues to the holder a new positive notice 25
or positive notice card under subsection (3), the holder must 26
return the person's previously held notice or card to the chief 27
executive within 14 days after receiving the new notice or 28
card. 29
Maximum penalty--10 penalty units. 30
`(5) The chief executive must cancel the previously held positive 31
notice or positive notice card if the chief executive has issued 32
a new notice or card. 33
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`(6) If the holder has not paid the prescribed application fee for the 1
positive notice, the notice under subsection (2) must be 2
accompanied by the prescribed application fee. 3
`(7) In this section-- 4
prescribed application fee, for a positive notice, means the fee 5
that was the prescribed fee for the prescribed notice 6
application in relation to which the positive notice was issued 7
when the application was made.'. 8
Clause 130 Insertion of new pt 10, divs 6A and 6B 9
Part 10-- 10
insert-- 11
`Division 6A Persons who hold or held a 12
CCYPCG positive notice 13
`107B Application of div 6 to person who holds CCYPCG 14
positive notice and prescribed notice 15
`(1) This section applies if-- 16
(a) a person holds a current positive notice or current 17
negative notice; and 18
(b) the person also holds a CCYPCG positive notice. 19
`(2) The person's positive notice or negative notice continues in 20
effect subject to section 89. 21
`(3) Division 6 continues to apply in relation to the person's 22
positive notice or negative notice while it remains current. 23
`(4) If, under a provision of division 6, the chief executive is 24
required or permitted to issue a positive notice to the person 25
and the chief executive is aware the person also holds a 26
CCYPCG positive notice, the chief executive must instead 27
issue a positive exemption notice to the person. 28
`(5) If, under a provision of division 6, the chief executive is 29
required or permitted to issue a negative notice to the person 30
and the chief executive is aware the person holds a CCYPCG 31
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positive notice, the chief executive must instead issue a 1
negative exemption notice to the person. 2
`(6) This section applies despite section 82B. 3
`107C Person who holds negative exemption notice but no 4
longer holds CCYPCG positive notice 5
`(1) This section applies if-- 6
(a) a person was issued a negative exemption notice on the 7
basis the person held a CCYPCG positive notice; and 8
(b) the person no longer holds a CCYPCG positive notice. 9
`(2) The negative exemption notice continues in effect despite 10
section 89A(1). 11
`(3) If, after cancelling the negative exemption notice under 12
section 100 or 101A(3), the chief executive is required or 13
permitted to issue a positive exemption notice to the person 14
and the chief executive is aware the person does not hold a 15
CCYPCG positive notice, the chief executive must instead 16
issue a positive notice to the person. 17
`Division 6B Disqualified persons 18
`107D Who is a disqualified person 19
`(1) A person is a disqualified person if the person-- 20
(a) has been or is convicted of a disqualifying offence; or 21
(b) is subject to-- 22
(i) offender reporting obligations; or 23
(ii) an offender prohibition order; or 24
(iii) a disqualification order; or 25
(iv) a sexual offender order. 26
`(2) However, a person to whom subsection (1)(a) applies is not a 27
disqualified person if the chief executive issued an eligibility 28
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declaration to the person and the eligibility declaration has not 1
expired. 2
Notes-- 3
1 Under section 107I, a person who is issued a positive notice, or 4
whose negative notice or negative exemption notice is cancelled, is 5
taken to be issued with an eligibility declaration. 6
2 See section 107M for when an eligibility declaration expires, 7
including if the person is charged with a disqualifying offence or 8
becomes a relevant disqualified person after the declaration was 9
issued. 10
`107E Offences for disqualified person 11
`(1) A disqualified person must not-- 12
(a) sign an application as an engaged person under section 13
83; or 14
(b) apply for, or start or continue in, regulated engagement. 15
Maximum penalty--500 penalty units or 5 years 16
imprisonment. 17
`(2) If the chief executive is satisfied a person who has signed an 18
application as mentioned in subsection (1)(a) is a disqualified 19
person, the chief executive must give a notice to the person 20
stating the following-- 21
(a) the chief executive is satisfied the person is a 22
disqualified person; 23
(b) the application is invalid; 24
(c) the person must not apply for, or start or continue in, 25
regulated engagement. 26
`(3) Also, the chief executive must give a notice stating the 27
following to the funded non-government service provider who 28
made the application-- 29
(a) that the chief executive is satisfied that the person for 30
whom the application has been made is a disqualified 31
person; 32
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(b) the service provider must not allow the person to start or 1
continue in engagement by the service provider at a 2
service outlet of the service provider. 3
`(4) Subsection (1)(b) applies even though it is not an offence for a 4
funded non-government service provider to engage the 5
disqualified person at a service outlet of the service provider. 6
`107F Application for an eligibility declaration 7
`(1) The purpose of this section is to allow a person who may be a 8
disqualified person to apply to the chief executive for a 9
declaration (eligibility declaration) that the person is not a 10
disqualified person and is eligible to sign an application as an 11
engaged person under section 83. 12
`(2) A person may make an application (eligibility application) to 13
the chief executive for an eligibility declaration. 14
`(3) The person can not make an eligibility application less than 2 15
years after making a previous eligibility application that has 16
been refused, unless-- 17
(a) the decision to refuse the previous eligibility application 18
was based on wrong or incomplete information; or 19
(b) the previous eligibility declaration was refused because 20
the person was a relevant disqualified person and the 21
person is no longer a relevant disqualified person. 22
`(4) The eligibility application must be-- 23
(a) in the approved form; and 24
(b) signed by the person; and 25
(c) accompanied by the prescribed fee. 26
`(5) The approved form must include provision for-- 27
(a) identifying information about the person; and 28
(b) certification by a prescribed person that the prescribed 29
person has sighted the documents, relating to proof of 30
the person's identity, prescribed under a regulation. 31
`(6) In this section-- 32
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prescribed person means a justice, commissioner for 1
declarations, lawyer or police officer. 2
`107G Notice of change of name and contact details in 3
eligibility application 4
`(1) This section applies if, after a person makes an eligibility 5
application, the person's name or contact details, as stated in 6
the application, change before the chief executive issues an 7
eligibility declaration or a notice relating to the application 8
under section 107H. 9
`(2) Within 14 days after the change happens, the person must give 10
notice of it, in the approved form, to the chief executive. 11
Maximum penalty--10 penalty units. 12
`107H Chief executive's decision on eligibility application 13
`(1) The chief executive may issue an eligibility declaration to a 14
person only if the person-- 15
(a) has been convicted of a disqualifying offence; and 16
(b) is not a relevant disqualified person. 17
`(2) The chief executive must decide the eligibility application as 18
if it were a decision about an application for a prescribed 19
notice and, for that purpose, sections 85, 86 and 88 apply to 20
the decision. 21
`(3) For subsection (2), sections 85, 86 and 88 apply as if-- 22
(a) a reference in the sections to a prescribed notice 23
application were a reference to an eligibility application; 24
and 25
(b) a reference in the sections to issuing a positive notice 26
were a reference to issuing an eligibility declaration; 27
and 28
(c) a reference in the sections to issuing a negative notice 29
were a reference to refusing to issue an eligibility 30
declaration. 31
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`(4) If the eligibility application is granted, the chief executive 1
must issue the eligibility declaration to the person. 2
`(5) If the eligibility application is refused, the chief executive 3
must give the person a notice stating-- 4
(a) the reasons for the refusal; and 5
(b) if the reasons include investigative information-- 6
(i) that, within 28 days after the person is given the 7
notice, the person may appeal to a Magistrates 8
Court about the police commissioner's decision 9
that the information is investigative information; 10
and 11
(ii) how the person may appeal to the Magistrates 12
Court. 13
`(6) If the chief executive considers the person has not been 14
convicted of a disqualifying offence, the chief executive must 15
give notice to the person stating the following-- 16
(a) the chief executive may only issue an eligibility 17
declaration if the person has been convicted of a 18
disqualifying offence; 19
(b) the chief executive does not consider the person has 20
been convicted of a disqualifying offence and, for that 21
reason, the chief executive can not issue an eligibility 22
declaration to the person; 23
(c) if the person is not a disqualified person for another 24
reason, a prescribed notice application may be made for 25
the person; 26
(d) the eligibility application will not be further dealt with 27
by the chief executive. 28
`(7) There is no review or appeal under this Act in relation to a 29
decision of the chief executive under this section to refuse an 30
eligibility application. 31
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[s 130]
`107I Eligibility declaration taken to have been issued 1
`The chief executive is taken to have issued an eligibility 2
declaration to a disqualified person if the chief executive-- 3
(a) issues a positive notice to the person; or 4
(b) cancels a negative notice or negative exemption notice 5
issued to the person. 6
`107J Withdrawing eligibility application generally 7
`A person may withdraw the person's eligibility application at 8
any time before the chief executive issues an eligibility 9
declaration or a notice relating to the application under section 10
107H. 11
`107K Deemed withdrawal of eligibility application if 12
identity can not be established 13
`A person is taken to have withdrawn the person's eligibility 14
application if-- 15
(a) the chief executive gives the person a notice-- 16
(i) asking the person to provide, within a reasonable 17
stated time, stated information that the chief 18
executive reasonably needs to establish the 19
person's identity; and 20
(ii) warning the person that, if the person does not 21
comply with the request, the person's eligibility 22
application may be taken to have been withdrawn; 23
and 24
(b) the person does not comply with the request within the 25
stated time; and 26
(c) the chief executive can not establish with certainty the 27
person's identity; and 28
(d) the chief executive gives the person a notice stating that 29
the person is taken to have withdrawn the eligibility 30
application. 31
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[s 130]
`107L Deemed withdrawal of eligibility application if 1
particular requests not complied with 2
`A person is taken to have withdrawn the person's eligibility 3
application if-- 4
(a) the chief executive gives the person-- 5
(i) a notice asking the person to provide, within a 6
reasonable stated time, stated information, 7
including by way of a submission, about a stated 8
matter that the chief executive reasonably believes 9
is relevant to the application; or 10
(ii) a notice under section 114D; or 11
(iii) a notice asking the person to give the necessary 12
consent for section 114F or 114G; or 13
(iv) a notice asking the person to give the necessary 14
consent for section 114K or 114L; and 15
(b) the notice includes a warning that, if the person does not 16
comply with the notice, the person's eligibility 17
application may be taken to have been withdrawn; and 18
(c) the person does not comply with the notice; and 19
(d) the chief executive gives the person a notice stating that 20
the person is taken to have withdrawn the eligibility 21
application. 22
`107M Expiry of eligibility declaration 23
`An eligibility declaration issued to a person expires if, after it 24
is issued-- 25
(a) the person-- 26
(i) is charged with a disqualifying offence; or 27
(ii) is convicted of a serious offence; or 28
(iii) becomes a relevant disqualified person; or 29
(iv) is issued with a negative notice or negative 30
exemption notice; or 31
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[s 131]
(b) any positive notice or positive exemption notice held by 1
the person is cancelled. 2
`107N Reversal of decision refusing an eligibility declaration 3
`(1) The chief executive may revoke a decision to refuse an 4
eligibility application and issue an eligibility declaration if the 5
chief executive is satisfied-- 6
(a) the decision on the application was based on wrong or 7
incomplete information; and 8
(b) based on the correct or complete information, the chief 9
executive decides under section 107H that the chief 10
executive may issue the eligibility declaration. 11
`(2) The chief executive may exercise the power under subsection 12
(1) on the chief executive's own initiative or on application by 13
the person whose eligibility application was refused.'. 14
Clause 131 Insertion of new pt 10, div 7, sdiv 1, hdg 15
Part 10, division 7-- 16
insert-- 17
`Subdivision 1 Reviews and appeals against 18
particular decisions'. 19
Clause 132 Amendment of s 108 (Person may apply for review of 20
decision) 21
Section 108(1)(a), `, 103(2) or 105(3)'-- 22
omit, insert-- 23
`or 103(2)'. 24
Clause 133 Replacement of s 108 (Person may apply for review of 25
decision) 26
Section 108-- 27
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Part 7 Amendment of Disability Services Act 2006
[s 133]
omit, insert-- 1
`108 Definitions for sdiv 1 2
`In this subdivision-- 3
issue-- 4
(a) in relation to a negative notice--includes substitute a 5
negative notice after cancelling a positive notice; and 6
(b) in relation to a negative exemption notice--includes 7
substitute a negative exemption notice after cancelling a 8
positive exemption notice. 9
part 10 reviewable decision, about a person, means-- 10
(a) a decision of the chief executive as to whether or not 11
there is an exceptional case for the person if, because of 12
the decision, the chief executive-- 13
(i) issued a negative notice or negative exemption 14
notice to the person; or 15
(ii) refused to cancel a negative notice or negative 16
exemption notice issued to the person; or 17
(b) a decision of the chief executive that the person has been 18
charged with a disqualifying offence if-- 19
(i) because of the decision, the positive notice held by 20
the person was suspended under section 104; and 21
(ii) the person claims he or she has not been charged 22
with the disqualifying offence; and 23
(iii) the person has applied for a cancellation of the 24
suspension under section 105 and that application 25
has been refused; or 26
(c) a decision of the chief executive that the person's 27
CCYPCG positive notice has been suspended under the 28
CCYPCG Act if-- 29
(i) because of the decision, the positive exemption 30
notice held by the person was suspended under 31
section 105A; and 32
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Criminal History Screening Legislation Amendment Bill 2010
Part 7 Amendment of Disability Services Act 2006
[s 133]
(ii) the person claims his or her CCYPCG positive 1
notice has not been suspended under the CCYPCG 2
Act; and 3
(iii) the person has applied for a cancellation of the 4
suspension under section 105B and that application 5
has been refused; or 6
(d) a relevant disqualified person decision if-- 7
(i) because of the decision, the chief executive issued 8
a negative notice or negative exemption notice to 9
the person; and 10
(ii) the person claims he or she is not the person to 11
whom the conviction, reporting obligations or 12
order in relation to which the decision was made 13
relates; and 14
(iii) the person has applied for a cancellation of the 15
negative notice or negative exemption notice under 16
section 100, and that application has been refused. 17
prescribed period, for a review of a part 10 reviewable 18
decision about a person, means 28 days after the person is 19
given notice of the following-- 20
(a) for a part 10 decision mentioned in definition part 10 21
reviewable decision, paragraph (a)--the decision; 22
(b) for a part 10 decision mentioned in definition part 10 23
reviewable decision, paragraph (b)--the decision on the 24
application under section 105 about the suspension; 25
(c) for a part 10 decision mentioned in definition part 10 26
reviewable decision, paragraph (c)--the decision on the 27
application under section 105B about the suspension; 28
(d) for a part 10 decision mentioned in definition part 10 29
reviewable decision, paragraph (d)--the decision on the 30
application under section 100 about the negative notice 31
or negative exemption notice. 32
relevant disqualified person decision means-- 33
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[s 133]
(a) a decision of the chief executive that a person has been 1
or is convicted of a disqualifying offence for which an 2
imprisonment order was or is imposed; 3
(b) a decision of the chief executive that a person is subject 4
to-- 5
(i) offender reporting obligations; or 6
(ii) a final offender prohibition order; or 7
(iii) a disqualification order; or 8
(iv) a final sexual offender order. 9
`108A Person may apply for review of part 10 reviewable 10
decision 11
`(1) A person who is not a disqualified person may apply, within 12
the prescribed period and as otherwise provided under the 13
QCAT Act, to the tribunal for a review of a part 10 reviewable 14
decision about the person. 15
`(2) If a person applies under subsection (1) to have a part 10 16
reviewable decision reviewed, the tribunal may not-- 17
(a) stay the operation of the decision; or 18
(b) grant an injunction in the proceeding for the review. 19
`(3) To remove any doubt, it is declared that there is no review or 20
appeal under this Act in relation to a decision of the chief 21
executive to issue, or refuse to cancel, a negative notice or 22
negative exemption notice about a person other than because 23
of a part 10 reviewable decision. 24
Note-- 25
There is also no review or appeal under this Act in relation to a decision 26
of the chief executive to refuse an eligibility application. See section 27
107H(7). 28
`(4) This section does not limit section 111. 29
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[s 134]
`108B Effect of applicant for a review becoming a 1
disqualified person 2
`(1) This section applies if a disqualified person made an 3
application under section 108A before the person became a 4
disqualified person. 5
`(2) The application and any proceeding in relation to the 6
application must be dismissed-- 7
(a) if a proceeding in relation to the application is before a 8
court--by the court; or 9
(b) otherwise--by QCAT, even if the dismissal would be 10
contrary to a direction of the District Court. 11
`(3) Any appeal by the person from a decision of QCAT on the 12
application must be dismissed.'. 13
Clause 134 Insertion of new pt 10, div 7, sdiv 2, hdg 14
After section 108-- 15
insert-- 16
`Subdivision 2 Provisions about investigative 17
information'. 18
Clause 135 Amendment of s 109 (Police commissioner may decide 19
that information about a person is investigative 20
information) 21
(1) Section 109(1)(a)-- 22
omit, insert-- 23
`(a) there is or was evidence of acts or omissions that, at the 24
time of the acts or omissions, constituted a schedule 6A 25
offence (the alleged offence) by the investigated person 26
against a person (the complainant); and'. 27
(2) Section 109-- 28
insert-- 29
`(3) For this section, a schedule 6A offence is-- 30
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Part 7 Amendment of Disability Services Act 2006
[s 136]
(a) an offence against a provision of an Act mentioned in 1
schedule 6A, column 1, subject to any qualification 2
relating to the provision mentioned opposite in column 3
3; or 4
(b) an offence of counselling or procuring the commission 5
of an offence of a kind mentioned in paragraph (a); or 6
(c) an offence of attempting, or of conspiring, to commit an 7
offence of a kind mentioned in paragraph (a); or 8
(d) an offence that has, as an element, intention to commit 9
an offence of a kind mentioned in paragraph (a); or 10
(e) an offence that, at the time it was committed was an 11
offence of a kind mentioned in paragraph (a); or 12
(f) an offence under a law of another jurisdiction that, if it 13
had been committed in Queensland, would have 14
constituted an offence mentioned in paragraphs (a) to 15
(e). 16
Note-- 17
Column 2 in schedule 6A is included for information purposes only and 18
states a section heading for the provision mentioned opposite in column 19
1. 20
`(4) For subsection (3), it is immaterial if a provision mentioned in 21
schedule 6A, column 1, for an Act has been amended from 22
time to time or that the provision was previously numbered 23
with a different number.'. 24
Clause 136 Amendment of s 111 (Decision by police commissioner 25
that information is investigative information) 26
(1) Section 111(1)(c)-- 27
omit, insert-- 28
`(c) after the investigative information is given to the chief 29
executive, any of the following happens (relevant 30
event)-- 31
(i) a negative notice or negative exemption notice is 32
issued to the person; 33
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[s 137]
(ii) the person's positive notice is cancelled and a 1
negative notice or negative exemption notice is 2
substituted for it; 3
(iii) the person's positive exemption notice is cancelled 4
and a negative exemption notice is substituted for 5
it; 6
(iv) the person's eligibility application is refused.'. 7
(2) Section 111(3)-- 8
omit, insert-- 9
`(3) However, an appeal under subsection (2) may only be made 10
within 28 days after the person is given notice of the relevant 11
event.'. 12
Clause 137 Amendment of s 113 (Consequence of decision on 13
appeal) 14
Section 113(2)(a), after `section 85(4) or (7)'-- 15
insert-- 16
`or 103(2)'. 17
Clause 138 Replacement of s 113 (Consequence of decision on 18
appeal) 19
Section 113-- 20
omit, insert-- 21
`113 Consequence of decision on appeal 22
`(1) This section applies if a Magistrates Court hears and decides 23
an appeal against the police commissioner's decision under 24
section 109 that information given to the chief executive about 25
a person is investigative information. 26
`(2) If the court sets aside the decision appealed against, the 27
person may-- 28
(a) if the person was issued a negative notice or negative 29
exemption notice on the basis of the information--apply 30
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[s 138]
under section 100 to cancel the negative notice or 1
negative exemption notice issued to the person on the 2
grounds that the decision to issue the notice was based 3
on wrong information; or 4
(b) if the person's eligibility application was refused on the 5
basis of the information--apply under section 107N for 6
the chief executive to revoke the refusal on the grounds 7
the refusal was based on wrong information. 8
`(3) If the court confirms the decision appealed against-- 9
(a) the person who appealed the decision may apply, within 10
28 days after receiving the notice under section 112(4) 11
and as otherwise provided under the QCAT Act, to the 12
tribunal for a review of a decision of the chief executive 13
if-- 14
(i) the person is not a disqualified person; and 15
(ii) the decision is a part 10 reviewable decision as 16
defined under section 108; and 17
(b) the notice under section 112(4) must state how, and the 18
period within which, the person may apply for the 19
review. 20
`(4) If a person applies under subsection (3)(a) to have a decision 21
reviewed, the tribunal may not-- 22
(a) stay the operation of the decision; or 23
(b) grant an injunction in the proceeding for the review. 24
`(5) In this section-- 25
issue-- 26
(a) in relation to a negative notice--includes substitute a 27
negative notice after cancelling a positive notice; and 28
(b) in relation to a negative exemption notice--includes 29
substitute a negative exemption notice after cancelling a 30
positive exemption notice.'. 31
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Criminal History Screening Legislation Amendment Bill 2010
Part 7 Amendment of Disability Services Act 2006
[s 139]
Clause 139 Insertion of new pt 10, div 7, sdiv 3, hdg and s 113A 1
After section 113-- 2
insert-- 3
`Subdivision 3 Obtaining police information or 4
information related to police 5
information about a person 6
`113A Persons to whom ss 114 and 114A applies 7
`Sections 114 and 114A apply in relation to the following 8
persons-- 9
(a) a person who has a current positive notice or current 10
positive exemption notice; 11
(b) a person about whom the chief executive has received a 12
prescribed notice application or exemption notice 13
application, if the application has not been withdrawn; 14
(c) a person who has applied to the chief executive to cancel 15
a negative notice or negative exemption notice about the 16
person; 17
(d) a person who has applied, under section 105, to the chief 18
executive to cancel the person's positive notice that is 19
suspended and issue a further positive notice to the 20
person; 21
(e) a person who has applied, under section 105B, to the 22
chief executive to cancel the person's positive 23
exemption notice that is suspended and issue a further 24
positive exemption notice or a positive notice to the 25
person; 26
(f) a person who has made an eligibility application if-- 27
(i) the chief executive has not given the person written 28
notice under section 107H; and 29
(ii) the application has not been withdrawn; 30
(g) a person who has an eligibility declaration, if the 31
eligibility declaration has not expired; 32
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[s 140]
(h) a person who has a negative notice or negative 1
exemption notice if-- 2
(i) the person has made an application under section 3
108A or 113(3) that has not been decided; or 4
(ii) an appeal to an entity has been made in relation to 5
an application under section 108A or 113(3), and 6
the appeal has not been decided.'. 7
Clause 140 Amendment of s 114 (Chief executive may obtain 8
information from police commissioner) 9
(1) Section 114(1), from `if'---- 10
omit, insert-- 11
`mentioned in section 113A.'. 12
(2) Section 114(3)(c) and (d)-- 13
omit, insert-- 14
`(c) the person's address; 15
(d) if the person is currently the holder of a prescribed 16
notice--any number or date relevant to the prescribed 17
notice or a positive notice card; 18
(e) if the person is currently the holder of an exemption 19
notice--any number or date relevant to the exemption 20
notice; 21
(f) whether or not the person is engaged, or to be engaged, 22
as a volunteer; 23
(g) the basis on which the chief executive may request 24
information about the person, including, for example, by 25
referencing the relevant provision of subsection (1).'. 26
(3) Section 114-- 27
insert-- 28
`(6A) If the police commissioner gives the chief executive 29
information under this section about a person who is or has 30
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[s 140]
been a relevant disqualified person, the information must 1
include the following information about the person-- 2
(a) that the person is or has been a relevant disqualified 3
person; 4
(b) if the person is or has been subject to a disqualification 5
order--the duration and details of the disqualification 6
order; 7
(c) if the person is or has been subject to an offender 8
prohibition order-- 9
(i) a brief description of the conduct that gave rise to 10
the order; and 11
(ii) the duration and details of the order, including 12
whether it is or was a temporary offender 13
prohibition order or a final offender prohibition 14
order. 15
`(6B) If the police commissioner gives the chief executive 16
information under this section about a person who is or has 17
been the subject of an application for a disqualification order 18
or named as the respondent for an application for an offender 19
prohibition order, and the order was not made, the information 20
must include the following information about the person-- 21
(a) that the person is or has been the subject of an 22
application for a disqualification order or named as the 23
respondent for an application for an offender prohibition 24
order and the order was not made; 25
(b) the reasons why the application was made; 26
(c) the reasons why the order was not made; 27
(d) if the application was for an offender prohibition order 28
and the magistrate or court hearing the application 29
decided not to make a CPOPOA disqualification order 30
for the person--the reasons why the CPOPOA 31
disqualification order was not made.'. 32
(4) Section 114-- 33
insert-- 34
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Part 7 Amendment of Disability Services Act 2006
[s 141]
`(13) To remove any doubt, it is declared that, despite the Youth 1
Justice Act 1992, part 9, the police commissioner may 2
disclose information to which that part applies to the chief 3
executive for complying with a request under subsection (2) 4
or (4).'. 5
Clause 141 Insertion of new ss 114A and 114B and sdivs 4 and 5 and 6
sdiv 6, hdg 7
After section 114-- 8
insert-- 9
`114A Obtaining information from director of public 10
prosecutions 11
`(1) This section applies to a person mentioned in section 113A. 12
`(2) If the chief executive becomes aware that the person has been 13
charged with or convicted of an offence, the chief executive 14
may, by notice, ask the director of public prosecutions for the 15
following-- 16
(a) a written statement briefly describing the circumstances 17
of a charge or conviction for the offence; 18
(b) a copy or written summary of evidentiary material about 19
the offence; 20
(c) if a charge for the offence was not proceeded with--a 21
written summary of the reasons why the charge was not 22
proceeded with. 23
`(3) The chief executive's request may include the following 24
information-- 25
(a) the person's name and any other name the chief 26
executive believes the person may use or have used; 27
(b) the person's gender and date and place of birth. 28
`(4) The director of public prosecutions may comply with a 29
request under subsection (2) if the director reasonably 30
believes the statement, copy or summary may help the chief 31
executive in making a screening decision about the person. 32
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[s 141]
`(5) However, the director of public prosecutions must not give the 1
chief executive a copy or written summary of evidentiary 2
material about the offence that relates only to a person other 3
than the person about whom the request is made. 4
Example of evidential material for subsection (5)-- 5
a report by an expert about a person other than the person about whom 6
the request is made 7
`(6) The director of public prosecutions must not give information, 8
or a document containing information, to the chief executive 9
under this section if the director is reasonably satisfied that 10
giving the information may do any of the following-- 11
(a) prejudice the investigation of a contravention or possible 12
contravention of the law in a particular case; 13
(b) enable the existence or identity of a confidential source 14
of information, in relation to the enforcement or 15
administration of the law, to be ascertained; 16
(c) endanger a person's life or physical safety; 17
(d) prejudice the effectiveness of a lawful method or 18
procedure for preventing, detecting, investigating or 19
dealing with a contravention or possible contravention 20
of the law; 21
(e) prejudice a prosecution or another matter before a court. 22
`(7) The giving of information, or a document containing 23
information, under this section by the director of public 24
prosecutions is authorised despite any other Act or law, 25
including a law imposing an obligation to maintain 26
confidentiality about the information. 27
Note-- 28
See section 221 for restrictions on disclosing or giving access to 29
information or documents obtained under this part. 30
`(8) Without limiting subsection (7), this section applies despite 31
the Director of Public Prosecutions Act 1984, section 24A. 32
`(9) In this section-- 33
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[s 141]
evidentiary material, about an offence, means material 1
compiled in the course of the investigation or prosecution of 2
the offence, including, for example, the following-- 3
(a) a summary of the circumstances of the alleged offence 4
prepared by a police officer; 5
Examples-- 6
bench charge sheet, QP9 7
(b) a witness statement; 8
(c) an indictment; 9
(d) a record of an interview or a transcript of a record of an 10
interview; 11
(e) a report by an expert about the person alleged to have 12
committed the offence. 13
`114B Obtaining information from chief executive 14
(corrective services) 15
`(1) The chief executive (corrective services) must give the chief 16
executive notice of each person who is or becomes subject to a 17
sexual offender order. 18
`(2) The notice must state the following-- 19
(a) the person's name; 20
(b) that the person is subject to a sexual offender order; 21
(c) any other information the chief executive (corrective 22
services) reasonably considers is necessary for the chief 23
executive to perform a function or exercise a power 24
under this part. 25
`(3) The chief executive (corrective services) and the chief 26
executive may enter into a written arrangement by which 27
notices are given under subsection (1). 28
`(4) Without limiting subsection (3), the arrangement may provide 29
for giving the notices electronically. 30
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[s 141]
`(5) However, if notices under subsection (1) are to be given 1
electronically and, under an Act, there is a limitation on who 2
may access the information mentioned in the notices or the 3
purposes for which that information may be used, the 4
arrangement must provide for the limitation. 5
`(6) The disclosure of information by the chief executive 6
(corrective services) under this section is authorised despite 7
any other Act or law, including a law imposing an obligation 8
to maintain confidentiality about the information. 9
Note-- 10
See section 221 for restrictions on disclosing or giving access to 11
information or documents obtained under this part. 12
`(7) In this section-- 13
chief executive (corrective services) means the chief 14
executive of the department in which the Corrective Services 15
Act 2006 is administered. 16
`Subdivision 4 Obtaining report about person's 17
mental health 18
`114C Application of sdiv 4 19
`(1) This subdivision applies if-- 20
(a) the chief executive is deciding whether or not there is an 21
exceptional case for a person who has been-- 22
(i) charged with or convicted of a serious offence; or 23
(ii) charged with or convicted of an offence (other than 24
a serious offence) relating to or involving a person 25
with a disability; and 26
(b) the chief executive reasonably believes it is necessary to 27
consider a report about the person's mental health 28
prepared under this section for deciding whether or not 29
there is an exceptional case for the person. 30
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[s 141]
`(2) For subsection (1)(b), the chief executive may form the 1
reasonable belief only if-- 2
(a) in relation to the charge or conviction mentioned in 3
subsection (1)(a)-- 4
(i) the matter of the person's mental condition relating 5
to the offence has been or was referred to the 6
Mental Health Court or an entity of another State 7
with similar functions to that court; or 8
(ii) a court has ordered the person to undertake 9
treatment of a psychiatric nature; or 10
(iii) a court has been given a report about the person's 11
mental health prepared by a registered health 12
practitioner; or 13
(b) the chief executive has, under this part, been given a 14
report about the person's mental health prepared by a 15
registered health practitioner. 16
`114D Chief executive may request person to undergo 17
examination by registered health practitioner etc. 18
`(1) The chief executive may, by notice, ask the person-- 19
(a) to undergo an examination by a registered health 20
practitioner nominated by the chief executive, and any 21
further examination required by the health practitioner, 22
so that a report about the person's mental health can be 23
given to the chief executive under this subdivision; and 24
(b) to give the chief executive consent to obtain a report 25
about the person's mental health from the registered 26
health practitioner who conducts the examination. 27
`(2) The notice given under subsection (1) must state the 28
following-- 29
(a) the reasons for the chief executive's request; 30
(b) the name and qualifications of the registered health 31
practitioner nominated by the chief executive to conduct 32
the examination; 33
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Part 7 Amendment of Disability Services Act 2006
[s 141]
(c) when and where the examination is to be conducted; 1
(d) that the registered health practitioner may require the 2
person to undergo further examinations so that a report 3
about the person's mental health can be prepared; 4
(e) that, under section 86(2)(c), the chief executive must 5
have regard to the report about the person's mental 6
health prepared under this subdivision in deciding 7
whether or not there is an exceptional case for the 8
person; 9
(f) that the person may withdraw the person's consent to 10
employment screening under this part or, if the person is 11
an applicant for an eligibility declaration, the person's 12
eligibility application; 13
(g) that, if the person fails to undergo the examination, and 14
any further examination required by the registered 15
health practitioner, or to give the consent mentioned in 16
subsection (1)(b), either-- 17
(i) the person's consent to screening under this part 18
may be withdrawn under section 117(3A), or the 19
person's eligibility application may be withdrawn 20
under section 107L, by the chief executive giving 21
notice of the withdrawal under that section; or 22
(ii) the chief executive may decide whether or not 23
there is an exceptional case for the person in the 24
absence of a report about the person's mental 25
health. 26
`(3) If the person does not comply with the chief executive's 27
request under subsection (1), the chief executive may decide 28
whether or not there is an exceptional case for the person in 29
the absence of a report about the person's mental health. 30
Note-- 31
See also section 107L (in relation to the withdrawal of an eligibility 32
application) and section 117(3A) (in relation to the withdrawal of a 33
prescribed notice application or exemption notice application). 34
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`114E Nominating registered health practitioner to conduct 1
examination 2
`The chief executive may nominate a registered health 3
practitioner to conduct an examination under this subdivision 4
only if the chief executive is reasonably satisfied the health 5
practitioner has the necessary qualifications, expertise or 6
experience to conduct the examination. 7
`114F Registered health practitioner obtaining information 8
from Mental Health Court 9
`(1) This section applies if-- 10
(a) the person (charged person) has been charged with, but 11
not convicted of-- 12
(i) a serious offence; or 13
(ii) an offence (other than a serious offence) relating to 14
or involving a person with a disability; and 15
(b) the matter of the charged person's mental condition 16
relating to the offence has been referred to the Mental 17
Health Court; and 18
(c) the chief executive is reasonably satisfied that it may be 19
necessary or desirable for a registered health practitioner 20
conducting an examination of the charged person under 21
this subdivision to have regard to information mentioned 22
in subsection (2) for preparing a report about the 23
person's mental health. 24
`(2) The chief executive may, by notice, ask the charged person to 25
give the Mental Health Court consent to give the registered 26
health practitioner the following information-- 27
(a) the court's decision in relation to the reference; 28
(b) the court's reasons for its decision; 29
(c) a copy or written summary of any expert's report about 30
the person received in evidence by the court, including, 31
for example, a medical report, psychiatrist's report or 32
expert report that accompanied the reference; 33
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(d) transcripts of any hearing conducted for the reference 1
that the court has directed may be given to a party to the 2
hearing or another person. 3
`(3) The notice must state the following-- 4
(a) the reasons for the chief executive's request; 5
(b) that, if the charged person fails to give the consent, the 6
person's consent to screening under this part may be 7
withdrawn by the chief executive giving the person 8
notice of the withdrawal. 9
`(4) If the charged person gives the consent, the Mental Health 10
Court may give the information mentioned in subsection (2) 11
to the chief executive for giving it to the registered health 12
practitioner. 13
`(5) However, information or documents given under this section 14
must not include-- 15
(a) any record of material given to the court under the 16
Mental Health Act 2000, section 284, or of how the 17
material was taken into account; or 18
(b) the Mental Health Court's reasons for taking material 19
mentioned in paragraph (a) into account or not taking 20
the material into account; or 21
(c) the content of an expert report about a person other than 22
the charged person; or 23
(d) information about a person other than the charged 24
person the Mental Health Court reasonably considers is 25
not relevant to the registered health practitioner 26
preparing a report about the charged person's mental 27
health. 28
`(6) Also, the Mental Health Court must not give information, or a 29
document containing information, under this section if the 30
court is reasonably satisfied that giving the information may 31
do any of the following-- 32
(a) prejudice an investigation or a matter before the Mental 33
Health Court; 34
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(b) prejudice the investigation of a contravention or possible 1
contravention of the law in a particular case; 2
(c) enable the existence or identity of a confidential source 3
of information, in relation to the enforcement or 4
administration of the law, to be ascertained; 5
(d) prejudice the effectiveness of a lawful method or 6
procedure for preventing, detecting, investigating or 7
dealing with a contravention or possible contravention 8
of the law; 9
(e) prejudice a prosecution or another matter before another 10
court; 11
(f) endanger a person's life or physical safety; 12
(g) adversely affect a person's mental health. 13
`(7) If the chief executive is given information under this section to 14
give to the registered health practitioner, the chief executive-- 15
(a) must give the information to the registered health 16
practitioner as soon as possible; and 17
(b) must not use the information for any purpose other than 18
giving it to the registered health practitioner. 19
`(8) The giving of information under this section by the Mental 20
Health Court is authorised despite any other Act or law, 21
including a law imposing an obligation to maintain 22
confidentiality about the information. 23
Note-- 24
See sections 114H and 221 for restrictions on disclosing or giving 25
access to information or documents obtained under this section. 26
`(9) Without limiting subsection (8)-- 27
(a) information may be given under this section even if the 28
information can not be disclosed to the charged person 29
under a confidentiality order under the Mental Health 30
Act 2000, section 426; and 31
(b) this section applies in relation to an expert's report 32
despite the Mental Health Act 2000, section 318. 33
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`(10) A decision of the Mental Health Court not to give an expert 1
report about the charged person under this section does not 2
prevent the chief executive applying under the Mental Health 3
Act 2000, section 318(2) for leave of the court to give the 4
report to the registered health practitioner. 5
`114G Registered health practitioner obtaining information 6
from Mental Health Review Tribunal 7
`(1) This section applies if-- 8
(a) the person (charged person) has been charged with, but 9
not convicted of-- 10
(i) a serious offence; or 11
(ii) an offence (other than a serious offence) relating to 12
or involving a person with a disability; and 13
(b) the Mental Health Review Tribunal has reviewed the 14
person's mental condition under the Mental Health Act 15
2000, chapter 6, part 3 or 4; and 16
(c) the chief executive is reasonably satisfied that it may be 17
necessary or desirable for a registered health practitioner 18
conducting an examination of the charged person under 19
this subdivision to have regard to information mentioned 20
in subsection (2) for preparing a report about the 21
person's mental health. 22
`(2) The chief executive may, by notice, ask the charged person to 23
give the Mental Health Review Tribunal consent to give the 24
registered health practitioner the following information-- 25
(a) the tribunal's decision on the review; 26
(b) the tribunal's reasons for the decision; 27
(c) a copy or written summary of any expert's report about 28
the charged person received by the tribunal in the 29
proceeding for the review, including, for example, a 30
report about an examination of the person by a 31
psychiatrist under the Mental Health Act 2000, section 32
203A; 33
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(d) transcripts of any hearing conducted for the review that 1
the tribunal has directed may be given to a party to the 2
hearing or another person. 3
`(3) The notice must state the following-- 4
(a) the reasons for the chief executive's request; 5
(b) that, if the charged person fails to give the consent, the 6
person's consent to screening under this part may be 7
withdrawn by the chief executive giving the person 8
notice of the withdrawal. 9
`(4) If the person gives the consent, the Mental Health Review 10
Tribunal may give the information mentioned in subsection 11
(2) to the chief executive for giving it to the registered health 12
practitioner. 13
`(5) However, information or documents given under this section 14
must not include-- 15
(a) any record of material given to the Mental Health 16
Review Tribunal under the Mental Health Act 2000, 17
section 464, or of how the material was taken into 18
account; or 19
(b) the Mental Health Review Tribunal's reasons for taking 20
material mentioned in paragraph (a) into account or not 21
taking the material into account; or 22
(c) the content of an expert report about a person other than 23
the charged person; or 24
(d) information about a person other than the charged 25
person the Mental Health Review Tribunal reasonably 26
considers is not relevant to the registered health 27
practitioner preparing a report about the charged 28
person's mental health. 29
`(6) Also, the Mental Health Review Tribunal must not give 30
information, or a document containing information, under this 31
section if the tribunal is reasonably satisfied that giving the 32
information may do any of the following-- 33
(a) prejudice a matter before the tribunal; 34
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(b) prejudice the investigation of a contravention or possible 1
contravention of the law in a particular case; 2
(c) enable the existence or identity of a confidential source 3
of information, in relation to the enforcement or 4
administration of the law, to be ascertained; 5
(d) prejudice the effectiveness of a lawful method or 6
procedure for preventing, detecting, investigating or 7
dealing with a contravention or possible contravention 8
of the law; 9
(e) prejudice a prosecution or another matter before a court; 10
(f) endanger a person's life or physical safety; 11
(g) adversely affect a person's mental health. 12
`(7) If the chief executive is given information under this section to 13
give to the registered health practitioner, the chief executive-- 14
(a) must give the information to the registered health 15
practitioner as soon as possible; and 16
(b) must not use the information for any purpose other than 17
giving it to the registered health practitioner. 18
`(8) The giving of information under this section by the Mental 19
Health Review Tribunal is authorised despite any other Act or 20
law, including a law imposing an obligation to maintain 21
confidentiality about the information. 22
Note-- 23
See sections 114H and 221 for restrictions on disclosing or giving 24
access to information or documents obtained under this section. 25
`(9) Without limiting subsection (8), information may be given 26
under this section even if the information can not be disclosed 27
to the charged person under a confidentiality order under the 28
Mental Health Act 2000, section 458. 29
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`114H Use of information obtained from Mental Health 1
Court or Mental Health Review Tribunal 2
`(1) This section applies if the chief executive gives a registered 3
health practitioner information or a document about a person 4
given to the commissioner-- 5
(a) by the Mental Health Court under section 114F; or 6
(b) by the Mental Health Review Tribunal under section 7
114G. 8
`(2) The registered health practitioner must not-- 9
(a) make a record of the information or information in the 10
document; or 11
(b) disclose the information or information in the document 12
to anyone; or 13
(c) give anyone access to the document; or 14
(d) include any details of the information, or information in 15
the document, in the report about the person's mental 16
health prepared under this subdivision. 17
Maximum penalty--100 penalty units. 18
`114I Chief executive may obtain report about person's 19
mental health from registered health practitioner 20
`(1) This section applies if a person gives the chief executive 21
consent as mentioned in section 114D(1)(b) in relation to an 22
examination of the person conducted under this subdivision. 23
`(2) The chief executive may ask the registered health practitioner 24
who conducts the examination to give a report about the 25
person's mental health to the chief executive, and the 26
registered health practitioner may give the report to the chief 27
executive. 28
`(3) The giving of a report under this section by a registered health 29
practitioner is authorised despite any other Act or law, 30
including a law imposing an obligation to maintain 31
confidentiality about the examination. 32
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Note-- 1
See section 221 for restrictions on disclosing or giving access to 2
information or documents obtained under this part. 3
`114J Chief executive to bear medical costs 4
`(1) The chief executive must bear the medical costs for obtaining 5
a report from a registered health practitioner under this 6
subdivision. 7
`(2) In this section-- 8
medical costs, for obtaining a report from a registered health 9
practitioner under this subdivision, means amounts charged 10
by the health practitioner to-- 11
(a) conduct an examination for preparing the report; or 12
(b) prepare the report. 13
`Subdivision 5 Obtaining other information about 14
person's mental health 15
`114K Chief executive may obtain particular information 16
from Mental Health Court 17
`(1) This section applies if-- 18
(a) the chief executive is deciding whether or not there is an 19
exceptional case for a person (charged person) who has 20
been charged with, but not convicted of-- 21
(i) a serious offence; or 22
(ii) an offence (other than a serious offence) relating to 23
or involving a person with a disability; and 24
(b) the matter of the charged person's mental condition 25
relating to the offence has been referred to the Mental 26
Health Court; and 27
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(c) the chief executive has the charged person's consent to 1
obtain information about the person from the Mental 2
Health Court under this section. 3
`(2) The chief executive may ask the Mental Health Court for the 4
following (requested information)-- 5
(a) the court's decision in relation to the reference; 6
(b) the court's reasons for its decision; 7
(c) a copy or written summary of any expert's report about 8
the charged person received in evidence by the court, 9
including, for example, a medical report, psychiatrist's 10
report or expert report that accompanied the reference; 11
(d) transcripts of any hearing conducted for the reference 12
that the court has directed may be given to a party to the 13
hearing or another person. 14
`(3) The Mental Health Court may comply with the request if the 15
court reasonably considers the requested information may 16
help the chief executive in deciding whether or not there is an 17
exceptional case for the charged person. 18
`(4) However, the information or documents given to the chief 19
executive for complying with the request must not include-- 20
(a) any record of material given to the court under the 21
Mental Health Act 2000, section 284, or of how the 22
material was taken into account; or 23
(b) the Mental Health Court's reasons for taking material 24
mentioned in paragraph (a) into account or not taking 25
the material into account; or 26
(c) information that can not be disclosed to the charged 27
person under a confidentiality order under the Mental 28
Health Act 2000, section 426; or 29
(d) the content of an expert report about a person other than 30
the charged person; or 31
(e) information about a person other than the charged 32
person that the Mental Health Court reasonably 33
considers is not relevant to the chief executive deciding 34
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whether or not there is an exceptional case for the 1
charged person. 2
`(5) Also, the Mental Health Court must not give information, or a 3
document containing information, to the chief executive under 4
this section if the court is reasonably satisfied that giving the 5
information may do any of the following-- 6
(a) prejudice an investigation or a matter before the Mental 7
Health Court; 8
(b) prejudice the investigation of a contravention or possible 9
contravention of the law in a particular case; 10
(c) enable the existence or identity of a confidential source 11
of information, in relation to the enforcement or 12
administration of the law, to be ascertained; 13
(d) prejudice the effectiveness of a lawful method or 14
procedure for preventing, detecting, investigating or 15
dealing with a contravention or possible contravention 16
of the law; 17
(e) prejudice a prosecution or another matter before another 18
court; 19
(f) endanger a person's life or physical safety; 20
(g) adversely affect a person's mental health. 21
`(6) The giving of information under this section by the Mental 22
Health Court is authorised despite any other Act or law, 23
including a law imposing an obligation to maintain 24
confidentiality about the information. 25
Note-- 26
See section 221 for restrictions on disclosing or giving access to 27
information or documents obtained under this part. 28
`(7) Without limiting subsection (6), this section applies in relation 29
to an expert's report despite the Mental Health Act 2000, 30
section 318. 31
`(8) A decision of the Mental Health Court not to give the chief 32
executive an expert report about the charged person under this 33
section does not prevent the chief executive applying under 34
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the Mental Health Act 2000, section 318(2) for leave of the 1
court to give the report to the chief executive. 2
`114L Chief executive may obtain particular information 3
from Mental Health Review Tribunal 4
`(1) This section applies if-- 5
(a) the chief executive is deciding whether or not there is an 6
exceptional case for a person (charged person) who has 7
been charged with, but not convicted of-- 8
(i) a serious offence; or 9
(ii) an offence (other than a serious offence) relating to 10
or involving a person with a disability; and 11
(b) the Mental Health Review Tribunal has reviewed the 12
person's mental condition under the Mental Health Act 13
2000, chapter 6, part 3 or 4; and 14
(c) the chief executive has the charged person's consent to 15
obtain information about the person from the Mental 16
Health Review Tribunal under this section. 17
`(2) The chief executive may ask the Mental Health Review 18
Tribunal for the following (requested information)-- 19
(a) the tribunal's decision on the review; 20
(b) the tribunal's reasons for the decision; 21
(c) a copy or written summary of any expert's report about 22
the charged person received by the tribunal in the 23
proceeding for the review, including, for example, a 24
report about an examination of the person by a 25
psychiatrist under the Mental Health Act 2000, section 26
203A; 27
(d) transcripts of any hearing conducted for the review that 28
the tribunal has directed may be given to a party to the 29
hearing or another person. 30
`(3) The Mental Health Review Tribunal may comply with the 31
request if the tribunal reasonably considers the requested 32
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information may help the chief executive in deciding whether 1
or not there is an exceptional case for the charged person. 2
`(4) However, the information or documents given to the chief 3
executive for complying with the request must not include-- 4
(a) any record of material given to the Mental Health 5
Review Tribunal under the Mental Health Act 2000, 6
section 464, or of how the material was taken into 7
account; or 8
(b) the tribunal's reasons for taking material mentioned in 9
paragraph (a) into account or not taking the material into 10
account; or 11
(c) information that can not be disclosed to the charged 12
person under a confidentiality order under the Mental 13
Health Act 2000, section 458; or 14
(d) the content of an expert report about a person other than 15
the charged person; or 16
(e) information about a person other than the charged 17
person that the Mental Health Review Tribunal 18
reasonably considers is not relevant to the chief 19
executive deciding whether or not there is an 20
exceptional case for the charged person. 21
`(5) Also, the Mental Health Review Tribunal must not give 22
information, or a document containing information, to the 23
chief executive under this section if the tribunal is reasonably 24
satisfied that giving the information may do any of the 25
following-- 26
(a) prejudice a matter before the tribunal; 27
(b) prejudice the investigation of a contravention or possible 28
contravention of the law in a particular case; 29
(c) enable the existence or identity of a confidential source 30
of information, in relation to the enforcement or 31
administration of the law, to be ascertained; 32
(d) prejudice the effectiveness of a lawful method or 33
procedure for preventing, detecting, investigating or 34
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dealing with a contravention or possible contravention 1
of the law; 2
(e) prejudice a prosecution or another matter before a court; 3
(f) endanger a person's life or physical safety; 4
(g) adversely affect a person's mental health. 5
`(6) The giving of information under this section by the Mental 6
Health Review Tribunal is authorised despite any other Act or 7
law, including a law imposing an obligation to maintain 8
confidentiality about the information. 9
Note-- 10
See section 221 for restrictions on disclosing or giving access to 11
information or documents obtained under this part. 12
`Subdivision 6 Obtaining information about 13
changes in police information'. 14
Clause 142 Amendment of s 115 (Notice of change in police 15
information about a person) 16
(1) Section 115(1), from `either' to `to (c)'-- 17
omit, insert-- 18
`any of the following happens (the relevant event), the police 19
commissioner reasonably suspects the person is a person 20
mentioned in section 113A(a) to (h)'. 21
(2) Section 115(1)-- 22
insert-- 23
`(c) the person becomes, or is no longer, a relevant 24
disqualified person; 25
(d) the person is named as the respondent for an application 26
for an offender prohibition order.'. 27
(3) Section 115(5) to (7)-- 28
renumber as section 115(7) to (9). 29
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(4) Section 115(2) to (4)-- 1
omit, insert-- 2
`(2) For a relevant event mentioned in subsection (1)(a) or (b), the 3
police commissioner may notify the chief executive of the 4
following-- 5
(a) that the relevant event has happened; 6
(b) if subsection (1)(a) applies because the person has been 7
charged with or convicted of an offence-- 8
(i) the offence the person has been charged with or 9
convicted of; and 10
(ii) the particulars of the offence; and 11
(iii) the date of the charge or conviction; 12
(c) if subsection (1)(b) applies--a brief description of the 13
investigative information. 14
`(4) A notice given under subsection (2) must state the 15
following-- 16
(a) the person's name and any other name that the police 17
commissioner believes the person may use or may have 18
used; 19
(b) the person's gender and date and place of birth. 20
`(5) The chief executive may confirm the police commissioner's 21
suspicions under subsection (1). 22
`(6) The duty imposed on the police commissioner to provide 23
information to the chief executive under this section applies 24
only to information in the police commissioner's possession 25
or to which the police commissioner has access.'. 26
(5) Section 115-- 27
insert-- 28
`(3) For a relevant event mentioned in subsection (1)(c) or (d), the 29
police commissioner must notify the chief executive of the 30
following-- 31
(a) that the relevant event has happened; 32
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(b) if subsection (1)(c) applies because the person has 1
become a relevant disqualified person--the information 2
mentioned in section 114(6A); 3
(c) if subsection (1)(d) applies--the information mentioned 4
in section 114(6B) in relation to the offender prohibition 5
order.'. 6
(6) Section 115(4) and (7), after `subsection (2)'-- 7
insert-- 8
`or (3)'. 9
(7) Section 115-- 10
insert-- 11
`(10) To remove any doubt, it is declared that, despite the Youth 12
Justice Act 1992, part 9, the police commissioner may 13
disclose information to which that part applies to the chief 14
executive under subsection (2) or (3).'. 15
Clause 143 Insertion of new pt 10, div 7, sdiv 7, hdg 16
After section 115-- 17
insert-- 18
`Subdivision 7 Other miscellaneous provisions'. 19
Clause 144 Amendment of s 116 (Chief executive to give notice to 20
funded non-government service provider about making 21
screening decision about engaged person) 22
(1) Section 116(1)(a), from `the holder' to `person)'-- 23
omit, insert-- 24
`an engaged person'. 25
(2) Section 116(2)-- 26
omit, insert-- 27
`(2) However, this section does not apply to a change in police 28
information if-- 29
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(a) the change is that the engaged person-- 1
(i) has been charged with or convicted of a 2
disqualifying offence; or 3
(ii) has become a relevant disqualified person; or 4
(b) both of the following apply-- 5
(i) the change is that the engaged person has been 6
named as the respondent in an application for an 7
offender prohibition order and the proceeding for 8
the offender prohibition order has not ended; 9
(ii) an application for a prescribed notice or exemption 10
notice about the engaged person has been made 11
under this part and has not been decided.'. 12
(3) Section 116(3) and (4)-- 13
omit, insert-- 14
`(3) If the chief executive considers the change in police 15
information may be relevant to the engagement of the engaged 16
person by a funded non-government service provider, the 17
chief executive must give notice to the service provider stating 18
the following-- 19
(a) the engaged person's name and identifying details; 20
(b) the chief executive has received police information 21
about the engaged person that the chief executive 22
considers relevant to the engagement of the engaged 23
person by the service provider; 24
(c) the chief executive is making a screening decision about 25
the engaged person; 26
(d) a reminder of the risk management requirements under 27
section 82; 28
(e) a funded non-government service provider may not 29
terminate the engagement of the engaged person solely 30
or mainly because the service provider is given a notice 31
under this section; 32
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(f) if the change in police information is a change in 1
criminal history, whether it is a charge or conviction and 2
whether or not the charge or conviction is for a serious 3
offence.'. 4
(4) Section 116(3)-- 5
insert-- 6
`(g) if the change in police information is a conviction for a 7
serious offence-- 8
(i) that under section 91, it is an offence for the 9
funded non-government service provider to 10
engage, or continue to engage, the engaged person 11
at a service outlet of the service provider; and 12
(ii) the effect of section 94.'. 13
(5) Section 116(5)-- 14
renumber as section 116(4). 15
(6) Section 116-- 16
insert-- 17
`(5) In this section-- 18
engaged person means-- 19
(a) the holder of a positive notice, other than a positive 20
notice that is suspended under section 104; or 21
(b) the holder of a positive exemption notice, other than a 22
positive exemption notice that is suspended under 23
section 105A; or 24
(c) a person about whom a prescribed notice application or 25
exemption notice application is made if the application 26
has not been decided or withdrawn.'. 27
Clause 145 Amendment of s 117 (Withdrawal of engaged person's 28
consent to screening) 29
(1) Section 117(1), after `prescribed notice'-- 30
insert-- 31
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`or exemption notice'. 1
(2) Section 117-- 2
insert-- 3
`(3A) Also, the engaged person is taken to have withdrawn his or 4
her consent to screening under this part if-- 5
(a) the chief executive gives the engaged person-- 6
(i) a notice asking the person to provide, within a 7
reasonable stated time, stated information, 8
including by way of a submission, about a stated 9
matter that the chief executive reasonably believes 10
is relevant to the application; or 11
(ii) a notice under section 114D; or 12
(iii) a notice asking the person to give the necessary 13
consent for section 114F or 114G; or 14
(iv) a notice asking the person to give the necessary 15
consent for section 114K or 114L; and 16
(b) the notice includes a warning that, if the engaged person 17
does not comply with the notice, the chief executive 18
may give the person a notice of deemed withdrawal; and 19
(c) the engaged person does not comply with the notice; 20
and 21
(d) the chief executive gives the engaged person and the 22
service provider a notice of deemed withdrawal.'. 23
(3) Section 117(4), `Also'-- 24
omit, insert-- 25
`Further'. 26
(4) Section 117(5), `Further'-- 27
omit, insert-- 28
`In addition'. 29
(5) Section 117(5)(a), `an excluding offence'-- 30
omit, insert-- 31
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`a disqualifying offence, whether the charge was made before, 1
when or after the application was made'. 2
(6) Section 117-- 3
insert-- 4
`(5A) Additionally for an exemption notice application, the engaged 5
person is taken to have withdrawn his or her consent to 6
screening under this part if-- 7
(a) the engaged person gives the chief executive, or the 8
chief executive gives the engaged person, notice that the 9
engaged person's CCYPCG positive notice is suspended 10
under the CCYPCG Act; and 11
(b) the chief executive gives the engaged person and the 12
service provider a notice of deemed withdrawal.'. 13
(7) Section 117(6), after `prescribed notice'-- 14
insert-- 15
`or exemption notice'. 16
Clause 146 Amendment of s 118 (Compliance with requirement to 17
end, or not start, a person's engagement) 18
Section 118(4)-- 19
omit, insert-- 20
`(4) A person whose positive notice is suspended under section 21
104, or whose positive exemption notice is suspended under 22
section 105A, may be engaged by the service provider other 23
than at a service outlet of the service provider until the 24
suspension ends.'. 25
Clause 147 Amendment of s 122 (Disqualification order) 26
(1) Section 122(1)-- 27
omit, insert-- 28
`(1) This section applies if a person is convicted of-- 29
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(a) a disqualifying offence and the court that convicts the 1
person does not impose an imprisonment order for the 2
offence; or 3
(b) another serious offence committed in relation to, or 4
otherwise involving, a person with a disability.'. 5
(2) Section 122(2) from `stating'-- 6
omit, insert-- 7
`stating that-- 8
(a) the person may not hold a positive notice or positive 9
exemption notice, or apply for a prescribed notice or 10
exemption notice, for a stated period; or 11
(b) the person may never hold a positive notice or positive 12
exemption notice or apply for a prescribed notice or 13
exemption notice.'. 14
(3) Section 122(3)-- 15
renumber as section 122(5). 16
(4) Section 122-- 17
insert-- 18
`(3) However, the court may make the disqualification order only 19
if the court considers it would not be in the interests of people 20
with a disability for the chief executive to issue a positive 21
notice or positive exemption notice to the person. 22
`(4) A person against whom the disqualification order is made 23
may appeal against the court's decision under subsection (2) 24
in the same way the person may appeal against the 25
conviction.'. 26
Clause 148 Amendment of s 123 (Register of persons engaged by 27
funded non-government entities) 28
(1) Section 123(1), from `information'-- 29
omit, insert-- 30
`information for the following-- 31
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(a) each person engaged by the department at a service 1
outlet of the department; 2
(b) each person for whom a prescribed notice application or 3
exemption notice application is made.'. 4
(2) Section 123(2)(a) to (f)-- 5
omit, insert-- 6
`(a) the person's name; 7
(b) whether the person is engaged by the department or by a 8
funded non-government service provider and, if the 9
person is engaged by a funded non-government service 10
provider, the service provider's name; 11
(c) whether the person has been issued a positive notice, 12
negative notice, positive exemption notice or negative 13
exemption notice; 14
(d) the date of issue of the prescribed notice or exemption 15
notice; 16
(e) if the person's consent to screening under part 10 is 17
taken to have been withdrawn, the date of the 18
withdrawal; 19
(f) if the person applies for a review of a decision of the 20
chief executive relating to a prescribed notice or 21
exemption notice, the details of the review and its 22
outcome.'. 23
Clause 149 Amendment of s 123ZL (Period for which short term 24
approval has effect) 25
Section 123ZL(2), `3 months'-- 26
omit, insert-- 27
`6 months'. 28
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Clause 150 Amendment of s 123ZZG (Definitions for sdiv 3) 1
Section 123ZZG, definition health professional, paragraphs 2
(a) to (c)-- 3
omit, insert-- 4
`(a) a registered health practitioner; 5
(b) any other person, including, for example, an audiologist, 6
dietitian or social worker.'. 7
Clause 151 Amendment of s 221 (Confidentiality of information about 8
criminal history and related information) 9
(1) Section 221(1)(b), after `under'-- 10
insert-- 11
`previous'. 12
(2) Section 221(2)-- 13
omit, insert-- 14
`(2) This section also applies to a person who-- 15
(a) is, or has been, the chief executive, a public service 16
employee or a selection panel member; and 17
(b) in that capacity acquired information, or gained access 18
to a document, under part 10 about-- 19
(i) another person's police information; or 20
(ii) another person's mental health, including 21
information, or a document, about a proceeding in 22
the Mental Health Court or the Mental Health 23
Review Tribunal.'. 24
(3) Section 221(4)(b)-- 25
omit, insert-- 26
`(b) if subsection (2) applies-- 27
(i) to the chief executive or a public service employee 28
for the purpose of a screening decision; or 29
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(ii) for information or a document about a person 1
engaged or to be engaged by the department--to 2
the chief executive, a public service employee or 3
selection panel member for the purpose of 4
assessing the person's suitability to be, or continue 5
to be, engaged by the department at a service 6
outlet; or'. 7
(4) Section 221(5)-- 8
insert-- 9
`previous part 9 means part 9 of this Act as in force from time 10
to time before the commencement of this definition.'. 11
Clause 152 Amendment of s 248 (Circumstances in which 12
subdivision stops applying) 13
Section 248(2)(a)-- 14
omit, insert-- 15
`(a) for a restrictive practice considered by the tribunal--the 16
tribunal gives, or refuses to give, an approval under the 17
Guardianship and Administration Act 2000, section 80V 18
or 80X authorising the relevant service provider to use 19
the restrictive practice in relation to the adult; or'. 20
Clause 153 Amendment of s 250 (Short term approvals not to be 21
given during transitional period) 22
Section 250-- 23
insert-- 24
`(2) In this section-- 25
transitional period means the period starting on the 26
commencement and ending on the date of assent of the 27
Criminal History Screening Legislation Amendment Act 28
2010.'. 29
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[s 154]
Clause 154 Renumbering of pt 16, div 3 (Transitional provision for 1
Criminal Code and Other Acts Amendment Act 2008) 2
Part 16, division 3, second mention-- 3
renumber as part 16, division 4. 4
Clause 155 Renumbering of s 241 (References in schs 3 and 5 to 5
Criminal Code offence) 6
Section 241, second mention-- 7
renumber as section 251. 8
Clause 156 Insertion of new pt 16, div 5 9
Part 16-- 10
insert-- 11
`Division 5 Transitional provisions for Criminal 12
History Screening Legislation 13
Amendment Act 2010 14
`Subdivision 1 Preliminary 15
`252 Definition for div 5 16
`In this division-- 17
amending Act means the Criminal History Screening 18
Legislation Amendment Act 2010. 19
`Subdivision 2 Transitional provisions relating to 20
previous part 9 21
`253 Definitions for sdiv 2 22
`In this subdivision-- 23
commencement means the commencement of this section. 24
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engaged by the department means engaged by the department 1
as defined under section 63 of the unamended Act. 2
prescribed police information means a report or other 3
information mentioned in section 70(2) of the unamended 4
Act. 5
unamended Act means this Act as in force from time to time 6
before the commencement. 7
`254 Notice about change in criminal history not given at 8
the commencement 9
`(1) This section applies if-- 10
(a) before the commencement, there is a change in the 11
criminal history of a person engaged by the department; 12
and 13
(b) at the commencement, the person has not disclosed the 14
details of the change to the chief executive as required 15
by section 67 of the unamended Act; and 16
(c) the person is engaged by the department at a service 17
outlet of the department. 18
`(2) Section 95A applies in relation to the change in the person's 19
criminal history. 20
Note-- 21
See also the Public Service Act 2008, sections 155B and 257. 22
`255 Request for prescribed police information not 23
complied with at the commencement 24
`(1) This section applies if-- 25
(a) the chief executive has, under section 70 of the 26
unamended Act, asked the police commissioner for 27
prescribed police information about a person; and 28
(b) at the commencement, the police commissioner has not 29
given the prescribed police information to the chief 30
executive. 31
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`(2) Despite section 70(3) of the unamended Act, the police 1
commissioner is no longer required to comply with the chief 2
executive's request. 3
`256 Particular prescribed police information obtained but 4
not used before commencement 5
`(1) This section applies if-- 6
(a) before the commencement, the police commissioner 7
gave the chief executive a person's prescribed police 8
information under section 70 of the unamended Act; and 9
(b) at the commencement, the chief executive has not, in 10
relation to the prescribed police information, made an 11
assessment about the person's suitability for 12
engagement, or continued engagement, by the 13
department under section 72 of the unamended Act. 14
`(2) The chief executive must immediately-- 15
(a) destroy the prescribed police information; and 16
(b) stop making the assessment. 17
Note-- 18
Now see the following for assessing the person's suitability for 19
engagement, or continued engagement, by the department-- 20
(a) if the person is engaged or to be engaged at a service outlet of the 21
department--part 10; 22
(b) if the person is engaged or to be engaged in regulated 23
employment--the CCYPCG Act, chapter 8 and the Public Service 24
Act 2008, chapter 5, part 6, division 3A; 25
(c) in any other case--the Public Service Act 2008, chapter 5, part 6. 26
`257 Notice not given by prosecuting authority at the 27
commencement 28
`(1) This section applies if-- 29
(a) before the commencement, a person engaged by the 30
department is charged with an indictable offence; and 31
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(b) at the commencement, the police commissioner or 1
director of public prosecutions (a prosecuting 2
authority) has not given information about the charge to 3
the chief executive as required by section 71 of the 4
unamended Act. 5
`(2) Despite section 71 of the unamended Act, the prosecuting 6
authority is no longer required to give the information to the 7
chief executive. 8
`258 Use of particular information obtained before 9
commencement 10
`Section 72(2) of the unamended Act continues to apply in 11
relation to information about a person received by the chief 12
executive under part 9 of the unamended Act as if the 13
amending Act had not been enacted. 14
`Subdivision 3 Transitional provisions relating to 15
particular amendments of part 10 16
`259 Explanation of sdiv 3 17
`(1) The amendments of provisions of part 10 of this Act by the 18
amending Act are to commence in 2 stages. 19
`(2) This subdivision provides for particular transitional 20
arrangements for amendments of provisions of part 10 that are 21
to commence in the first of the 2 stages. 22
`260 Definitions for sdiv 3 23
`In this subdivision-- 24
commencement means the commencement of this section. 25
stage 2 commencement date means the day subdivision 4 26
commences. 27
unamended Act means this Act as in force from time to time 28
before the commencement. 29
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`261 New serious offences 1
`(1) The amendment of section 79 by the amending Act does not 2
affect a positive notice that is in force at the commencement. 3
`(2) Without limiting subsection (1), the chief executive may not 4
cancel a person's positive notice on the basis the person would 5
not have been issued a positive notice under this Act because 6
the person was charged with or convicted of a new serious 7
offence before the commencement. 8
`(3) However, subsections (1) and (2) do not prevent the chief 9
executive having regard to a charge or conviction of a person 10
for a new serious offence happening before the 11
commencement in making a decision about the person if-- 12
(a) the decision is being made under this Act after the 13
commencement-- 14
(i) because there has been a change in the person's 15
criminal history; or 16
(ii) because the chief executive has become aware of 17
the charge or conviction (but was not aware of it at 18
the time the positive notice was issued); or 19
(b) the decision relates to a prescribed notice application 20
about the person-- 21
(i) to which section 262 applies; or 22
(ii) made after the commencement. 23
`(4) In this section-- 24
new serious offence means an offence that-- 25
(a) is a serious offence under this Act; but 26
(b) was not a serious offence under section 79 as in force 27
immediately before the commencement. 28
`262 Existing applications for prescribed notice 29
`(1) This section applies if-- 30
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(a) a prescribed notice application has been made about a 1
person; and 2
(b) the application has not been decided or withdrawn at the 3
commencement. 4
`(2) Subject to subsection (3), this Act applies to the application 5
and, if the application complies with the requirements of the 6
unamended Act, the application is not invalid only because it 7
does not comply with this Act as in force immediately after 8
the commencement. 9
`(3) Despite section 89(2), a prescribed notice issued under this 10
section remains current for 2 years after it is issued, unless it 11
is earlier cancelled under part 10, division 6. 12
`263 Currency of existing prescribed notices 13
`(1) A positive notice in force at the commencement remains 14
current for 2 years after it was issued under the unamended 15
Act, unless it is earlier cancelled under part 10, division 6. 16
`(2) Subsection (1) applies despite section 89(2). 17
`264 Continuation if chief executive acting on own initiative 18
`(1) This section applies if-- 19
(a) before the commencement, the chief executive had 20
started on the chief executive's own initiative to exercise 21
a power in relation to a person or a prescribed notice; 22
and 23
(b) the chief executive may, immediately after the 24
commencement, exercise the power under this Act. 25
`(2) The chief executive may continue to exercise the power under 26
this Act in relation to the person or prescribed notice. 27
`265 Replacement of positive notice or positive notice card 28
`(1) This section applies if-- 29
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(a) a person's current positive notice or current positive 1
notice card is lost or stolen 14 days or less before the 2
commencement; and 3
(b) at the commencement, the person has not applied for a 4
replacement notice or card as required under section 106 5
of the unamended Act. 6
`(2) Section 106 of the unamended Act does not apply to the 7
person. 8
`(3) Section 106 as in force after the commencement applies to the 9
person as if the reference to 14 days after the loss or theft were 10
a reference to the later of the following-- 11
(a) 14 days after the loss or theft; 12
(b) 7 days after the commencement. 13
`266 Existing reviews and appeals 14
`(1) This section applies if-- 15
(a) before the commencement, a person-- 16
(i) applied for a review of a decision of the chief 17
executive under section 108 or 113(2)(a) of the 18
unamended Act; or 19
(ii) appealed under the QCAT Act against a decision of 20
the tribunal relating to a review under section 108 21
or 113(2)(a) of the unamended Act; and 22
(b) the review or appeal has not been decided at the 23
commencement. 24
`(2) The entity hearing the review or appeal must apply this Act in 25
relation to the matter the subject of the review or appeal. 26
`(3) Without limiting subsection (2), the entity may exercise a 27
power of the chief executive under part 10 for deciding a 28
review of a decision of the chief executive, or an appeal 29
against a decision of the tribunal, as to whether or not there is 30
an exceptional case for a person. 31
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`267 Police commissioner's decision that information is 1
investigative information 2
`(1) This section applies in relation to an offence (new 3
investigative information offence) that-- 4
(a) is a schedule 6A offence; but 5
(b) was not a serious sexual or violent offence within the 6
meaning of that term under the unamended Act. 7
`(2) Section 109 applies in relation to a positive notice holder's 8
acts or omissions constituting a new investigative information 9
offence even if the acts were committed or omissions were 10
made before the commencement of this section. 11
`(3) In this section-- 12
schedule 6A offence see section 109. 13
`268 References to exemption notices etc. 14
`(1) The purpose of this section is to explain references to any of 15
the following in a provision of this Act as in force 16
immediately after the commencement-- 17
(a) an exemption notice application; 18
(b) an exemption notice; 19
(c) a positive exemption notice or negative exemption 20
notice; 21
(d) a provision of proposed part 10, division 4A. 22
`(2) Proposed part 10, division 4A provides for the making of an 23
exemption notice application and the issue of an exemption 24
notice to a person who holds a CCYPCG positive notice. 25
`(3) An exemption notice issued under proposed part 10, division 26
4A may be a positive exemption notice or negative exemption 27
notice. 28
`(4) Proposed part 10, division 4A is to commence at the stage 2 29
commencement date, which is after the commencement. 30
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`(5) A reference in part 10 to a thing mentioned in subsection 1
(1)(a) to (d) does not have any effect until the stage 2 2
commencement date. 3
`(6) In this section-- 4
proposed part 10, division 4A means part 10, division 4A of 5
this Act to be inserted by the amending Act. 6
`269 References to eligibility declarations etc. 7
`(1) The purpose of this section is to explain references to any of 8
the following in a provision of this Act as in force 9
immediately after the commencement-- 10
(a) an eligibility application; 11
(b) an eligibility declaration; 12
(c) a provision of proposed part 10, division 6B. 13
`(2) Proposed part 10, division 6B provides for the making of an 14
eligibility application and the issue of an eligibility 15
declaration to a person. 16
`(3) Proposed part 10, division 6B is to commence at the stage 2 17
commencement date, which is after the commencement. 18
`(4) A reference in part 10 to a thing mentioned in subsection 19
(1)(a) to (c) does not have any effect until the stage 2 20
commencement date. 21
`(5) In this section-- 22
proposed part 10, division 6B means part 10, division 6B of 23
this Act to be inserted by the amending Act. 24
`Subdivision 4 Transitional provisions relating to 25
other amendments of part 10 26
`270 Explanation of sdiv 4 27
`(1) The amendments of provisions of part 10 of this Act by the 28
amending Act are to commence in 2 stages. 29
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`(2) This subdivision provides for particular transitional 1
arrangements for amendments of provisions of part 10 that are 2
to commence in the second of the 2 stages. 3
`271 Definitions for sdiv 4 4
`In this subdivision-- 5
commencement means the commencement of this section. 6
unamended Act means this Act as in force from time to time 7
before the commencement. 8
`272 Obtaining particular information from police 9
commissioner about particular persons 10
`(1) This section applies in relation to a person if-- 11
(a) the person-- 12
(i) has a current positive notice; or 13
(ii) is the subject of an application for a prescribed 14
notice that has not been decided or withdrawn at 15
the commencement; or 16
(iii) has made an application for the cancellation of the 17
person's negative notice, or the cancellation of the 18
suspension of the person's positive notice, that has 19
not been decided or withdrawn at the 20
commencement; and 21
(b) under section 114, the chief executive requested 22
information from the police commissioner, or access to 23
the police commissioner's records, about the person 24
before the commencement. 25
`(2) If, at the commencement, the police commissioner has 26
complied with the request, the chief executive may ask the 27
police commissioner for information, or access to the police 28
commissioner's records, to enable the chief executive to learn 29
whether there is any new police information about the person. 30
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`(3) Section 114 applies in relation to the chief executive's request 1
under subsection (2) as if it were made under section 114(2) in 2
relation to only new police information. 3
`(4) If, at the commencement, the police commissioner has not 4
complied with the request, section 114 as in force from the 5
commencement applies in relation to the request. 6
`(5) In this section-- 7
new police information means information mentioned in 8
section 114(6A) or (6B). 9
`273 Existing applications for prescribed notice about a 10
disqualified person who is not a relevant disqualified 11
person 12
`(1) This section applies to a prescribed notice application made 13
before the commencement if the application-- 14
(a) has not been decided or withdrawn at the 15
commencement; and 16
(b) relates to a person who is a disqualified person but not a 17
relevant disqualified person. 18
`(2) If, at the time of the application, the person did not hold a 19
positive notice or held a positive notice that was suspended 20
under section 104-- 21
(a) the application is taken to have been withdrawn; and 22
(b) the chief executive must give notice of the withdrawal to 23
the person and the funded non-government service 24
provider who made the application. 25
`(3) If, at the time of the application, the person held a positive 26
notice that was not suspended under section 104-- 27
(a) the person is taken to have been issued with an 28
eligibility declaration other than for section 85(6)(b); 29
and 30
(b) the chief executive must decide the application under 31
this Act. 32
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`(4) Subject to subsection (5), this Act applies to an application 1
mentioned in subsection (3)(b) and, if the application 2
complies with the requirements of the unamended Act, the 3
application is not invalid only because it does not comply with 4
this Act as in force immediately after the commencement. 5
`(5) Despite section 89(2), a prescribed notice issued under 6
subsection (3)(b) in relation to a prescribed notice application 7
made before subdivision 3 commenced remains current for 2 8
years after it is issued, unless it is earlier cancelled under part 9
10, division 6. 10
`274 Existing applications for prescribed notice about a 11
relevant disqualified person 12
`(1) This section applies to a prescribed notice application made 13
before the commencement if the application-- 14
(a) has not been decided or withdrawn at the 15
commencement; and 16
(b) relates to a person who is a relevant disqualified person. 17
`(2) The application is taken to have been withdrawn. 18
`(3) The chief executive must give notice of the withdrawal to the 19
person and the funded non-government service provider who 20
made the application. 21
`275 Other existing applications for prescribed notice 22
`(1) This section applies if-- 23
(a) a prescribed notice application has been made about a 24
person; and 25
(b) the application has not been decided or withdrawn at the 26
commencement; and 27
(c) neither section 273 nor section 274 applies to the 28
application. 29
`(2) Subject to subsection (3), this Act applies to the application 30
and, if the application complies with the requirements of the 31
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unamended Act, the application is not invalid only because it 1
does not comply with this Act as in force immediately after 2
the commencement. 3
`(3) Despite section 89(2), a prescribed notice issued under 4
subsection (2) in relation to a prescribed notice application 5
made before subdivision 3 commenced remains current for 2 6
years after it is issued, unless it is earlier cancelled under part 7
10, division 6. 8
`276 Existing positive notices held by disqualified persons 9
who are not relevant disqualified persons 10
`(1) This section applies in relation to a positive notice issued 11
under section 85(2)(a) before the commencement to a person 12
who is a disqualified person but who is not-- 13
(a) a relevant disqualified person; or 14
(b) a person in relation to whom the chief executive has 15
started, before the commencement, to exercise a power 16
under section 101. 17
`(2) If, at the commencement, the positive notice is not suspended 18
under section 104, the person is taken to have been issued 19
with an eligibility declaration. 20
`(3) If, at the commencement, the positive notice is suspended 21
under section 104, this Act continues to apply in relation to 22
the positive notice. 23
`(4) If, after the commencement, the chief executive is to make a 24
decision about the person under section 85, and it is the first 25
time the chief executive is to make a decision under that 26
section about the person after the commencement, section 27
85(6)(b) does not apply to the chief executive making the 28
decision. 29
`(5) Without limiting subsection (3), the chief executive may have 30
regard to a charge or conviction of a person for a new 31
disqualifying offence happening before the commencement in 32
making a decision about the person or the person's positive 33
notice under this Act. 34
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`(6) In this section-- 1
new disqualifying offence means an offence that-- 2
(a) is a disqualifying offence under this Act; but 3
(b) was not an excluding offence under section 81 as in 4
force immediately before the commencement. 5
`277 Existing positive notices held by relevant disqualified 6
person because of temporary or interim order 7
`(1) This section applies in relation to a positive notice issued 8
under section 85(2) before the commencement (including a 9
positive notice that is suspended under section 104 at the 10
commencement) to a person who is a relevant disqualified 11
person only because the person is subject to either or both of 12
the following-- 13
(a) a temporary offender prohibition order; 14
(b) an interim sexual offender order. 15
`(2) If the positive notice is not suspended under section 104 at the 16
commencement, the chief executive must, by notice given to 17
the person, suspend the person's positive notice. 18
`(3) The notice must state the matters mentioned in section 104(2). 19
`(4) If the positive notice is suspended under section 104 at the 20
commencement, the suspension continues subject to 21
subsection (5). 22
`(5) Sections 104 and 105 apply to the suspended positive notice 23
as if the notice were suspended under section 104(1) as in 24
force immediately after the commencement. 25
`278 Existing positive notices held by other relevant 26
disqualified person 27
`(1) This section applies in relation to a positive notice issued 28
under section 85(2) before the commencement (including a 29
positive notice that is suspended under section 104 at the 30
commencement) to a person who is a relevant disqualified 31
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person other than a relevant disqualified person mentioned in 1
section 277(1). 2
`(2) The positive notice is cancelled. 3
`(3) If the positive notice is suspended under section 104 at the 4
commencement, any application for the cancellation of the 5
suspension under section 105 that has not been decided or 6
withdrawn at the commencement is taken to have been 7
withdrawn. 8
`(4) The chief executive must give notice of the cancellation of the 9
positive notice to-- 10
(a) the person; and 11
(b) the funded non-government service provider who-- 12
(i) is engaging the person at a service outlet of the 13
service provider; or 14
(ii) if the positive notice is suspended under section 15
104 at the commencement--was engaging the 16
person at a service outlet of the service provider 17
immediately before the positive notice was 18
suspended. 19
`(5) A notice mentioned in subsection (4)-- 20
(a) must state that the positive notice is cancelled and the 21
date the positive notice is cancelled; and 22
(b) is taken, for section 91 and 92, to be a notice that a 23
negative notice has been issued to the person on the date 24
the positive notice is cancelled. 25
`279 Existing applications to cancel negative notice by 26
relevant disqualified person 27
`(1) This section applies if-- 28
(a) a person who is a relevant disqualified person has 29
applied to the chief executive to cancel the person's 30
negative notice under section 100 or 101(3); and 31
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Part 7 Amendment of Disability Services Act 2006
[s 156]
(b) the application has not been decided or withdrawn at the 1
commencement. 2
`(2) The application is taken to have been withdrawn. 3
`(3) The chief executive must give notice of the withdrawal to the 4
person. 5
`280 Other existing applications to cancel a negative 6
notice 7
`(1) This section applies if-- 8
(a) a person has applied to the chief executive to cancel the 9
person's negative notice under section 100 or 101(3); 10
and 11
(b) the application has not been decided or withdrawn at the 12
commencement; and 13
(c) section 279 does not apply to the application. 14
`(2) This chief executive must decide the application under this 15
Act. 16
`(3) For subsection (2), an application made under section 101(3) 17
of the unamended Act is taken to have been made under 18
section 100. 19
`281 Continuation if chief executive acting on own initiative 20
`(1) This section applies if-- 21
(a) before the commencement, the chief executive had 22
started on the chief executive's own initiative to exercise 23
a power in relation to a person or a prescribed notice; 24
and 25
(b) the chief executive may, immediately after the 26
commencement, exercise the power under this Act. 27
`(2) The chief executive may continue to exercise the power under 28
this Act in relation to the person or prescribed notice. 29
Page 403
Criminal History Screening Legislation Amendment Bill 2010
Part 7 Amendment of Disability Services Act 2006
[s 156]
`(3) For subsection (1)(b), the chief executive's power under 1
section 103 of the unamended Act is taken to be exercisable, 2
immediately after the commencement, under section 3
101(1)(b)(ii). 4
`282 Application of s 107D and sch 7, definition relevant 5
disqualified person 6
`For section 107D(1)(a) and schedule 7, definition relevant 7
disqualified person, paragraph (a), it is immaterial as to when 8
the offence mentioned in the provision was committed or 9
when the person to whom the provision applies was 10
convicted. 11
Example-- 12
An offence may have been committed, and the person convicted of the 13
offence, before the commencement. 14
`283 Application of s 107E 15
`(1) This section applies in relation to a person who-- 16
(a) is a disqualified person; and 17
(b) at the commencement, is engaged by a funded 18
non-government service provider at a service outlet of 19
the service provider; and 20
(c) is not a person in relation to whom section 273(3) or 21
276(2) applies. 22
`(2) To remove any doubt, it is declared that section 107E(1)(b) 23
applies to the person even if it is not an offence for a funded 24
non-government service provider to engage the person at a 25
service outlet of the service provider. 26
`284 Existing reviews and appeals by disqualified person 27
`(1) This section applies if-- 28
(a) before the commencement, a person-- 29
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Criminal History Screening Legislation Amendment Bill 2010
Part 7 Amendment of Disability Services Act 2006
[s 156]
(i) applied for a review of a decision of the chief 1
executive under section 108 or 113(2)(a) of the 2
unamended Act; or 3
(ii) appealed under the QCAT Act against a decision of 4
the tribunal relating to a review under section 108 5
or 113(2)(a) of the unamended Act; and 6
(b) the review or appeal has not been decided at the 7
commencement; and 8
(c) the person is a disqualified person. 9
`(2) The entity hearing the review or appeal must dismiss the 10
review or appeal. 11
`285 Other existing reviews and appeals 12
`(1) This section applies if-- 13
(a) before the commencement, a person-- 14
(i) applied for a review of a decision of the chief 15
executive under section 108 or 113(2)(a) of the 16
unamended Act; or 17
(ii) appealed under the QCAT Act against a decision of 18
the tribunal relating to a review under section 108 19
or 113(2)(a) of the unamended Act; and 20
(b) the review or appeal has not been decided at the 21
commencement; and 22
(c) the person is not a disqualified person. 23
`(2) The entity hearing the review or appeal must apply this Act in 24
relation to the matter the subject of the review or appeal. 25
`(3) For subsection (2), a review under section 108 of the 26
unamended Act is taken to be a review under section 108A. 27
`(4) Without limiting subsection (2), the entity may exercise a 28
power of the chief executive under part 10 for deciding a 29
review of a decision of the chief executive, or an appeal 30
against a decision of the tribunal, as to whether or not there is 31
an exceptional case for a person. 32
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Criminal History Screening Legislation Amendment Bill 2010
Part 7 Amendment of Disability Services Act 2006
[s 156]
`286 Disqualification orders for acts done or omissions 1
made before commencement 2
`A court may make a disqualification order under section 122 3
in relation to a person convicted of an offence after the 4
commencement arising out of an act done or omission made 5
before the commencement. 6
`287 Continuing engagement of volunteers 7
`(1) This section applies if, immediately before the 8
commencement-- 9
(a) a person was engaged by a funded non-government 10
service provider at a service outlet of the service 11
provider as a volunteer; and 12
(b) the person does not have a current positive notice. 13
`(2) During the transitional period, the funded non-government 14
service provider does not commit an offence against section 15
90D if a prescribed notice application about the person is 16
made. 17
`(3) In this section-- 18
transitional period means the period-- 19
(a) starting at the commencement; and 20
(b) ending 12 months after the commencement. 21
`288 Provision about persons engaged to provide 22
disability services only to children 23
`(1) Sections 273 to 275 apply in relation to a prescribed notice 24
application about a person engaged, or to be engaged, by a 25
funded non-government service provider to provide disability 26
services only to children. 27
`(2) Sections 89 and 276 to 278 apply in relation to a current 28
positive notice held by a person engaged by a funded 29
non-government service provider to provide disability 30
services only to children. 31
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Criminal History Screening Legislation Amendment Bill 2010
Part 7 Amendment of Disability Services Act 2006
[s 156]
`(3) A current positive notice card or current negative notice held 1
by a person engaged by a funded non-government service 2
provider to provide disability services only to children 3
continues subject to section 89. 4
`(4) This section applies despite section 76A. 5
`(5) In this section-- 6
current, for a prescribed notice or positive notice card, means 7
current under section 89 at the commencement. 8
Note-- 9
See the CCYPCG Act, chapter 8 for obligations relating to children 10
disability services. 11
`289 Provision about holders of CCYPCG positive notice 12
`(1) Sections 273 to 275 apply in relation to a prescribed notice 13
application about the holder of a CCYPCG positive notice 14
despite section 82B. 15
`(2) Sections 89 and 276 to 278 apply in relation to a current 16
positive notice held by the holder of a CCYPCG positive 17
notice at the commencement despite section 82B. 18
`(3) A current positive notice card or current negative notice held 19
by the holder of a CCYPCG positive notice at the 20
commencement continues in effect despite section 82B but 21
subject to section 89. 22
`(4) Section 107B applies to a current positive notice or current 23
negative notice held by the holder of a CCYPCG positive 24
notice at the commencement. 25
`(5) A court may make an order under section 122 before the 26
commencement stating that a person who holds a CCYPCG 27
positive notice-- 28
(a) may not hold a positive exemption notice, or apply for 29
an exemption notice, for a stated period; or 30
(b) may never hold a positive exemption notice or apply for 31
an exemption notice. 32
Page 407
Criminal History Screening Legislation Amendment Bill 2010
Part 7 Amendment of Disability Services Act 2006
[s 157]
`Subdivision 5 Other transitional provision 1
`290 References to Youth Justice Act 1992 2
`(1) This section applies to a reference to the Youth Justice Act 3
1992 in a provision of this Act if the provision commences 4
before the JJA short title amendment commences. 5
`(2) Until the JJA short title amendment commences, the reference 6
is taken to be a reference to the Juvenile Justice Act 1992. 7
`(3) In this section-- 8
JJA short title amendment means the Juvenile Justice and 9
Other Acts Amendment Act 2009, section 9.'. 10
Clause 157 Amendment of sch 3 (Current serious offences) 11
(1) Schedule 3, all entries, third column, heading, `Limitation'-- 12
omit, insert-- 13
`Qualification'. 14
(2) Schedule 3, entry for Classification of Publications Act 1991, 15
entry for section 17 of that Act-- 16
omit, insert-- 17
`17(1) Producing only if an offender was or could have
prohibited been liable as mentioned in section
publication 17(1), penalty, paragraph (c)
17(2) Producing only if an offender was or could have
prohibited been liable as mentioned in section
publication 17(2), penalty, paragraph (c)
17(3) and Producing
(4) prohibited
publication'.
(3) Schedule 3, entry for the Criminal Code, entry for section 18
419, third column, `and (ii)'-- 19
omit, insert-- 20
Page 408
Criminal History Screening Legislation Amendment Bill 2010
Part 7 Amendment of Disability Services Act 2006
[s 157]
`or (ii)'. 1
(4) Schedule 3-- 2
insert-- 3
`6 Crimes Act 1914 (Cwlth)
Provision Relevant Qualification relating to the provision of
of Act heading the Act
50BA Sexual intercourse
with child under 16
50BB Inducing child
under 16 to engage
in sexual
intercourse
50BC Sexual conduct
involving child
under 16
50BD Inducing child
under 16 to be
involved in sexual
conduct
50DA Benefiting from
offence against this
Part
50DB Encouraging
offence against this
Part
7 Criminal Code (Cwlth)
Provision Relevant heading Qualification relating to the provision of
of Act the Act
270.6 Sexual servitude only if an offender was or could have
offences been liable as mentioned in section 270.8
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Criminal History Screening Legislation Amendment Bill 2010
Part 7 Amendment of Disability Services Act 2006
[s 157]
270.7 Deceptive only if an offender was or could have
recruiting for been liable as mentioned in section 270.8
sexual services
474.19 Using a carriage
service for child
pornography
material
474.20 Possessing,
controlling,
producing,
supplying or
obtaining child
pornography
material for use
through a carriage
service
474.22 Using a carriage
service for child
abuse material
474.23 Possessing,
controlling,
producing,
supplying or
obtaining child
abuse material for
use through a
carriage service
474.26 Using a carriage
service to procure
persons under 16
years of age
474.27 Using a carriage
service to "groom"
persons under 16
years of age
Page 410
Criminal History Screening Legislation Amendment Bill 2010
Part 7 Amendment of Disability Services Act 2006
[s 158]
8 Customs Act 1901 (Cwlth)
Provision Relevant heading Qualification relating to the provision of the
of Act Act
233BAB Special offence if the offence involved child pornography or
relating to tier 2 child abuse material'.
goods
Clause 158 Replacement of schs 5 and 6 1
Schedules 5 and 6-- 2
omit, insert-- 3
`Schedule 5 Current disqualifying offences 4
section 81 5
1 Classification of Computer Games and Images Act 1995
Provision Relevant heading Qualification relating to the provision of
of Act the Act
23 Demonstration of
an objectionable
computer game
before a minor
26(3) Possession of
objectionable
computer game
27(3) and Making
(4) objectionable
computer game
28 Obtaining minor
for objectionable
computer game
Page 411
Criminal History Screening Legislation Amendment Bill 2010
Part 7 Amendment of Disability Services Act 2006
[s 158]
2 Classification of Films Act 1991
Provision Relevant heading Qualification relating to the provision of
of Act the Act
41(3) Possession of
objectionable film
42(3) and Making
(4) objectionable film
43 Procurement of
minor for
objectionable film
3 Classification of Publications Act 1991
Provision Relevant heading Qualification relating to the provision of
of Act the Act
12 Sale etc. of only if an offender was or could have
prohibited been liable as mentioned in section 12,
publication or child penalty, paragraph (c)
abuse photograph
13 Possession of only if an offender was or could have
prohibited been liable as mentioned in section 13,
publication penalty, paragraph (c)
14 Possession of child
abuse publication
or child abuse
photograph
15 Exhibition or only if an offender was or could have
display of been liable as mentioned in section 15,
prohibited penalty, paragraph (c)
publication or child
abuse photograph
Page 412
Criminal History Screening Legislation Amendment Bill 2010
Part 7 Amendment of Disability Services Act 2006
[s 158]
16 Leaving prohibited only if an offender was or could have
publication or child been liable as mentioned in section 16,
abuse photograph penalty, paragraph (c)
in or on public
place
17(1) Producing only if an offender was or could have
prohibited been liable as mentioned in section
publication 17(1), penalty, paragraph (c)
17(2) Producing only if an offender was or could have
prohibited been liable as mentioned in section
publication 17(2), penalty, paragraph (c)
17(3) and Producing
(4) prohibited
publication
18 Procurement of
minor for RC
publication or child
abuse photograph
20 Leaving prohibited only if an offender was or could have
publication or child been liable as mentioned in section 20,
abuse photograph penalty, paragraph (c)
in or on private
premises
4 Criminal Code
Provision Relevant heading Qualification relating to the provision of
of Act the Act
208 Unlawful sodomy for an offence committed before 1 July
1997, only if committed against a child
or a person with an impairment of the
mind
210 Indecent treatment
of children under
16
Page 413
Criminal History Screening Legislation Amendment Bill 2010
Part 7 Amendment of Disability Services Act 2006
[s 158]
213 Owner etc.
permitting abuse of
children on
premises
215 Carnal knowledge
with or of children
under 16
216 Abuse of persons
with an impairment
of the mind
217 Procuring young
person etc. for
carnal knowledge
218 Procuring sexual if the offence was committed against a
acts by coercion child
etc.
218A Using internet etc.
to procure children
under 16
219 Taking child for
immoral purposes
221 Conspiracy to if the offence was committed against a
defile child
222 Incest if the offence was committed against a
child
228 Obscene only if an offender was or could have
publications and been liable as mentioned in section
exhibitions 228(2) or (3)
228A Involving child in
making child
exploitation
material
Page 414
Criminal History Screening Legislation Amendment Bill 2010
Part 7 Amendment of Disability Services Act 2006
[s 158]
228B Making child
exploitation
material
228C Distributing child
exploitation
material
228D Possessing child
exploitation
material
229B Maintaining a
sexual relationship
with a child
229G Procuring only if an offender was or could have
prostitution been liable as mentioned in section
229G(2)
229H Knowingly only if an offender was or could have
participating in been liable as mentioned in section
provision of 229H(2)
prostitution
229I Persons found in only if an offender was or could have
places reasonably been liable as mentioned in section
suspected of being 229I(2)
used for
prostitution etc.
229L Permitting young
person etc. to be at
place used for
prostitution
300 Unlawful homicide only if the unlawful killing is murder
under section 302 and was committed
against a child
349 Rape if the offence was committed against a
child
Page 415
Criminal History Screening Legislation Amendment Bill 2010
Part 7 Amendment of Disability Services Act 2006
[s 158]
350 Attempt to commit if the offence was committed against a
rape child
351 Assault with intent if the offence was committed against a
to commit rape child
352 Sexual assaults if the offence was committed against a
child
5 Crimes Act 1914 (Cwlth)
Provision Relevant heading Qualification relating to the provision of
of Act the Act
50BA Sexual intercourse
with child under 16
50BB Inducing child
under 16 to engage
in sexual
intercourse
50BC Sexual conduct
involving child
under 16
50BD Inducing child
under 16 to be
involved in sexual
conduct
50DA Benefiting from
offence against this
Part
50DB Encouraging
offence against this
Part
6 Criminal Code (Cwlth)
Page 416
Criminal History Screening Legislation Amendment Bill 2010
Part 7 Amendment of Disability Services Act 2006
[s 158]
Provision Relevant heading Qualification relating to the provision of
of Act the Act
270.6 Sexual servitude only if an offender was or could have
offences been liable as mentioned in section
270.8
270.7 Deceptive only if an offender was or could have
recruiting for been liable as mentioned in section
sexual services 270.8
474.19 Using a carriage
service for child
pornography
material
474.20 Possessing,
controlling,
producing,
supplying or
obtaining child
pornography
material for use
through a carriage
service
474.22 Using a carriage
service for child
abuse material
474.23 Possessing,
controlling,
producing,
supplying or
obtaining child
abuse material for
use through a
carriage service
Page 417
Criminal History Screening Legislation Amendment Bill 2010
Part 7 Amendment of Disability Services Act 2006
[s 158]
474.26 Using a carriage
service to procure
persons under 16
years of age
474.27 Using a carriage
service to "groom"
persons under 16
years of age
7 Customs Act 1901 (Cwlth)
Provision Relevant heading Qualification relating to the provision of
of Act the Act
233BAB Special offence if the offence involved child
relating to tier 2 pornography or child abuse material
goods
`Schedule 6 Repealed or expired 1
disqualifying offences 2
section 81 3
Criminal Code
Provision Relevant heading Qualification relating to the provision of
of Act the Act
212 Defilement of Girls as the provision was in force from time
under Twelve to time before its repeal by the Criminal
Code, Evidence Act and Other Acts
Amendment Act 1989
Page 418
Criminal History Screening Legislation Amendment Bill 2010
Part 7 Amendment of Disability Services Act 2006
[s 159]
214 Attempt to Abuse as the provision was in force from time
Girls under Ten to time before its repeal by the Criminal
Code, Evidence Act and Other Acts
Amendment Act 1989
220 Unlawful Detention as the provision was in force from time
with Intent to to time before its repeal by the Criminal
Defile or in a Code, Evidence Act and Other Acts
Brothel Amendment Act 1989 only if, at the time
of the offence, the person in relation to
whom the offence was committed was a
child
223 Incest by adult as the provision was in force from time
female to time before its repeal by the Criminal
Law Amendment Act 1997 only if, at the
time of the offence, the person in
relation to whom the offence was
committed was a child
344 Aggravated as the provision was in force from 20
assaults December 1946 to 30 June 1997 if--
(a) the circumstance of aggravation
was that the unlawful assault was
an offence of a sexual nature as
defined in the Criminal Law
Amendment Act 1945, section 2A;
and
(b) at the time of the offence, the
person in relation to whom the
offence was committed was a
child'.
Clause 159 Insertion of new sch 6A 1
After schedule 6-- 2
insert-- 3
Page 419
Criminal History Screening Legislation Amendment Bill 2010
Part 7 Amendment of Disability Services Act 2006
[s 159]
`Schedule 6A Offences that may form basis 1
of investigative information 2
section 109 3
1 Classification of Computer Games and Images Act 1995
Provision Relevant heading Qualification relating to the provision of
of Act the Act
23 Demonstration of
an objectionable
computer game
before a minor
28 Obtaining minor
for objectionable
computer game
2 Classification of Films Act 1991
Provision Relevant heading Qualification relating to the provision of
of Act the Act
43 Procurement of
minor for
objectionable film
3 Classification of Publications Act 1991
Provision Relevant heading Qualification relating to the provision of
of Act the Act
18 Procurement of
minor for RC
publication or child
abuse photograph
Page 420
Criminal History Screening Legislation Amendment Bill 2010
Part 7 Amendment of Disability Services Act 2006
[s 159]
4 Criminal Code
Provision Relevant heading Qualification relating to the provision of
of Act the Act
208 Unlawful sodomy for an offence committed before 1 July
1997, only if committed against a child
or a person with an impairment of the
mind
210 Indecent treatment
of children under
16
213 Owner etc.
permitting abuse of
children on
premises
215 Carnal knowledge
with or of children
under 16
216 Abuse of persons
with an impairment
of the mind
217 Procuring young
person etc. for
carnal knowledge
218 Procuring sexual if the offence was committed against a
acts by coercion child or a person with a disability
etc.
219 Taking child for
immoral purposes
221 Conspiracy to if the offence was committed against a
defile child or a person with a disability
222 Incest if the offence was committed against a
child or a person with a disability
Page 421
Criminal History Screening Legislation Amendment Bill 2010
Part 7 Amendment of Disability Services Act 2006
[s 159]
228A Involving child in
making child
exploitation
material
229B Maintaining a
sexual relationship
with a child
229G Procuring only if an offender was or could have
prostitution been liable as mentioned in section
229G(2)
229H Knowingly only if an offender was or could have
participating in been liable as mentioned in section
provision of 229H(2)
prostitution
229L Permitting young
person etc. to be at
place used for
prostitution
300 Unlawful homicide only if the unlawful killing is murder
under section 302 and was committed
against a child or a person with a
disability
349 Rape if the offence was committed against a
child or person with a disability
350 Attempt to commit if the offence was committed against a
rape child or a person with a disability
351 Assault with intent if the offence was committed against a
to commit rape child or a person with a disability
352 Sexual assaults if the offence was committed against a
child or a person with a disability
5 Crimes Act 1914 (Cwlth)
Provision Relevant heading Qualification relating to the provision of
of Act the Act
Page 422
Criminal History Screening Legislation Amendment Bill 2010
Part 7 Amendment of Disability Services Act 2006
[s 160]
50BA Sexual intercourse
with child under 16
50BB Inducing child
under 16 to engage
in sexual
intercourse
50BC Sexual conduct
involving child
under 16
50BD Inducing child
under 16 to be
involved in sexual
conduct
6 Criminal Code (Cwlth)
Provision Relevant heading Qualification relating to the provision of
of Act the Act
270.6 Sexual servitude only if an offender was or could have
offences been liable as mentioned in section
270.8 or if the offence is committed
against a person with a disability
270.7 Deceptive only if an offender was or could have
recruiting for been liable as mentioned in section
sexual services 270.8 or if the offence is committed
against a person with a disability'.
Clause 160 Amendment of sch 7 (Dictionary) 1
(1) Schedule 7, definitions commencement, engaged by the 2
department, engaged person, imprisonment order and 3
screening decision-- 4
omit. 5
(2) Schedule 7-- 6
Page 423
Criminal History Screening Legislation Amendment Bill 2010
Part 7 Amendment of Disability Services Act 2006
[s 160]
insert-- 1
`amending Act, for part 16, division 5, see section 252. 2
CCYPCG Act means the Commission for Children and Young 3
People and Child Guardian Act 2000. 4
CCYPCG positive notice means a positive notice issued under 5
the CCYPCG Act. 6
commencement-- 7
(a) for part 16, division 3--see section 241(1); or 8
(b) for part 16, division 5, subdivision 2--see section 253; 9
or 10
(c) for part 16, division 5, subdivision 3--see section 260; 11
or 12
(d) for part 16, division 5, subdivision 4--see section 271. 13
engaged by the department-- 14
(a) generally--see section 77A; or 15
(b) for part 16, division 5, subdivision 2--see section 253. 16
engaged person, for a prescribed notice application, see 17
section 83(1). 18
exceptional case means exceptional case as mentioned in 19
section 85(4) or (7). 20
imprisonment order-- 21
(a) means either of the following orders-- 22
(i) an order of a court that convicts a person for an 23
offence, if the order includes a penalty that 24
includes imprisonment for the offence, whether 25
wholly or partially suspended; 26
(ii) an intensive correction order under the Penalties 27
and Sentences Act 1992 or an order of another 28
jurisdiction that substantially corresponds to an 29
intensive correction order; but 30
Page 424
Criminal History Screening Legislation Amendment Bill 2010
Part 7 Amendment of Disability Services Act 2006
[s 160]
(b) does not include an order of imprisonment that is 1
imposed as a consequence of a breach of a community 2
service order or probation order within the meaning of 3
the Penalties and Sentences Act 1992. 4
minimum frequency for regulated engagement means-- 5
(a) at least 8 consecutive days; or 6
(b) at least once a week for each week during a period of 4 7
weeks; or 8
(c) at least once a fortnight for each fortnight during a 9
period of 8 weeks; or 10
(d) at least once a month for each month during a period of 11
6 months. 12
prescribed notice application means an application for a 13
prescribed notice under section 83. 14
prescribed police information, for part 16, division 5, 15
subdivision 2, see section 253. 16
registered health practitioner means-- 17
(a) a person registered under any of the following Acts-- 18
· Chiropractors Registration Act 2001 19
· Dental Practitioners Registration Act 2001 20
· Dental Technicians and Dental Prosthetists 21
Registration Act 2001 22
· Medical Practitioners Registration Act 2001 23
· Medical Radiation Technologists Registration Act 24
2001 25
· Occupational Therapists Registration Act 2001 26
· Optometrists Registration Act 2001 27
· Osteopaths Registration Act 2001 28
· Pharmacists Registration Act 2001 29
· Physiotherapists Registration Act 2001 30
· Podiatrists Registration Act 2001 31
Page 425
Criminal History Screening Legislation Amendment Bill 2010
Part 7 Amendment of Disability Services Act 2006
[s 160]
· Psychologists Registration Act 2001 1
· Speech Pathologists Registration Act 2001; or 2
(b) a person enrolled, registered or authorised to practice 3
under the Nursing Act 1992. 4
regulated engagement means-- 5
(a) engagement by the department at a service outlet of the 6
department; or 7
(b) engagement by a funded non-government service 8
provider at a service outlet of the service provider. 9
relevant review and appeal information, for a decision about 10
a person, means the following information-- 11
(a) if the reasons for the decision do not include 12
investigative information--the circumstances in which 13
the person may apply to the tribunal for a review of the 14
decision under part 10, division 7, subdivision 1; 15
(b) if the reasons for the decision include investigative 16
information-- 17
(i) the right of the person to appeal, under section 111, 18
to a Magistrates Court about the police 19
commissioner's decision that the information is 20
investigative information; and 21
(ii) the circumstances in which the person may apply 22
to the tribunal for a review of the decision under 23
section 113; 24
(c) the period within which the person must apply to the 25
tribunal for the review or appeal to a Magistrates Court; 26
(d) how the person may apply for the review to the tribunal 27
or appeal to a Magistrates Court; 28
(e) there is no review or appeal under this Act in relation to 29
the decision other than as mentioned in paragraph (a) or 30
(b). 31
screening decision, in relation to a person, means a decision 32
about-- 33
Page 426
Criminal History Screening Legislation Amendment Bill 2010
Part 7 Amendment of Disability Services Act 2006
[s 160]
(a) whether a positive notice or a negative notice should be 1
issued to the person, including a decision about-- 2
(i) whether a person's positive notice should be 3
cancelled and substituted with a negative notice or 4
negative exemption notice; and 5
(ii) whether a person's negative notice should be 6
cancelled and, if so, whether a positive notice or 7
positive exemption notice should be issued to the 8
person; and 9
(iii) whether a person's negative notice should be 10
cancelled and substituted with a positive notice or 11
positive exemption notice; and 12
(iv) whether a person's suspended positive notice 13
should be cancelled and a further prescribed notice 14
or an exemption notice issued to the person; or 15
(b) whether a positive exemption notice or negative 16
exemption notice should be issued to the person, 17
including a decision about-- 18
(i) whether a person's positive exemption notice 19
should be cancelled and substituted with a negative 20
exemption notice; and 21
(ii) whether a person's negative exemption notice 22
should be cancelled and, if so, whether a positive 23
exemption notice or positive notice should be 24
issued to the person; and 25
(iii) whether a person's negative exemption notice 26
should be cancelled and substituted with a positive 27
exemption notice or positive notice; and 28
(iv) whether a person's suspended positive exemption 29
notice should be cancelled and a further exemption 30
notice or a prescribed notice issued to the person; 31
or 32
(c) whether an eligibility declaration should be issued to the 33
person. 34
Page 427
Criminal History Screening Legislation Amendment Bill 2010
Part 7 Amendment of Disability Services Act 2006
[s 160]
stage 2 commencement date, for part 16, division 5, 1
subdivision 3, see section 260. 2
unamended Act-- 3
(a) for part 16, division 5, subdivision 2--see section 253; 4
or 5
(b) for part 16, division 5, subdivision 3--see section 260; 6
or 7
(c) for part 16, division 5, subdivision 4--see section 271.'. 8
(3) Schedule 7, definition Commissioner for Children and Young 9
People and Child Guardian, from `Commission' to `2000'-- 10
omit, insert-- 11
`CCYPCG Act'. 12
(4) Schedule 7, definitions current, disqualification order, 13
engaged person, excluding offence and serious sexual or 14
violent offence-- 15
omit. 16
(5) Schedule 7-- 17
insert-- 18
`CPOPOA disqualification order means a disqualification 19
order made under the Child Protection (Offender Prohibition 20
Order) Act 2008, section 25. 21
current-- 22
(a) for a prescribed notice--means current under section 23
89; or 24
(b) for an exemption notice--means current under section 25
89F. 26
disqualification order means-- 27
(a) an order under section 122; or 28
(b) a CPOPOA disqualification order. 29
disqualified person see section 107D. 30
disqualifying offence see section 81. 31
Page 428
Criminal History Screening Legislation Amendment Bill 2010
Part 7 Amendment of Disability Services Act 2006
[s 160]
eligibility application see section 107F(2). 1
eligibility declaration see section 107F(1). 2
engaged person-- 3
(a) for a prescribed notice application--see section 83(1); 4
or 5
(b) for an exemption notice application--see section 6
89A(1). 7
exemption notice means a notice issued under section 89C. 8
exemption notice application means an application for an 9
exemption notice under section 89A. 10
final offender prohibition order means a final order under the 11
Child Protection (Offender Prohibition Order) Act 2008. 12
final sexual offender order means a division 3 order under 13
the Dangerous Prisoners (Sexual Offenders) Act 2003. 14
interim sexual offender order means an interim detention 15
order or interim supervision order under the Dangerous 16
Prisoners (Sexual Offenders) Act 2003. 17
issue, for part 10, division 7, subdivision 1, see section 108. 18
negative exemption notice see section 89C(2)(b). 19
offender prohibition order means an offender prohibition 20
order under the Child Protection (Offender Prohibition Order) 21
Act 2008. 22
offender reporting obligations means reporting obligations 23
under the Child Protection (Offender Reporting) Act 2004. 24
part 10 reviewable decision, for part 10, division 7, 25
subdivision 1, see section 108. 26
positive exemption notice see section 89C(2)(a). 27
prescribed period, for part 10, division 7, subdivision 1, see 28
section 108. 29
relevant disqualified person means a person who-- 30
Page 429
Criminal History Screening Legislation Amendment Bill 2010
Part 7 Amendment of Disability Services Act 2006
[s 160]
(a) has been convicted of a disqualifying offence for which 1
an imprisonment order was or is imposed; or 2
(b) is subject to-- 3
(i) offender reporting obligations; or 4
(ii) an offender prohibition order; or 5
(iii) a disqualification order or CPOPOA 6
disqualification order; or 7
(iv) a sexual offender order. 8
relevant disqualified person decision, for part 10, division 7, 9
subdivision 1, see section 108. 10
sexual offender order means a division 3 order, interim 11
detention order or interim supervision order under the 12
Dangerous Prisoners (Sexual Offenders) Act 2003. 13
temporary offender prohibition order means a temporary 14
order under the Child Protection (Offender Prohibition Order) 15
Act 2008.'. 16
(6) Schedule 7, definition exceptional case, `or (7)'-- 17
omit, insert-- 18
`or (11)'. 19
(7) Schedule 7, definition police information-- 20
insert-- 21
`(c) information as to whether the person is or has been-- 22
(i) a relevant disqualified person; or 23
(ii) named as the respondent to an application for an 24
offender prohibition order; or 25
(iii) the subject of an application for a disqualification 26
order or CPOPOA disqualification order.'. 27
Page 430
Criminal History Screening Legislation Amendment Bill 2010
Part 8 Amendment of Education (Accreditation of Non-State Schools) Act 2001
[s 161]
Part 8 Amendment of Education 1
(Accreditation of Non-State 2
Schools) Act 2001 3
Clause 161 Act amended 4
This part amends the Education (Accreditation of Non-State 5
Schools) Act 2001. 6
Clause 162 Amendment of s 15 (Application of Commission for 7
Children and Young People and Child Guardian Act 2000, 8
pt 6) 9
(1) Section 15, heading, `pt 6'-- 10
omit, insert-- 11
`ch 8'. 12
(2) Section 15, `part 6'-- 13
omit, insert-- 14
`chapter 8'. 15
Clause 163 Amendment of s 16 (Procedural requirements for 16
application) 17
Section 16(1)(c)(ii), after `positive notices'-- 18
insert-- 19
`or current positive exemption notices'. 20
Clause 164 Amendment of s 39 (Suitability of governing body) 21
Section 39(3), after `positive notice'-- 22
insert-- 23
`or current positive exemption notice'. 24
Page 431
Criminal History Screening Legislation Amendment Bill 2010
Part 8 Amendment of Education (Accreditation of Non-State Schools) Act 2001
[s 165]
Clause 165 Amendment of s 49 (Application to change attribute of 1
provisional accreditation) 2
Section 49(3), after `positive notices'-- 3
insert-- 4
`or current positive exemption notices'. 5
Clause 166 Amendment of s 140 (Application of Commission for 6
Children and Young People and Child Guardian Act 2000, 7
pt 6) 8
(1) Section 140, heading, `pt 6'-- 9
omit, insert-- 10
`ch 8'. 11
(2) Section 140, `part 6'-- 12
omit, insert-- 13
`chapter 8'. 14
Clause 167 Amendment of s 145 (Suitability of proposed authorised 15
person) 16
Section 145(2), after `positive notice'-- 17
insert-- 18
`or current positive exemption notice'. 19
Clause 168 Amendment of s 146 (Appointment conditions) 20
Section 146(2)-- 21
omit, insert-- 22
`(2) One of the conditions must be that the authorised person 23
notify the board of the authorised person making either of the 24
following applications within 7 days after making the 25
application-- 26
Page 432
Criminal History Screening Legislation Amendment Bill 2010
Part 8 Amendment of Education (Accreditation of Non-State Schools) Act 2001
[s 169]
(a) an application for a prescribed notice under the 1
Commission for Children and Young People and Child 2
Guardian Act 2000, section 211; 3
(b) an application for an exemption notice under the 4
Commission for Children and Young People and Child 5
Guardian Act 2000, section 272.'. 6
Clause 169 Amendment of s 168 (Disclosure of application for 7
prescribed notice under Commission for Children and 8
Young People and Child Guardian Act 2000) 9
(1) Section 168, heading, after `notice'-- 10
insert-- 11
`or exemption notice'. 12
(2) Section 168(1)(b)-- 13
omit, insert-- 14
`(b) a director of the school's governing body-- 15
(i) applies for a prescribed notice under the 16
Commission for Children and Young People and 17
Child Guardian Act 2000, section 211; or 18
(ii) applies for an exemption notice under the 19
Commission for Children and Young People and 20
Child Guardian Act 2000, section 272.'. 21
(3) Section 168(2)(b)-- 22
omit, insert-- 23
`(b) a director of the school's proposed governing body-- 24
(i) applies for a prescribed notice under the 25
Commission for Children and Young People and 26
Child Guardian Act 2000, section 211; or 27
(ii) applies for an exemption notice under the 28
Commission for Children and Young People and 29
Child Guardian Act 2000, section 272.'. 30
Page 433
Criminal History Screening Legislation Amendment Bill 2010
Part 9 Amendment of Education (Queensland College of Teachers) Act 2005
[s 170]
Clause 170 Amendment of s 178 (Definitions for ch 7) 1
Section 178, `this part'-- 2
omit, insert-- 3
`this chapter'. 4
Clause 171 Amendment of sch 3 (Dictionary) 5
(1) Schedule 3, definitions commissioner and positive notice-- 6
omit. 7
(2) Schedule 3-- 8
insert-- 9
`positive exemption notice means a positive exemption notice 10
issued under the Commission for Children and Young People 11
and Child Guardian Act 2000. 12
positive notice means a positive notice issued under the 13
Commission for Children and Young People and Child 14
Guardian Act 2000.'. 15
Part 9 Amendment of Education 16
(Queensland College of 17
Teachers) Act 2005 18
Clause 172 Act amended 19
This part amends the Education (Queensland College of 20
Teachers) Act 2005. 21
Clause 173 Amendment of s 11 (Suitability to teach--criminal history 22
information) 23
(1) Section 11, heading, `criminal history'-- 24
omit, insert-- 25
Page 434
Criminal History Screening Legislation Amendment Bill 2010
Part 9 Amendment of Education (Queensland College of Teachers) Act 2005
[s 174]
`police'. 1
(2) Section 11(1)(a), `the person's criminal history'-- 2
omit, insert-- 3
`police information about the person'. 4
(3) Section 11(1)-- 5
insert-- 6
`(c) information about the person obtained under section 7
15B, 15C or 15D.'. 8
Clause 174 Amendment of s 14 (Application for registration or 9
permission to teach) 10
(1) Section 14(2)(b)(iv), `;'-- 11
omit, insert-- 12
`; and'. 13
(2) Section 14(2)(b)(v)-- 14
omit, insert-- 15
`(c) be accompanied by the following-- 16
(i) for an applicant who is the holder of a positive 17
notice under the Commissioner's Act-- 18
(A) if there is no police information about the 19
applicant--the CCYPCG fee; or 20
(B) if there is police information about the 21
applicant--the criminal history check fee; 22
(ii) for another applicant--the criminal history check 23
fee.'. 24
(3) Section 14(4) and (5), `the person's criminal history'-- 25
omit, insert-- 26
`police information about the person'. 27
(4) Section 14-- 28
Page 435
Criminal History Screening Legislation Amendment Bill 2010
Part 9 Amendment of Education (Queensland College of Teachers) Act 2005
[s 175]
insert-- 1
`(7) Subsection (8) applies if-- 2
(a) the person is the holder of a CCYPCG positive notice; 3
and 4
(b) the application was accompanied by the CCYPCG fee 5
and not the criminal history check fee; and 6
(c) before the application is decided, the college-- 7
(i) is given advice by the children's commissioner 8
under section 15D(2)(c); or 9
(ii) otherwise becomes aware there is police 10
information about the person. 11
`(8) The college may-- 12
(a) by notice ask the person to pay the criminal history 13
check fee; and 14
(b) defer deciding the application until the criminal history 15
check fee is paid. 16
`(9) For subsection (8), it is immaterial whether or not there was 17
police information about the person when the application was 18
made. 19
`(10) In this section-- 20
CCYPCG fee means the fee prescribed under a regulation 21
under the Commissioner's Act for obtaining information from 22
the children's commissioner under section 15D. 23
criminal history check fee means the criminal history check 24
fee prescribed under a regulation.'. 25
Clause 175 Amendment of s 15 (Criminal history check etc.) 26
(1) Section 15, heading-- 27
omit, insert-- 28
`15 Obtaining police information about applicant'. 29
(2) Section 15(1), `about the criminal history of'-- 30
Page 436
Criminal History Screening Legislation Amendment Bill 2010
Part 9 Amendment of Education (Queensland College of Teachers) Act 2005
[s 175]
omit, insert-- 1
`containing details of the police information, if any, existing 2
in relation to'. 3
(3) Section 15(3)-- 4
insert-- 5
`(c) the applicant's address.'. 6
(4) Section 15-- 7
insert-- 8
`(6A) If the commissioner of police gives a written report in 9
response to a request under subsection (1) about a person who 10
is or has been a relevant excluded person, the report must 11
include the following information-- 12
(a) that the person is or has been a relevant excluded 13
person; 14
(b) if the person is or has been subject to an offender 15
prohibition order-- 16
(i) a brief description of the conduct that gave rise to 17
the order; and 18
(ii) the duration and details of the order, including 19
whether it is or was a temporary offender 20
prohibition order or a final offender prohibition 21
order; 22
(c) if the person is or has been subject to a disqualification 23
order or CPOPOA disqualification order--the duration 24
and details of the disqualification order. 25
`(6B) If the commissioner of police gives a written report in 26
response to a request under subsection (1) about a person who 27
is or has been named as the respondent for an application for 28
an offender prohibition order, or the subject of an application 29
for a disqualification order or CPOPOA disqualification order, 30
and the order was not made, the report must include the 31
following information-- 32
Page 437
Criminal History Screening Legislation Amendment Bill 2010
Part 9 Amendment of Education (Queensland College of Teachers) Act 2005
[s 175]
(a) that the person is or has been named as the respondent 1
for an application for an offender prohibition order, or 2
the subject of an application for a disqualification order 3
or CPOPOA disqualification order, and the order was 4
not made; 5
(b) the reasons why the application was made; 6
(c) the reasons why the order was not made; 7
(d) if the application was for an offender prohibition order 8
and the magistrate or court hearing the application 9
decided not to make a CPOPOA disqualification order 10
for the person--the reasons why the CPOPOA 11
disqualification order was not made.'. 12
(5) Section 15(7), `or (2)'-- 13
omit, insert-- 14
`, (2), (6A) or (6B)'. 15
(6) Section 15-- 16
insert-- 17
`(8) To remove any doubt, it is declared that, despite the Youth 18
Justice Act 1992, part 9, the commissioner of police may 19
disclose information to which that part applies to the college 20
for complying with a request under subsection (1) or (2). 21
`(9) This section does not apply if-- 22
(a) the college-- 23
(i) has, under section 15D, been advised that the 24
applicant is the holder of a positive notice under 25
the Commissioner's Act whose positive notice has 26
not been suspended under that Act; and 27
(ii) has not, under section 15D, been advised that the 28
college needs to have regard to the police 29
information about the applicant for deciding 30
whether the applicant is suitable to teach; and 31
(b) having regard to advice given to the college under 32
section 15D and any other information about the 33
Page 438
Criminal History Screening Legislation Amendment Bill 2010
Part 9 Amendment of Education (Queensland College of Teachers) Act 2005
[s 176]
applicant the college is aware of, the college is 1
reasonably satisfied that there is no police information 2
in relation to the applicant.'. 3
Clause 176 Insertion of new ss 15B-15D 4
Before section 16-- 5
insert-- 6
`15B Obtaining information from director of public 7
prosecutions 8
`(1) If the college becomes aware that an applicant for registration 9
or permission to teach has been charged with or convicted of 10
an offence, the college may, by notice, ask the director of 11
public prosecutions for the following-- 12
(a) a written statement briefly describing the circumstances 13
of a charge or conviction for the offence; 14
(b) a copy or written summary of evidentiary material about 15
the offence; 16
(c) if a charge for the offence was not proceeded with--a 17
written summary of the reasons why the charge was not 18
proceeded with. 19
`(2) The college's request may include the following 20
information-- 21
(a) the applicant's name and any other name the college 22
believes the applicant may use or have used; 23
(b) the applicant's gender and date and place of birth. 24
`(3) The director of public prosecutions may comply with a 25
request under subsection (1) if the director reasonably 26
believes the statement, copy or summary may help the college 27
in deciding whether the applicant is suitable to teach. 28
`(4) Without limiting subsection (3), the director of public 29
prosecutions must not give the college a copy or written 30
summary of evidentiary material about the offence that relates 31
only to a person other than the applicant. 32
Page 439
Criminal History Screening Legislation Amendment Bill 2010
Part 9 Amendment of Education (Queensland College of Teachers) Act 2005
[s 176]
`(5) The director of public prosecutions must not give information, 1
or a document containing information, to the college under 2
this section if the director is reasonably satisfied that giving 3
the information may do any of the following-- 4
(a) prejudice the investigation of a contravention or possible 5
contravention of the law in a particular case; 6
(b) enable the existence or identity of a confidential source 7
of information, in relation to the enforcement or 8
administration of the law, to be ascertained; 9
(c) endanger a person's life or physical safety; 10
(d) prejudice the effectiveness of a lawful method or 11
procedure for preventing, detecting, investigating or 12
dealing with a contravention or possible contravention 13
of the law; 14
(e) prejudice a prosecution or another matter before a court. 15
`(6) The giving of information, or a document containing 16
information, under this section by the director of public 17
prosecutions is authorised despite any other Act or law, 18
including a law imposing an obligation to maintain 19
confidentiality about the information. 20
Note-- 21
See section 283 for restrictions on disclosing or giving access to 22
information or documents obtained under this Act. 23
`(7) Without limiting subsection (6), this section applies despite 24
the Director of Public Prosecutions Act 1984, section 24A. 25
`(8) In this section-- 26
evidentiary material, about an offence, means material 27
compiled in the course of the investigation or prosecution of 28
the offence, including, for example, the following-- 29
(a) a summary of the circumstances of the alleged offence 30
prepared by a police officer; 31
Examples-- 32
bench charge sheet, QP9 33
(b) a witness statement; 34
Page 440
Criminal History Screening Legislation Amendment Bill 2010
Part 9 Amendment of Education (Queensland College of Teachers) Act 2005
[s 176]
(c) an indictment; 1
(d) a record of an interview or a transcript of a record of an 2
interview; 3
(e) a report by an expert about the applicant. 4
`15C Obtaining information from chief executive 5
(corrective services) 6
`(1) The chief executive (corrective services) must give the college 7
notice of each person who is or becomes subject to a sexual 8
offender order. 9
`(2) The notice must state the following-- 10
(a) the person's name; 11
(b) that the person is subject to a sexual offender order; 12
(c) any other information the chief executive (corrective 13
services) reasonably considers is necessary for the 14
college to perform a function or exercise a power under 15
this chapter. 16
`(3) The chief executive (corrective services) and the college may 17
enter into a written arrangement by which notices are given 18
under subsection (1). 19
`(4) Without limiting subsection (3), the arrangement may provide 20
for giving the notices electronically. 21
`(5) However, if notices under subsection (1) are to be given 22
electronically and, under an Act, there is a limitation on who 23
may access the information mentioned in the notices or the 24
purposes for which that information may be used, the 25
arrangement must provide for the limitation. 26
`(6) The disclosure of information by the chief executive 27
(corrective services) under this section is authorised despite 28
any other Act or law, including a law imposing an obligation 29
to maintain confidentiality about the information. 30
Note-- 31
See section 283 for restrictions on disclosing or giving access to 32
information or documents obtained under this Act. 33
Page 441
Criminal History Screening Legislation Amendment Bill 2010
Part 9 Amendment of Education (Queensland College of Teachers) Act 2005
[s 176]
`(7) In this section-- 1
chief executive (corrective services) means the chief 2
executive of the department in which the Corrective Services 3
Act 2006 is administered. 4
`15D Obtaining information from children's commissioner 5
`(1) This section applies if an applicant for registration or 6
permission to teach claims to be the holder of a positive notice 7
under the Commissioner's Act. 8
`(2) The college may ask the children's commissioner to advise 9
the college about-- 10
(a) whether or not the applicant is the holder of a positive 11
notice under the Commissioner's Act; and 12
(b) whether or not the applicant's positive notice is 13
suspended under the Commissioner's Act; and 14
(c) if the applicant is the holder of a positive notice under 15
that Act that is not suspended--whether the college may 16
need to have regard to the matters mentioned in section 17
11(1) for deciding whether the applicant is suitable to 18
teach. 19
`(3) For subsection (2), the college's request may include the 20
following information-- 21
(a) the person's name and any other name that the college 22
believes the person may use or may have used; 23
(b) the person's gender and date and place of birth; 24
(c) the person's address; 25
(d) any number or date given by the person about the 26
positive notice the person holds or claims to hold. 27
`(4) The children's commissioner must comply with the request. 28
`(5) However-- 29
(a) the children's commissioner may give advice under 30
subsection (2)(c) only if the commissioner is aware of 31
police information about the person; and 32
Page 442
Criminal History Screening Legislation Amendment Bill 2010
Part 9 Amendment of Education (Queensland College of Teachers) Act 2005
[s 177]
(b) if paragraph (a) applies, the advice must be that the 1
college may need to have regard to the matters 2
mentioned in section 11(1) for deciding whether the 3
applicant is suitable to teach. 4
`(6) If the children's commissioner gives advice under subsection 5
(2)(c) about the applicant, the advice must be accompanied by 6
a notice stating that no adverse inference about the applicant's 7
police information or suitability to teach may be drawn by the 8
fact the advice was given.'. 9
Clause 177 Amendment of 16 (Requirement to advise applicant of 10
criminal history information received) 11
(1) Section 16, heading, `criminal history'-- 12
omit, insert-- 13
`police'. 14
(2) Section 16(1), `section 15(4)'-- 15
omit, insert-- 16
`section 15'. 17
Clause 178 Amendment of s 28 (Application for renewal of full 18
registration or permission to teach) 19
(1) Section 28(2)(c)(iii), from `the criminal'-- 20
omit, insert-- 21
`the fee mentioned in section 14(2)(c).'. 22
(2) Section 28(4) and (5), `criminal history'-- 23
omit, insert-- 24
`police information'. 25
(3) Section 28-- 26
insert-- 27
Page 443
Criminal History Screening Legislation Amendment Bill 2010
Part 9 Amendment of Education (Queensland College of Teachers) Act 2005
[s 179]
`(7) Section 14(7) to (9) applies in relation to the application as if a 1
reference in the section to the application were a reference to 2
an application under this section.'. 3
Clause 179 Amendment of s 37 (Requirements for application for 4
restoration) 5
Section 37(2) and (3), `criminal history'-- 6
omit, insert-- 7
`police information'. 8
Clause 180 Amendment of s 48 (Effect of charge for disqualifying 9
offence pending charge being dealt with) 10
(1) Section 48, heading, from `pending'-- 11
omit, insert-- 12
`, temporary offender prohibition order or interim sexual 13
offender order'. 14
(2) Section 48-- 15
insert-- 16
`(1A) This section also applies if an approved teacher is or becomes 17
a relevant excluded person because the teacher is or becomes 18
subject to a temporary offender prohibition order or interim 19
sexual offender order.'. 20
(3) Section 48(2), after `charge'-- 21
insert-- 22
`or order'. 23
(4) Section 48(1A) and (2)-- 24
renumber as section 48(2) and (3). 25
Page 444
Criminal History Screening Legislation Amendment Bill 2010
Part 9 Amendment of Education (Queensland College of Teachers) Act 2005
[s 181]
Clause 181 Amendment of s 56 (Cancellation if conviction for 1
disqualifying offence and imprisonment or 2
disqualification order imposed) 3
(1) Section 56, heading-- 4
omit, insert-- 5
`56 Cancellation in particular circumstances'. 6
(2) Section 56-- 7
insert-- 8
`(1A) This section also applies if an approved teacher is or becomes 9
a relevant excluded person because the teacher is or becomes 10
subject to-- 11
(a) offender reporting obligations; or 12
(b) a final offender prohibition order; or 13
(c) a CPOPOA disqualification order; or 14
(d) a final sexual offender order.'. 15
(3) Section 56(2), after `conviction'-- 16
insert-- 17
`or that the teacher is or has become a relevant excluded 18
person as mentioned in subsection (2),'. 19
(4) Section 56(4)(c)(ii)-- 20
omit, insert-- 21
`(ii) the conviction or order in relation to which the 22
teacher's registration or permission to teach was 23
cancelled is overturned on appeal.'. 24
(5) Section 56(1A) to (7)-- 25
renumber as section 56(2) to (8). 26
Clause 182 Amendment of s 57 (Effect of appeal on cancellation) 27
(1) Section 57(1)(b)-- 28
insert-- 29
Page 445
Criminal History Screening Legislation Amendment Bill 2010
Part 9 Amendment of Education (Queensland College of Teachers) Act 2005
[s 183]
`(iv) a decision of a court resulting in the teacher being 1
subject to offender reporting obligations; 2
(v) the making of an offender prohibition order, 3
CPOPOA disqualification order or sexual offender 4
order.'. 5
(2) Section 57(3), from `an order' to `(iii)'-- 6
omit, insert-- 7
`, order or decision'. 8
Clause 183 Amendment of s 58 (Disqualification order) 9
(1) Section 58(1)-- 10
omit, insert-- 11
`(1) This section applies if an approved teacher is convicted of-- 12
(a) a disqualifying offence and the court that convicts the 13
teacher does not impose an imprisonment order for the 14
offence; or 15
(b) another serious offence committed in relation to, or 16
otherwise involving, a child.'. 17
(2) Section 58(2) from `stating'-- 18
omit, insert-- 19
`stating that-- 20
(a) the teacher may not be granted, or apply for the grant of, 21
registration or permission to teach for a stated period; or 22
(b) the teacher may never be granted, or apply for the grant 23
of, registration or permission to teach.'. 24
(3) Section 58-- 25
insert-- 26
`(2A) However, the court may make the disqualification order only 27
if the court considers it would not be in the interests of 28
children for the college to register the teacher or grant the 29
teacher permission to teach. 30
Page 446
Criminal History Screening Legislation Amendment Bill 2010
Part 9 Amendment of Education (Queensland College of Teachers) Act 2005
[s 184]
`(2B) A person against whom a disqualification order is made may 1
appeal against the court's decision under subsection (2) in the 2
same way the person may appeal against the conviction.'. 3
(4) Section 58(2A) to (3)-- 4
renumber as section 58(3) to (5). 5
Clause 184 Amendment of s 65 (College's power to obtain criminal 6
history etc. in relation to an approved teacher) 7
(1) Section 65, heading, `criminal history'-- 8
omit, insert-- 9
`police information'. 10
(2) Section 65(1)(a)(i), from `about' to `history'-- 11
omit, insert-- 12
`containing details of the police information, if any, existing 13
in relation to the teacher'. 14
Clause 185 Replacement of s 68 (Changes in criminal history) 15
Section 68-- 16
omit, insert-- 17
`68 Changes in police information 18
`(1) If there is a change in an approved teacher's police 19
information, the teacher must immediately disclose to the 20
college the details of the change. 21
`(2) For an approved teacher in relation to whom police 22
information does not exist, there is taken to be a change in the 23
teacher's police information if the teacher acquires police 24
information.'. 25
Clause 186 Amendment of s 69 (Requirements for disclosure of 26
changes in criminal history) 27
(1) Section 69, heading, `criminal history'-- 28
Page 447
Criminal History Screening Legislation Amendment Bill 2010
Part 9 Amendment of Education (Queensland College of Teachers) Act 2005
[s 186]
omit, insert-- 1
`police information'. 2
(2) Section 69-- 3
insert-- 4
`(3) The information disclosed by the approved teacher about the 5
teacher being or becoming a relevant excluded person must 6
include the following information-- 7
(a) that the teacher is or has been a relevant excluded 8
person; 9
(b) if the teacher is or has been subject to an offender 10
prohibition order-- 11
(i) a brief description of the conduct that gave rise to 12
the order; and 13
(ii) the duration and details of the order, including 14
whether it is or was a temporary offender 15
prohibition order or final offender prohibition 16
order; 17
(c) if the teacher is or has been subject to a disqualification 18
order or CPOPOA disqualification order--the duration 19
and details of the disqualification order. 20
`(4) The information disclosed by the approved teacher about the 21
teacher being named as the respondent for an application for 22
an offender prohibition order that was not made, or becoming 23
the subject of an application for a disqualification order or 24
CPOPOA disqualification order that was not made, must 25
include the following information-- 26
(a) that the teacher is or has been named as the respondent 27
for an application for an offender prohibition order, or 28
the subject of an application for a disqualification order 29
or CPOPOA disqualification order, and the order was 30
not made; 31
(b) the reasons why the application was made; 32
(c) the reasons why the order was not made; 33
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[s 187]
(d) if the application was for an offender prohibition order 1
and the magistrate or court hearing the application 2
decided not to make a CPOPOA disqualification order 3
for the teacher--the reasons why the CPOPOA 4
disqualification order was not made.'. 5
Clause 187 Amendment of s 70 (Failure to disclose changes in 6
criminal history) 7
Section 70, heading, `criminal history'-- 8
omit, insert-- 9
`police information'. 10
Clause 188 Amendment of s 71 (Disclosure of other change in 11
circumstances) 12
Section 71(2), `criminal history'-- 13
omit, insert-- 14
`police information'. 15
Clause 189 Amendment of s 75 (Commissioner of police must notify 16
changes in criminal history) 17
(1) Section 75, heading, `criminal history'-- 18
omit, insert-- 19
`police information'. 20
(2) Section 75(1) to (3)-- 21
omit, insert-- 22
`(1) This section applies if-- 23
(a) police information about a person changes because of 24
any of the following (the relevant event)-- 25
(i) the person's criminal history changes; 26
(ii) the person becomes, or is no longer, a relevant 27
excluded person; 28
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[s 189]
(iii) the person is named as the respondent for an 1
application for an offender prohibition order; 2
(iv) the person becomes subject to an application for a 3
disqualification order or CPOPOA disqualification 4
order; and 5
(b) the commissioner of police reasonably suspects the 6
person-- 7
(i) is an approved teacher; or 8
(ii) was an approved teacher when the act or omission 9
leading to the relevant event happened. 10
`(2) The commissioner of police must notify the college of the 11
relevant event. 12
`(3) The notice must state the following-- 13
(a) the person's personal information; 14
(b) if the person's criminal history has changed-- 15
(i) the offence the person is charged with or convicted 16
of; and 17
(ii) particulars of the offence; and 18
(iii) the date of the charge or conviction; 19
(c) if the person has become a relevant excluded person-- 20
(i) that the person has become a relevant excluded 21
person; and 22
(ii) if the person has become subject to an offender 23
prohibition order-- 24
(A) a brief description of the conduct that gave 25
rise to the order; and 26
(B) the duration and details of the order, 27
including whether it is or was a temporary 28
offender prohibition order or final offender 29
prohibition order; and 30
(iii) if the person has become subject to a 31
disqualification order or CPOPOA disqualification 32
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[s 189]
order--the duration and details of the 1
disqualification order; 2
(d) if the person is named as the respondent for an 3
application for an offender prohibition order, or 4
becomes subject to an application for a disqualification 5
order or CPOPOA disqualification order-- 6
(i) the reasons why the application was made; and 7
(ii) if the magistrate or court hearing the application 8
for the order decides not to make the order--the 9
reasons why the order is not made; and 10
(iii) if the application was for an offender prohibition 11
order and the magistrate or court hearing the 12
application decides not to make a CPOPOA 13
disqualification order for the person--the reasons 14
why the CPOPOA disqualification order is not 15
made.'. 16
(3) Section 75-- 17
insert-- 18
`(4A) The commissioner of police's obligation to comply with this 19
section applies only to information in the possession of the 20
commissioner or to which the commissioner has access.'. 21
(4) Section 75-- 22
insert-- 23
`(7) To remove any doubt, it is declared that, despite the Youth 24
Justice Act 1992, part 9, the commissioner of police may 25
disclose information to which that part applies to the college 26
under subsection (2). 27
`(8) In this section-- 28
personal information, for a person, means the following-- 29
(a) the person's name and address, or any other name the 30
commissioner of police believes that the person may use 31
or may have used; 32
(b) the person's gender and place and date of birth.'. 33
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[s 190]
(5) Section 75(4A) to (8)-- 1
renumber as section 75(5) to (9). 2
Clause 190 Amendment of s 83 (Requirement to hold registration or 3
permission to teach to teach in schools) 4
Section 83, heading, `or permission to teach'-- 5
omit, insert-- 6
`, or permission to teach,'. 7
Clause 191 Amendment of s 92 (Grounds for disciplinary action) 8
(1) Section 92(1)(a) and (b)-- 9
omit, insert-- 10
`(a) the relevant teacher has been convicted of a serious 11
offence, except if either of the following circumstances 12
apply-- 13
(i) the offence is a disqualifying offence and the court 14
that convicts the teacher imposes an imprisonment 15
order or makes a disqualification order; 16
(ii) in relation to the conviction, the teacher becomes a 17
relevant excluded person because the teacher 18
becomes subject to-- 19
(A) offender reporting obligations; or 20
(B) a final offender prohibition order; or 21
(C) a CPOPOA disqualification order; or 22
(D) a final sexual offender order; 23
Note-- 24
See section 56 for action that may be taken against an approved 25
teacher to whom the circumstances mentioned in subparagraph 26
(i) or (ii) apply. 27
(b) the relevant teacher has been convicted of an indictable 28
offence that is not a serious offence, or an offence 29
against this Act, except if, in relation to the conviction, 30
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[s 192]
the teacher becomes a relevant excluded person because 1
the teacher is or becomes subject to-- 2
(i) offender reporting obligations; or 3
(ii) a final offender prohibition order; or 4
(iii) a CPOPOA disqualification order; or 5
(iv) a final sexual offender order; 6
Note-- 7
See section 56 for action that may be taken against an approved 8
teacher who becomes a relevant excluded person as mentioned 9
in this paragraph.'. 10
(2) Section 92(2)(a) to (c)-- 11
omit, insert-- 12
`(a) a relevant teacher whose registration or permission to 13
teach is suspended under section 48 if any of the 14
following applies-- 15
(i) the teacher has been charged with a disqualifying 16
offence and the charge has been dealt with; 17
(ii) the teacher has been charged with a disqualifying 18
offence and the teacher is convicted of an offence 19
other than an indictable offence; 20
(iii) the teacher is or becomes subject to a temporary 21
offender prohibition order or interim sexual 22
offender order; 23
(b) a relevant teacher whose registration or permission to 24
teach is suspended under section 49.'. 25
Clause 192 Amendment of s 97 (Requirement for college to start 26
disciplinary proceedings) 27
Section 97(3), `teacher'-- 28
omit, insert-- 29
`teacher's registration or permission to teach'. 30
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Criminal History Screening Legislation Amendment Bill 2010
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[s 193]
Clause 193 Amendment of s 102 (Disciplinary action by 1
QCAT--approved teachers) 2
Section 102(5)(b), `teacher'-- 3
omit, insert-- 4
`teacher's registration or permission to teach'. 5
Clause 194 Amendment of s 159 (Ending of suspension if ground for 6
disciplinary action not established) 7
Section 159(1)(b), `teacher'-- 8
omit, insert-- 9
`teacher's registration or permission to teach'. 10
Clause 195 Amendment of s 160 (Decision about disciplinary action 11
against approved teacher) 12
Section 160(2)(b), `teacher'-- 13
omit, insert-- 14
`teacher's registration or permission to teach'. 15
Clause 196 Amendment of s 230 (College's functions about 16
registration and permission to teach) 17
Section 230(e), `criminal history'-- 18
omit, insert-- 19
`police information'. 20
Clause 197 Amendment of s 282 (Definition for pt 1) 21
(1) Section 282, definition relevant personal information, 22
paragraphs (a)(iv) to (vi)-- 23
renumber as paragraphs (a)(vii) to (ix). 24
(2) Section 282, definition relevant personal information, 25
paragraph (a)(iii)-- 26
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Part 9 Amendment of Education (Queensland College of Teachers) Act 2005
[s 198]
omit, insert-- 1
`(iii) section 15B; 2
(vi) section 15(4) or 15B as applied by section 29(5), 3
31(3) or 38(1);'. 4
(3) Section 282, definition relevant personal information, 5
paragraph (a)-- 6
insert-- 7
`(iv) section 15C; 8
(v) section 15D;'. 9
(4) Section 282, definition relevant personal information, 10
paragraph (a)(vi), `or 15B'-- 11
omit, insert-- 12
`, 15B, 15C or 15D'. 13
Clause 198 Replacement of s 285 (College may give information 14
about teachers to commissioner for children in particular 15
circumstances) 16
Section 285-- 17
omit, insert-- 18
`285 College may give information about disciplinary 19
action etc. against teachers to children's 20
commissioner in particular circumstances 21
`(1) This section applies if-- 22
(a) either of the following happens-- 23
(i) the college decides to suspend an approved 24
teacher's registration or permission to teach under 25
section 48 or 49; 26
(ii) a disciplinary committee makes a decision about 27
disciplinary proceedings against a relevant teacher; 28
and 29
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Criminal History Screening Legislation Amendment Bill 2010
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[s 198]
(b) the college reasonably believes the decision may be 1
relevant to the functions or powers of the children's 2
commissioner under the Commissioner's Act. 3
`(2) The college may give notice of the decision to the children's 4
commissioner. 5
`(3) A notice under subsection (2) must state the following-- 6
(a) the teacher's name and address; 7
(b) the teacher's date of birth; 8
(c) that disciplinary action has been taken against the 9
person, without stating anything further about the 10
disciplinary action. 11
`(4) Subsection (5) applies if the children's commissioner-- 12
(a) requests further information about disciplinary action 13
mentioned in a notice under subsection (3) about an 14
approved teacher; and 15
(b) notifies the college that the approved teacher is an 16
applicant for, or holder of, a prescribed notice or 17
exemption notice under the Commissioner's Act. 18
`(5) The college must give the children's commissioner a notice 19
stating the following-- 20
(a) for a suspension mentioned in subsection 21
(1)(a)(i)--whether it is a suspension under section 48 or 22
49 and, if it is a suspension under section 49-- 23
(i) when the conduct giving rise to the suspension 24
happened; and 25
(ii) the nature of the conduct that led to the suspension; 26
(b) for a decision mentioned in subsection (1)(a)(ii)-- 27
(i) when the grounds for the disciplinary action arose; 28
and 29
(ii) the nature of grounds for the disciplinary action; 30
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[s 198]
(c) any other information the college considers may be 1
relevant to employment screening under the 2
Commissioner's Act, chapter 8. 3
`(6) If a notice given under subsection (2) or (5) about a 4
suspension mentioned in subsection (1)(a)(i), or a decision 5
mentioned in subsection (1)(a)(ii), relates to a particular child, 6
the notice must not contain information that identifies, or is 7
likely to identify, the child. 8
`(7) If the college gives the children's commissioner information 9
under subsection (5) about a suspension mentioned in 10
subsection (1)(a)(i), or a decision mentioned in subsection 11
(1)(a)(ii), and the suspension or decision is set aside on review 12
or appeal, the college must notify the commissioner of the 13
following-- 14
(a) that the suspension or decision has been set aside; 15
(b) the reasons given by the entity that set the suspension or 16
decision aside for setting it aside. 17
`(8) This section does not limit section 285A. 18
`285A College must give information about the status of a 19
teacher's registration to children's commissioner 20
in particular circumstances 21
`(1) This section applies if-- 22
(a) any of the following happens (each a relevant matter) in 23
relation to a registered teacher-- 24
(i) the teacher's registration ends under section 26(3); 25
(ii) the teacher's provisional registration is cancelled 26
under section 47; 27
(iii) the teacher's full registration is cancelled under 28
section 47 because the teacher did not comply with 29
a returning to teach condition; 30
(iv) the teacher's registration is suspended under 31
section 48 or 49; 32
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[s 198]
(v) the teacher's registration is cancelled under section 1
56, 66(6) or 160(2)(d); 2
(vi) the teacher surrenders the teacher's registration 3
under section 59; and 4
(b) the children's commissioner has notified the college that 5
the registered teacher is an applicant for, or the holder 6
of, an exemption notice under the Commissioner's Act. 7
`(2) The college must give notice of the relevant matter to the 8
children's commissioner. 9
`(3) A notice under subsection (2) must state the following-- 10
(a) the teacher's name and address; 11
(b) the teacher's date of birth; 12
(c) for the end of the teacher's registration as mentioned in 13
subsection (1)(a)(i)--that on a stated date the person's 14
registration ended under this Act; 15
(d) for a cancellation mentioned in subsection (1)(a)(ii), (iii) 16
or (v)-- 17
(i) that the teacher's registration has been cancelled; 18
and 19
(ii) when the conduct giving rise to the cancellation 20
happened; and 21
(iii) the nature of the conduct that led to the 22
cancellation; 23
(e) for a suspension mentioned in subsection (1)(a)(iv)-- 24
(i) that the teacher's registration has been suspended 25
under section 48 or 49; and 26
(ii) when the conduct giving rise to the suspension 27
happened; and 28
(iii) the nature of the conduct that led to the suspension; 29
(f) for a surrender mentioned in subsection (1)(a)(vi)--that 30
on a stated date the person surrendered the person's 31
registration under this Act; 32
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[s 198]
(g) any other information the college considers may be 1
relevant to employment screening under the 2
Commissioner's Act, chapter 8. 3
`(4) However, if a notice about a decision mentioned in subsection 4
(1)(a)(ii) to (v) relates to a particular child, the notice must not 5
contain information that identifies, or is likely to identify, the 6
child. 7
`(5) If, under this section, the college gives the children's 8
commissioner information about a cancellation mentioned in 9
subsection (1)(a)(ii), (iii) or (v), or a suspension mentioned in 10
subsection (1)(a)(iv), and the suspension or cancellation is set 11
aside on review or appeal, the college must notify the 12
commissioner of the following-- 13
(a) that the suspension or cancellation has been set aside; 14
(b) the reasons given by the entity that set the suspension or 15
cancellation aside for setting it aside. 16
`285B College may enter into information sharing 17
agreement with children's commissioner 18
`(1) This section applies only to the extent-- 19
(a) another provision of this Act allows the college to give 20
information to the children's commissioner; or 21
(b) a provision of the Commissioner's Act allows the 22
children's commissioner to give information to the 23
college. 24
`(2) The college and the children's commissioner may enter into a 25
written arrangement by which the information is given or 26
received. 27
`(3) Without limiting subsection (2), the arrangement may provide 28
for the electronic transfer of information. 29
`(4) However, if the information is to be electronically transferred 30
and, under this Act or the Commissioner's Act, there is a 31
limitation on who may access the information or the purposes 32
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Part 9 Amendment of Education (Queensland College of Teachers) Act 2005
[s 199]
for which the information may be used, the arrangement must 1
provide for the limitation.'. 2
Clause 199 Amendment of ch 12, pt 9, hdg 3
Chapter 12, part 9, heading, `provisions'-- 4
omit, insert-- 5
`provision'. 6
Clause 200 Insertion of new ch 12, pt 11 7
Chapter 12-- 8
insert-- 9
`Part 11 Transitional provisions for 10
Criminal History Screening 11
Legislation Act 2010 12
`Division 1 Transitional provision about giving 13
information under section 285 14
`332 Giving particular information to children's 15
commissioner 16
`(1) This section applies if-- 17
(a) before the commencement-- 18
(i) the college decided to suspend an approved 19
teacher's registration or permission to teach under 20
section 49; or 21
(ii) the disciplinary committee made a decision about 22
disciplinary proceedings against a relevant teacher; 23
and 24
(b) at the commencement, the college has neither given nor 25
decided not to give the children's commissioner notice 26
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Criminal History Screening Legislation Amendment Bill 2010
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[s 200]
of the decision as provided under section 285 of this Act 1
as in force before the commencement. 2
`(2) Section 285 as in force after the commencement applies in 3
relation to the decision. 4
`(3) In this section-- 5
commencement means the day this section commences. 6
`Division 2 Other transitional provisions 7
`333 Definition div 2 8
`In this division -- 9
commencement means the commencement of this division. 10
`334 Existing applications by new excluded persons 11
`(1) This section applies if-- 12
(a) a person has applied to the college for-- 13
(i) full or provisional registration or permission to 14
teach; or 15
(ii) the renewal of full registration or permission to 16
teach; or 17
(iii) the restoration of the person's full registration that 18
has ended; and 19
(b) the application has not been decided or withdrawn at the 20
commencement; and 21
(c) the person is a new excluded person. 22
`(2) The application is taken to be withdrawn. 23
`(3) The college must give notice of the withdrawal to the person. 24
`(4) In this section-- 25
new excluded person means a person who is an excluded 26
person immediately after the commencement but was not an 27
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Part 9 Amendment of Education (Queensland College of Teachers) Act 2005
[s 200]
excluded person under this Act as in force immediately before 1
the commencement. 2
`335 Other existing applications 3
`(1) This section applies if-- 4
(a) a person has applied to the college for-- 5
(i) full or provisional registration or permission to 6
teach; or 7
(ii) the renewal of full registration or permission to 8
teach; or 9
(iii) the restoration of the person's full registration that 10
has ended; and 11
(b) the application has not been decided or withdrawn at the 12
commencement; and 13
(c) section 334 does not apply to the application. 14
`(2) This Act applies to the application and, if the application 15
complies with the requirements of the unamended Act, the 16
application is not invalid only because it does not comply with 17
this Act as in force immediately after the commencement. 18
`(3) In this section-- 19
unamended Act means this Act as in force immediately 20
before the commencement. 21
`336 Obtaining particular information from commissioner 22
of police about particular persons 23
`(1) This section applies in relation to a person if-- 24
(a) the person has applied to the college for-- 25
(i) full or provisional registration or permission to 26
teach; or 27
(ii) the renewal of full registration or permission to 28
teach; or 29
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[s 200]
(iii) the restoration of the person's full registration that 1
has ended; and 2
(b) the application has not been decided or withdrawn at the 3
commencement; and 4
(c) in relation to the application, the college requested 5
information from the commissioner of police about the 6
applicant under section 15 before the commencement. 7
`(2) This section also applies in relation to a person if-- 8
(a) the person is an approved teacher; and 9
(b) the college requested information about the approved 10
teacher under section 65 before the commencement. 11
`(3) If, at the commencement, the commissioner of police has 12
complied with the request, the college may ask the 13
commissioner of police for a written report containing details 14
of any non-criminal history police information about the 15
person. 16
`(4) Section 15(3) to (7) applies in relation to the college's request 17
under subsection (3) as if it were made under section 15 in 18
relation to only non-criminal history police information. 19
`(5) If, at the commencement, the commissioner of police has not 20
complied with the request, section 15(3) to (7) as in force 21
from the commencement applies in relation to the request as if 22
it were made under section 15 in relation to only non-criminal 23
history police information. 24
`(6) In this section-- 25
non-criminal history police information, of a person, means 26
police information about the person other than the person's 27
criminal history. 28
`337 Disqualification orders for acts done or omissions 29
made before commencement 30
`A court may make a disqualification order under section 58 in 31
relation to a person convicted of an offence after the 32
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[s 201]
commencement arising out of an act done or omission made 1
before the commencement. 2
`338 Disclosure of changes in police information 3
`(1) To remove any doubt, it is declared that-- 4
(a) section 68 only requires a person to disclose to the 5
college a change in the person's non-criminal history 6
police information if the change happened after the 7
commencement; and 8
(b) section 75 only requires the commissioner of police to 9
disclose to the college a change in a person's 10
non-criminal history police information if the change 11
happened after the commencement. 12
`(2) In this section-- 13
non-criminal history police information, of a person, means 14
police information about the person other than the person's 15
criminal history. 16
`339 References to Youth Justice Act 1992 17
`(1) This section applies to a reference to the Youth Justice Act 18
1992 in a provision of this Act if the provision commences 19
before the JJA short title amendment commences. 20
`(2) Until the JJA short title amendment commences, the reference 21
is taken to be a reference to the Juvenile Justice Act 1992. 22
`(3) In this section-- 23
JJA short title amendment means the Juvenile Justice and 24
Other Acts Amendment Act 2009, section 9.'. 25
Clause 201 Amendment of sch 3 (Dictionary) 26
(1) Schedule 3, definitions commencement and imprisonment 27
order-- 28
omit. 29
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Part 9 Amendment of Education (Queensland College of Teachers) Act 2005
[s 201]
(2) Schedule 3-- 1
insert-- 2
`children's commissioner means the Commissioner for 3
Children and Young People and Child Guardian under the 4
Commissioner's Act. 5
commencement-- 6
(a) for chapter 12, parts 1 to 7--see section 299; or 7
(b) for chapter 12, part 11, division 2--see section 333. 8
Commissioner's Act means the Commission for Children and 9
Young People and Child Guardian Act 2000. 10
CPOPOA disqualification order means a disqualification 11
order made under the Child Protection (Offender Prohibition 12
Order) Act 2008, section 25. 13
final offender prohibition order means a final order under the 14
Child Protection (Offender Prohibition Order) Act 2008. 15
final sexual offender order means a division 3 order under 16
the Dangerous Prisoners (Sexual Offenders) Act 2003. 17
imprisonment order-- 18
(a) means either of the following orders-- 19
(i) an order of a court that convicts a person for an 20
offence, if the order includes a penalty that 21
includes imprisonment for the offence, whether 22
wholly or partially suspended; 23
(ii) an intensive correction order under the Penalties 24
and Sentences Act 1992 or an order of another 25
jurisdiction that substantially corresponds to an 26
intensive correction order; but 27
(b) does not include an order of imprisonment that is 28
imposed as a consequence of a breach of a community 29
service order or probation order within the meaning of 30
the Penalties and Sentences Act 1992. 31
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[s 201]
interim sexual offender order means an interim detention 1
order or interim supervision order under the Dangerous 2
Prisoners (Sexual Offenders) Act 2003. 3
offender prohibition order means an offender prohibition 4
order under the Child Protection (Offender Prohibition Order) 5
Act 2008. 6
offender reporting obligations means reporting obligations 7
under the Child Protection (Offender Reporting) Act 2004. 8
police information, about a person, means the following-- 9
(a) the person's criminal history; 10
(b) information as to whether the person is or has been-- 11
(i) a relevant excluded person; or 12
(ii) named as the respondent to an application for an 13
offender prohibition order; or 14
(iii) the subject of an application for a disqualification 15
order or CPOPOA disqualification order. 16
relevant excluded person means a person who is subject to-- 17
(a) offender reporting obligations; or 18
(b) an offender prohibition order; or 19
(c) a disqualification order; or 20
(d) a CPOPOA disqualification order; or 21
(e) a sexual offender order. 22
sexual offender order means a division 3 order, interim 23
detention order or interim supervision order under the 24
Dangerous Prisoners (Sexual Offenders) Act 2003. 25
temporary offender prohibition order means a temporary 26
order under the Child Protection (Offender Prohibition Order) 27
Act 2008.'. 28
(3) Schedule 3, definitions commencement, existing register, 29
former board, former by-law, former office, new board and 30
repealed Act, after `chapter 12,'-- 31
Page 466
Criminal History Screening Legislation Amendment Bill 2010
Part 10 Amendment of Evidence Act 1977
[s 202]
insert-- 1
`parts 1 to 7,'. 2
(4) Schedule 3, definition disqualifying offence-- 3
omit, insert-- 4
`disqualifying offence means a disqualifying offence within 5
the meaning of the Commissioner's Act, section 120B as in 6
force immediately before the day this definition commences.'. 7
(5) Schedule 3, definition disqualifying offence-- 8
omit, insert-- 9
`disqualifying offence see the Commissioner's Act, section 10
168.'. 11
(6) Schedule 3, definition excluded person, paragraph (a)-- 12
omit, insert-- 13
`(a) who is a relevant excluded person, other than a person 14
mentioned in section 57(3); or'. 15
(7) Schedule 3, definition serious offence, `section 99C'-- 16
omit, insert-- 17
`section 167'. 18
Part 10 Amendment of Evidence Act 19
1977 20
Clause 202 Act amended 21
This part amends the Evidence Act 1977. 22
Clause 203 Amendment of s 93AA (Unauthorised possession of, or 23
dealing in, s 93A criminal statements) 24
(1) Section 93AA(2), `only'-- 25
Page 467
Criminal History Screening Legislation Amendment Bill 2010
Part 10 Amendment of Evidence Act 1977
[s 203]
omit. 1
(2) Section 93AA-- 2
insert-- 3
`(2A) Also, the commissioner of the police service or the director of 4
public prosecutions has authority for subsection (1) if the 5
commissioner or director has the possession or does the thing 6
mentioned in the subsection for the purpose of-- 7
(a) preparing a transcript of a section 93A criminal 8
statement so that it can be given to the CCYPCG 9
commissioner as mentioned in paragraph (b); or 10
(b) giving, under the CCYPCG Act, a section 93A 11
transcript, or a summary of a section 93A transcript, to 12
the CCYPCG commissioner. 13
`(2B) A person does not commit an offence against subsection 14
(1)(a) by possessing a section 93A transcript, or a summary of 15
a section 93A transcript, if the transcript or summary-- 16
(a) was, under the CCYPCG Act, given to the CCYPCG 17
commissioner by the commissioner of the police service 18
or the director of public prosecutions; and 19
(b) is in the person's possession, at the relevant time, for the 20
purpose of making a CCYPCG employment-screening 21
decision. 22
`(2C) A person does not commit an offence against subsection 23
(1)(b) if the person supplies, or offers to supply, to a relevant 24
CCYPCG applicant a written summary of a section 93A 25
transcript that is in the person's possession under subsection 26
(2B). 27
`(2D) A person does not commit an offence against subsection 28
(1)(c) if-- 29
(a) the person copies, or permits a person to copy, a section 30
93A transcript, or a summary of a section 93A 31
transcript, that is in the person's possession under 32
subsection (2B); and 33
Page 468
Criminal History Screening Legislation Amendment Bill 2010
Part 11 Amendment of Family Services Act 1987
[s 204]
(b) the copying is done for the purpose of making a 1
CCYPCG employment-screening decision.'. 2
(3) Section 93AA(3)-- 3
insert-- 4
`CCYPCG Act means the Commissioner for Children and 5
Young People and Child Guardian 2000. 6
CCYPCG commissioner means the Commissioner for 7
Children and Young People and Child Guardian. 8
CCYPCG employment-screening decision means an 9
employment-screening decision under the CCYPCG Act. 10
relevant CCYPCG applicant, for a section 93A transcript, 11
means a person-- 12
(a) who allegedly committed the alleged offence to which 13
the transcript relates; and 14
(b) about whom the CCYPCG commissioner has made or is 15
about to make a CCYPCG employment-screening 16
decision. 17
section 93A transcript means a transcript of a section 93A 18
criminal statement.'. 19
Part 11 Amendment of Family Services 20
Act 1987 21
Clause 204 Act amended 22
This part amends the Family Services Act 1987. 23
Clause 205 Amendment of s 2 (Definitions) 24
(1) Section 2, definitions conviction, criminal history, engaged by 25
the department, sentence and serious offence-- 26
omit. 27
Page 469
Criminal History Screening Legislation Amendment Bill 2010
Part 11 Amendment of Family Services Act 1987
[s 206]
(2) Section 2-- 1
insert-- 2
`commencement, for part 6, division 3, see section 35. 3
engaged by the department, for part 6, division 3, see section 4
35. 5
police commissioner, for part 6, division 3, see section 35. 6
police information, for part 6, division 3, see section 35. 7
unamended Act, for part 6, division 3, see section 35.'. 8
Clause 206 Amendment of s 10 (Chief executive may develop or carry 9
out programs) 10
Section 10(1), `provisions'-- 11
omit, insert-- 12
`provision'. 13
Clause 207 Omission of pt 4 (Criminal histories of persons engaged 14
by the department) 15
Part 4-- 16
omit. 17
Clause 208 Insertion of new s 28A 18
After section 28-- 19
insert-- 20
`28A Confidentiality of information obtained under 21
previous pt 4 22
`(1) This section applies to a person who-- 23
(a) is, or has been, a public service employee in the 24
department or a selection panel member; and 25
(b) in that capacity acquired information, or gained access 26
to a document, under previous part 4 about someone 27
Page 470
Criminal History Screening Legislation Amendment Bill 2010
Part 11 Amendment of Family Services Act 1987
[s 208]
else's criminal history or about an investigation relating 1
to the possible commission of a serious offence by 2
someone else. 3
`(2) The person must not disclose the information, or give access 4
to the document, to anyone else. 5
Maximum penalty--100 penalty units or 2 years 6
imprisonment. 7
`(3) Subsection (2) does not apply to the disclosure of information, 8
or giving of access to a document, about a person-- 9
(a) to a public service employee in the department, or a 10
selection panel member, for the purpose of assessing the 11
person's suitability to be, or continue to be, engaged by 12
the department; or 13
(b) with the person's consent; or 14
(c) if the disclosure or giving of access is otherwise 15
required under an Act. 16
`(4) In this section-- 17
commencement means the commencement of this section. 18
conviction includes a finding of guilt by a court, or the 19
acceptance of a plea of guilty by a court, whether or not a 20
conviction is recorded. 21
criminal history, of a person, means-- 22
(a) every conviction of the person for an offence, in 23
Queensland or elsewhere; and 24
(b) every charge made against the person for an offence, in 25
Queensland or elsewhere. 26
engaged by the department means engaged by the department 27
within the meaning of section 14(2) of this Act as in force 28
from time to time before the commencement. 29
previous part 4 means part 4 of this Act as in force from time 30
to time before the commencement. 31
Page 471
Criminal History Screening Legislation Amendment Bill 2010
Part 11 Amendment of Family Services Act 1987
[s 209]
selection panel member means a member of a panel formed 1
to make a recommendation to the chief executive about a 2
person's engagement by the department. 3
serious offence means serious offence as defined under 4
section 2 of this Act as in force from time to time before the 5
commencement.'. 6
Clause 209 Insertion of new pt 6, div 1, hdg 7
Part 6, before section 33-- 8
insert-- 9
`Division 1 Transitional provision for repeal of 10
Family and Youth Services Act 11
1987'. 12
Clause 210 Insertion of new pt 6, div 2, hdg 13
Part 6, after section 33-- 14
insert-- 15
`Division 2 Transitional provision for Criminal 16
Code and Other Acts Amendment 17
Act 2008'. 18
Clause 211 Insertion of new pt 6, div 3 19
Part 6-- 20
insert-- 21
`Division 3 Transitional provisions for Criminal 22
History Screening Legislation 23
Amendment Act 2010 24
`35 Definitions for div 3 25
`In this division-- 26
Page 472
Criminal History Screening Legislation Amendment Bill 2010
Part 11 Amendment of Family Services Act 1987
[s 211]
commencement means the commencement of this section. 1
engaged by the department means engaged by the department 2
within the meaning of section 14 of the unamended Act. 3
police commissioner means the commissioner of the police 4
service. 5
police information means a report or other information 6
mentioned in section 22(2) of the unamended Act. 7
unamended Act means this Act as in force from time to time 8
before the commencement. 9
`36 Notice about change in criminal history not given at 10
the commencement 11
`(1) This section applies if-- 12
(a) before the commencement, there is a change in the 13
criminal history of a person engaged by the department; 14
and 15
(b) at the commencement, the person has not disclosed the 16
details of the change to the chief executive as required 17
by section 19 of the unamended Act. 18
`(2) Despite section 19 of the unamended Act, the person is no 19
longer required to give the details to the chief executive under 20
this Act. 21
Note-- 22
See, however, the Public Service Act 2008, sections 155B and 257. 23
`37 Request for police information not complied with at 24
the commencement 25
`(1) This section applies if-- 26
(a) the chief executive has, under section 22 of the 27
unamended Act, asked the police commissioner for 28
police information about a person; and 29
(b) at the commencement, the police commissioner has not 30
given the police information to the chief executive. 31
Page 473
Criminal History Screening Legislation Amendment Bill 2010
Part 11 Amendment of Family Services Act 1987
[s 211]
`(2) Despite section 22(3) of the unamended Act, the police 1
commissioner is no longer required to comply with the chief 2
executive's request. 3
`38 Particular police information obtained before 4
commencement 5
`(1) This section applies if-- 6
(a) before the commencement, the police commissioner 7
gave the chief executive a person's police information 8
under section 22 of the unamended Act; and 9
(b) at the commencement, the chief executive has not, in 10
relation to the police information, made an assessment 11
about the person's suitability for engagement, or 12
continued engagement, by the department under section 13
24 of the unamended Act. 14
`(2) The chief executive must immediately-- 15
(a) destroy the police information; and 16
(b) stop making the assessment. 17
Note-- 18
Now see the following for assessing the person's suitability for 19
engagement, or continued engagement, by the department-- 20
(a) the Public Service Act 2008, chapter 5, part 6; 21
(b) the Commission for Children and Young People and Child 22
Guardian Act 2000, chapter 8. 23
`39 Notice not given by prosecuting authority at the 24
commencement 25
`(1) This section applies if-- 26
(a) before the commencement, a person engaged by the 27
department is charged with an indictable offence; and 28
(b) at the commencement, the police commissioner or 29
director of public prosecutions has not given 30
Page 474
Criminal History Screening Legislation Amendment Bill 2010
Part 12 Amendment of Guardianship and Administration Act 2000
[s 212]
information about the charge to the chief executive as 1
required by section 23 of the unamended Act. 2
`(2) Despite section 23 of the unamended Act, the police 3
commissioner or director of public prosecutions is no longer 4
required to give the information to the chief executive. 5
`40 Use of particular information obtained before 6
commencement 7
`Section 24(2) of the unamended Act continues to apply in 8
relation to information about a person received by the chief 9
executive under part 4 of the unamended Act as if the 10
Criminal History Screening Legislation Amendment Act 2010 11
had not been enacted.'. 12
Clause 212 Omission of schedule (Other serious offence provisions 13
of the criminal code) 14
Schedule-- 15
omit. 16
Part 12 Amendment of Guardianship 17
and Administration Act 2000 18
Clause 213 Act amended 19
This part amends the Guardianship and Administration Act 20
2000. 21
Clause 214 Amendment of s 80ZH (When adult guardian may give 22
short term approval for use of containment or seclusion) 23
Section 80ZH(4), `3 months'-- 24
omit, insert-- 25
Page 475
Criminal History Screening Legislation Amendment Bill 2010
Part 13 Amendment of Health Practitioners (Professional Standards) Act 1999
[s 215]
`6 months'. 1
Clause 215 Amendment of s 266 (Short term approvals not to be 2
given during transitional period) 3
(1) Section 266, `within the meaning of section 265'-- 4
omit. 5
(2) Section 266-- 6
insert-- 7
`(2) In this section-- 8
`transitional period means the period starting on 1 July 2008 9
and ending on the date of assent of the Criminal History 10
Screening Legislation Amendment Act 2010.'. 11
Part 13 Amendment of Health 12
Practitioners (Professional 13
Standards) Act 1999 14
Clause 216 Act amended 15
This part amends the Health Practitioners (Professional 16
Standards) Act 1999. 17
Clause 217 Amendment of s 384A (Board may notify Commissioner 18
for Children and Young People and Child Guardian about 19
particular information) 20
(1) Section 384A, heading, `may'-- 21
omit, insert-- 22
`must'. 23
(2) Section 384A(3), from `part 6' to `may give'-- 24
omit, insert-- 25
Page 476
Criminal History Screening Legislation Amendment Bill 2010
Part 13 Amendment of Health Practitioners (Professional Standards) Act 1999
[s 217]
`chapter 8 of the commissioner's Act, the board must give'. 1
(3) Section 384A(7)-- 2
renumber as section 384A(9). 3
(4) Section 384A(4) to (6)-- 4
omit, insert-- 5
`(4) A notice under subsection (3) must state the following-- 6
(a) the person's name and address; 7
(b) the person's date and place of birth; 8
(c) that the disciplinary action, immediate suspension or 9
section 311 action has been taken against the person, 10
without stating anything further about the disciplinary 11
action, immediate suspension or section 311 action. 12
`(5) Subsection (6) applies if the children's commissioner-- 13
(a) requests further information about the disciplinary 14
action, immediate suspension or section 311 action; and 15
(b) notifies the board that the person is an applicant for, or 16
holder of, a prescribed notice or exemption notice under 17
the commissioner's Act. 18
`(6) The board must give the children's commissioner a written 19
notice stating the following-- 20
(a) for a notice about disciplinary action--the form of 21
disciplinary action taken; 22
(b) when the conduct happened that constituted a ground 23
for the disciplinary action, immediate suspension or 24
section 311 action; 25
(c) the nature of the conduct that constituted a ground for 26
the disciplinary action, immediate suspension or section 27
311 action; 28
(d) any other information about the disciplinary action, 29
immediate suspension or section 311 action the board 30
considers may be relevant to employment screening 31
under the commissioner's Act, chapter 8, including, for 32
Page 477
Criminal History Screening Legislation Amendment Bill 2010
Part 13 Amendment of Health Practitioners (Professional Standards) Act 1999
[s 218]
example, details about the nature of the disciplinary 1
action, immediate suspension or section 311 action. 2
`(7) If a written notice is given under subsection (3) or (6) about a 3
disciplinary matter, ground for the immediate suspension or 4
section 311 action relating to a particular child, the notice 5
must not contain information that identifies, or is likely to 6
identify, the child. 7
`(8) If the board gives the children's commissioner information 8
under subsection (6) about disciplinary action, immediate 9
suspension or section 311 action, and the action or suspension 10
is set aside on review or appeal, the board must notify the 11
commissioner of the following-- 12
(a) that the action or suspension has been set aside; 13
(b) the reasons given by the entity that set the action or 14
suspension aside for setting it aside.'. 15
Clause 218 Insertion of new pt 13, div 5 16
Part 13-- 17
insert-- 18
`Division 5 Transitional provision for Criminal 19
History Screening Legislation 20
Amendment Act 2010 21
`405L Giving particular information to Commissioner for 22
Children and Young People and Child Guardian 23
`(1) This section applies if-- 24
(a) before the commencement-- 25
(i) a disciplinary body took disciplinary action against 26
a person as mentioned in section 384A(1)(b) 27
(disciplinary action); or 28
(ii) the board decided to suspend a person's 29
registration as mentioned in section 384A(2)(a) 30
(immediate suspension), or to suspend, cancel, or 31
Page 478
Criminal History Screening Legislation Amendment Bill 2010
Part 14 Amendment of Nursing Act 1992
[s 219]
impose a condition on a person's registration under 1
section 311 (section 311 action) as mentioned in 2
section 384A(2)(b); and 3
(b) at the commencement, the board has neither given nor 4
decided not to give the children's commissioner written 5
notice about the disciplinary action, immediate 6
suspension or section 311 action as provided under 7
previous section 384A. 8
`(2) Section 384A as in force immediately after the 9
commencement applies in relation to the disciplinary action, 10
immediate suspension or section 311 action. 11
`(3) In this section-- 12
commencement means the commencement of this section. 13
previous section 384A means section 384A as in force from 14
time to time before the commencement.'. 15
Part 14 Amendment of Nursing Act 16
1992 17
Clause 219 Act amended 18
This part amends the Nursing Act 1992. 19
Clause 220 Amendment of s 139A (Executive officer or council may 20
notify Commissioner for Children and Young People and 21
Child Guardian about particular information) 22
(1) Section 139A, heading, `may'-- 23
omit, insert-- 24
`must'. 25
(2) Section 139A(1)(b), `(immediate suspension)'-- 26
omit. 27
Page 479
Criminal History Screening Legislation Amendment Bill 2010
Part 14 Amendment of Nursing Act 1992
[s 220]
(3) Section 139A(1)(c), `(also immediate suspension)'-- 1
omit. 2
(4) Section 139A(6)-- 3
renumber as section 139A(8). 4
(5) Section 139A(2) to (5)-- 5
omit, insert-- 6
`(2) If the council or executive officer reasonably believes the 7
action mentioned in subsection (1) (the action) may be 8
relevant to the children's commissioner's functions or powers 9
under chapter 8 of the commissioner's Act, the council or 10
executive officer must give written notice about the action to 11
the children's commissioner. 12
`(3) A notice under subsection (2) must state the following-- 13
(a) the relevant person's name and address; 14
(b) the relevant person's date and place of birth; 15
(c) that the action has been taken against the person, 16
without stating anything further about the action. 17
`(4) Subsection (5) applies if the children's commissioner-- 18
(a) requests further information about the action; and 19
(b) notifies the council or executive officer that the person is 20
an applicant for, or holder of, a prescribed notice or 21
exemption notice under the commissioner's Act. 22
`(5) The council or executive officer must give the children's 23
commissioner a written notice stating the following-- 24
(a) for a notice about action taken under section 117--the 25
form of action taken; 26
(b) when the matter that was the reason for the action 27
happened; 28
(c) the nature of the matter mentioned in paragraph (b); 29
(d) any other information about the action the council or 30
executive officer considers may be relevant to 31
Page 480
Criminal History Screening Legislation Amendment Bill 2010
Part 14 Amendment of Nursing Act 1992
[s 221]
employment screening under the commissioner's Act, 1
chapter 8, including, for example, details about the 2
nature of the action. 3
`(6) If a notice is given under subsection (2) or (5) about action 4
and the matter that was the reason for taking the action relates 5
to a particular child, the notice must not contain information 6
that identifies, or is likely to identify, the child. 7
`(7) If the council or executive officer gives the children's 8
commissioner information under subsection (5) about action, 9
and the action is set aside on review or appeal, the council or 10
executive officer must notify the commissioner of the 11
following-- 12
(a) that the action has been set aside; 13
(b) the reasons given by the entity that set the action aside 14
for setting it aside.'. 15
Clause 221 Insertion of new pt 9, div 7 16
Part 9-- 17
insert-- 18
`Division 7 Transitional provision for Criminal 19
History Screening Legislation 20
Amendment Act 2010 21
`160 Giving particular information to children's 22
commissioner 23
`(1) This section applies if-- 24
(a) before the commencement, the council or executive 25
officer took action of a kind mentioned in section 26
139A(1)(a) to (e) (the disciplinary action); and 27
(b) at the commencement, the council or executive officer 28
has neither given nor decided not to give the children's 29
commissioner written notice about the disciplinary 30
action as provided under previous section 139A. 31
Page 481
Criminal History Screening Legislation Amendment Bill 2010
Part 15 Amendment of Police Powers and Responsibilities Act 2000
[s 222]
`(2) Section 139A as in force immediately after the 1
commencement applies in relation to the disciplinary action. 2
`(3) In this section-- 3
commencement means the commencement of this section. 4
previous section 139A means section 139A as in force from 5
time to time before the commencement.'. 6
Part 15 Amendment of Police Powers 7
and Responsibilities Act 2000 8
Clause 222 Act amended 9
This part amends the Police Powers and Responsibilities Act 10
2000. 11
Clause 223 Amendment of s 789A (Power to demand production of 12
CCYPCG document) 13
(1) Section 789A(8), definition CCYPCG document-- 14
insert-- 15
`(c) a positive exemption notice within the meaning of the 16
CCYPCG Act.'. 17
(2) Section 789A(8), definition disqualifying offence-- 18
omit, insert-- 19
`disqualifying offence means a disqualifying offence within 20
the meaning of the CCYPCG Act.'. 21
Page 482
Criminal History Screening Legislation Amendment Bill 2010
Part 16 Amendment of Public Service Act 2008
[s 224]
Part 16 Amendment of Public Service 1
Act 2008 2
Clause 224 Act amended 3
This part amends the Public Service Act 2008. 4
Clause 225 Amendment of s 150 (Definitions for pt 6) 5
(1) Section 150, definitions CCYPCG disqualification order, 6
CPOPOA disqualification order, disqualification order, 7
investigative information, offender prohibition order, police 8
information, police information report, relevant disqualified 9
person, serious offence and temporary offender prohibition 10
order-- 11
omit. 12
(2) Section 150-- 13
insert-- 14
`CCYPCG Act means the Commission for Children and 15
Young People and Child Guardian Act 2000. 16
CCYPCG commissioner means the Commissioner for 17
Children and Young People and Child Guardian under the 18
CCYPCG Act. 19
positive exemption notice means a positive exemption notice 20
under the CCYPCG Act. 21
positive prescribed notice means a positive notice under the 22
CCYPCG Act. 23
regulated employment see the CCYPCG Act, section 156.'. 24
Clause 226 Insertion of new ch 5, pt 6, div 2, sdiv 1, hdg 25
Chapter 5, part 6, division 2, before section 151-- 26
insert-- 27
`Subdivision 1 General'. 28
Page 483
Criminal History Screening Legislation Amendment Bill 2010
Part 16 Amendment of Public Service Act 2008
[s 227]
Clause 227 Amendment of s 151 (Application of div 2) 1
Section 151(1)(b)-- 2
omit, insert-- 3
`(b) the particular duties are not likely to involve-- 4
(i) regulated employment; or 5
(ii) child-related duties. 6
Note-- 7
See-- 8
(a) the CCYPCG Act, chapter 8, and division 3A, for assessing the 9
suitability of persons to be engaged in duties that are regulated 10
employment; and 11
(b) divisions 3 and 3A for assessing the suitability of persons to be 12
engaged in child-related duties.'. 13
Clause 228 Insertion of new ch 5, pt 6, div 2, sdiv 2 14
Chapter 5, part 6, division 2-- 15
insert-- 16
`Subdivision 2 Changes in criminal history of 17
persons engaged by department of 18
communities 19
`155A Definitions for sdiv 2 20
`In this subdivision-- 21
approved form means a form approved by the commission 22
chief executive for use under section 155B. 23
chief executive (communities) means the chief executive of 24
the department of communities. 25
department of communities means the department in which 26
the following Acts are administered-- 27
(a) the Community Services Act 2007; 28
Page 484
Criminal History Screening Legislation Amendment Bill 2010
Part 16 Amendment of Public Service Act 2008
[s 228]
(b) the Disability Services Act 2006; 1
(c) the Family Services Act 1987. 2
`155B Engaged person to disclose change in criminal 3
history 4
`(1) This section applies if there is a change in the criminal history 5
of a person engaged by the department of communities to 6
perform relevant duties. 7
`(2) The person must immediately disclose the details of the 8
change to the chief executive (communities). 9
`(3) The disclosure under subsection (2) must be in the approved 10
form. 11
`(4) Information disclosed in the approved form by the person 12
about a conviction or charge for an offence in the person's 13
criminal history must include-- 14
(a) the existence of the conviction or charge; and 15
(b) when the offence was committed or alleged to have been 16
committed; and 17
(c) the details of the offence or alleged offence; and 18
(d) for a conviction--whether or not a conviction was 19
recorded and the sentence imposed on the person. 20
`(5) For a person who does not have a criminal history, there is 21
taken to be a change in the person's criminal history if the 22
person acquires a criminal history. 23
`155C Failing to make disclosure or making false, 24
misleading or incomplete disclosure 25
`(1) A person must not-- 26
(a) fail to give the chief executive (communities) a 27
disclosure as required under section 155B, unless the 28
person has a reasonable excuse; or 29
Page 485
Criminal History Screening Legislation Amendment Bill 2010
Part 16 Amendment of Public Service Act 2008
[s 228]
(b) give the chief executive (communities) an approved 1
form under section 155B that is false, misleading or 2
incomplete in a material particular. 3
Maximum penalty--100 penalty units or 2 years 4
imprisonment. 5
`(2) Subsection (1)(b) does not apply to a person in relation to 6
particular information that the person is unable to provide if 7
the person-- 8
(a) indicates in the approved form the information that the 9
person is unable to provide; and 10
(b) otherwise gives the information in the approved form to 11
the best of the person's ability. 12
`(3) It is enough for a complaint for an offence against subsection 13
(1)(b) to state that the disclosure was `false or misleading' to 14
the person's knowledge, without specifying which. 15
`155D Chief executive (communities) may obtain report 16
from police commissioner 17
`(1) This section applies to a person who is engaged by the 18
department of communities. 19
`(2) The chief executive (communities) may ask the police 20
commissioner to give the chief executive a written report 21
about the person's criminal history. 22
`(3) The police commissioner must comply with the request. 23
`155E Use of information obtained under this subdivision 24
`(1) This section applies to the chief executive (communities) in 25
considering information about a person received under this 26
subdivision. 27
`(2) The information must not be used for any purpose other than 28
assessing the person's suitability to continue to be engaged by 29
the department of communities to perform relevant duties. 30
Page 486
Criminal History Screening Legislation Amendment Bill 2010
Part 16 Amendment of Public Service Act 2008
[s 228]
`(3) When making the assessment, the chief executive 1
(communities) must have regard to the following matters 2
relating to information about the commission, or alleged or 3
possible commission, of an offence by the person-- 4
(a) when the offence was committed, is alleged to have 5
been committed or may possibly have been committed; 6
(b) the nature of the offence and its relevance to the person's 7
proposed duties or duties under the engagement; 8
(c) anything else the chief executive considers relevant to 9
the assessment of the person. 10
`155F Person to be advised of information obtained 11
from police commissioner 12
`(1) This section applies to information obtained by the chief 13
executive (communities) about a person under section 155D 14
from the police commissioner. 15
`(2) Before using the information to assess the person's suitability 16
to continue to be engaged by the department, the chief 17
executive (communities) must-- 18
(a) disclose the information to the person; and 19
(b) allow the person a reasonable opportunity to make 20
representations to the chief executive about the 21
information. 22
`155G Guidelines for dealing with information obtained 23
under this subdivision 24
`(1) The chief executive (communities) must make guidelines, 25
consistent with this Act, for dealing with information obtained 26
by the chief executive under this subdivision. 27
`(2) The purpose of the guidelines is to ensure-- 28
(a) natural justice is afforded to the persons about whom the 29
information is obtained; and 30
Page 487
Criminal History Screening Legislation Amendment Bill 2010
Part 16 Amendment of Public Service Act 2008
[s 229]
(b) only relevant information is used in assessing the 1
persons' suitability to continue to be engaged by the 2
department of communities; and 3
(c) decisions about the suitability of persons, based on the 4
information, are made consistently. 5
`(3) The chief executive (communities) must give a copy of the 6
guidelines, on request, to a person engaged by the department 7
of communities.'. 8
Clause 229 Amendment of s 156 (Application of div 3) 9
(1) Section 156(1)-- 10
omit, insert-- 11
`(1) This division applies to duties to be performed in a 12
department if, under a part 6 directive, the department's chief 13
executive decides-- 14
(a) the duties-- 15
(i) are to be performed at a place at which services are 16
provided only or mainly to a child or children; or 17
(ii) are to be performed in a role involving providing 18
services only or mainly to a child or children; or 19
(iii) involve contact with a child or children that is of a 20
kind, or happens in a context, that may create an 21
unacceptable level of risk for the child or children; 22
and 23
(b) it is necessary to conduct child-related employment 24
screening of a person engaged to perform the particular 25
duties to ensure the person is suitable to perform them; 26
and 27
(c) the particular duties are not likely to involve regulated 28
employment. 29
Note-- 30
See the CCYPCG Act, chapter 8, and division 3A, for assessing the 31
suitability of persons to be engaged in duties that are regulated 32
employment.'. 33
Page 488
Criminal History Screening Legislation Amendment Bill 2010
Part 16 Amendment of Public Service Act 2008
[s 230]
(2) Section 156(3)-- 1
omit. 2
Clause 230 Replacement of ss 157-165 3
Sections 157 to 165-- 4
omit, insert-- 5
`157 Definitions for div 3 6
`In this division-- 7
CCYPCG commission means the Commission for Children 8
and Young People and Child Guardian. 9
child-related employment screening means employment 10
screening under the CCYPCG Act, chapter 8. 11
current, for a positive prescribed notice or positive exemption 12
notice, means current within the meaning of the CCYPCG 13
Act. 14
engage, a person, includes-- 15
(a) engage the person under a contract for services; and 16
(b) engage the person on a voluntary basis; and 17
(c) if the person is a student, engage the person under an 18
arrangement to provide the person with practical 19
experience in the person's field of study. 20
exemption notice means an exemption notice under the 21
CCYPCG Act. 22
negative exemption notice means a negative exemption notice 23
under the CCYPCG Act. 24
negative prescribed notice means a negative notice under the 25
CCYPCG Act. 26
prescribed notice means a prescribed notice under the 27
CCYPCG Act. 28
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`158 Prescribed notice or exemption notice required for 1
child-related duties 2
`(1) The chief executive of a department other than the CCYPCG 3
commissioner must ensure a person does not perform 4
child-related duties in the department unless-- 5
(a) if the person is engaged by the department as a volunteer 6
and is not a police officer or registered teacher--the 7
person has a current positive prescribed notice; or 8
(b) otherwise-- 9
(i) the person has a current positive prescribed notice 10
or current positive exemption notice; or 11
(ii) the chief executive has applied for a prescribed 12
notice or exemption notice about the person as 13
provided under section 159. 14
`(2) The CCYPCG commissioner must ensure a person does not 15
perform child-related duties in the CCYPCG commission 16
unless-- 17
(a) if the person is engaged by the CCYPCG commission as 18
a volunteer and is not a police officer or registered 19
teacher--the person has a current positive prescribed 20
notice or current positive exemption notice; or 21
(b) otherwise-- 22
(i) the person has a current positive prescribed notice 23
or current positive exemption notice; or 24
(ii) the CCYPCG commissioner has started to 25
undertake child-related employment screening of 26
the person as provided under section 160. 27
`(3) Subsection (1) or (2) applies even if the person is a public 28
service employee at the time the chief executive proposes to 29
engage the person to perform the child-related duties. 30
`(4) In this section-- 31
registered teacher see the CCYPCG Act, schedule 7. 32
volunteer see the CCYPCG Act, section 165. 33
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`159 Chief executive to apply for prescribed notice or 1
exemption notice 2
`(1) This section applies if-- 3
(a) the chief executive of a department other than the 4
CCYPCG commissioner proposes to engage a person in 5
the department to perform child-related duties; and 6
(b) the person does not have a prescribed notice or 7
exemption notice. 8
`(2) The chief executive must apply to the CCYPCG 9
commissioner for the prescribed notice or exemption notice. 10
`(3) The application must be made, and dealt with, under the 11
CCYPCG Act as if the chief executive were proposing to start 12
employing, or continue employing, the person in regulated 13
employment. 14
Notes-- 15
1 Under the CCYPCG Act, section 199(3), a person who asks 16
someone else to sign an application for a prescribed notice about 17
the other person must warn the other person that it is an offence for 18
a disqualified person within the meaning of the CCYPCG Act to 19
sign the application. 20
2 An application for a prescribed notice or exemption notice must 21
include the person's consent to child-related employment 22
screening. See the CCYPCG Act, section 200 (for applications for 23
prescribed notices) or 261 (for applications for exemption notices). 24
3 A person's consent to child-related employment screening may be 25
withdrawn by the person or may be taken to be withdrawn in 26
particular circumstances. See the CCYPCG Act, sections 204 to 27
210 (for applications for prescribed notices) or sections 264 to 271 28
(for applications for exemption notices). 29
`160 CCYPCG commissioner to undertake child-related 30
employment screening 31
`(1) This section applies if-- 32
(a) the CCYPCG commissioner proposes to engage a 33
person to perform child-related duties in the CCYPCG 34
commission; and 35
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(b) the person does not have a prescribed notice or 1
exemption notice. 2
`(2) The CCYPCG commissioner must undertake child-related 3
employment screening of the person. 4
`(3) For subsection (1), the CCYPCG Act, section 36 applies in 5
relation to the person in the same way as it applies to a person 6
who is to start, or continue in, regulated employment in the 7
person's capacity as a member of the CCYPCG commission's 8
staff. 9
Note-- 10
The CCYPCG Act, section 36 provides for child-related employment 11
screening, and the issue of a prescribed notice or exemption notice, for 12
persons who are to start, or continue in, regulated employment as 13
members of the staff of the CCYPCG commission. 14
`161 Engaging public service employee before 15
prescribed notice or exemption notice issued 16
`(1) This section applies if-- 17
(a) the chief executive of a department engages a person to 18
perform child-related duties on the basis the chief 19
executive has-- 20
(i) for a chief executive of a department other than the 21
CCYPCG commissioner--applied for a prescribed 22
notice or exemption notice about the person as 23
mentioned in section 158(1)(b)(ii); or 24
(ii) for the CCYPCG commissioner--started to 25
undertake child-related employment screening of 26
the person as mentioned in section 158(2)(b)(ii); 27
and 28
(b) the person is a public service employee at the time the 29
chief executive engages the person; and 30
(c) either of the following happens-- 31
(i) the person's consent to child-related employment 32
screening is withdrawn, or taken to be withdrawn, 33
under the CCYPCG Act; 34
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(ii) the person is issued a negative prescribed notice or 1
negative exemption notice. 2
`(2) The chief executive must ensure the person does not continue 3
to perform child-related duties. 4
`162 Engaging other person before prescribed notice or 5
exemption notice issued 6
`(1) This section applies if-- 7
(a) the chief executive of a department engages a person to 8
perform child-related duties on the basis the chief 9
executive has-- 10
(i) for a chief executive of a department other than the 11
CCYPCG commissioner--applied for a prescribed 12
notice or exemption notice about the person as 13
mentioned in section 158(1)(b)(ii); or 14
(ii) for the CCYPCG commissioner--started to 15
undertake child-related employment screening of 16
the person as mentioned in section 158(2)(b)(ii); 17
and 18
(b) the person is not a public service employee at the time 19
the chief executive engages the person. 20
`(2) The chief executive-- 21
(a) may only appoint the person on probation under section 22
126 for a period not ending before the prescribed notice 23
or exemption notice is issued to the person; and 24
(b) may confirm the person's appointment under section 25
126 only if the person is issued a positive prescribed 26
notice or positive exemption notice; and 27
(c) must not confirm the person's appointment under 28
section 126 if either of the following happens-- 29
(i) the person's consent to child-related employment 30
screening is withdrawn, or taken to be withdrawn, 31
under the CCYPCG Act; 32
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[s 230]
(ii) the person is issued a negative prescribed notice or 1
negative exemption notice. 2
`(3) Subsection (2) does not limit section 126. 3
`163 Effect of suspension or cancellation of positive 4
prescribed notice or positive exemption notice 5
`(1) If the chief executive of a department engages a person to 6
perform child-related duties in the department and the 7
person's positive prescribed notice or positive exemption 8
notice is suspended under the CCYPCG Act, the chief 9
executive must ensure the person does not perform 10
child-related duties while the notice is suspended. 11
`(2) If the chief executive of a department engages a person to 12
perform child-related duties in the department and the 13
person's positive prescribed notice or positive exemption 14
notice is cancelled under the CCYPCG Act, the chief 15
executive must ensure the person does not perform 16
child-related duties. 17
`Division 3A Further assessment of person to 18
whom prescribed notice or 19
exemption notice is issued 20
`164 This division does not apply to particular 21
engagements 22
`This division does not apply in relation to the following-- 23
(a) engaging a person under a contract for services; 24
(b) engaging a person on a voluntary basis; 25
(c) engaging a student under an arrangement to provide the 26
student with practical experience in the student's field of 27
study. 28
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[s 230]
`165 Application of Criminal Law (Rehabilitation of 1
Offenders) Act 1986 2
`This division is subject to the Criminal Law (Rehabilitation 3
of Offenders) Act 1986 but does not limit any other law, or 4
other provision of this Act, under which a person's criminal 5
history may be obtained. 6
`165A Chief executive may decide to obtain criminal history 7
`(1) This section applies if the CCYPCG commissioner-- 8
(a) issues a positive prescribed notice or positive exemption 9
notice to a person to be engaged by a department to 10
perform either or both of the following (prescribed 11
duties)-- 12
(i) child-related duties; 13
(ii) regulated employment; and 14
(b) under the CCYPCG Act, section 235 or 293 (including 15
as applied for section 159), gives the chief executive of 16
the department a notice stating that the chief executive 17
may need to undertake a further assessment of the 18
person under this division to decide whether or not the 19
department should engage the person. 20
`(2) If the chief executive proposes to engage the person to 21
perform the prescribed duties, the chief executive may, under 22
a part 6 directive, ask the person for written consent for the 23
chief executive to obtain the person's criminal history under 24
this division. 25
`(3) Subsection (2) applies even if the person is an employee of the 26
department at the time the chief executive proposes to engage 27
the person to perform the prescribed duties. 28
`165B Failure to consent to obtaining criminal history 29
`(1) This section applies if the person does not consent, or 30
withdraws his or her consent, to the chief executive obtaining 31
the person's criminal history. 32
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[s 231]
`(2) If the person is an employee of the department who is engaged 1
in performing prescribed duties, the chief executive must 2
ensure the person does not perform prescribed duties. 3
`(3) If the person is not an employee of the department who is 4
engaged in performing prescribed duties, the chief executive 5
is not required to consider the person for engagement to 6
perform the prescribed duties. 7
`165C Obtaining criminal history with consent 8
`(1) If the person gives written consent to the chief executive 9
obtaining the person's criminal history, the chief executive 10
may ask the police commissioner for a written report about 11
the person's criminal history. 12
`(2) The request may include the following-- 13
(a) the person's name and any other name the chief 14
executive believes the person may use or may have used; 15
(b) the person's date and place of birth, gender and address. 16
`(3) The police commissioner must give the requested report to the 17
chief executive. 18
Note-- 19
See sections 166 and 167 for when the police commissioner need not or 20
must not give the requested report. 21
`165D Assessment of suitability using criminal history 22
report 23
`After the person's criminal history report is given to the chief 24
executive, the chief executive must, under a part 6 directive, 25
consider the person's criminal history in making an 26
assessment about the person's suitability for engagement to 27
perform the prescribed duties.'. 28
Clause 231 Amendment of ch 5, pt 6, div 4, hdg 29
Chapter 5, part 6, division 4, heading, `and 3'-- 30
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Part 16 Amendment of Public Service Act 2008
[s 232]
omit, insert-- 1
`and 3A and other information etc.'. 2
Clause 232 Amendment of s 166 (Duty of police commissioner 3
relating to requests for criminal history or police 4
information) 5
(1) Section 166, heading, `or police information'-- 6
omit. 7
(2) Section 166, `or police information'-- 8
omit. 9
Clause 233 Amendment of s 167 (Criminal history or police 10
information no longer required to be obtained) 11
(1) Section 167, heading, `or police information'-- 12
omit. 13
(2) Section 167(1)(a) and (b)-- 14
omit, insert-- 15
`(a) the chief executive has, under section 154 or 165C, 16
requested the police commissioner to give the chief 17
executive a written report about a person's criminal 18
history; and 19
(b) the chief executive decides the criminal history is no 20
longer required.'. 21
Clause 234 Amendment of s 168 (Police commissioner not to use 22
information given as part of request except for particular 23
circumstances) 24
Section 168(1), `or 159(2)'-- 25
omit, insert-- 26
`or 165C(2)'. 27
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Criminal History Screening Legislation Amendment Bill 2010
Part 16 Amendment of Public Service Act 2008
[s 235]
Clause 235 Amendment of s 169 (Destruction of reports and notices) 1
(1) Section 169(1)(a), `or police information report'-- 2
omit. 3
(2) Section 169(1)(a), `or 3'-- 4
omit, insert-- 5
`or 3A'. 6
Clause 236 Amendment of s 170 (Prosecuting authority to notify 7
chief executive about committal, conviction etc.) 8
(1) Section 170(1), from `any of the following'-- 9
omit, insert-- 10
`the person is charged with a relevant offence.'. 11
(2) Section 170(4)-- 12
omit. 13
(3) Section 170(5), from `or an order' to `making of the order'-- 14
omit, insert-- 15
`and the person has appealed against the conviction'. 16
(4) Section 170(5)(b), `or order'-- 17
omit. 18
(5) Section 170(6), after `notice to the'-- 19
insert-- 20
`department's'. 21
(6) Section 170(7), `subsection (5)'-- 22
omit, insert-- 23
`subsection (4)'. 24
(7) Section 170(8)-- 25
omit. 26
(8) Section 170(9)-- 27
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Part 16 Amendment of Public Service Act 2008
[s 237]
insert-- 1
`disqualifying offence see the CCYPCG Act, schedule 7.'. 2
(9) Section 170(5) to (9)-- 3
renumber as section 170(4) to (7). 4
Clause 237 Amendment of s 171 (False or misleading statements in 5
consent) 6
Section 171(1), `or 157'-- 7
omit, insert-- 8
`or 165A'. 9
Clause 238 Amendment of s 172 (Confidentiality) 10
Section 172(4)-- 11
insert-- 12
`child-related duties includes duties that are regulated 13
employment. 14
police information means police information as defined under 15
section 150 of this Act as in force from time to time before the 16
commencement of this definition. 17
police information report means a report and other 18
information given under previous section 160. 19
previous section 160 means section 160 of this Act as in force 20
from time to time before the commencement of this 21
definition.'. 22
Clause 239 Amendment of s 173 (Commission chief executive may 23
make rulings for this part) 24
(1) Section 173(2)(b) and (c)-- 25
omit, insert-- 26
`(b) the following-- 27
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[s 240]
(i) the kinds of places a chief executive may decide 1
are places at which services are provided only or 2
mainly to a child or children; 3
(ii) the kinds of roles a chief executive may decide 4
involve providing services only or mainly to a 5
child or children; 6
(iii) the duties that involve contact with a child or 7
children that is of a kind, or happens in a context, 8
that may create an unacceptable level of risk for 9
the child or children; and 10
(c) a reasonable opportunity to be given to a person to make 11
written representations about a criminal history report 12
before an adverse decision relating to the person is 13
made.'. 14
(2) Section 173(3), definition adverse decision-- 15
insert-- 16
`(c) duties that are regulated employment, other than a 17
decision that the person is suitable to perform the 18
duties.'. 19
Clause 240 Insertion of new ch 9, pt 5 20
Chapter 9-- 21
insert-- 22
`Part 5 Transitional provisions for 23
Criminal History Screening 24
Legislation Amendment Act 25
2010 26
`256 Definitions for pt 5 27
`In this part-- 28
amending Act means the Criminal History Screening 29
Legislation Amendment Act 2010. 30
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Part 16 Amendment of Public Service Act 2008
[s 240]
commencement means the commencement of this part. 1
regulated employment see the CCYPCG Act, section 156. 2
unamended Act means this Act as in force from time to time 3
before the commencement. 4
`257 Application of s 155B 5
`(1) This section applies if-- 6
(a) before the commencement, a person engaged by the 7
department of communities was required, under a 8
relevant provision, to disclose a change in the person's 9
criminal history to the chief executive of that 10
department; and 11
(b) at the commencement, the person has not made the 12
disclosure. 13
`(2) Section 155B applies in relation to the change as if it 14
happened immediately after the commencement. 15
`(3) In this section-- 16
department of communities see section 155A. 17
relevant provision means-- 18
(a) the Community Services Act 2007, section 105 as in 19
force before its repeal by the amending Act; or 20
(b) the Disability Services Act 2006, section 67 as in force 21
before its repeal by the amending Act; or 22
(c) the Family Services Act 1987, section 19 as in force 23
before its repeal by the amending Act. 24
`258 Persons being considered for engagement, or 25
engaged, in child-related duties or regulated 26
employment at the commencement 27
`(1) Chapter 5, part 6, divisions 3 and 3A apply in relation to a 28
person who, at the commencement, is-- 29
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[s 240]
(a) being considered for engagement by a department in 1
child-related duties; or 2
(b) engaged by a department in child-related duties. 3
`(2) Chapter 5, part 6, division 3A applies in relation to a person 4
who, at the commencement, is-- 5
(a) being considered for engagement by a department in 6
regulated employment; or 7
(b) engaged by a department in regulated employment. 8
`(3) For subsections (1) and (2), a person is being considered for 9
engagement by a department at the commencement if-- 10
(a) the person applied or otherwise expressed an interest in 11
being engaged by the department before the 12
commencement; and 13
(b) at the commencement, the chief executive of the 14
department has not finished making an assessment of 15
the person's suitability for the engagement. 16
`(4) In this section-- 17
child-related duties see section 156. 18
`259 Request for police information not complied with at 19
the commencement 20
`(1) This section applies if-- 21
(a) the chief executive of a department has, under section 22
159 of the unamended Act, asked the police 23
commissioner for a written report about a person's 24
police information; and 25
(b) at the commencement, the police commissioner has not 26
given the written report to the chief executive. 27
`(2) Despite section 160 of the unamended Act, the police 28
commissioner is no longer required to comply with the chief 29
executive's request. 30
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Part 16 Amendment of Public Service Act 2008
[s 240]
`260 Particular police information obtained before 1
commencement 2
`(1) This section applies if-- 3
(a) before the commencement, the police commissioner 4
gave the chief executive of a department a written report 5
about a person's police information under section 160 of 6
the unamended Act; and 7
(b) at the commencement, the chief executive has not, in 8
relation to the written report, made an assessment about 9
the person's suitability for engagement, or continued 10
engagement, to perform child-related duties under 11
section 162 of the unamended Act. 12
`(2) The chief executive must immediately-- 13
(a) destroy the written report; and 14
(b) stop making the assessment. 15
Note-- 16
The person's suitability for engagement, or continued engagement, to 17
perform child-related duties is now dealt with under chapter 5, part 6, 18
divisions 3 or 3A as in force from the commencement. See section 258. 19
`(3) In this section-- 20
child-related duties means child-related duties within the 21
meaning of section 156 of the unamended Act. 22
`261 Particular appeals and appeal rights continue 23
`(1) Subsection (2) applies if, at the commencement, a person has 24
appealed to a Magistrates Court under section 161 of the 25
unamended Act and the appeal has not been decided. 26
`(2) The Magistrates Court must hear, or continue to hear, and 27
decide the appeal under section 161 of the unamended Act. 28
`(3) Subsection (4) applies if, at the commencement, a person 29
could have but has not appealed to a Magistrates Court under 30
section 161 of the unamended Act. 31
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Part 16 Amendment of Public Service Act 2008
[s 240]
`(4) The person may appeal to a Magistrates Court under section 1
161 of the unamended Act within the period stated in section 2
161(3) of the unamended Act, and the court must hear and 3
decide the appeal under section 161 of the unamended Act. 4
`(5) For subsections (2) and (4), subject to subsection (6), section 5
161 of the unamended Act continues to apply in relation to the 6
appeal as if the amending Act had not been enacted. 7
`(6) If, on appeal, a Magistrates Court sets aside the police 8
commissioner's decision that information given to the chief 9
executive about a person is investigative information, the chief 10
executive must-- 11
(a) if the person is to be engaged or continue to be engaged 12
to perform relevant duties--assess the person's 13
suitability to be engaged or to continue to be engaged to 14
perform relevant duties under chapter 5, part 6, division 15
2; or 16
(b) if the person is to be engaged or continue to be engaged 17
to perform child-related duties--apply for a prescribed 18
notice or exemption notice about the person under the 19
CCYPCG Act as provided in chapter 5, part 6, division 20
3; or 21
(c) if the person is to be engaged in regulated 22
employment--apply for a prescribed notice or 23
exemption notice under the CCYPCG Act. 24
Note-- 25
A person about whom an application for a prescribed notice or 26
exemption notice is made under the CCYPCG Act may withdraw the 27
person's consent to employment screening under that Act. See section 28
204 (for applications for a prescribed notice) or 263 (for applications for 29
an exemption notice). 30
`(7) In this section-- 31
CCYPCG Act see section 150. 32
child-related duties see section 156. 33
relevant duties see section 151. 34
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Part 16 Amendment of Public Service Act 2008
[s 240]
`262 Particular information etc. obtained before 1
commencement 2
`(1) Section 168 of the unamended Act continues to apply in 3
relation to information given to the police commissioner 4
under section 159(2) of the unamended Act before the 5
commencement as if the amending Act had not been enacted. 6
`(2) Subsection (3) applies to any of the following if, under a part 7
6 directive, it is no longer required to be kept-- 8
(a) a report and other information about a person given to a 9
chief executive under section 160 of the unamended 10
Act; 11
(b) a notice given to a chief executive under section 170 of 12
the unamended Act. 13
`(3) The chief executive must destroy the report, the information, 14
the notice and any other document required by the directive to 15
be destroyed. 16
`263 Notice not given by prosecuting authority at the 17
commencement 18
`(1) This section applies if-- 19
(a) before the commencement, something (the relevant 20
event) mentioned in section 170(1)(b) to (e) of the 21
unamended Act happened in relation to a person who is 22
a public service employee in a department; and 23
(b) at the commencement, the police commissioner or 24
director of public prosecutions has not given notice of 25
the relevant event to the department's chief executive as 26
required by section 170 of the unamended Act. 27
`(2) Despite section 170 of the unamended Act, the police 28
commissioner or director of public prosecutions is no longer 29
required to give notice of the relevant event to the chief 30
executive.'. 31
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Part 16 Amendment of Public Service Act 2008
[s 241]
Clause 241 Amendment of sch 4 (Dictionary) 1
(1) Schedule 4, definitions CCYPCG disqualification order, 2
CPOPOA disqualification order, disqualification order, 3
disqualifying offence, engage, investigative information, 4
offender prohibition order, police information, police 5
information report, relevant disqualified person, serious 6
offence and temporary offender prohibition order-- 7
omit. 8
(2) Schedule 4-- 9
insert-- 10
`amending Act, for chapter 9, part 5, see section 256. 11
approved form, for chapter 5, part 6, division 2, subdivision 2, 12
see section 155A. 13
CCYPCG Act, for chapter 5, part 6, see section 150. 14
CCYPCG commission, for chapter 5, part 6, division 3, see 15
section 157. 16
CCYPCG commissioner, for chapter 5, part 6, see section 17
150. 18
child-related employment screening, for chapter 5, part 6, 19
division 3, see section 157. 20
chief executive (communities), for chapter 5, part 6, division 21
2, subdivision 2, see section 155A. 22
commencement, for chapter 9, part 5, see section 256. 23
current, for chapter 5, part 6, division 3, see section 157. 24
department of communities, for chapter 5, part 6, division 2, 25
subdivision 2, see section 155A. 26
engage-- 27
(a) for chapter 5, part 6 generally--see section 150; and 28
(b) for chapter 5, part 6, division 3--see also section 157. 29
exemption notice, for chapter 5, part 6, division 3, see section 30
157. 31
Page 506
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Part 17 Amendment of Youth Justice Act 1992
[s 242]
negative exemption notice, for chapter 5, part 6, division 3, 1
see section 157. 2
negative prescribed notice, for chapter 5, part 6, division 3, 3
see section 157. 4
positive exemption notice, for chapter 5, part 6, see section 5
150. 6
positive prescribed notice, for chapter 5, part 6, see section 7
150. 8
prescribed notice, for chapter 5, part 6, division 3, see section 9
157. 10
regulated employment-- 11
(a) for chapter 5, part 6--see section 150; or 12
(b) for chapter 9, part 5--see section 256. 13
unamended Act, for chapter 9, part 5, see section 256.'. 14
Part 17 Amendment of Youth Justice 15
Act 1992 16
Clause 242 Act amended 17
This part amends the Youth Justice Act 1992. 18
Clause 243 Amendment of s 252I (Issue of warrant for child in 19
particular circumstances) 20
Section 252I(7), `subsection (2)'-- 21
omit, insert-- 22
`subsection (1) or (2)'. 23
Page 507
Criminal History Screening Legislation Amendment Bill 2010
Part 17 Amendment of Youth Justice Act 1992
[s 244]
Clause 244 Amendment of s 348 (Cancellation of supervised release 1
order) 2
Section 348-- 3
insert-- 4
`(2A) Old section 231(12) continues to apply (and is declared to 5
have always continued to apply despite its repeal) in relation 6
to a warrant issued for a child's arrest under old section 231(4) 7
or (5) for the period spent by the child out of custody.'. 8
Clause 245 Insertion of new pt 11, div 7 9
Part 11-- 10
insert-- 11
`Division 7 Transitional provision for Criminal 12
History Screening Legislation 13
Amendment Act 2010 14
`351 Effect of s 252I on particular warrants 15
`(1) This section applies in relation to a warrant issued for a child's 16
arrest under section 252I(1) before the commencement of the 17
amendment of the section by the amending Act. 18
`(2) Section 252I(7) as amended by the amending Act-- 19
(a) does not apply in relation to the period of time spent by 20
the child out of custody before the commencement of 21
the amendment; but 22
(b) does apply in relation to the period of time spent by the 23
child out of custody after the commencement of the 24
amendment. 25
`(3) In this section-- 26
amending Act means the Criminal History Screening 27
Legislation Amendment Act 2010.'. 28
Page 508
Criminal History Screening Legislation Amendment Bill 2010
Part 18 Amendment of Juvenile Justice and Other Acts Amendment Act 2009
[s 246]
Part 18 Amendment of Juvenile Justice 1
and Other Acts Amendment Act 2
2009 3
Clause 246 Act amended 4
(1) This part amends the Juvenile Justice and Other Acts 5
Amendment Act 2009. 6
(2) However, this part applies only if schedule 2 of this Act 7
commences before the JJA short title amendment commences. 8
(3) In this section-- 9
JJA short title amendment means the Juvenile Justice and 10
Other Acts Amendment Act 2009, section 9. 11
Clause 247 Amendment of schedule (Consequential amendments) 12
Schedule, section 9-- 13
omit, insert-- 14
`9 Commission for Children and Young People and Child 15
Guardian Act 2000 16
· section 54(b), (c) and (d) 17
· section 66(1) 18
· section 106(1) 19
· schedule 7, definition detention centre.'. 20
Part 19 Amendment of other Acts 21
Clause 248 Acts amended in sch 3 22
Schedule 3 amends the Acts mentioned in it. 23
Page 509
Criminal History Screening Legislation Amendment Bill 2010
Schedule 1
Schedule 1 Minor amendments of the 1
Commission for Children and 2
Young People and Child 3
Guardian Act 2000 4
section 56 5
1 Section 4A-- 6
omit. 7
2 Section 31D(2), examples-- 8
omit, insert-- 9
`Examples of stated ways-- 10
· sending the commissioner an electronic copy of a document 11
· allowing the commissioner to enter the department's premises and 12
access information or documents'. 13
3 Section 31DA(2), examples-- 14
omit, insert-- 15
`Examples of stated ways-- 16
· sending the commissioner an electronic copy of a document 17
· allowing the commissioner to enter the service provider's premises 18
and access information or documents'. 19
4 Section 31EA(2), examples, second dot point, `section 20
63'-- 21
omit, insert-- 22
`section 62A'. 23
5 Section 40(1)(b)(iv)-- 24
omit, insert-- 25
Page 510
Criminal History Screening Legislation Amendment Bill 2010
Schedule 1
`(iv) is the subject of an investigation under the 1
Coroner's Act 2003; or'. 2
6 Section 89T(4)(a), `2000'-- 3
omit, insert-- 4
`2001'. 5
7 Section 89ZG(6), `section 63'-- 6
omit, insert-- 7
`section 62A'. 8
Page 511
Criminal History Screening Legislation Amendment Bill 2010
Schedule 2
Schedule 2 Other amendments of the 1
Commission for Children and 2
Young People and Child 3
Guardian Act 2000 4
section 56 5
1 Particular headings-- 6
A heading mentioned in column 1 of the following table is omitted 7
and replaced with the heading mentioned in column 2 of the table 8
opposite the heading-- 9
Column 1 Column 2
Heading Heading after amendment
Part 1, heading Chapter 1 Preliminary
Part 1, division 1, heading Part 1 Introduction
Part 1, division 2, heading Part 2 Object, underlying principles and
scope of Act
Part 1, division 3, heading Part 3 Service providers
Part 1, division 4, heading Part 4 Children in the child safety system
Part 2, heading Chapter 2 Commissioner, assistant
commissioner and commission
Part 2, division 1, heading Part 1 Establishment
Part 2, division 2, heading Part 2 Functions and powers
Part 2, division 3, heading Part 3 Appointment of commissioner and
related provisions
Part 2, division 3A, heading Part 4 Appointment of assistant
commissioner
Part 2, division 4, heading Part 5 Commission's staff
Part 2A, heading Chapter 3 Powers and obligations relating to
the commissioner's monitoring functions
Part 2A, division 1, heading Part 1 Operation of ch 3
Page 512
Criminal History Screening Legislation Amendment Bill 2010
Schedule 2
Column 1 Column 2
Section 31B, heading 31B Services to which this chapter applies
Part 2A, division 2, heading Part 2 Powers and obligations
Section 31EB, heading 31EB Restricted use of confidential
information accessed under this chapter
Part 3, heading Chapter 4 Complaints and investigations
Part 3, division 1AA, heading Part 1 Preliminary
Section 31K, heading 31K Operation of ch 4
Part 3, division 1, heading Part 2 Making complaints
Part 3, division 2, heading Part 3 Assessing complaints and deciding
further action
Part 3, division 3, heading Part 4 Investigations
Part 3, division 3, subdivision 1, heading Division 1 Starting an investigation
Part 3, division 3, subdivision 2, heading Division 2 Access to child and information
for investigation
Part 3, division 3, subdivision 3, heading Division 3 Defences for failing to comply
with notice for information
Section 47, heading 47 Application of div 3
Part 3, division 3, subdivision 4, heading Division 4 Other offences
Part 3, division 3, subdivision 5, heading Division 5 Matters at end of investigation
Part 3, division 3, subdivision 6, heading Division 6 Reports and tabling them
Section 60, heading 60 Application of div 6
Part 4, heading Chapter 5 Community visitors
Part 4, division 1, heading Part 1 Preliminary
Section 64, heading 64 Purpose of ch 5
Part 4, division 2, heading Part 2 Visits to visitable sites and homes
Part 4, division 3, heading Part 3 Functions and powers
Part 4, division 3, subdivision 1, heading Division 1 Functions
Page 513
Criminal History Screening Legislation Amendment Bill 2010
Schedule 2
Column 1 Column 2
Part 4, division 3, subdivision 2, heading Division 2 Power of entry to visitable sites
and visitable homes
Part 4, division 3, subdivision 3, heading Division 3 Other powers
Part 4, division 3, subdivision 4, heading Division 4 Exercise of powers
Part 4, division 4, heading Part 4 Appointment of community visitors
Part 4, division 5, heading Part 5 Identity cards
Part 4, division 6, heading Part 6 Miscellaneous
Part 4A, heading Chapter 6 Child deaths
Part 4A, division 1, heading Part 1 Child Death Case Review Committee
Part 4A, division 1, subdivision 1, heading Division 1 Preliminary
Section 89A, heading 89A Definitions for pt 1
Part 4A, division 1, subdivision 2, heading Division 2 Establishment and functions
Part 4A, division 1, subdivision 3, heading Division 3 Membership
Part 4A, division 1, subdivision 4, heading Division 4 Chairperson
Part 4A, division 1, subdivision 5, heading Division 5 Conduct of business
Part 4A, division 1, subdivision 6, heading Division 6 Reviews and reports
Part 4A, division 1, subdivision 7, heading Division 7 Recommendations
Part 4A, division 1, subdivision 8, heading Division 8 Other provisions
Part 4A, division 2, heading Part 2 Commissioner's functions relating to
child deaths
Part 5, heading Chapter 7 Advisory committees
Part 6A, heading Chapter 9 Provisions about QCAT
proceedings
Part 1 QCAT proceedings about child-related
employment review
Section 128A, heading 128A Definitions for pt 1
Section 128B, heading 128B Application of pt 1
Part 6B, heading Part 2 QCAT to give statistical information
to commissioner
Page 514
Criminal History Screening Legislation Amendment Bill 2010
Schedule 2
Column 1 Column 2
Part 7A, heading Chapter 10 General
Part 1 Review of particular decisions
Section 140A, heading 140A Meaning of reviewable decision for pt
1
Part 8, heading and part 8, division 1, Part 2 When commissioner may give notice
heading other than in writing
Section 141, heading 141 Application of pt 2
Part 8, division 2, heading Part 3 Evidence and legal proceedings
Part 8, division 3, heading Part 4 Confidentiality
Part 8, division 4, heading Part 5 Reprisals
Part 8, division 5, heading Part 6 Miscellaneous
Part 9, heading Chapter 11 Transitional and other provisions
Part 9, division 1, heading Part 1 Repeal
Part 9, division 2, heading Part 2 Transitional provisions on repeal of
Children's Commissioner and Children's
Services Appeals Tribunals Act 1996
Part 9, division 3, heading Part 3 Transitional provisions for amendment
of Juvenile Justice Act 1992
Part 9, division 4, heading Part 4 Transitional provisions for Child Care
Act 2002
Part 9, division 5, heading Part 5 Transitional provisions for Education
and Other Legislation (Student Protection)
Amendment Act 2003
Section 179, heading 179 Definitions for pt 5
Part 9, division 6, heading Part 6 Transitional provisions for Child
Safety Legislation Amendment Act 2004
Part 9, division 7, heading Part 7 Transitional provisions for the
Commission for Children and Young People
and Child Guardian Amendment Act 2004
Part 9, division 8, heading Part 8 Further transitional provisions for the
Commission for Children and Young People
and Child Guardian Amendment Act 2004
Section 196, heading 196 Definitions for pt 8
Page 515
Criminal History Screening Legislation Amendment Bill 2010
Schedule 2
Column 1 Column 2
Section 197, heading 197 Main purpose of pt 8
Part 9, division 9, heading Part 9 Transitional provisions for Child
Safety (Carers) Amendment Act 2006
Section 207, heading 207 Definition for pt 9
Part 9, division 10, heading Part 10 Transitional and validation
provisions for Commission for Children and
Young People and Child Guardian
Amendment Act 2007
Section 213, heading 213 Definitions for pt 10
Part 9, division 11, heading Part 11 Transitional provisions for
Commission for Children and Young People
and Child Guardian and Another Act
Amendment Act 2008
Section 217, heading 217 Definition for pt 11
Section 225, heading 225 Notice by commissioner of withdrawal
of application under this part
Section 226, heading 226 Notice by commissioner of cancellation
of positive notice under this part
Part 9, division 12, heading Part 12 Transitional provision for Criminal
Code and Other Acts Amendment Act 2008
2 Section 3, `schedule 4'-- 1
omit, insert-- 2
`schedule 7'. 3
3 Section 7A, example 1, `section 15AA(1)(b)'-- 4
omit, insert-- 5
`section 18(1)(b)'. 6
Page 516
Criminal History Screening Legislation Amendment Bill 2010
Schedule 2
4 Section 7A, example 2, `section 32(a)'-- 1
omit, insert-- 2
`section 54(a)'. 3
5 Section 15(1)(a), editor's note-- 4
omit, insert-- 5
`Note-- 6
See section 54 for the complaints that the commissioner deals 7
with under this Act.'. 8
6 Section 15(1)(c), `section 15AA'-- 9
omit, insert-- 10
`section 18'. 11
7 Section 15(1)(e), `part 7A'-- 12
omit, insert-- 13
`chapter 10, part 1'. 14
8 Section 15(1)(j), 21(2)(b) and 81(3)(b), editor's note-- 15
omit, insert-- 16
`Note-- 17
See section 6 for the principles underlying this Act.'. 18
9 Section 15(1)(ra), `part 6'-- 19
omit, insert-- 20
`chapter 8'. 21
10 Section 15(2)(a), `section 15AA'-- 22
omit, insert-- 23
`section 18'. 24
Page 517
Criminal History Screening Legislation Amendment Bill 2010
Schedule 2
11 Section 15AA(1), note-- 1
omit, insert-- 2
`Note-- 3
Chapter 3 includes powers of the commissioner that may be exercised to 4
perform the monitoring functions, but only in relation to the service 5
providers mentioned in section 39.'. 6
12 Section 15AA(2), `part 2A'-- 7
omit, insert-- 8
`chapter 3'. 9
13 Section 16, `parts 2A and 3'-- 10
omit, insert-- 11
`chapters 3 and 4'. 12
14 Section 17(2), `section 18, 19 or 20'-- 13
omit, insert-- 14
`section 23, 24 or 25'. 15
15 Section 22(1), `sections 26 and 27'-- 16
omit, insert-- 17
`sections 31 and 32'. 18
16 Section 28(2), `section 21'-- 19
omit, insert-- 20
`section 26'. 21
17 Section 28A(2), `Division 3'-- 22
omit, insert-- 23
`Part 3'. 24
Page 518
Criminal History Screening Legislation Amendment Bill 2010
Schedule 2
18 Section 28A(3), `section 21(2)'-- 1
omit, insert-- 2
`section 26(2)'. 3
19 Section 29(1), editor's note-- 4
omit, insert-- 5
`Note-- 6
For the appointment of community visitors, see section 107.'. 7
20 Section 31A, 31B, 31K(1), 32, 42(4) and (5)(c), 64, 89C(d), 8
89D and 89Y, `part'-- 9
omit, insert-- 10
`chapter'. 11
21 Section 31D(1), 31DA(1), 31DB(2) and 31E(1), `section 12
31C'-- 13
omit, insert-- 14
`section 40'. 15
22 Section 31D(3)(b), 31E(4) and 31G(1)(b), `section 18(2)'-- 16
omit, insert-- 17
`section 23(2)'. 18
23 Section 31DA(5), `section 31DB'-- 19
omit, insert-- 20
`section 43'. 21
24 Section 31EB(2)(b), `section 20'-- 22
omit, insert-- 23
`section 25'. 24
Page 519
Criminal History Screening Legislation Amendment Bill 2010
Schedule 2
25 Section 31EB(2)(c), `part 3'-- 1
omit, insert-- 2
`chapter 4'. 3
26 Section 31H(4), `section 31B(b)'-- 4
omit, insert-- 5
`section 39(b)'. 6
27 Section 31I(1)(a), 31J, 37(1)(b), 70(4)(c), 72(2)(a)(ii), 89A, 7
89R, 89ZE(d), 89ZG(1)(a), 89ZH, 141, 144, 169, 175, 179, 8
196, 197, 205(2)(a) and (b), 207, 213 and 217, `division'-- 9
omit, insert-- 10
`part'. 11
28 Section 31I(1)(b), `section 31H'-- 12
omit, insert-- 13
`section 50'. 14
29 Section 31I(2), note, `Sections 60 to 63'-- 15
omit, insert-- 16
`Sections 82 to 85'. 17
30 Section 39(1), `division 1'-- 18
omit, insert-- 19
`part 2'. 20
31 Section 39(1)(e), `section 40'-- 21
omit, insert-- 22
`section 62'. 23
Page 520
Criminal History Screening Legislation Amendment Bill 2010
Schedule 2
32 Section 41(1)(a) and (b)-- 1
omit, insert-- 2
`(a) making it under section 59; or 3
(b) assessing it under section 60.'. 4
33 Section 43(5), `section 32'-- 5
omit, insert-- 6
`section 54'. 7
34 Section 44(3), `section 43'-- 8
omit, insert-- 9
`section 65'. 10
35 Section 47, 51(5), 60 and 73(1), `subdivision'-- 11
omit, insert-- 12
`division'. 13
36 Section 51(1)(a), `section 48'-- 14
omit, insert-- 15
`section 70'. 16
37 Section 51(1)(b), `section 50'-- 17
omit, insert-- 18
`section 72'. 19
38 Sections 57 and 58(1) and (2), `section 56'-- 20
omit, insert-- 21
`section 78'. 22
Page 521
Criminal History Screening Legislation Amendment Bill 2010
Schedule 2
39 Section 62(1), `section 61'-- 1
omit, insert-- 2
`section 83'. 3
40 Section 63(3), `section 62(2)(a) to (c)'-- 4
omit, insert-- 5
`section 84(2)(a) to (c)'. 6
41 Section 64A, `section 64(a)'-- 7
omit, insert-- 8
`section 86(a)'. 9
42 Section 64B, `section 64(b) or (c)'-- 10
omit, insert-- 11
`section 86(b) or (c)'. 12
43 Section 70(1), `section 69(1)(a)'-- 13
omit, insert-- 14
`section 94(1)(a)'. 15
44 Section 75(1)(d), `section 74'-- 16
omit, insert-- 17
`section 99'. 18
45 Section 76A(5), definition relevant child, `section 64(b) or 19
(c)'-- 20
omit, insert-- 21
`section 86(b) or (c)'. 22
Page 522
Criminal History Screening Legislation Amendment Bill 2010
Schedule 2
46 Section 77(1)(c) and (2)(b), `section 67(1)'-- 1
omit, insert-- 2
`section 92(1)'. 3
47 Section 82(3), `section 81(5)'-- 4
omit, insert-- 5
`section 107(5)'. 6
48 Section 89A, definition appointed members, `section 7
89F(1)(c)'-- 8
omit, insert-- 9
`section 120(1)(c)'. 10
49 Section 89A, definition CDCRC, `section 89B'-- 11
omit, insert-- 12
`section 116'. 13
50 Section 89A, definition CDCRC member, `section 14
89F(1)(a) or (b)'-- 15
omit, insert-- 16
`section 120(1)(a) or (b)'. 17
51 Section 89A, definition review criteria, `section 89S'-- 18
omit, insert-- 19
`section 133(1)'. 20
52 Section 89G(1)(a), `section 89F(3)(a)'-- 21
omit, insert-- 22
`section 120(3)(a)'. 23
Page 523
Criminal History Screening Legislation Amendment Bill 2010
Schedule 2
53 Section 89G(1)(b), `section 89F(3)(b)'-- 1
omit, insert-- 2
`section 120(3)(b)'. 3
54 Section 89H(1)(a)(ii), `section 89F'-- 4
omit, insert-- 5
`section 120'. 6
55 Section 89I, `Sections 89F(3) and 89H'-- 7
omit, insert-- 8
`Sections 120(3) and 122'. 9
56 Section 89K(b), `section 89L'-- 10
omit, insert-- 11
`section 126'. 12
57 Section 89Q(7)(b), `section 89T'-- 13
omit, insert-- 14
`section 134'. 15
58 Section 89Q(8), `section 89U(2)'-- 16
omit, insert-- 17
`section 135(2)'. 18
59 Section 89T(2), `section 89U(1)'-- 19
omit, insert-- 20
`section 135(1)'. 21
Page 524
Criminal History Screening Legislation Amendment Bill 2010
Schedule 2
60 Section 89W(1) and (3)(b), `section 89V'-- 1
omit, insert-- 2
`section 136'. 3
61 Section 89X(1)(b), `section 89E'-- 4
omit, insert-- 5
`section 119'. 6
62 Section 89X(1)(c), `section 89ZB'-- 7
omit, insert-- 8
`section 142'. 9
63 Section 89X(2)(a)(iii), `section 89G'-- 10
omit, insert-- 11
`section 121'. 12
64 Section 89Z(3), definition relevant person, paragraph (b), 13
`section 89E'-- 14
omit, insert-- 15
`section 119'. 16
65 Section 89Z(3), definition relevant person, paragraph (c), 17
`section 89ZB'-- 18
omit, insert-- 19
`section 142'. 20
66 Section 89ZA(2), `section 89T(2)'-- 21
omit, insert-- 22
`section 134(2)'. 23
Page 525
Criminal History Screening Legislation Amendment Bill 2010
Schedule 2
67 Section 89ZF(2), `section 89ZE'-- 1
omit, insert-- 2
`section 145'. 3
68 Sections 7A-94-- 4
renumber as sections 8 to 153. 5
69 Section 128A, definition child-related employment 6
decision, from `decision'-- 7
omit, insert-- 8
`chapter 8 reviewable decision'. 9
70 Section 128F(1), `section 128E'-- 10
omit, insert-- 11
`section 362'. 12
71 Section 128H(1)(b) and 128I(1)(b), `section 128J'-- 13
omit, insert-- 14
`section 367'. 15
72 Section 140A(1), editor's note-- 16
omit, insert-- 17
`Note-- 18
Reviewable decisions under the Child Protection Act 1999 are in 19
schedule 2 of that Act. See schedule 3, definition reviewable 20
decision of that Act.'. 21
73 Section 140A(5), `section 140B'-- 22
omit, insert-- 23
`section 370'. 24
Page 526
Criminal History Screening Legislation Amendment Bill 2010
Schedule 2
74 Section 153(1), `section 152(1)(b) or (2)(b)'-- 1
omit, insert-- 2
`section 384(1)(b) or (2)(b)'. 3
75 Section 153(5)(a) and 163A(c), `section 163'-- 4
omit, insert-- 5
`section 395'. 6
76 Section 154(1), `Section 153'-- 7
omit, insert-- 8
`Section 385'. 9
77 Section 163(3)(b), from `part 6'-- 10
omit, insert-- 11
`chapter 8 including confidential information to which section 345 12
or 385 applies or that is mentioned in section 384(1)(b).'. 13
78 Section 164A(1), from `part 6'-- 14
omit, insert-- 15
`chapter 8 in relation to-- 16
(a) a person who is or is likely to be engaged in regulated 17
employment mentioned in schedule 1, section 14; or 18
(b) a regulated business mentioned in schedule 1, section 19
24.'. 20
79 Section 231, `and 2B'-- 21
omit, insert-- 22
`and 4'. 23
Page 527
Criminal History Screening Legislation Amendment Bill 2010
Schedule 2
80 Sections 128A-231-- 1
renumber as sections 358 to 464. 2
81 Schedule 7 (as renumbered), definitions appointed 3
members, CDCRC, CDCRC member, child-related 4
employment decision, commencement, constituting 5
members, government service provider, in the child 6
safety system, licensee, notice for information, original 7
reviews, parent, policies, private service provider, QCAT 8
child-related employment review, QCAT president, 9
relevant provider, relevant service providers, reviewable 10
decision, review criteria, service provider, visitable home 11
and visitable site-- 12
omit. 13
82 Schedule 7 (as renumbered)-- 14
insert-- 15
`appointed members, for chapter 6, part 1, see section 115. 16
CDCRC, for chapter 6, part 1, see section 115. 17
CDCRC member, for chapter 6, part 1, see section 115. 18
child-related employment decision see section 358. 19
commencement-- 20
(a) for chapter 11, part 5--see section 413; or 21
(b) for chapter 11, part 9--see section 441; or 22
(c) for chapter 11, part 11--see section 451; or 23
(d) for chapter 11, part 13--see section 465. 24
constituting members, for chapter 9, part 1, see section 358. 25
government service provider see section 10. 26
in the child safety system see section 13. 27
licensee, for chapter 3, see section 39(b). 28
notice for information see section 67(1). 29
original reviews, for chapter 6, part 1, see section 115. 30
Page 528
Criminal History Screening Legislation Amendment Bill 2010
Schedule 2
parent see section 390. 1
policies, for chapter 6, part 1, see section 115. 2
private service provider see section 11. 3
QCAT child-related employment review, for chapter 9, part 1, 4
see section 358. 5
QCAT president, for chapter 9, part 1, see section 358. 6
relevant provider, for chapter 4, see section 61(1)(a). 7
relevant service providers, for chapter 3, see section 39. 8
reviewable decision, for chapter 10, part 1, see section 369. 9
review criteria, for chapter 6, part 1, see section 115. 10
service provider see section 9. 11
visitable home see section 88. 12
visitable site see section 87.'. 13
83 Schedule 7 (as renumbered), definition advisory 14
committee, `part 5'-- 15
omit, insert-- 16
`chapter 7'. 17
84 Schedule 7 (as renumbered), definition approved form, 18
`section 166'-- 19
omit, insert-- 20
`section 400'. 21
85 Schedule 7 (as renumbered), definition assistant 22
commissioner, `section 28A'-- 23
omit, insert-- 24
`section 34'. 25
Page 529
Criminal History Screening Legislation Amendment Bill 2010
Schedule 2
86 Schedule 7 (as renumbered), definition child guardian 1
functions, `section 15(2)'-- 2
omit, insert-- 3
`section 17(2)'. 4
87 Schedule 7 (as renumbered), definition monitoring 5
functions, `section 15AA'-- 6
omit, insert-- 7
`section 18'. 8
88 Schedule 7 (as renumbered), definition work, `part 6'-- 9
omit, insert-- 10
`chapter 8'. 11
Page 530
Criminal History Screening Legislation Amendment Bill 2010
Schedule 3
Schedule 3 Minor amendments of other 1
Acts 2
section 248 3
Adoption Act 2009 4
1 Section 235(3)(d), `section 11A'-- 5
omit, insert-- 6
`section 13'. 7
2 Schedule 3, definition disqualification order, paragraph 8
(a), `section 126C'-- 9
omit, insert-- 10
`section 357'. 11
3 Schedule 3, definition disqualifying offence, `section 12
120B'-- 13
omit, insert-- 14
`section 168'. 15
Births, Deaths and Marriages Registration Act 2003 16
4 Section 48B(6), definition child death research functions, 17
`part 4A, division 2'-- 18
omit, insert-- 19
`chapter 6, part 2'. 20
Page 531
Criminal History Screening Legislation Amendment Bill 2010
Schedule 3
Coroners Act 2003 1
5 Schedule 2, definition child death research functions, 2
`part 4A, division 2'-- 3
omit, insert-- 4
`chapter 6, part 2'. 5
Education (General Provisions) Act 2006 6
6 Schedule 4, definition serious offence, `schedule 4'-- 7
omit, insert-- 8
`schedule 7'. 9
Grammar Schools Act 1975 10
7 Section 46G(5), `part 6'-- 11
omit, insert-- 12
`chapter 8'. 13
Ombudsman Act 2001 14
8 Section 57B(1)(b) and (4), definition CDCRC, `part 4A, 15
division 1'-- 16
omit, insert-- 17
`chapter 6, part 1'. 18
Page 532
Criminal History Screening Legislation Amendment Bill 2010
Schedule 3
Public Health Act 2005 1
9 Section 196(3), `section 46'-- 2
omit, insert-- 3
`section 68'. 4
Transport Operations (Passenger Transport) Act 1994 5
10 Schedule 3, definition category B driver disqualification 6
offence, paragraph (a)(i), `or 2A'-- 7
omit, insert-- 8
`or 3'. 9
© State of Queensland 2010
Page 533
AMENDMENTS TO BILL
Criminal History Screening Legislation Amendment Bill 2010
Criminal History Screening Legislation
Amendment Bill 2010
Amendments agreed to during Consideration
1 Clause 2 (Commencement)
Page 34, line 10--
omit, insert--
`(b) part 12.'.
2 Clause 58 (Replacement of pt 6 (Screening for regulated
employment and regulated businesses))
Page 75, line 2, `notice.'--
omit, insert--
`notice;
(d) persons about whom the person is notified under section
339.'.
3 Clause 103 (Replacement of s 90 (When person without
current positive notice may be engaged))
(1) Page 308, line 17, after `persons'--
insert--
`other than volunteers'.
(2) Page 309, line 2, `engagement.'--
omit, insert--
`engagement; and
(d) under the proposed engagement, the person is to be
engaged by the service provider other than as a
volunteer.'.
Page 1
Criminal History Screening Legislation Amendment Bill 2010
(3) Page 309, line 24, after `persons'--
insert--
`other than volunteers'.
(4) Page 310, line 5, `engagement.'--
omit, insert--
`engagement; and
(d) under the proposed engagement, the person is to be
engaged by the service provider other than as a
volunteer.'.
(5) Page 310, line 27, after `persons'--
insert--
`other than volunteers'.
(6) Page 310, line 31, after `provider'--
insert--
`other than as a volunteer'.
(7) Page 311, line 20, `units.'.'--
omit, insert--
`units.
`90C Starting engagement of volunteers
`(1) A funded non-government service provider must not engage a
volunteer at a service outlet of the service provider unless--
(a) the volunteer has a current positive notice and the
service provider has notified, in the approved form, the
chief executive that the service provider is proposing to
engage the volunteer at a service outlet of the service
provider; or
(b) the service provider has applied for a prescribed notice,
or a further prescribed notice, about the volunteer.
Page 2
Criminal History Screening Legislation Amendment Bill 2010
Maximum penalty--
(a) for an individual guilty under chapter 2 of the Criminal
Code of an offence or for section 206--50 penalty units;
or
(b) for a funded non-government service provider--250
penalty units.
Note--
See section 78(6) for particular volunteers who are not volunteers engaged by a
non-government service provider.
`(2) The approved form mentioned in subsection (1)(a) must
include provision for--
(a) identifying information about the volunteer; and
(b) certification by the funded non-government service
provider that the service provider has sighted
documents, relating to proof of the volunteer's identity,
prescribed under a regulation.'.'.
4 Clause 104 (Amendment of s 90 (Starting engagement of
certain regular engaged persons))
(1) Page 311, line 22, after `persons'--
insert--
`other than volunteers'.
(2) Page 311, lines 23 to 28--
omit.
5 Clause 105 (Amendment of s 90A (Starting engagement
of new engaged persons))
(1) Page 312, line 5, after `persons'--
insert--
`other than volunteers'.
(2) Page 312, lines 6 to 11--
omit.
Page 3
Criminal History Screening Legislation Amendment Bill 2010
6 Clause 106 (Amendment of s 90B (Continuing
engagement of persons))
(1) Page 312, line 19, after `persons'--
insert--
`other than volunteers'.
(2) Page 312, lines 20 to 25--
omit.
7 Clause 107 (Insertion of new ss 90C and 90D)
(1) Page 313, lines 6 to 8--
omit, insert--
`107 Replacement of s 90C (Starting engagement of
volunteers)
Section 90C--
omit, insert--'.
(2) Page 314, lines 6 to 24--
omit, insert--
`90D Currency of prescribed notice for volunteer continuing
engagement
`(1) This section applies if--
(a) a volunteer engaged by a funded non-government
service provider at a service outlet of the service
provider has a positive notice (the previous notice); and
(b) the service provider applied for a further prescribed
notice or an exemption notice about the volunteer at
least 30 days before the previous notice expires; and
(c) the application has not been decided.
`(2) Despite section 89(2), the previous notice remains current
from the day it would otherwise end under that subsection
until the application is decided or withdrawn unless the
previous notice is earlier cancelled under division 6.
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Criminal History Screening Legislation Amendment Bill 2010
Note--
See, however, section 104 for the effect of a suspension of a positive
notice.'.'.
8 Clause 156 (Insertion of new pt 16, div 5)
(1) Page 393, line 5, `Subject to subsection (3), this'--
omit, insert--
`This'.
(2) Page 393, lines 10 to 17--
omit.
(3) Page 399, line 8, `subdivision 3 commenced'--
omit, insert--
`the commencement'.
(4) Page 400, line 6, `subdivision 3 commenced'--
omit, insert--
`the commencement'.
(5) Page 402, after line 25--
insert--
`278A Currency of existing prescribed notices
`(1) A positive notice in force at the commencement remains
current for 2 years after it was issued under the unamended
Act, unless it is earlier cancelled under part 10, division 6.
`(2) Subsection (1) applies despite section 89(2).'.
(6) Page 406, lines 8 to 21--
omit, insert--
`(1) This section applies if--
(a) immediately before the commencement, a person was
engaged by a funded non-government service provider
at a service outlet of the service provider as a volunteer;
and
Page 5
Criminal History Screening Legislation Amendment Bill 2010
(b) at the commencement--
(i) the person does not have a current positive notice;
and
(ii) there is a current prescribed notice application
about the person.
`(2) The funded non-government service provider--
(a) may continue to engage the person in the regulated
engagement even though the person does not have a
current positive notice; and
(b) does not commit an offence against section 90C for the
continued engagement.
`(3) Subsection (2) applies until the earlier of the following--
(a) 12 months after the commencement;
(b) the funded non-government service provider is given a
notice by the chief executive that a negative notice has
been issued to the person or the application is
withdrawn.'.
9 Clause 175 (Amendment of s 15 (Criminal history check
etc.))
Page 438, lines 28 to 31--
omit, insert--
`(ii) has not, under section 15D, been advised that the
college may need to have regard to the matters
mentioned in section 11(1) for deciding whether
the applicant is suitable to teach; and'.
10 Clause 182 (Amendment of s 57 (Effect of appeal on
cancellation))
Page 446, line 6--
omit, insert--
`(2) Section 57(3), from `or an order' to `(iii)'--'.
Page 6
Criminal History Screening Legislation Amendment Bill 2010
11 Clause 200 (Insertion of new ch 12, pt 11)
Page 463, lines 22 to 24--
omit, insert--
`from the commencement applies in relation to the request.'.
12 Clause 203 (Amendment of s 93AA (Unauthorised
possession of, or dealing in, s 93A criminal statements))
(1) Page 468, lines 23 to 27--
omit, insert--
`(2C) A person does not commit an offence against subsection
(1)(b) if the person supplies, or offers to supply, a written
summary of a section 93A transcript that is in the person's
possession under subsection (2B)--
(a) to a relevant CCYPCG applicant; and
(b) for a legitimate purpose directly related to the making of
a CCYPCG employment-screening decision.'.
(2) Page 469, lines 1 to 6--
omit, insert--
`(b) the copying is done for the purpose of making a
CCYPCG employment-screening decision.
`(2E) A relevant CCYPCG applicant--
(a) does not commit an offence against subsection (1)(a) by
possessing a written summary of a section 93A
transcript, if the summary--
(i) was given to the applicant under subsection (2C);
and
(ii) is in the applicant's possession, at the relevant
time, for a legitimate purpose directly related to the
making of a CCYPCG employment-screening
decision; and
(b) does not commit an offence against subsection (1)(b) if
the applicant supplies, or offers to supply, a written
summary of a section 93A transcript that is in the
Page 7
Criminal History Screening Legislation Amendment Bill 2010
applicant's possession under paragraph (a), or a copy of
the summary--
(i) to an Australian lawyer; and
(ii) for the purpose of obtaining legal advice directly
related to the making of a CCYPCG
employment-screening decision; and
(c) does not commit an offence against subsection (1)(c)
if--
(i) the applicant copies, or permits a person to copy, a
written summary of a section 93A transcript that is
in the applicant's possession under paragraph (a);
and
(ii) the copying is done so that a copy of the summary
can be given to an Australian lawyer for the
purpose of obtaining legal advice directly related
to the making of a CCYPCG
employment-screening decision.
`(2F) An Australian lawyer does not commit an offence against
subsection (1)(a) by possessing a written summary of a
section 93A transcript, or a copy of a written summary of a
section 93A transcript, if the summary or copy--
(a) was given to the lawyer under subsection (2E) by a
relevant CCYPCG applicant; and
(b) is in the lawyer's possession, at the relevant time, for the
purpose of providing legal advice directly related to the
making of a CCYPCG employment-screening decision
about the applicant.'.
`(3) Section 93AA(3)--
insert--
`Australian lawyer has the meaning given by the Legal
Profession Act 2007.
CCYPCG Act means the Commission for Children and Young
People and Child Guardian Act 2000.'.
© State of Queensland 2010
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