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Criminal History Screening Legislation Amendment Bill 2010
Criminal History Screening Legislation
Amendment Bill 2010
Explanatory Notes for Amendments to be
moved during consideration in detail by the
Honourable Karen Struthers MP
Title of the Bill
Criminal History Screening Legislation Amendment Bill 2010
Objective of the Amendments
The objective of the amendments is to ensure the desired policy objectives
can be achieved in full and as intended, achieve the intent of the proposed
staged implementation of the changes, correct an incorrect reference and
make minor typographical corrections.
Achievement of the Objectives
The objectives are achieved by making amendments to the Criminal
History Screening Legislation Amendment Bill 2010 (the Bill) as outlined
below.
Estimated Cost for Government Implementation
It is estimated that the passage of the amendments will result in
implementation costs already proposed for implementation of the Bill in
relation to the:
· communication of changes to stakeholders, and
· revision of forms.
Consistency with Fundamental Legislative Principles
The amendments do not conflict with Fundamental Legislative Principles.
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Criminal History Screening Legislation Amendment Bill 2010
Consultation
There has been no community consultation on the amendments.
Consultation with relevant government stakeholders has occurred.
Notes on Provisions
Amendment 1 amends clause 58 to insert subsection (d) to clarify that
employees in regulated employment for which an employer is required to
develop and implement a risk management strategy about, to include
persons for whom the employer has been notified there has been a change
in police information under section 339. This subsection is substantially
similar to the existing subsection in 99G(5)(d) under the unamended
Commission for Children and Young People and Child Guardian Act 2000.
Amendment 2 amends clause 103 in relation to the Disability Services Act
2006 to clarify that sections 90, 90A and 90B do not apply to volunteers
and makes a minor typographical correction in section 90B. Additionally a
new section 90C is inserted to clarify the circumstances for engaging a
volunteer at a service outlet. This is required due to the proposed staged
implementation of the changes.
Amendment 3 amends clause 104 in relation to the Disability Services Act
2006 to achieve the intent of the proposed staged implementation of the
changes.
Amendment 4 amends clause 105 in relation to the Disability Services Act
2006 to achieve the intent of the proposed staged implementation of the
changes.
Amendment 5 amends clause 106 in relation to the Disability Services Act
2006 to achieve the intent of the proposed staged implementation of the
changes.
Amendment 6 amends clause 107 in relation to the Disability Services Act
2006 to clarify this section will replace section 90C and inserts a new
section 90D to provide for the continued engagement of a volunteer where
an application has been submitted 30 days prior to expiry of the person's
positive notice. These amendments are necessary to achieve the desired
policy objectives and achieve the intent of the proposed staged
implementation of the changes.
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Criminal History Screening Legislation Amendment Bill 2010
Amendment 7 amends clause 156 in relation to the Disability Services Act
2006 to:
· clarify that the proposed renewal period from two to three years
commences in stage 2 to achieve the intent of the proposed staged
implementation of the changes
· inserts new section 278A due to the omission of section 263 to clarify
the currency of existing prescribed notices upon the commencement
of the changed renewal period in stage 2
· inserts changes to section 287 to clarify the obligations on service
providers in relation to the commencement of section 90C.
Amendment 8 amends clause 175 in relation to the Education
(Queensland College of Teachers) Act 2005 due to an incorrect reference in
relation to section 15D.
Amendment 9 amends clause 182 in relation to the Education
(Queensland College of Teachers) Act 2005 to make a typographical
correction.
Amendment 10 amends clause 200 in relation to the Education
(Queensland College of Teachers) Act 2005 to clarify a transitional
arrangement for the purpose of requests made before commencement for
obtaining particular information from the police commissioner about
particular persons.
Amendment 11 amends clause 203 in relation to the Evidence Act 1977 to
clarify the circumstances for when a CCYPCG applicant or their lawyer do
not commit certain offences when a summary of a section 93A transcript
has been provided in relation to the making of an employment screening
decision. Without the amendments a summary may be provided to the
applicant but they may be liable for certain offences if the applicant is in
possession of, supplies, offers to supply, copies or permits a person to copy
the summary. Additionally, clarification was required to ensure the
applicant was able to obtain legal advice in relation to the summary and the
lawyer did not commit an offence.
© State of Queensland 2010
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