Queensland Numbered Acts

WORKING WITH CHILDREN (RISK MANAGEMENT AND SCREENING) AND OTHER LEGISLATION AMENDMENT ACT 2024

- As at 19 September 2024
- Act 50 of 2024

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Short title
   2.      Commencement

   PART 2 - AMENDMENT OF CHILD PROTECTION ACT 1999

   3.      Act amended
   4.      Amendment of s 135 (Restrictions on granting application)
   4A.     Amendment of s 136 (Refusal of application)
   5.      Amendment of s 139 (Authority may be suspended or cancelled)
   6.      Amendment of s 140AB (Definitions for sdiv 3)
   7.      Amendment of s 140AC (Immediate suspension)
   8.      Amendment of s 140AF (End of suspension)
   9.      Amendment of s 140AG (Cancellation of certificate of approval)
   10.     Insertion of new ch 9, pt 14
   10A.    Amendment of sch 2 (Reviewable decisions and aggrieved persons)
   11.     Schedule 3 (Dictionary)

   PART 3 - AMENDMENT OF CHILDRENS COURT ACT 1992

   12.     Act amended
   13.     Insertion of new s 28AA
   14.     Insertion of new pt 7, div 6

   PART 4 - AMENDMENT OF DISABILITY SERVICES ACT 2006

   15.     Act amended
   16.     Insertion of new s 43A
   17.     Amendment of ss 47, 48, 61, 66, 84 and 113
   18.     Amendment of s 138M (Obtaining information from director of public prosecutions)
   19.     Amendment of s 138N (Obtaining information from chief executive (corrective services))
   20.     Amendment of s 138R (Request for other information about relevant person from prescribed entities)
   21.     Amendment of s 138V (Obtaining report about person’s mental health from registered health practitioner)
   22.     Amendment of s 138ZD (Giving information authorised despite other laws)
   23.     Insertion of new pt 5, div 8, sdiv 8A
   24.     Omission of s 227 (Confidentiality of police, disciplinary, mental health and other protected information)
   25.     Amendment of s 228 (Confidentiality of other information)
   26.     Amendment of s 239 (Regulation-making power)
   27.     Insertion of new pt 9, div 14
   28.     Amendment of sch 8 (Dictionary)

   PART 5 - AMENDMENT OF WORKING WITH CHILDREN (RISK MANAGEMENT AND SCREENING) ACT 2000

   29.     Act amended
   30.     Amendment of s 6 (Principles for administering this Act)
   31.     Amendment of s 8 (Chief executive’s main functions)
   32.     Amendment of s 10 (What is employment)
   33.     Insertion of new s 12A
   34.     Amendment of s 15 (What is a serious offence)
   35.     Amendment of s 16 (What is a disqualifying offence)
   36.     Amendment of s 17 (Who is a disqualified person)
   37.     Replacement of s 18 (Who is a relevant disqualified person)
   38.     Amendment of s 156 (Regulated employment)
   39.     Replacement of ss 158 and 159
   40.     Amendment of s 176H (Definitions for division)
   41.     Omission of ch 8, pt 1 (Restrictions on making working with children check applications)
   42.     Insertion of new s 186
   43.     Amendment of s 187A (Application combined with disability worker screening application)
   44.     Amendment of s 188 (Form of application)
   45.     Omission of s 192 (Effect of application by disqualified person)
   46.     Amendment of s 193 (Effect of application by negative notice holder)
   47.     Amendment of s 193A (Effect of interim bar imposed by chief executive (disability services))
   48.     Replacement of s 194 (Application of part)
   49.     Amendment of s 196A (Withdrawal of combined application)
   50.     Amendment of s 197 (Deemed withdrawal—identity can not be established)
   51.     Replacement of s 198 (Deemed withdrawal—failure to comply with particular requests)
   52.     Amendment of s 199 (Deemed withdrawal—applicant charged with serious offence or disqualifying offence etc.)
   53.     Amendment of s 200 (Deemed withdrawal—applicant no longer police officer or registered teacher)
   54.     Amendment of s 201 (Deemed withdrawal—adverse interstate WWC decision in effect)
   55.     Amendment of ch 8, pt 4 (Working with children clearances)
   56.     Replacement of ch 8, pt 4, divs 9 and 10
   57.     Omission of ch 8, pt 5 (Working with children exemptions)
   58.     Amendment of s 294 (Chief executive’s decisions under this part)
   59.     Amendment of s 295 (Application of division)
   60.     Amendment of s 297 (Notifiable persons and potential employers notified about suspension)
   61.     Amendment of s 298 (Effect of suspension of working with children authority)
   62.     Amendment of s 299 (When suspension of authority ends)
   63.     Replacement of s 300 (Chief executive’s decision about suspended authority)
   64.     Amendment of s 301 (Chief executive decides to cancel suspended authority)
   65.     Amendment of s 302 (Chief executive decides not to cancel suspended authority)
   66.     Amendment of s 303 (Cancelling authority if relevant disqualified person)
   67.     Amendment of s 304 (Cancelling authority issued because of wrong or incomplete information)
   68.     Amendment of s 304A (Cancelling authority because of subsequent information)
   69.     Amendment of s 304B (Action after decision)
   70.     Amendment of s 304C (Notifiable persons and potential employers notified about cancellation)
   71.     Amendment of s 304D (Request to cancel working with children authority)
   72.     Amendment of s 304F (Notifiable persons and potential employers notified about cancellation)
   73.     Amendment of s 304G (Application to cancel negative notice)
   74.     Insertion of new ss 304HA and 304HB
   75.     Amendment of s 304I (Deciding application)
   76.     Amendment of s 304K (No longer relevant disqualified person)
   77.     Amendment of s 304N (Action after making decision)
   78.     Amendment of s 307 (Appeal against police commissioner’s decision that information is investigative information)
   79.     Amendment of s 309 (Consequence of decision on appeal)
   80.     Amendment of s 310 (Application of division)
   81.     Amendment of s 312 (Police commissioner to comply with request)
   82.     Amendment of s 313 (Information to be given about relevant disqualified person)
   83.     Amendment of s 315A (Chief executive’s request for domestic violence information about person)
   84.     Amendment of s 316 (Use of information given to police commissioner)
   85.     Amendment of s 317 (Notice of change in police information about a person)
   86.     Omission of s 322 (Effect of conviction for serious offence)
   87.     Insertion of new ch 8, pt 6, div 5, sdiv 1, hdg
   88.     Insertion of new ch 8, pt 6, div 5, sdiv 2, hdg
   89.     Insertion of new ch 8, pt 6, div 5, sdiv 3
   90.     Amendment of s 329 (Application of div 6)
   91.     Amendment of s 330 (Chief executive may request person to undergo examination by registered health practitioner etc.)
   92.     Amendment of s 332 (Registered health practitioner obtaining information from Mental Health Court)
   93.     Amendment of s 333 (Registered health practitioner obtaining information from Mental Health Review Tribunal)
   94.     Amendment of s 337 (Chief executive may obtain particular information from Mental Health Court)
   95.     Amendment of s 338 (Chief executive may obtain particular information from Mental Health Review Tribunal)
   96.     Replacement of s 343 (Chief executive must give information about particular persons to college of teachers)
   97.     Amendment of s 344 (Giving information to chief executive (disability services))
   98.     Insertion of new ch 8, pt 6, div 8A
   99.     Amendment of s 344AA (Chief executive to give notice to notifiable persons etc. about a change in police information)
   100.    Amendment of s 344A (Chief executive may give authorised entities particular information)
   101.    Amendment of s 345C (Giving information to interstate screening units)
   102.    Amendment of s 348 (Replacement card for change of name or contact details)
   103.    Omission of s 349 (Holder must notify change of regulated employment or regulated business)
   104.    Amendment of s 351 (False or misleading disclosure)
   105.    Amendment of s 352 (False or misleading documents)
   106.    Replacement of s 353 (Definitions for div 3)
   107.    Amendment of s 354 (Person may apply for review of chapter 8 reviewable decision)
   108.    Amendment of s 354A (Stay of operation of particular decisions on application for review)
   109.    Insertion of new s 354B
   110.    Amendment of s 357 (Disqualification order)
   111.    Insertion of new ch 10, pts 1 and 1A
   112.    Amendment of s 384 (Confidentiality of protected information)
   113.    Amendment of s 385 (Confidentiality of other information)
   114.    Amendment of s 393 (Protection from liability)
   115.    Insertion of new s 396
   116.    Amendment of s 398A (Chief executive may arrange for use of information system)
   117.    Insertion of new s 398B
   118.    Amendment of s 401 (Regulation-making power)
   119.    Omission of ch 11, pts 1–12, 14 and 15
   120.    Insertion of new ch 11, pt 22
   121.    Amendment of sch 1, s 1 (Residential facilities)
   122.    Replacement of sch 1, s 3 (Schools—employees other than teachers and parents)
   123.    Amendment of sch 1, s 4 (Education and care services and similar employment)
   124.    Amendment of sch 1, s 4A (Child care and similar employment)
   125.    Insertion of new sch 1, s 4B
   126.    Replacement of sch 1, s 5 (Churches, clubs and associations involving children)
   127.    Amendment of sch 1, s 6 (Health, counselling and support services)
   128.    Replacement of sch 1, s 9 (Child accommodation services including home stays)
   129.    Replacement of sch 1, s 11 (Sport and active recreation)
   130.    Insertion of new sch 1, s 11A
   131.    Amendment of sch 1, s 14 (Care of children under Child Protection Act 1999)
   132.    Amendment of sch 1, s 16 (Health, counselling and support services)
   133.    Insertion of new sch 1, ss 18B and 18C
   134.    Replacement of sch 1, ss 21 and 22
   135.    Omission of sch 1, s 28A (Employment of lawyers)
   136.    Replacement of schs 2 and 3
   137.    Amendment of sch 4 (Current disqualifying offences)
   138.    Amendment of sch 5 (Repealed or expired disqualifying offences)
   139.    Amendment of sch 7 (Dictionary)

   PART 6 - OTHER AMENDMENTS

   140.    Legislation amended
           SCHEDULE 1