Queensland Numbered Acts

WORKING WITH CHILDREN (RISK MANAGEMENT AND SCREENING) AND OTHER LEGISLATION AMENDMENT ACT 2024 - SECT 111

111 Insertion of new ch 10, pts 1 and 1A

Chapter 10 —
insert —

Part 1 - Requirement to keep register about persons employed in regulated employment

369 Employer must keep register

(1) This section applies to a person (the
"employer" ) who employs another person (an
"employee" ) in regulated employment.

(2) The employer must keep a register that complies with subsection (3) about the employer’s employees.

Penalty—

Maximum penalty—50 penalty units.

(3) The register must include—

(a) the name and date of birth of each employee who has made a working with children check application; and

(b) for each employee who holds a working with children authority—

(i) the name and date of birth of the employee; and

(ii) the day the term of the employee’s authority ends; and

(iii) any reference number or other identifying number given by the chief executive for the employee’s authority; and

(c) for each employee who is employed in restricted employment—

(i) the name and date of birth of the employee; and

(ii) whether the employer considers the employee is a restricted person; and

(d) the name and date of birth of each employee who is not required to apply for a working with children authority.

Part 1A - Powers to audit and monitor for compliance

370 Purpose of part The purpose of this part is to set out the powers the chief executive may use when performing the function of auditing or monitoring compliance under section 8(b).

370A Application of part

(1) This part applies in relation to the following persons or entities—

(a) a person in regulated employment;

(b) a person or entity who employs another person in regulated employment;

(c) a regulated business;

(d) a person performing a child-related duty in a public sector entity;

(e) any other person the chief executive reasonably considers may hold information relevant to the chief executive’s main functions under section 8.

(2) In this section—

"child-related duty" see the Public Sector Act 2022 , section 57.

370B Obtaining information from persons

(1) The chief executive may, by written notice, ask a person for information that the chief executive reasonably believes is necessary for the chief executive to perform the function under section 8(b) of auditing or monitoring compliance with this Act.

(2) The chief executive may state the way the person must give the information to the chief executive, including that the information be given—

(a) in a statement setting out the information related to the matters being audited or monitored; or

(b) as documents related to the matters being audited or monitored.

(3) The person must comply with the request on or before the day stated in the notice unless the person has a reasonable excuse.

Penalty—

Maximum penalty—50 penalty units.

370C Dealing with information obtained under part

(1) The chief executive may do the following with documents obtained under this part—

(a) keep the documents for the period necessary for the chief executive to perform the function under section 8(b) of auditing or monitoring compliance with this Act;

(b) make copies of, or take extracts from, the documents.

(2) If the chief executive has possession of the documents, the chief executive must permit a person, who would be entitled to inspect the documents if the chief executive did not have possession, to inspect the documents at all reasonable times.