Queensland Numbered Acts Queensland Numbered ActsChapter 11 —
insert—
602 Definitions for part In this part—
"amended Act" means this Act as in force from the commencement.
"amendment Act" means the Working with Children (Risk Management and Screening) and Other Legislation Amendment Act 2024 .
"former" , for a provision of this Act, see section 603(1).
"new" , for a provision of this Act, see section 603(2).
603 References to former or new provisions(1) A reference in a provision of this part (the
"transitional provision" ) to a
"former" provision of this Act is a reference to the provision as in force from time to time before the commencement of the transitional provision.(2) A reference in a provision of this part (the
"transitional provision" ) to a
"new" provision of this Act is a reference to the provision as in force from the commencement of the transitional provision.
604 Existing working with children authorities and negative notices(1) This section applies to the following authorities and notices in effect immediately before the commencement—(a) a working with children clearance issued under former section 220(2);(b) a working with children exemption issued under former section 282(2);(c) a negative notice issued under former section 220(3) or 282(3).(2) The authority or notice—(a) continues in effect; and(b) is taken to have been issued under the corresponding new provision for the former provision; and(c) despite paragraph (b), is taken to be for the same term that applied to the authority or notice immediately before the commencement.(3) In this section—
"corresponding new provision" , for a former provision, means—(a) for former section 220(2)—new section 226(2)(a); or(b) for former section 282(2)—new section 226(2)(b); or(c) for former section 220(3) or 282(3)—new section 226(3).
605 Existing eligibility application for person who is no longer disqualified person(1) This section applies if—(a) a person made an application for an eligibility declaration under former section 178; and(b) immediately before the commencement the application had not been decided, withdrawn, or taken to have been withdrawn; and(c) from the commencement the person is no longer a disqualified person.(2) The application is taken to be a working with children check application and for that purpose new chapter 8, part 4, division 9 applies.(3) Subject to subsection (4), anything done in relation to the application under former chapter 8, part 1, former chapter 8, part 4, division 9 or former chapter 8, part 5, division 8 is taken to have been done in relation to the application under new chapter 8, part 4, division 9.(4) If the chief executive invited submissions from a person under former section 229 and the person made submissions to the chief executive, whether before or after the commencement, the chief executive may either—(a) give the person a written notice under new section 235 and consider any submissions made by the person under that section; or(b) issue a working with children authority.
606 Existing eligibility application for person who is disqualified person after commencement(1) This section applies if—(a) a person made an application for an eligibility declaration under former section 178; and(b) immediately before the commencement the application had not been decided, withdrawn, or taken to have been withdrawn; and(c) from the commencement, the person is a disqualified person.(2) The application is taken to be withdrawn.(3) The chief executive must give a written notice to the person stating that—(a) the application is withdrawn; and(b) the reason for the withdrawal.
607 Existing eligibility declaration(1) This section applies to a person—(a) issued an eligibility declaration that is in effect immediately before the commencement; or(b) taken to have been issued an eligibility declaration under former section 181 or 456(2)(a) that is in effect immediately before the commencement.(2) The eligibility declaration ends on the commencement.(3) The disqualifying offence the person was convicted of, that was considered by the chief executive as part of the application for an eligibility declaration (the
"applicable disqualifying offence" ), is taken to be a serious offence for—(a) a working with children check application made after the commencement; or(b) a decision made after the commencement under chapter 8, part 5A about the suspension or cancellation of an authority.(4) Despite subsection (3), an offence is not a serious offence if the offence was committed, or is alleged to have been committed, by a person when the person was a child.(5) However, if the conduct constituting or alleged to constitute an offence occurs between 2 dates, the first on which the person was a child and the second on which the person was an adult, the conduct is taken to occur when the person was an adult.(6) The person is taken to no longer be a disqualified person in relation to the applicable disqualifying offence.
608 Application to cancel negative notice made by disqualified person(1) This section applies if—(a) before the commencement of new section 304G, a person made an application to cancel a negative notice; and(b) from the commencement, the person is a disqualified person.(2) The application is taken to be withdrawn.(3) The chief executive must give a written notice to the person stating that—(a) the application is withdrawn; and(b) the reason for the withdrawal.
609 Application to cancel negative notice not decided(1) This section applies if—(a) before the commencement of new section 304G, an application to cancel a negative notice had been made but not decided or withdrawn; and(b) the application was made more than 2 years after the negative notice was issued; and(c) the person who made the application is not a disqualified person.Note—See section 608 in relation to an application to cancel a negative notice made by a disqualified person.(2) The application to cancel the person’s negative notice may be decided under new chapter 8, part 4, division 9.(3) Subject to subsection (4), anything done in relation to the application under former chapter 8, part 4, division 9 or former chapter 8, part 5, division 8 is taken to have been done in relation to the application under new chapter 8, part 4, division 9.(4) If the chief executive invited submissions from a person under former section 229 and the person made submissions to the chief executive, whether before or after the commencement, the chief executive may either—(a) give the person a written notice under new section 235 and consider any submissions made by the person under that section; or(b) issue a working with children authority.
610 Existing holders of negative notices(1) This section applies if—(a) a person holds a negative notice; and(b) the negative notice was issued before the commencement.(2) Despite new section 304G(2)(a), the person may apply to cancel the negative notice under new section 304G if the application is made more than 2 years after the notice was issued.
611 Definition for division In this division—
"amusement park" includes a park that is permanent or temporary but does not include an amusement arcade.
612 New regulated employment—legal support(1) This section applies if, immediately before the commencement—(a) a person was employed in employment, or was continuing in employment, mentioned in new schedule 1, section 6(1)(d); and(b) under former schedule 1, section 28A, chapter 7 of this Act did not apply to the employment of the person; and(c) the person does not hold a current working with children authority.(2) Sections 175, 176A, 176C and 176E do not apply in relation to the employment until—(a) 12 months after the commencement; or(b) if the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.
613 New regulated employment—child accommodation services for overnight camps(1) This section applies if, immediately before the commencement—(a) a person was employed in employment, or was continuing in employment, mentioned in new schedule 1, section 9(1)(b); and(b) the person does not hold a current working with children authority.(2) Sections 175, 176A, 176C and 176E do not apply in relation to the employment until—(a) 6 months after the commencement; or(b) if the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.
614 New regulated employment—gyms and play facilities(1) This section applies if, immediately before the commencement—(a) a person was employed in employment, or continuing in employment, mentioned in new schedule 1, section 11(1)(b); and(b) the person does not hold a current working with children authority.(2) Sections 175, 176A, 176C and 176E do not apply in relation to the employment until—(a) 6 months after the commencement; or(b) if the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.
615 New regulated employment—employment taking place at amusement park(1) This section applies if, immediately before the commencement—(a) a person was employed in employment, or was continuing in employment, mentioned in new schedule 1, section 11(1) or 11A; and(b) the employment took place at an amusement park; and(c) the person does not hold a current working with children authority.(2) Sections 175, 176A, 176C and 176E do not apply in relation to the employment until—(a) 12 months after the commencement; or(b) if the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.
616 New regulated employment—entertainment, beauty and photography(1) This section applies if, immediately before the commencement—(a) a person was employed in employment, or was continuing in employment, mentioned in new schedule 1, section 11A; and(b) the employee does not hold a current working with children authority.(2) Sections 175, 176A, 176C and 176E do not apply in relation to the employment until—(a) 6 months after the commencement; or(b) if the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.
617 New regulated businesses—legal support services(1) This section applies if, immediately before the commencement—(a) a person was carrying on a business mentioned in new schedule 1, section 16(1); and(b) the person is an Australian lawyer who may engage in legal practice in this State under the Legal Profession Act 2007 ; and(c) the person does not hold a working with children authority.(2) Sections 176B and 176G do not apply in relation to the person carrying on the business until—(a) 12 months after the commencement; or(b) if the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.
618 New regulated businesses—educational services and activities conducted inside school(1) This section applies if, immediately before the commencement—(a) a person was carrying on a business mentioned in new schedule 1, section 18C; and(b) the person does not hold a working with children authority.(2) Sections 176B and 176G do not apply in relation to the person carrying on the business until—(a) 6 months after the commencement; or(b) if the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.
619 New regulated businesses—child accommodation services for overnight camps(1) This section applies if, immediately before the commencement—(a) a person was carrying on a business mentioned in new schedule 1, section 21(1)(b); and(b) the person does not hold a working with children authority.(2) Sections 176B and 176G do not apply in relation to the person carrying on the business until—(a) 6 months after the commencement; or(b) if the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.
620 New regulated businesses—gyms and play facilities(1) This section applies if, immediately before the commencement—(a) a person carrying on a business mentioned in new schedule 1, section 22(1)(b); and(b) the person does not hold a current working with children authority.(2) Sections 176B and 176G do not apply in relation to the person carrying on the business until—(a) 6 months after the commencement; or(b) if the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.
621 New regulated businesses—business taking place at amusement park(1) This section applies if, immediately before the commencement—(a) a person was carrying on a business mentioned in new schedule 1, section 22(1) or 22A(1); and(b) the business took place at an amusement park; and(c) the person does not hold a working with children authority.(2) Sections 176B and 176G do not apply in relation to the person carrying on the business until—(a) 12 months after the commencement; or(b) if the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.
622 New regulated businesses—entertainment, beauty and photography services(1) This section applies if, immediately before the commencement—(a) a person was carrying on a business mentioned in new schedule 1, section 22A(1); and(b) the person does not hold a working with children authority.(2) Sections 176B and 176G do not apply in relation to the person carrying on the business until—(a) 6 months after the commencement; or(b) if the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.
623 Proceedings for offences against ss 176I and 176J for particular types of restricted employment(1) This section applies in relation to an offence against section 176I or 176J if—(a) the offence was committed by a person before, or both before and after, the commencement; and(b) under former schedule 1, section 3(2)(b), 4(4), 4A(2), 5(2) or 11(2)(b), the restricted employment referred to in section 176I or 176J was not regulated employment.(2) Without limiting the Acts Interpretation Act 1954 , section 20, a proceeding for the offence may be continued or started, and the person may be convicted of and punished for the offence, in accordance with this Act, as in force from time to time before the commencement.(3) Subsection (2) applies despite the Criminal Code , section 11.
624 Appeals not started on commencement(1) This section applies if—(a) before the commencement, the chief executive or another person had a right to an appeal, under the QCAT Act , against a decision of QCAT relating to a chapter 8 reviewable decision; and(b) on the commencement—(i) an appeal had not been commenced; and(ii) the time for starting the appeal had not ended.(2) If the chief executive or another person appeals the decision of QCAT, the entity hearing the appeal must hear and decide the appeal as if the amendment Act had not been enacted, in relation to the subject matter of the appeal.
625 Undecided reviews and appeals relating to negative notices(1) This section applies if, before the commencement—(a) the chief executive made a chapter 8 reviewable decision about a person as to whether there is an exceptional case for the person; and(b) because of the decision, the chief executive—(i) issued the person a negative notice; or(ii) refused to cancel a negative notice issued to the person; and(c) an application was made by a person under former section 354 for review of the decision; and(d) the application or appeal, and any proceeding in relation to the application or appeal, had not been decided or withdrawn.(2) The tribunal or court hearing the application or appeal must continue to hear and decide the appeal as if the amendment Act had not been enacted.
626 Application to chief executive for fresh decision about exceptional case(1) This section applies if—(a) before the commencement—(i) the chief executive made a chapter 8 reviewable decision about whether there is an exceptional case for a person (an
"exceptional case decision" ); and(ii) because of the exceptional case decision the chief executive—(A) issued the person a negative notice; or(B) refused to cancel a negative notice issued to the person; and(iii) the person had not applied for a review of the exceptional case decision under former section 354; and(b) on the commencement, the time for starting a review of the exceptional case decision had not ended.(2) The person may apply to the chief executive for the exceptional case decision to be redetermined as if the application were a fresh application.(3) An application under subsection (2) must be made within 2 months after the commencement.(4) Also, the chief executive may redetermine the exceptional case decision on the chief executive’s own initiative.(5) A decision of the chief executive under this section must be made under the amended Act.(6) If the person applies to QCAT for a review of the exceptional case decision QCAT must refuse the application.
627 Disqualifying offences and serious offences committed before the commencement(1) New section 15 applies in relation to an offence committed, or alleged to have been committed, before or after the commencement.(2) New section 16 applies in relation to an offence committed, or alleged to have been committed, before or after the commencement.
628 Disclosable matters occurring before the commencement A matter is a disclosable matter under section 186 regardless of whether the matter happened before or after the commencement.
629 Proceedings for offences against former ss 176K and 176L(1) This section applies in relation to an offence against former section 176K or 176L committed by a person before the commencement.(2) Without limiting the Acts Interpretation Act 1954 , section 20, a proceeding for the offence may be continued, and the person may be convicted of and punished for the offence, as if the amendment Act had not been enacted.(3) Subsection (2) applies despite the Criminal Code , section 11.
630 Existing applications(1) This section applies if, immediately before the commencement, a working with children check application had not been decided or withdrawn.(2) The application must be decided under new chapter 8, part 4, division 9.(3) Subject to subsection (4), anything done in relation to the application under former chapter 8, part 4, division 9 or former chapter 8, part 5, division 8 is taken to have been done in relation to the application under new chapter 8, part 4, division 9.(4) If the chief executive invited submissions from a person under former section 229 and the person made submissions to the chief executive, whether before or after the commencement, the chief executive may either—(a) give the person a written notice under new section 235 and consider any submissions made by the person under that section; or(b) issue a working with children authority.(5) If the chief executive gave the applicant a notice mentioned in former section 198(a) and on the commencement the time for complying with the notice has not ended, former section 198 continues to apply to the person and the chief executive as if the amendment Act had not been enacted.
631 Information relevant to whether to suspend authority about event or change before commencement(1) This section applies if the chief executive becomes aware of information about a person that—(a) is information mentioned in new section 295(2)(a); and(b) relates to an event or change that occurred before the commencement.(2) The chief executive may use the information for the purposes of deciding whether to suspend the person’s working with children authority under new chapter 8, part 5A, division 2.(3) For subsection (1), it is does not matter whether the chief executive became aware of the information before or after the commencement.
632 Application to cancel suspended authority(1) This section applies if—(a) before the commencement—(i) a person was given a suspension notice under section 296(1); and(ii) the person made an application under former section 300(1)(b); and(b) on the commencement the application had not been decided or withdrawn.(2) The application is taken to be an application under new section 300A and must be decided under new section 300.(3) Subject to subsection (4), anything done in relation to the application under the former part 5A, division 2, former part 4, division 9 or former part 5, division 8 is taken to have been done in relation to the application under new part 5A, division 2 or new part 4, division 9.(4) If the chief executive invited submissions from a person under former section 229 and the person made submissions to the chief executive, whether before or after the commencement, the chief executive may either—(a) give the person a written notice under new section 235 and consider any submissions made by the person under that section; or(b) issue a working with children authority.
633 Application made after commencement to end suspended authority(1) This section applies if, before the commencement—(a) a person was given a suspension notice under section 296(1); and(b) the person had not made an application under former section 300(1)(b).(2) If the person makes an application under new section 300A to end the suspension of the person’s authority, the period from the notice being given under section 296(1) to the commencement is taken to form part of the 6 month period referred to in section 300A(1).
634 Proposed decision under ch 8, pt 5A(1) This section applies if the chief executive, before the commencement—(a) was proposing to make a decision mentioned in section 294(1) in relation to a person; and(b) had not made the decision.(2) The amended Act applies for making the decision.(3) Subject to subsection (4), anything done in relation to the application under former chapter 8 is taken to have been done in relation to the application under new chapter 8.(4) If the chief executive invited submissions from a person under former section 229 and the person made submissions to the chief executive, whether before or after the commencement, the chief executive may either—(a) give the person a written notice under new section 235 and consider any submissions made by the person under that section; or(b) issue a working with children authority.
635 Transitional regulation-making power(1) A regulation (a
"transitional regulation" ) may make provision about a matter for which—(a) it is necessary to make provision to allow or facilitate the doing of anything to achieve the transition from the operation of this Act as in force before its amendment by the amendment Act to the operation the amended Act; and(b) this Act does not provide or sufficiently provide.(2) A transitional regulation may have retrospective operation to a day not earlier than the day this section commences.(3) A transitional regulation must declare it is a transitional regulation.(4) This section and any transitional regulation expire on the day that is 2 years after the day this section commences.