Queensland Numbered Acts

WORKING WITH CHILDREN (RISK MANAGEMENT AND SCREENING) AND OTHER LEGISLATION AMENDMENT ACT 2024 - SECT 134

134 Replacement of sch 1, ss 21 and 22

Schedule 1 , sections 21 and 22 —
omit, insert—

21 Child accommodation services

(1) A business is a regulated business if—

(a) the usual activities of the business include, or are likely to include, a child accommodation service and—

(i) the person who carries on the business provides the accommodation that constitutes the child accommodation service in the person’s home; or

(ii) the person who carries on the business provides the child accommodation service under an arrangement organised by a government entity or a local government; or

(b) the business includes providing an overnight camp or excursion for children.

(2) For subsection (1)(b), an overnight camp or excursion is a regulated business regardless of the type of accommodation or how many children are involved.

(3) However, a business mentioned in subsection (1)(b) is not a regulated business if—

(a) the activities of the business are limited to providing services for the maintenance and repair or ongoing operation of the site at which the service is provided; and

(b) the activities of the business are of a nature that does not permit or facilitate contact with children, other than incidental contact.

(4) In this section—

"home" , of a person, includes the person’s principal place of residence and any holiday home of the person.

22 Sport, active recreation, gyms and play facilities

(1) A business is a regulated business if the usual activities of the business include, or are likely to include—

(a) sport or active recreation activities directed mainly towards or involving children; or

(b) carrying on the business of a gym or play facility directed mainly towards children.

(2) However, a business mentioned in subsection (1) is not a regulated business if—

(a) the business is carrying out activities limited to providing food, beverages or equipment; and

(b) there is no further contact with children by an employee of the business.

22A Entertainment, beauty and photography services

(1) A business is a regulated business if—

(a) the usual activities include, or are likely to include—

(i) providing services directed mainly towards children; or

(ii) conducting activities mainly involving children; and

(b) the business relates to 1 of the following areas—

(i) an entertainment or party service;

Example of a business relating to an entertainment or party service—

a business providing for a person to appear as Santa or another costumed character directed at entertaining children

(ii) a beauty or talent program;

(iii) a photography service.

(2) However, a business mentioned in subsection (1)(b)(i) is not a regulated business if—

(a) the business is carrying out activities limited to providing food, beverages or equipment; and

(b) there is no further contact with children by an employee of the business.