Queensland Numbered Acts Queensland Numbered ActsChapter 8 , part 4 , divisions 9 and 10 —
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219 Application of division This division applies in relation to a working with children check application made by a person if the application has not been withdrawn.Note—See section 294, which provides that the chief executive must decide certain matters under this division.
220 Assessable information in relation to applications The chief executive must consider each of the following types of information (
"assessable information" ), of which the chief executive is aware, about the person who made the application—(a) police information;(b) domestic violence information;(c) disciplinary information;(d) adverse interstate WWC information;(e) other information about the person that the chief executive reasonably believes is relevant to deciding whether the person poses a risk to the safety of children.
221 Definition for subdivision In this subdivision—
"identifying information" , in relation to a person, means the following—(a) the person’s name and any other name that the chief executive believes the person may use or may have used;(b) the person’s gender;(c) the person’s date and place of birth;(d) any other information given by the person about—(i) if the person claims to be a police officer—the person’s status as a police officer; orExample for subparagraph (i)—a number identifying the person as a police officer(ii) if the person claims to be a registered teacher—the person’s status as a registered teacher, including any number, date or other information.Example for subparagraph (ii)—the person’s identification number for the person’s registration under the Education (Queensland College of Teachers) Act 2005
222 Additional requirements for working with children check (exemption) application(1) This section applies in relation to a working with children check (exemption) application made by a person.(2) Before deciding the application, the chief executive must ask for information about the person—(a) if the person claims to be a police officer—from the police commissioner; or(b) if the person claims to be a registered teacher—from the college of teachers.(3) For subsection (2), the chief executive’s request may include identifying information for the person.(4) The police commissioner or the college of teachers must comply with the request.(5) For the purposes of the application—(a) a person is a police officer only if the police commissioner has advised the chief executive that the person is a police officer under this section; and(b) a person is a registered teacher only if the college of teachers has advised the chief executive that the person is a registered teacher under this section.(6) The chief executive may decide the application under subdivision 3 only if the person is a police officer or a registered teacher.
223 Obtaining advice from police commissioner(1) This section applies if—(a) a working with children check (exemption) application is for a person who is a police officer; and(b) the police commissioner has advised the chief executive under section 222 that the person is a police officer.(2) Before deciding the application, the chief executive must ask the police commissioner to advise the chief executive whether the chief executive may need to undertake further employment screening of the person.(3) For subsection (2), the chief executive’s request may include identifying information for the person.(4) The police commissioner must comply with the request.(5) However, the police commissioner may give advice under subsection (2) only if the police commissioner is aware—(a) the person has been charged with an offence; and(b) the charge has not been finally dealt with.
224 Obtaining advice from college of teachers(1) This section applies if—(a) a working with children check (exemption) application is for a person who is a registered teacher; and(b) the college of teachers has advised the chief executive under section 222 that the person is a registered teacher.(2) Before deciding the application, the chief executive must ask the college of teachers to advise the chief executive whether the chief executive may need to undertake further employment screening of the person.(3) For subsection (2), the chief executive’s request may include identifying information for the person.(4) The college of teachers must comply with the request.(5) However, the college of teachers may give advice under subsection (2) only if the college is aware of any police information about the person.(6) If the college of teachers gives advice under subsection (2), the chief executive must not, because the advice was given—(a) make any adverse inference about the person’s police information; or(b) infer that a negative notice should be issued to the person.(7) In this section—
"police information" see the Education (Queensland College of Teachers) Act 2005 , schedule 3.
225 Further employment screening(1) This section applies if the police commissioner or college of teachers advises the chief executive under section 223 or 224 that the chief executive may need to undertake further employment screening of the person.(2) Before deciding the application, the chief executive must ask for information about the person under section 311.
226 Chief executive to decide application and issue authority or notice(1) The chief executive must approve or refuse an application in accordance with this subdivision.(2) If the chief executive approves an application, the chief executive must issue to the person—(a) if the person made a working with children check (general) application—a working with children clearance; or(b) if the person made a working with children check (exemption) application—a working with children exemption.(3) If the chief executive refuses an application, the chief executive must issue a negative notice to the person.(4) The working with children authority or negative notice must be issued in writing.
227 Deciding application—no assessable information(1) The chief executive must approve an application if the chief executive is not aware of any assessable information about the person who made the application.(2) However, for a working with children check (exemption) application, the chief executive may approve the application only if the chief executive is also satisfied further employment screening is not required.Note—See sections 223 and 224.
228 Deciding application—disqualified person If the chief executive is aware the person who made the application is a disqualified person, the chief executive must refuse the application.
229 Deciding application—exceptional case(1) This section applies if the person who made the application—(a) has been a disqualified person at any time but is no longer a disqualified person (other than a person who was a disqualified person by reason of a conviction, sentence or order that was set aside on appeal); or(b) has been convicted of a serious offence at any time.(2) The chief executive must refuse the application.(3) However, the chief executive may approve the application if the chief executive is satisfied it is an exceptional case in which the person would not pose a risk to the safety of children if a working with children authority were issued to the person.(4) In deciding whether a case is an exceptional case, the chief executive must conduct a risk assessment.
230 Deciding application—general assessment of risk posed(1) This section applies if sections 227, 228 and 229 do not apply in relation to an application made by a person.(2) The chief executive must approve the application unless the chief executive is satisfied the person poses a risk to the safety of children.(3) In deciding whether the person poses a risk to the safety of children, the chief executive must conduct a risk assessment.
231 Application of subdivision This subdivision applies if the chief executive is conducting a risk assessment under section 229 or 230 in relation to a person who made an application.
232 How chief executive conducts risk assessment(1) The chief executive conducts a risk assessment of the person by—(a) considering the information about the person obtained by the chief executive for the purpose of this division; and(b) if the chief executive refers a matter to an advisory committee—considering the advice or recommendations of the advisory committee; and(c) if the chief executive appoints an expert advisor in relation to the risk assessment—considering the advice of the expert advisor; and(d) deciding whether the person poses a risk to the safety of children, including by applying the reasonable person test under section 233.(2) For the chief executive to decide that a person poses a risk to the safety of children, the chief executive—(a) must be satisfied there is a real possibility that the person will pose a risk to the safety of children; and(b) does not need to be satisfied that it is likely the person will pose a risk to the safety of children.
233 Reasonable person test(1) The chief executive may decide a person does not pose a risk to the safety of children only if the chief executive is satisfied that a reasonable person would allow their child to have direct contact with the person—(a) whether supervised or unsupervised by another person; and(b) while the person is engaged in regulated employment or carries on a regulated business.(2) In this section—
"direct contact" means contact between a person and a child that involves 1 or more of the following—(a) physical contact;(b) face to face contact;(c) contact by post or other written communication;(d) contact by telephone or other oral communication;(e) contact by email or other electronic communication.
234 Matters to consider in relation to particular conduct(1) This section applies if the chief executive is aware of conduct by the person, including alleged conduct, in relation to which there is assessable information of which the chief executive is aware.(2) The chief executive must consider the following matters in deciding whether the person poses a risk to the safety of children—(a) the nature, gravity and circumstances of the conduct;(b) how the person’s conduct is relevant to engaging in regulated employment or the carrying on of a regulated business;(c) how long ago the person’s conduct occurred;(d) if the person’s conduct involved the commission of an offence or another act against another person (the
"victim" )—(i) the victim’s vulnerability at the time of the conduct; and(ii) the age difference between the person and the victim at the time of the conduct; and(iii) the person’s relationship to, or position of authority over, the victim at the time of the conduct;(e) whether the person’s conduct indicates a pattern of concerning behaviour;(f) the person’s conduct since the conduct mentioned in subsection (1);(g) if the person is an Aboriginal person or Torres Strait Islander person—the effect of—(i) systemic disadvantage and intergenerational trauma; and(ii) the historical context and limitations on access to justice;(h) any information given by the person in, or in relation to, the application;(i) any other circumstances relevant to the person’s conduct;Example for paragraph (i)—a report given to the chief executive about the person’s mental health(j) any other matters the chief executive considers relevant.
235 Requirements before deciding person poses risk to safety of children(1) This section applies if the chief executive is proposing to decide that a person poses a risk to the safety of children.(2) Before deciding the person’s application, the chief executive must—(a) give the person written notice of the matters set out in section 236; and(b) consider any submissions made by the person about the matters set out in section 236(1)(c).
236 Requirements for notice(1) A notice under section 235 must—(a) include the assessable information about the person of which the chief executive is aware; and(b) state that the chief executive proposes to refuse the application and issue a negative notice to the person unless the chief executive is satisfied that—(i) the person does not pose a risk to the safety of children; and(ii) if section 229 applies in relation to the person—there is an exceptional case for the person; and(c) invite the person to make submissions to the chief executive about the following—(i) why the person does not pose a risk to the safety of children;(ii) why the chief executive should issue a working with children authority to the person;(iii) if section 229 applies in relation to the person—why there is an exceptional case for the person; and(d) state the period within which the person may make the submissions, which must be a period of at least 7 days after the chief executive gives the person the notice.(2) In this section—
"exceptional case" means exceptional case mentioned in section 229(3).
237 Submissions to chief executive A person invited to make submissions to the chief executive under section 236(1)(c) may do so—(a) in writing; or(b) if the chief executive considers it reasonable in the circumstances to receive oral submissions—orally.
238 Term of working with children authority(1) Unless cancelled earlier under part 5A, the term of a working with children authority issued to a person is—(a) if the chief executive decides the term of the authority under subsection (2)—the term decided by the chief executive; or(b) otherwise—3 years.(2) The chief executive may decide that the term of a person’s working with children authority is the same as the term of—(a) if the person made a combined application—a disability clearance issued to the person by the chief executive (disability worker screening) after deciding the application; or(b) a disability clearance otherwise held by the person.(3) The term decided by the chief executive under subsection (2) may be less than 3 years or more than 3 years.Note—Under the Disability Services Act 2006 , section 101, the term of an NDIS clearance is 5 years and the term of a State clearance is 3 years.
239 Term of exemption(1) Unless an event mentioned in subsection (4) happens earlier, the term of a working with children exemption issued to a person is—(a) if the chief executive decides the term of the exemption under subsection (2)—the term decided by the chief executive; or(b) otherwise—3 years.(2) The chief executive may decide that the term of a person’s working with children exemption is the same as the term of—(a) if the person made a combined application—a disability clearance issued to the person by the chief executive (disability worker screening) after deciding the application; or(b) a disability clearance otherwise held by the person.(3) The term decided by the chief executive under subsection (2) may be less than 3 years or more than 3 years.Note—Under the Disability Services Act 2006 , section 101, the term of an NDIS clearance is 5 years and the term of a State clearance is 3 years.(4) For subsection (1), each of the following is an event for a working with children exemption—(a) the term of the exemption ends under section 350A because the holder of the exemption stops being a police officer or registered teacher;(b) the exemption is cancelled under part 5A.
240 Term of negative notice A negative notice remains in effect until it is cancelled under part 5A.
241 Definition for subdivision In this subdivision—
"committee member" means a member of an advisory committee.
242 Establishment of advisory committees The chief executive may establish 1 or more advisory committees.
243 Functions and powers(1) An advisory committee has the following functions—(a) reviewing information referred to the advisory committee by the chief executive in relation to the risk assessment of a person;(b) providing advice or recommendations to the chief executive about the risk assessment of a person based on the information referred to the committee under paragraph (a).(2) An advisory committee has power to do anything necessary or convenient to be done in performing its functions.
244 Chief executive referral to advisory committee The chief executive may refer to an advisory committee all or any aspect of a risk assessment that the chief executive considers will assist in making a decision.
245 Giving information to advisory committee(1) The chief executive may give information to an advisory committee about—(a) a working with children check application made by a person; or(b) a negative notice held by a person; or(c) if a person holds a working with children authority—a change in assessable information about the person.(2) Before the chief executive gives the information the chief executive must, by written notice—(a) ask the person the subject of the risk assessment for consent to give the information; and(b) state the reasons for the request to give the information.(3) The chief executive may only give the information to the advisory committee if the person gives the chief executive written consent.(4) In this section—
"give" , information, includes give access to information.
"information" includes—(a) protected information under section 384; and(b) confidential information to which section 385 applies.
246 Consent to give information not provided If a person does not consent to the chief executive giving information under section 245(3), the chief executive must not—(a) refer the risk assessment, or any aspect of the risk assessment, to an advisory committee; or(b) give the information to an advisory committee.
246A Membership and procedures of advisory committees(1) The chief executive—(a) may appoint members to an advisory committee; and(b) must give each committee member written notice of the member’s appointment.(2) If the chief executive decides a committee member is no longer eligible or suitable for membership of an advisory committee, the chief executive must revoke the committee member’s appointment by written notice given to the committee member.(3) A regulation may provide for the following for an advisory committee—(a) the scope of the committee’s functions;(b) the membership of the committee;(c) eligibility for membership;(d) procedures for nomination of committee members;(e) the term of membership;(f) vacation of office of committee members;(g) other matters that facilitate the effective operation of the committee.
246B Investigations about suitability of advisory committee members(1) The chief executive may make inquiries to decide whether a person is suitable for appointment as, or to continue as, a committee member.(2) Without limiting subsection (1), the chief executive may ask the police commissioner for the following information—(a) a written report about the person’s criminal history;(b) a brief description of the circumstances of any conviction mentioned in the criminal history.(3) The police commissioner must comply with a request under subsection (2).(4) However, the chief executive may make a request about a person under subsection (2) only if the person has given the chief executive written consent for the request.(5) If the person does not give the written consent to the chief executive, the person is taken not to be suitable for appointment as, or to continue as, a committee member.(6) The chief executive must ensure information provided by the police commissioner under subsection (3) is destroyed as soon as practicable after the information is no longer needed for the purpose for which it was requested.(7) The chief executive must give the person a copy of information given to the chief executive under subsection (3).(8) In this section—
"criminal history" , of a person, means the person’s criminal history as defined under the Criminal Law (Rehabilitation of Offenders) Act 1986 , other than spent convictions.
246C Conflicts of interest(1) This section applies if a committee member has a direct or indirect interest in an issue being considered, or about to be considered, by the advisory committee that could conflict with the proper performance of the committee member’s duties about the consideration of an issue.(2) As soon as practicable after the committee member becomes aware of the facts of the issue, the committee member must disclose the nature of the interest to the advisory committee.(3) Unless the advisory committee otherwise directs, the committee member must not be present when the advisory committee—(a) considers the issue; or(b) considers the advice or recommendations that the advisory committee will give to the chief executive.
246D Expert advisors The chief executive may appoint a person having specialist knowledge or skills to help the chief executive in conducting a risk assessment.
246E Risk assessment guidelines(1) The chief executive must make guidelines about how a risk assessment is conducted.(2) The guidelines are a statutory instrument within the meaning of the Statutory Instruments Act 1992 , but are not subordinate legislation.
246F Application of division This division applies if the chief executive decides a working with children check application.
246G Issue of card The chief executive must issue—(a) if the chief executive decides to issue a person a working with children clearance—a working with children card for the clearance to the person; or(b) if the chief executive decides to issue a person a working with children exemption—a working with children card for the exemption to the person.
246H Issuing negative notice If the chief executive issues a negative notice to a person, the negative notice must be accompanied by a written notice stating the following—(a) the chief executive has decided to issue the person a negative notice;(b) the reasons for the chief executive’s decision;(c) the relevant review and appeal information;(d) that it is an offence for a person who holds a negative notice to—(i) start regulated employment or restricted employment; or(ii) continue in regulated employment or restricted employment; or(iii) carry on a regulated business.
246I Persons to be notified of decision(1) The chief executive must give each notifiable person for the person a written notice stating the person was issued—(a) a working with children clearance; or(b) a working with children exemption; or(c) a negative notice.(2) If the person is issued a negative notice on the basis the person is or was a disqualified person and a notice about the person is given to the chief executive (child safety) under subsection (1), the notice must also state the provision of this part under which the negative notice was issued.Note—See sections 228 and 229 for circumstances in which a negative notice is issued to a person on the basis the person is or was a disqualified person.(3) The chief executive may also give a potential employer for the person a notice mentioned in subsection (1).
246J Public sector entity to be given particular advice(1) This section applies if—(a) the chief executive issues—(i) a working with children clearance to a person; or(ii) a working with children exemption to a person; and(b) the chief executive of another public sector entity (the
"other chief executive" ) proposes to start employing, or continue employing, the person in regulated employment; and(c) the other chief executive asks the chief executive for advice under this section.(2) The chief executive may advise the other chief executive that the other chief executive may need to undertake a further assessment of the person under the Public Sector Act 2022 , chapter 3 , part 5 , division 4 to decide whether the other chief executive should employ, or continue employing, the person in regulated employment.Note—The Public Sector Act 2022 , chapter 3, part 5, division 4 does not apply in relation to the engagement of particular persons by a public sector entity. See section 64 of that Act.(3) However, the chief executive may give the advice mentioned in subsection (2) only if the chief executive is aware that the person has a criminal history.(4) If the chief executive gives advice under subsection (2), the advice must be accompanied by a written notice stating that no adverse inference about the person’s criminal history or suitability for employment, or continued employment, by the other public sector entity should be made because the advice was given.