Commission for Children and Young People Amendment Regulation (No. 1) 2006 (Qld)

Queensland Commission for Children and Young People Amendment Regulation (No. 1) 2006 Subordinate Legislation 2006 No. 102 made under the Commission for Children and Young People and Child GuardianAct 2000 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Amendment of s 1 (Short title) . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Insertion of new s 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3A Matters to be included in risk management strategies—Act, s 99G(4) . . . . . . . . . . . . . . . . . . . . . . 2 6 Amendment of s 6 (Documents relating to proof of employee’s identity—Act, s 100) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7 Amendment of s 7 (Documents relating to proof of applicant’s identity—Act, s 101) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 8 Insertion of new s 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 9 Transitional provision relating to change in documents required for proof of identity under s 6 or 7 . . . . . . . . 5 9 Replacement of schs 1 and 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Schedule 1 Primary identification documents Schedule 2 Secondary identification documents 10 Replacement of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 8 Schedule 3 Dictionary

s1 2 s5 Commission for Children and Young People Amendment Regulation (No. 1) 2006 No. 102, 2006 1 Short title This regulation may be cited as the Commission for Children and Young People Amendment Regulation (No. 1) 2006 . 2 Commencement (1) This regulation, other than section 5, commences on 31 May 2006. (2) Section 5 commences on 1 January 2007. 3 Regulation amended This regulation amends the CommissionforChildrenandYoung People Regulation 2001. 4 Amendment of s 1 (Short title) Section 1, after ‘ People ’— insert— ‘ and Child Guardian ’. 5 Insertion of new s 3A After section 3— insert— ‘3A Matters to be included in risk management strategies— Act, s 99G(4) ‘(1) For section 99G(4) of the Act, a risk management strategy of an operator relating to regulated employment or a regulated business must include the following matters— (a) a statement about commitment to the safety and wellbeing of children and the protection of children from harm; (b) a code of conduct for interacting with children and young people;

s5 3 s5 Commission for Children and Young People Amendment Regulation (No. 1) 2006 No. 102, 2006 (c) procedures for recruiting, selecting, training and managing persons engaged or proposed to be engaged by the operator, as the procedures relate to the safety and wellbeing of children and the protection of children from harm; (d) policies and procedures for handling disclosures or suspicions of harm, including reporting guidelines; (e) a plan for managing breaches of the risk management strategy; (f) policies and procedures for compliance with part 6 of the Act, including— (i) implementing and reviewing the risk management strategy; and (ii) keeping a written record, in relation to matters under part 6, about each person engaged by the operator, for example— (A) whether or not the operator considers the operator must apply for a prescribed notice about the person; and (B) whether or not an application for a prescribed notice has been made by the operator about the person; and (C) if a positive notice has been issued for the person—the date of expiry of the notice; (g) risk management plans for high risk activities and special events; (h) strategies for communication and support, including— (i) written information for parents and persons engaged by the operator that includes details of the operator’s risk management strategy or where the strategy can be accessed; and (ii) training materials for persons engaged by the operator to— (A) help identify risks of harm and how to handle disclosures or suspicions of harm; and

s6 4 s6 Commission for Children and Young People Amendment Regulation (No. 1) 2006 No. 102, 2006 (B) outline the operator’s risk management strategy. ‘(2) In this section— operator means a person to whom section 99G of the Actapplies.’. 6 Amendment of s 6 (Documents relating to proof of employee’s identity—Act, s 100) (1) Section 6, heading, ‘employee’s’— omit, insert— ‘ relevant person’s ’. (2) Section 6(1) and (2)— omit, insert— ‘(1) For section 100 of the Act, the employer, education provider or prescribed person must sight any of the following for the relevant person— (a) 2 primary identification documents; (b) 1 primary identification document and 1 secondary identification document; (c) a document or documents that, in relation to a relevant person, the commissioner has given notice to the employer, education provider or prescribed person is acceptable to establish the relevant person’s identity. ‘(2) If the employer sights documents under subsection (1)(a) or (b), the documents must show, between them, the following— (a) the relevant person’s full name; (b) the relevant person’s date of birth; (c) the relevant person’s signature.’. (3) Section 6(3), ‘employee’s’— omit, insert— ‘relevant person’s’. (4) Section 6—

s7 5 s8 Commission for Children and Young People Amendment Regulation (No. 1) 2006 No. 102, 2006 insert— ‘(4) In this section— relevant person see section 100(8) of the Act.’. 7 Amendment of s 7 (Documents relating to proof of applicant’s identity—Act, s 101) Section 7(1) and (2)— omit, insert— ‘(1) For section 101 of the Act, the prescribed person must sight any of the following for the applicant— (a) 2 primary identification documents; (b) 1 primary identification document and 1 secondary identification document; (c) a document or documents that, in relation to an applicant, the commissioner has given notice to the prescribed person is acceptable to establish the applicant’s identity. ‘(2) If the prescribed person sights documents under subsection (1)(a) or (b), the documents must show, between them, the following— (a) the applicant’s full name; (b) the applicant’s date of birth; (c) the applicant’s signature.’. 8 Insertion of new s 9 After section 8— insert— ‘9 Transitional provision relating to change in documents required for proof of identity under s 6 or 7 ‘(1) This section applies to certification by an employer, education provider or prescribed person relating to proof of a person’s identity for an application under section 100 or 101 of the Act received by the commissioner before 31 May 2007.

s9 6 s9 Commission for Children and Young People Amendment Regulation (No. 1) 2006 No. 102, 2006 ‘(2) The application is not invalid only because the certification states that the employer, education provider or prescribed person sighted documents under section 6 or 7 as in force immediately before the commencement of this section. ‘(3) However, this section does not apply to either of the following— (a) an application under section 100 of the Act for regulated employment under schedule 1, part 1, section 6G of the Act; (b) an application under section 101 of the Actfor a regulated business under schedule 1, part 2, section 16 of the Act. ‘(4) This section expires on 30 May 2007. ‘(5) In this section— employer see section 100 of the Act. prescribed person means a person who is a prescribed person under section 100 or 101 of the Act.’. 9 Replacement of schs 1 and 2 Schedules 1 and 2— omit, insert— ‘Schedule 1 Primary identification documents sections 6 and 7 • birth certificate • citizenship certificate • current Australian or overseas passport • current document evidencing permanent residency status

s9 7 s9 Commission for Children and Young People Amendment Regulation (No. 1) 2006 No. 102, 2006 • current driver licence containing the person’s photograph • current proof of age card ‘Schedule 2 Secondary identification documents sections 6 and 7 • current identification card issued by the Commonwealth or a State as evidence of the person’s entitlement to a financial benefit Examples — 1 Commonwealth seniors health card 2 health care card 3 medicare card 4 pensioner concession card 5 repatriation health card • current account card, or current credit card, issued by a financial institution, 1 that contains the person’s name and signature • passbook issued by a financial institution that shows the passbook’s last entry to be less than 6 months before the passbook is sighted • recent account statement issued by a financial institution • current crowd controller’s licence, private investigator’s licence or security officer’s licence issued under the Security Providers Act 1993 1 See the Acts Interpretation Act 1954 , section 36, definition financial institution .

s 10 8 s 10 Commission for Children and Young People Amendment Regulation (No. 1) 2006 No. 102, 2006 • current gaming machine licence issued under the Gaming Machine Act 1991 • current licence issued under the Weapons Act 1990 • current positive notice blue card • current student identification card containing the person’s photograph and signature that is issued by an educational institution • recent notice of assessment issued under the Income Tax Assessment Act 1997 (Cwlth)’. 10 Replacement of sch 3 (Dictionary) Schedule 3— omit, insert— ‘Schedule 3 Dictionary section 3 birth certificate — (a) includes a current birth card issued by the New South Wales Registry of Births Deaths and Marriages; but (b) does not include a commemorative birth certificate under the Births,DeathsandMarriagesRegistrationAct 2003 , section 44(11). citizenship certificate means a certificate, declaration or other instrument of a person’s nationality issued under the Australian Citizenship Act 1948 (Cwlth). current , for a document, means that at the time the document is sighted, the document has not expired or been cancelled . document evidencing permanent residency status means a document issued by the department in which the Migration Act 1958 (Cwlth) is administered as evidence of the person’s status as a permanent resident of Australia. driver licence means—

s 10 9 s 10 Commission for Children and Young People Amendment Regulation (No. 1) 2006 No. 102, 2006 (a) a driver licence under the Transport Operations (RoadUse Management) Act 1995 ; or (b) a learner licence under the Transport Operations (RoadUse Management) Act 1995 . educational institution means— (a) an education provider; or (b) a school; or (c) an entity established or recognised, for educational purposes, under an Act or law of the Commonwealth or another State. primary identification document means a document mentioned in schedule 1. proof of age card means a card issued by any of the following that includes proof of a person’s age— (a) the department in which the TransportOperations(Road Use Management) Act 1995 is administered; (b) an entity of the government of another State performing functions similar to the department in which the TransportOperations(RoadUseManagement)Act1995 is administered; (c) an entity of the government of a foreign country. Example for paragraph (a) — 18+ card recent , for a document, means the issuing date of the document is less than 6 months before the document is sighted. secondary identification document means a document mentioned in schedule 2.’.

10 Commission for Children and Young People Amendment Regulation (No. 1) 2006 No. 102, 2006 ENDNOTES 1 Made by the Governor in Council on 25 May 2006. 2 Notified in the gazette on 26 May 2006. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of the Premier and Cabinet. © State of Queensland 2006