Working with Children (Risk Management and Screening) Act 2000 (Qld)
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Working with Children (Risk Management and Screening) Act 2000
An Act to establish a scheme requiring the development and implementation of risk management strategies, and the screening of persons employed in particular employment or carrying on particular businesses, to promote and protect the rights, interests and wellbeing of children in Queensland
Chapter 1 Preliminary
Part 1 Introduction
1 Short title
This Act may be cited as the Working with Children (Risk Management and Screening) Act 2000.
2 Commencement
This Act commences on a day to be fixed by proclamation.
4 Act binds all persons
(1)This Act binds all persons including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and all the other States.(2)Subsection (1) does not make the State, the Commonwealth or another State liable for an offence.
4A [Repealed]
5 Object of Act
The object of this Act is to promote and protect the rights, interests and wellbeing of children and young people in Queensland through a scheme requiring—(a)the development and implementation of risk management strategies; and(b)the screening of persons employed in particular employment or carrying on particular businesses.
6 Principles for administering this Act
This Act is to be administered under the following principles—(a)the welfare and best interests of a child are paramount;(b)every child is entitled to be cared for in a way that protects the child from harm and promotes the child’s wellbeing, which for an Aboriginal child or Torres Strait Islander child includes recognising the importance of connection with the child’s family, community, culture, traditions and language.
7 Act applies despite the Criminal Law (Rehabilitation of Offenders) Act 1986
This Act applies to a person despite anything in the Criminal Law (Rehabilitation of Offenders) Act 1986.
8 Chief executive’s main functions
The chief executive’s main functions under this Act are—(a)to administer the scheme under this Act that regulates—(i)persons employed, or proposed to be employed, in certain child-related employment; and(ii)persons carrying on, or proposing to carry on, certain child-related businesses; and(b)to audit or monitor compliance with this Act; and(c)to establish a register of regulated persons who provide home-based care services to children.
Part 2 Interpretation
9 Dictionary
The dictionary in schedule 7 defines particular words used in this Act.
10 What is employment
(1)For this Act, a person is employing another person if the first person has an agreement with the other person for the other person to carry out work.(2)It is immaterial for this section—(a)whether the agreement is written or unwritten; and(b)whether the work is carried out voluntarily or for financial reward; and(c)what a person’s motivation is for carrying out the work; and(d)the time for which the person is engaged to carry out the work; and(e)whether the agreement provides for the other person to carry out work on 1 occasion or on an ongoing basis, whether regularly or irregularly.(3)Also, for this section, the nature of the work is immaterial.(4)This section is subject to section 11.Examples of employment—
1A person engaged by a shopping centre to appear as Santa.2A person orally agrees with the manager of a club to coach a children’s sporting team during a season.3The manager of a counselling organisation agrees with an adult student that the student attend the organisation’s office each day during a semester and carry out various duties.4A tour operator arranges with the parents of a family to provide a child accommodation service in their home to an international student.
11 What is employment when education provider arranges trainee student to carry out work for someone else
(1)This section applies if—(a)the first person mentioned in section 10 is an education provider; and(b)the other person mentioned in section 10 is a trainee student of the education provider; and(c)the work to be carried out is part of the course that the trainee student is undertaking with the education provider; and(d)the work is to be carried out for someone else.(2)For section 10, the person for whom the trainee student is to carry out work, or carries out work, is employing the trainee student.(3)Subsection (2) applies even if there is no express agreement between the person and the trainee student for the trainee student to carry out the work.
12 Matters about particular regulated employment relating to care of children
(1)This section applies if a person is engaged, or proposes to be engaged, in regulated employment mentioned in schedule 1, section 14(1) or (2).(2)For this Act, and for no other purpose, the State is taken to be employing, or proposing to employ, the person in the regulated employment.(3)For this Act—(a)the chief executive (child safety) may carry out a function of the State relating to the person; and(b)if the person must disclose information to the person’s employer, or notify the employer about a matter—the person must disclose the information to, or notify, the chief executive (child safety).Note—
This declaration arises out of the volunteer or non-employee status of persons engaged in regulated employment mentioned in schedule 1, section 14(1) or (2).
12A Matters about employment relating to State educational institutions
(1)This section applies if a person is employed at a State educational institution.(2)For this Act, the principal of the State educational institution and the chief executive of the department in which the Education (General Provisions) Act 2006 is administered are employing the person.
13 Who is a volunteer
(1)A volunteer is a person who is employed by another person and does not carry out any work for the other person for a financial reward.(2)In this section—financial reward does not include—(a)a payment that is a reimbursement for out-of-pocket expenses; or(b)for a person who is an approved carer—an allowance or other amount paid to the person under the Child Protection Act 1999, section 159.
14 Executive officers of a corporation carrying on a regulated business
(1)This section applies in relation to a corporation that carries on, or proposes to carry on, a regulated business.(2)For this Act other than section 172, a person is taken to be carrying on, or proposing to carry on, the regulated business by being, or proposing to be, an executive officer of the corporation.(3)Subsection (2) applies only if the person’s principal place of residence is in Australia.
15 What is a serious offence
(1)A serious offence is—(a)an offence against a provision of an Act mentioned in schedule 2 or 3, column 1, subject to any qualification mentioned opposite in column 3; or(b)an offence of counselling or procuring the commission of an offence of a kind mentioned in paragraph (a); or(c)an offence of attempting, or of conspiring, to commit an offence of a kind mentioned in paragraph (a); or(d)an offence that has, as an element, an intention to commit an offence of a kind mentioned in paragraph (a); or(e)an offence that, at the time it was committed, or is alleged to have been committed, was an offence of a kind mentioned in paragraph (a); or(f)another offence that is a reportable offence under the Offender Reporting Act that is not otherwise a serious offence under this Act; or(g)an offence under a law of another jurisdiction that, if it had been committed in Queensland, would have constituted an offence mentioned in paragraph (a) to (f).Note—
Column 2 in schedules 2 and 3 is included for information purposes only and states a section heading for the provision mentioned opposite in column 1.(2)Despite subsection (1), 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.(3)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.(4)For this section, it is immaterial if a provision mentioned in schedule 2 or 3, column 1, for an Act has been amended from time to time or that the provision was previously numbered with a different number.
16 What is a disqualifying offence
(1)A disqualifying offence is—(a)an offence against a provision of an Act mentioned in schedule 4 or 5, column 1, subject to any qualification mentioned opposite in column 3; or(b)an offence of counselling or procuring the commission of an offence of a kind mentioned in paragraph (a); or(c)an offence of attempting, or of conspiring, to commit an offence of a kind mentioned in paragraph (a); or(d)an offence that has, as an element, intention to commit an offence of a kind mentioned in paragraph (a); or(e)an offence that, at the time it was committed, or alleged to have been committed, was an offence of a kind mentioned in paragraph (a); or(f)an offence under a law of another jurisdiction that, if it had been committed in Queensland, would have constituted an offence mentioned in paragraph (a) to (e).Note—
Column 2 in schedules 4 and 5 is included for information purposes only and states a section heading for the provision mentioned opposite in column 1.(2)Despite subsection (1), an offence is not a disqualifying offence if the offence was committed, or is alleged to have been committed, by a person when the person was a child.(3)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.(4)For this section, it is immaterial if a provision mentioned in schedule 4 or 5, column 1, for an Act has been amended from time to time or that the provision was previously numbered with a different number.
17 Who is a disqualified person
A person is a disqualified person if the person—
(a)has been or is convicted of a disqualifying offence; or(b)is subject to—(i)offender reporting obligations; or(ii)an offender prohibition order; or(iii)a disqualification order; or(iv)a sexual offender order; or(c)is the respondent to an application for an offender prohibition order under the Offender Reporting Act.
18 Meaning of working with children authority
A working with children authority means—(a)a working with children clearance; or(b)a working with children exemption.
18A Meaning of working with children clearance
A working with children clearance is an authority—(a)issued by the chief executive to a person who made a working with children check (general) application; and(b)that indicates—(i)screening of the person has been undertaken under this Act; and(ii)the person is authorised to engage in regulated employment or carry on a regulated business.
18B Meaning of working with children exemption
A working with children exemption is an authority—(a)issued by the chief executive to a person who made a working with children check (exemption) application; and(b)that indicates—(i)screening of the person has been undertaken under this Act; and(ii)the person is authorised to engage in regulated employment or carry on a regulated business outside of the scope of the person’s responsibilities as a police officer or registered teacher.
18C Meaning of negative notice
A negative notice is a declaration, issued by the chief executive to a person, that indicates—(a)screening of the person has been undertaken under this Act; and(b)the person is not authorised to engage in regulated employment or carry on a regulated business.
18D Meaning of risk to the safety of children
A reference in this Act to a risk to the safety of children is a reference to a real and appreciable risk to the safety of children.
19 Meaning of interstate working with children check application, interstate working with children authority and related terms
(1)An interstate working with children check application is an application, however called, made under a corresponding WWC law that corresponds to a working with children check application under this Act.(2)An interstate working with children authority is an authority, however called, issued under a corresponding WWC law that corresponds to a working with children authority under this Act.(3)An interstate negative notice is a notice, however called, issued under a corresponding WWC law, that—(a)corresponds to a negative notice; or(b)imposes a condition that prohibits a person from carrying out child-related work.(4)A conditional interstate WWC authority is an authority, however called, issued under a corresponding WWC law that has the effect of permitting a person to carry out child-related work subject to stated conditions, including, for example, a condition that the person carries out child-related work only under supervision.(5)An interstate interim bar is a restriction, however described, imposed under a corresponding WWC law in relation to a person who made an interstate working with children check application that has the effect of prohibiting the person from carrying out child-related work while the application is decided.
20 Meaning of adverse interstate WWC decision and related terms
(1)Each of the following decisions about a person made under a corresponding WWC law is an adverse interstate WWC decision—(a)a decision to refuse an interstate working with children check application made by the person;(b)a decision to issue an interstate negative notice to the person;(c)a decision to suspend or cancel an interstate working with children authority held by the person;(d)a decision to impose an interstate interim bar on the person.(2)An adverse interstate WWC decision is in effect if—(a)the decision has not been overturned on review or appeal; and(b)the decision has not otherwise stopped having effect because—(i)for a decision to refuse an interstate working with children check application made by the person—a later interstate working with children check application made by the person has been decided by the interstate screening unit that refused the application; or(ii)for a decision to issue an interstate negative notice to a person—the notice has expired or been revoked; or(iii)for a decision to suspend an interstate working with children authority held by a person—the suspension has ended or the authority has been cancelled; or(iv)for a decision to impose an interstate interim bar on a person—the interim bar has ended.(3)Adverse interstate WWC information about a person is—(a)each adverse interstate WWC decision made about the person; and(b)each decision to issue a conditional interstate WWC authority to the person; and(c)information related to a decision mentioned in paragraph (a) or (b) about the person, including the reasons for the decision.
Part 3 [Repealed]
Part 4 [Repealed]
Chapter 2 [Repealed]
Part 1 [Repealed]
Part 2 [Repealed]
21 [Repealed]
22 [Repealed]
23 [Repealed]
24 [Repealed]
25 [Repealed]
Part 3 [Repealed]
26 [Repealed]
27 [Repealed]
28 [Repealed]
29 [Repealed]
30 [Repealed]
31 [Repealed]
32 [Repealed]
33 [Repealed]
Part 4 [Repealed]
34 [Repealed]
Part 5 [Repealed]
35 [Repealed]
36 [Repealed]
37 [Repealed]
Chapter 3 [Repealed]
Part 1 [Repealed]
38 [Repealed]
39 [Repealed]
Part 2 [Repealed]
40 [Repealed]
41 [Repealed]
42 [Repealed]
43 [Repealed]
44 [Repealed]
45 [Repealed]
46 [Repealed]
47 [Repealed]
48 [Repealed]
49 [Repealed]
50 [Repealed]
51 [Repealed]
52 [Repealed]
Chapter 4 [Repealed]
Part 1 [Repealed]
53 [Repealed]
Part 2 [Repealed]
54 [Repealed]
55 [Repealed]
56 [Repealed]
57 [Repealed]
58 [Repealed]
59 [Repealed]
Part 3 [Repealed]
60 [Repealed]
61 [Repealed]
62 [Repealed]
Part 4 [Repealed]
Division 1 [Repealed]
63 [Repealed]
64 [Repealed]
Division 2 [Repealed]
65 [Repealed]
66 [Repealed]
67 [Repealed]
68 [Repealed]
Division 3 [Repealed]
69 [Repealed]
70 [Repealed]
71 [Repealed]
72 [Repealed]
73 [Repealed]
Division 4 [Repealed]
74 [Repealed]
75 [Repealed]
76 [Repealed]
77 [Repealed]
Division 5 [Repealed]
78 [Repealed]
79 [Repealed]
80 [Repealed]
81 [Repealed]
Division 6 [Repealed]
82 [Repealed]
83 [Repealed]
84 [Repealed]
85 [Repealed]
Chapter 5 [Repealed]
Part 1 [Repealed]
86 [Repealed]
87 [Repealed]
88 [Repealed]
Part 2 [Repealed]
89 [Repealed]
90 [Repealed]
91 [Repealed]
92 [Repealed]
Part 3 [Repealed]
Division 1 [Repealed]
93 [Repealed]
Division 2 [Repealed]
94 [Repealed]
95 [Repealed]
96 [Repealed]
97 [Repealed]
98 [Repealed]
98A [Repealed]
98B [Repealed]
Division 3 [Repealed]
99 [Repealed]
99A [Repealed]
99B [Repealed]
99BA [Repealed]
99C [Repealed]
99D [Repealed]
99E [Repealed]
99F [Repealed]
99G [Repealed]
100 [Repealed]
101 [Repealed]
101A [Repealed]
102 [Repealed]
102A [Repealed]
102B [Repealed]
Division 4 [Repealed]
103 [Repealed]
104 [Repealed]
104A [Repealed]
104B [Repealed]
104BA [Repealed]
104C [Repealed]
105 [Repealed]
106 [Repealed]
106A [Repealed]
Part 4 [Repealed]
107 [Repealed]
108 [Repealed]
109 [Repealed]
109A [Repealed]
Part 5 [Repealed]
110 [Repealed]
111 [Repealed]
112 [Repealed]
Part 6 [Repealed]
113 [Repealed]
114 [Repealed]
Chapter 6 [Repealed]
Part 1 [Repealed]
Division 1 [Repealed]
115 [Repealed]
Division 2 [Repealed]
116 [Repealed]
117 [Repealed]
118 [Repealed]
119 [Repealed]
119A [Repealed]
119B [Repealed]
119C [Repealed]
119D [Repealed]
119E [Repealed]
Division 3 [Repealed]
120 [Repealed]
120A [Repealed]
120B [Repealed]
120C [Repealed]
120D [Repealed]
120E [Repealed]
120F [Repealed]
120G [Repealed]
120H [Repealed]
120I [Repealed]
120J [Repealed]
120K [Repealed]
120L [Repealed]
121 [Repealed]
121AA [Repealed]
121A [Repealed]
121B [Repealed]
121C [Repealed]
121D [Repealed]
121E [Repealed]
122 [Repealed]
122A [Repealed]
122B [Repealed]
123 [Repealed]
123A [Repealed]
124 [Repealed]
125 [Repealed]
126 [Repealed]
126A [Repealed]
126AA [Repealed]
126B [Repealed]
126C [Repealed]
126D [Repealed]
Division 4 [Repealed]
127 [Repealed]
Division 5 [Repealed]
128 [Repealed]
129 [Repealed]
130 [Repealed]
131 [Repealed]
132 [Repealed]
Division 6 [Repealed]
133 [Repealed]
134 [Repealed]
135 [Repealed]
Division 7 [Repealed]
136 [Repealed]
137 [Repealed]
Division 8 [Repealed]
138 [Repealed]
139 [Repealed]
140 [Repealed]
141 [Repealed]
142 [Repealed]
Part 2 [Repealed]
143 [Repealed]
144 [Repealed]
145 [Repealed]
146 [Repealed]
147 [Repealed]
148 [Repealed]
Chapter 7 Regulated employment and regulated businesses
Part 1 Preliminary
149 [Repealed]
150 [Repealed]
151 [Repealed]
152 [Repealed]
153 [Repealed]
154 [Repealed]
155 [Repealed]
156 Regulated employment
(1)Employment is regulated employment if it is employment of a type that is stated to be regulated employment in schedule 1, part 1.(2)However, employment is not regulated employment if—(a)it is of a type of employment that schedule 1, part 1 states is not regulated employment; or(b)schedule 1, part 3 states that this chapter does not apply to the employment.(3)Also, the unpaid employment of a child is not regulated employment unless the child is a trainee student of an education provider and the employment is part of the course undertaken by the trainee student with the education provider.(4)Further, subject to subsections (5) and (6), the employment of a person is not regulated employment if—(a)the person is employed to work, and works, in the employment for not more than 7 days in a calendar year; or(b)the person is a parent providing a service or activity on a voluntary basis to children and the children to whom the service or activity is provided include the person’s own child.(5)Despite subsection (4), a person is employed in regulated employment if the employment or the service or activity includes, or is likely to include, an overnight camp or excursion for children under schedule 1, section 9.
(6)Also, despite subsection (4)(b), a person is employed in regulated employment if the person is a parent providing a service or activity to a child that includes, or may include, close personal contact with a child other than the person’s own child.Examples of close personal contact with a child—
assisting a child with toileting, bathing or dressing
157 Regulated businesses
(1)A business is a regulated business if it is a type of business that is stated to be a regulated business in schedule 1, part 2.(2)However, a business is not a regulated business if schedule 1, part 3 states that this chapter does not apply to the carrying on of the business.
158 Special exemptions for emergency services workers from interstate or overseas
(1)Subsection (2) applies if an emergency services worker is deployed from an interstate or overseas location in the following circumstances—(a)to assist the response to a disaster situation;(b)to respond to a significant fire event.(2)The emergency services worker is exempt from the requirement to hold a working with children authority under this Act.(3)The exemption applies—(a)for a disaster situation declared under the Disaster Management Act 2003, section 64(1)—for the duration of the disaster situation under section 66 of that Act; or(b)for a disaster situation declared under the Disaster Management Act 2003, section 69—for the duration of the disaster situation under section 71 of that Act; or(c)for a significant fire event—for the period of the state of fire emergency under the Fire Services Act 1990, section 145V.(4)This section does not limit section 156(4)(a).(5)In this section—disaster situation see the Disaster Management Act 2003, schedule.emergency service means an interstate or overseas entity that performs emergency services equivalent to—(a)Marine Rescue Queensland, established under the Marine Rescue Queensland Act 2024, section 6; or(b)Queensland Fire and Rescue, established under the Fire Services Act 1990, section 8(1); or(c)Rural Fire Service Queensland, established under the Fire Services Act 1990, section 8(2); or(d)the State Emergency Service, established under the State Emergency Service Act 2024, section 6.emergency services worker means a person employed or engaged as an officer, employee or volunteer of an emergency service.significant fire event means an event the subject of a state of fire emergency declaration under the Fire Services Act 1990, section 145T.
159 [Repealed]
160 [Repealed]
Part 2 [Repealed]
163 [Repealed]
Part 3 Risk management strategies
171 Risk management strategies about persons employed in regulated employment
(1)A person who employs someone else in employment that is regulated employment must, for each year, develop and implement a written strategy about the person’s employees in regulated employment that—(a)implements employment practices and procedures to promote the wellbeing of a child affected by the regulated employment and to protect the child from harm; and(b)includes the matters prescribed under a regulation.Maximum penalty—20 penalty units.
(2)In this section—employees in regulated employment, for a person, includes each of the following whom the person employs in regulated employment—(a)persons who made a working with children check (exemption) application;(b)persons who hold a working with children authority;(c)persons who are not required to hold a working with children authority;(d)persons about whom the person is notified under section 344AA.
172 Risk management strategies about regulated businesses
A person who carries on a regulated business must, for each year, develop and implement a written strategy about the regulated business that—(a)implements employment practices and procedures to promote the wellbeing of a child affected by the regulated business and to protect the child from harm; and(b)includes the matters prescribed under a regulation.Maximum penalty—20 penalty units.
Part 4 Screening requirements
Division 1 Preliminary
173 Requirements for employer giving notice about employing person
(1)Before giving a notice mentioned in section 175(1)(b) or 176C(1)(b) about the employment or proposed employment of a person, an employer must take reasonable steps to verify the person’s identity.Examples of reasonable steps—
•the employer views the person’s working with children card that includes the person’s photograph•the employer views the person’s driver licence that includes the person’s photograph(2)The employer must give the notice in the approved form and in an approved way.
Division 2 Requirement for working with children clearance
174 Application of division
This division does not apply in relation to the employment of a person, or the carrying on of a business by a person, who is a police officer or registered teacher.
175 Clearance required to employ person in regulated employment
(1)A person (the employer) must not employ, or continue to employ, another person (the employee) in regulated employment unless—(a)the employee holds a working with children clearance; and(b)the employer has given the chief executive a notice, under section 173, about employing the employee in regulated employment.Maximum penalty—
(a)if an aggravating circumstance applies to the offence—200 penalty units or 2 years imprisonment; or(b)otherwise—100 penalty units.(2)It is an aggravating circumstance for an offence against subsection (1) if—(a)the employee holds a negative notice and the employer knows, or ought reasonably to know, the employee holds the negative notice; or(b)the chief executive has given the employer a notice under chapter 8, part 5A that states the employee’s working with children authority has been cancelled; or(c)the chief executive has given the employer a withdrawal notice for a working with children check application made by the employee because section 199 applies; or(d)the employee holds a disability exclusion or interstate NDIS exclusion and the employer knows, or ought reasonably to know, the employee holds the disability exclusion or interstate NDIS exclusion; or(e)an adverse interstate WWC decision made about the employee is in effect and the employer knows, or ought reasonably to know, the decision is in effect.
176 Employing person with suspended clearance prohibited
A person (the employer) must not employ another person (the employee) to start in regulated employment if—(a)the employee holds a working with children clearance that is suspended; and(b)the employer knows, or ought reasonably to know, the employee’s clearance is suspended.Maximum penalty—200 penalty units or 2 years imprisonment.
176A Person prohibited from regulated employment without clearance
(1)A person must not start or continue in regulated employment unless the person holds a working with children clearance.Maximum penalty—
(a)if an aggravating circumstance applies to the offence—500 penalty units or 5 years imprisonment; or(b)otherwise—100 penalty units.(2)It is an aggravating circumstance for an offence against subsection (1) if the person—(a)holds a negative notice; or(b)is a disqualified person; or(c)held a working with children authority that was cancelled on the person’s request under chapter 8, part 5A, division 4; or(d)made a working with children check application and the application was withdrawn because section 199 applies; or(e)holds a disability exclusion or interstate NDIS exclusion; or(f)is the subject of an adverse interstate WWC decision that is in effect.(3)However, if the person’s working with children clearance was cancelled under chapter 8, part 5A, a court may not find the person contravened subsection (1) unless the court is satisfied the person was given written notice about the cancellation.(4)Also, if the person was issued a disability exclusion or interstate NDIS exclusion because a disability clearance or interstate NDIS clearance issued to the person was cancelled, a court may not find that the aggravating circumstance mentioned in subsection (2)(e) applies to the person unless the court is satisfied the person was given written notice about—(a)the issue of the disability exclusion or interstate NDIS exclusion; or(b)the cancellation of the disability clearance or interstate NDIS clearance.
176B Clearance required to carry on regulated business
A person must not carry on a regulated business unless the person holds a working with children clearance.Maximum penalty—500 penalty units or 5 years imprisonment.
Note—
Under section 14, particular executive officers of a corporation that carries on a regulated business are taken to carry on the regulated business.
Division 3 Requirement for working with children exemption for police officers and registered teachers
176C Exemption required to employ police officer or registered teacher in regulated employment
(1)A person (the employer) must not employ, or continue to employ, a police officer or registered teacher (the employee) in regulated employment unless—(a)either—(i)the employee holds a working with children authority; or(ii)the employee has made a working with children check (exemption) application and the application has not been decided or withdrawn; and(b)the employer has given the chief executive a notice, under section 173, about employing the employee in regulated employment.Maximum penalty—
(a)if an aggravating circumstance applies to the offence—200 penalty units or 2 years imprisonment; or(b)otherwise—100 penalty units.(2)It is an aggravating circumstance for an offence against subsection (1) if—(a)the employee holds a negative notice and the employer knows, or ought reasonably to know, the employee holds the negative notice; or(b)the chief executive has given the employer a notice under chapter 8, part 5A that states the employee’s working with children authority has been cancelled; or(c)the chief executive has given the employer a withdrawal notice for a working with children check application made by the person because section 199 applies; or(d)the employee holds a disability exclusion or interstate NDIS exclusion and the employer knows, or ought reasonably to know, the employee holds the disability exclusion or interstate NDIS exclusion; or(e)an adverse interstate WWC decision made about the employee is in effect and the employer knows, or ought reasonably to know, the decision is in effect.
176D Employing police officer or registered teacher with suspended authority prohibited
A person (the employer) must not employ a police officer or registered teacher (the employee) to start in regulated employment if—(a)the employee holds a working with children authority that is suspended; and(b)the employer knows, or ought reasonably to know, the employee’s authority is suspended.Maximum penalty—200 penalty units or 2 years imprisonment.
176E Police officer or registered teacher prohibited from regulated employment without exemption
(1)A person who is a police officer or registered teacher must not start or continue in regulated employment unless—(a)the person holds a working with children authority; or(b)the person has made a working with children check (exemption) application and the application has not been decided or withdrawn.Maximum penalty—
(a)if an aggravating circumstance applies to the offence—500 penalty units or 5 years imprisonment; or(b)otherwise—100 penalty units.(2)It is an aggravating circumstance for an offence against subsection (1) if the person—(a)holds a negative notice; or(b)for a person mentioned in subsection (1)(b)—is a disqualified person; or(c)held a working with children authority that was cancelled on the person’s request under chapter 8, part 5A, division 4; or(d)made a working with children check application that was withdrawn because section 199 applies; or(e)holds a disability exclusion or interstate NDIS exclusion; or(f)is the subject of an adverse interstate WWC decision that is in effect.(3)However, if the person’s working with children authority was cancelled under chapter 8, part 5A, a court may not find the person contravened subsection (1) unless the court is satisfied the person was given written notice about the cancellation.(4)Also, if the person was issued a disability exclusion or interstate NDIS exclusion because a disability clearance or interstate NDIS clearance issued to the person was cancelled, a court may not find that the aggravating circumstance mentioned in subsection (2)(e) applies to the person unless the court is satisfied the person was given written notice about—(a)the issue of the disability exclusion or interstate NDIS exclusion; or(b)the cancellation of the disability clearance or interstate NDIS clearance.
176F Exemption required for regulated employment if previous application withdrawn
(1)This section applies if a person who is a police officer or registered teacher makes a working with children check (exemption) application that is withdrawn because section 196 or 199 applies.(2)The person must not start or continue in regulated employment unless the person holds a working with children authority.Maximum penalty—
(a)if the withdrawal notice is given because section 199 applies—500 penalty units or 5 years imprisonment; or(b)otherwise—100 penalty units or 1 year’s imprisonment.(3)Despite section 176E, subsection (2) applies even if the person makes another working with children check (exemption) application.
176G Exemption required for police officer or registered teacher to carry on regulated business
A person who is a police officer or registered teacher must not carry on a regulated business unless—(a)the person holds a working with children authority; or(b)the person has made a working with children check (exemption) application and the application has not been decided or withdrawn.Maximum penalty—500 penalty units or 5 years imprisonment.
Note—
Under section 14, particular executive officers of a corporation that carries on a regulated business are taken to carry on the regulated business.
Division 4 Restricted persons prohibited from restricted employment
176H Definitions for division
In this division—restricted employment means employment that is not regulated employment under—(a)section 156(3) or (4); or(b)schedule 1, section 6A(3)(a) or (b).restricted person means a person who—(a)holds a negative notice; or(b)holds a working with children authority that is suspended; or(c)is a disqualified person and does not hold a working with children authority; or(d)has been charged with a disqualifying offence the proceeding for which has not ended; or(e)is the subject of an adverse interstate WWC decision that is in effect.
176I Employing restricted person in restricted employment prohibited
A person (the employer) must not employ, or continue to employ, another person (the employee) in restricted employment if—(a)the employee is a restricted person; and(b)the employer knows, or ought reasonably to know, the employee is a restricted person.Maximum penalty—200 penalty units or 2 years imprisonment.
176J Restricted person prohibited from starting or continuing in restricted employment
(1)A restricted person must not start or continue in restricted employment.Maximum penalty—500 penalty units or 5 years imprisonment.
(2)However—(a)if the person is a restricted person because the person holds a negative notice that was issued under chapter 8, part 5A when the person’s working with children authority was cancelled—a court may not find the person contravened subsection (1) unless the court is satisfied the person was given written notice about the issue of the negative notice; and(b)if the person is a restricted person because the person’s working with children authority is suspended under chapter 8, part 5A—a court may not find the person contravened subsection (1) unless the court is satisfied the person was given written notice about the suspension.
Chapter 8 Working with children checks and authorities
Part 1 [Repealed]
Division 1 [Repealed]
176K [Repealed]
176L [Repealed]
Division 2 [Repealed]
177 [Repealed]
178 [Repealed]
179 [Repealed]
180 [Repealed]
181 [Repealed]
182 [Repealed]
183 [Repealed]
184 [Repealed]
185 [Repealed]
Part 2 Working with children check applications
186 Meaning of disclosable matter
(1)A disclosable matter, in relation to a person, is a matter that relates to any of the following—(a)a domestic violence order made, or police protection notice issued, against the person under the Domestic and Family Violence Protection Act 2012;(b)an adverse interstate WWC decision against the person;(c)an allegation of harm caused by the person substantiated by the chief executive (child safety) or the chief executive of the department of another State administering a child welfare law of the State;(d)a type of disciplinary action taken against the person that is prescribed by regulation;(e)another matter relevant to whether the person poses a risk to the safety of children prescribed by regulation.(2)In this section—child welfare law see the Child Protection Act 1999, schedule 3.
187 Who may apply
(1)A person (an applicant) may apply to the chief executive for a working with children check.(2)A police officer or registered teacher (also an applicant) may apply to the chief executive for a working with children check for an exemption.
187A Application combined with disability worker screening application
(1)A person (an applicant) may combine an application mentioned in section 187(1) or (2) with a disability worker screening application.(2)An application made under subsection (1) is a combined application.(3)This chapter applies to a combined application to the extent it is an application mentioned in section 187(1) or (2).(4)If a combined application is made to the chief executive, the chief executive must give the information in the combined application, to the extent the information relates to the applicant’s disability worker screening application, to the chief executive (disability worker screening).
188 Form of application
(1)An application under this part must be—(a)in the approved form; and(b)made in an approved way; and(c)signed by the applicant.(2)A working with children check (general) application must be accompanied by the prescribed fee for the application, unless section 189 applies to the applicant.(3)The approved form must provide for the applicant—(a)to provide proof of the applicant’s identity; and(b)to consent to employment screening under this chapter; and(c)if the application is a working with children check (exemption) application—to declare that the applicant is a police officer or a registered teacher.(4)Further, the approved form may provide for the applicant to disclose whether particular police information or a disclosable matter exists in relation to the applicant.(5)If the approved form provides for the applicant to disclose whether particular police information exists in relation to the applicant, the applicant must not fail to disclose the police information.Maximum penalty—100 penalty units.
(6)If the approved form provides for the applicant to disclose whether a disclosable matter exists in relation to the applicant, the applicant must not fail to disclose the disclosable matter.Maximum penalty—10 penalty units.
189 No application fee for volunteers
(1)This section applies if the chief executive is satisfied the applicant—(a)has an agreement with another person (the employer) to be employed in regulated employment as a volunteer by the employer; or(b)proposes to carry on, or to continue carrying on, a regulated business other than for reward.(2)The applicant is not required to pay the prescribed fee for the application.
190 Chief executive may request further information
(1)On receiving an application under this part, the chief executive may give the applicant a notice asking the applicant to give the chief executive, within a reasonable stated time—(a)stated information that the chief executive reasonably needs to establish the applicant’s identity; or
(b)stated information, including by way of a submission, about a stated matter that the chief executive reasonably believes is relevant to the application.(2)A request under subsection (1) must state that, if the applicant does not comply with the request within the stated time, the applicant’s application will be withdrawn.
190A Chief executive may request further information for combined application
(1)This section applies if an applicant made a combined application and the chief executive becomes aware that, under the Disability Services Act 2006—(a)the applicant’s disability worker screening application has been withdrawn; or(b)a disability exclusion has been issued to the applicant.(2)The chief executive may give the applicant a notice asking the applicant to advise the chief executive, within a reasonable stated time, whether or not the applicant wishes to proceed with the working with children check application under this part.(3)A request under subsection (2) must state that, if the applicant does not comply with the request within the stated time, the applicant’s working with children check application will be withdrawn.
191 Working with children authority continues in force pending decision
(1)This section applies if an applicant holds a working with children authority (the current authority).(2)Despite sections 238(1) and 239(1), the current authority remains in force from the day it would otherwise end until the earliest of the following things happens—(a)the application is decided or withdrawn;(b)the current authority is cancelled;(c)if the application is a working with children check (exemption) application—the applicant stops being a police officer or registered teacher.
192 [Repealed]
193 Effect of application by negative notice holder
(1)This section applies if the applicant holds a negative notice.(2)The application has no effect.(3)The chief executive must give a notice that states the following matters to the applicant and each notifiable person for the applicant—(a)the application has no effect because the applicant holds a negative notice;(b)the day the negative notice was issued.(4)A notice given to the applicant under subsection (3) must also state the following matters—(a)the applicant may apply to cancel a negative notice under section 304G if—(i)the applicant is not a disqualified person; and(ii)the applicant is not the subject of an adverse interstate WWC decision that is in effect; and(iii)the application is made more than 3 years after the negative notice was issued;(b)if either of the following applies, the applicant may apply under section 304G to cancel the negative notice—(i)the decision to issue the notice was based on wrong or incomplete information;(ii)the negative notice was issued because the applicant was a disqualified person and the applicant is no longer a disqualified person.(5)If the negative notice was issued to the applicant because the applicant is a disqualified person, a notice given to the chief executive (child safety) under subsection (3) must also state the provision of the Act under which the negative notice was issued.
193A Effect of interim bar imposed under Disability Services Act 2006
(1)This section applies if—(a)the applicant has also made a disability worker screening application, regardless of whether the applicant made a combined application; and(b)the chief executive is aware that an interim bar has been imposed on the applicant under the Disability Services Act 2006, section 82.(2)The chief executive is not required to decide the applicant’s working with children check application until the chief executive becomes aware that the interim bar is no longer in effect.(3)If the chief executive defers deciding the working with children check application under subsection (2), the chief executive must give the applicant a written notice about the deferral.
Part 3 Withdrawal of application
194 Application of part
This part applies to a working with children check application.
195 Notice of withdrawal
(1)The chief executive withdraws an application by giving the applicant a notice (a withdrawal notice) that states the application is withdrawn.(2)The chief executive must give a withdrawal notice to the applicant if, before the application is decided—(a)the applicant withdraws the application under section 196; or(b)the chief executive is permitted or required, under this part, to withdraw the application.(3)If the application is a working with children check application, the chief executive must also give a withdrawal notice to each notifiable person and potential employer for the applicant.(4)A withdrawal notice must state the reason for the withdrawal.
196 Withdrawal by applicant
(1)The applicant may withdraw an application at any time before it is decided.(2)The applicant withdraws the application by giving the chief executive notice about the withdrawal.(3)The notice may be given orally or in writing.
196A Withdrawal of combined application
(1)This section applies if the applicant made a combined application.(2)The applicant may combine a notice withdrawing the applicant’s working with children check application under section 196 with a request to withdraw the applicant’s disability worker screening application.Note—
The request may be made orally or in writing. See—(a)section 196(3); and(b)the Disability Services Act 2006, section 75(2).(3)A request made under subsection (2) is a combined withdrawal request.(4)This part applies to a combined withdrawal request to the extent it is a notice under section 196.(5)If a combined withdrawal request is made to the chief executive, the chief executive must give a notice about the combined withdrawal request to the chief executive (disability worker screening).
197 Withdrawal by chief executive—identity can not be established
The chief executive must withdraw an application if—(a)the chief executive gives the applicant a notice under section 190(1)(a) asking the applicant to provide information to establish the applicant’s identity within a stated time; and(b)the notice includes the warning mentioned in section 190(2); and(c)the applicant does not comply with the request; and(d)the chief executive can not establish the applicant’s identity with certainty.
198 Withdrawal by chief executive—failure to comply with particular requests
(1)The chief executive must withdraw an application if—(a)the chief executive gives the applicant a notice under section 190(1)(b) or 190A(2); and(b)the notice includes a warning that, if the applicant does not comply with the notice, the application will be withdrawn; and(c)the person does not comply with the notice.(2)The chief executive may withdraw an application if—(a)the chief executive gives the applicant a notice under section 330, 332 or 333 asking the applicant to give the consent, or take the other action, stated in the notice; and(b)the notice includes a warning that, if the applicant does not comply with the notice, the chief executive may withdraw the application; and(c)the person does not comply with the notice.
199 Withdrawal by chief executive—applicant charged with serious offence or disqualifying offence etc.
(1)The chief executive must withdraw a working with children check application if the applicant is charged with a serious offence or disqualifying offence.(2)If the applicant is charged with a disqualifying offence, a withdrawal notice given under section 195 because this section applies must state that—(a)for a notice given to the applicant—it is an offence for the applicant to start or continue in restricted employment; or(b)for a notice given to a notifiable person or potential employer for the applicant—it is an offence for an employer or potential employer to employ, or continue to employ, the applicant in restricted employment.
200 Withdrawal by chief executive—applicant no longer police officer or registered teacher
(1)The chief executive must withdraw a working with children check (exemption) application made by a police officer if the applicant or the police commissioner gives the chief executive a written notice that states the applicant is no longer a police officer.(2)The chief executive must withdraw a working with children check (exemption) application made by a registered teacher if the applicant or the college of teachers gives the chief executive a written notice that states the applicant is no longer a registered teacher.
201 Withdrawal by chief executive—adverse interstate WWC decision in effect
(1)The chief executive must withdraw an application if the chief executive becomes aware—(a)an adverse interstate WWC decision has been made about the applicant; and(b)the decision is in effect.(2)A withdrawal notice given under section 195 because this section applies must state that—(a)for a notice given to the applicant—it is an offence for the applicant to start or continue in restricted employment; or(b)for a notice given to a notifiable person or potential employer for the applicant—it is an offence for an employer or potential employer to employ, or continue to employ, the applicant in restricted employment.
Part 4 Working with children authorities
Division 3 [Repealed]
Division 4 [Repealed]
Division 5 [Repealed]
Division 6 [Repealed]
Division 7 [Repealed]
202 [Repealed]
203 [Repealed]
204 [Repealed]
205 [Repealed]
206 [Repealed]
207 [Repealed]
208 [Repealed]
209 [Repealed]
210 [Repealed]
Division 8 [Repealed]
211 [Repealed]
212 [Repealed]
213 [Repealed]
214 [Repealed]
215 [Repealed]
216 [Repealed]
217 [Repealed]
218 [Repealed]
Division 9 Dealing with and deciding applications
Subdivision 1 Preliminary
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.
Subdivision 2 Working with children check (exemption) applications
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.
Subdivision 3 Deciding applications
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.
Subdivision 4 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.
231A [Repealed]
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.
232A [Repealed]
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.
Subdivision 5 Term of authority or negative notice
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.
Subdivision 6 Advisory committees
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.
Subdivision 7 Miscellaneous
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.
Division 10 Steps after application decided
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.
Division 11 [Repealed]
Division 12 [Repealed]
Division 13 Persons who are police officers or registered teachers
247 Clearances held by police officers and registered teachers
(1)This section applies if—(a)a person holds a working with children clearance; and(b)the person is or becomes a police officer or registered teacher.(2)The person’s working with children clearance continues in effect subject to section 238.(3)This chapter continues to apply in relation to the person’s working with children clearance while it is in force.(4)If the chief executive is aware the person is a police officer or registered teacher and, under part 5A or part 7, division 1, the chief executive is required or permitted to issue a working with children clearance to the person, the chief executive must instead issue a working with children exemption to the person.
Part 5 [Repealed]
Division 1 [Repealed]
248 [Repealed]
249 [Repealed]
Division 2 [Repealed]
250 [Repealed]
251 [Repealed]
Division 3 [Repealed]
252 [Repealed]
253 [Repealed]
254 [Repealed]
255 [Repealed]
256 [Repealed]
Division 4 [Repealed]
257 [Repealed]
258 [Repealed]
Division 5 [Repealed]
259 [Repealed]
Division 6 [Repealed]
260 [Repealed]
261 [Repealed]
262 [Repealed]
263 [Repealed]
264 [Repealed]
265 [Repealed]
266 [Repealed]
267 [Repealed]
268 [Repealed]
269 [Repealed]
270 [Repealed]
271 [Repealed]
Division 7 [Repealed]
272 [Repealed]
273 [Repealed]
274 [Repealed]
275 [Repealed]
276 [Repealed]
277 [Repealed]
278 [Repealed]
279 [Repealed]
280 [Repealed]
Division 8 [Repealed]
281 [Repealed]
282 [Repealed]
283 [Repealed]
284 [Repealed]
285 [Repealed]
286 [Repealed]
287 [Repealed]
288 [Repealed]
289
289A [Repealed]
Division 9 [Repealed]
290 [Repealed]
290A [Repealed]
291 [Repealed]
292 [Repealed]
293 [Repealed]
Division 10 [Repealed]
Division 11 [Repealed]
Part 5A Suspension or cancellation of working with children authority
Division 1 Preliminary
294 Chief executive’s decisions under this part
(1)This section applies if a provision of this part requires the chief executive to decide—(a)whether to cancel a person’s working with children authority or negative notice; or(b)whether it is appropriate to issue a working with children authority or negative notice to a person; or(c)whether to cancel a person’s suspended working with children authority or end the suspension of a person’s working with children authority.(2)The chief executive must decide the matter as if it were a decision about a working with children check application and, for that purpose, part 4, division 9 applies.(3)Part 4, division 9 applies to the matter as if—(a)a reference in the division to approving an application for a working with children authority were a reference to deciding—(i)it is appropriate to issue a working with children authority to a person; or(ii)it is not appropriate to issue a negative notice to a person; or(iii)not to cancel a person’s working with children authority; or(iv)to cancel a person’s negative notice; or(v)to end the suspension of a person’s working with children authority; and(b)a reference in the division to refusing an application for a working with children authority were a reference to deciding—(i)it is appropriate to issue a negative notice to a person; or(ii)it is not appropriate to issue a working with children authority to a person; or(iii)not to cancel a person’s negative notice; or(iv)to cancel a person’s working with children authority.
Division 2 Suspension of working with children authority
295 Application of division
(1)This division applies if—(a)a person who holds a working with children authority is charged with a prescribed offence; or(b)a registered teacher holds a working with children clearance and the teacher’s teacher registration is suspended under the Education (Queensland College of Teachers) Act 2005, section 49; or(c)a person who holds a working with children authority also holds an interstate working with children authority and the person’s interstate working with children authority is suspended under a corresponding WWC law; or(d)a person holds a working with children authority and an interstate interim bar is imposed on the person.(2)This division also applies if—(a)the chief executive becomes aware of assessable information about a person who holds a working with children authority that—(i)was not known to the chief executive when the chief executive decided to issue the authority; and(ii)the chief executive reasonably believes is relevant to deciding whether the person would pose a risk to the safety of children if the person continues to hold the authority, taking into account the reasonable person test in section 233 and the matters in section 234; and(b)the chief executive considers that if the person were permitted to engage in, or continue to engage in, regulated employment or carry on a regulated business pending the determination of the person’s continuing eligibility to hold an authority, the person would pose a risk to the safety of children.(3)For subsection (1), a prescribed offence is—(a)an offence against a provision of an Act mentioned in schedule 2 or 4, column 1, subject to any qualification mentioned in column 3 opposite the provision; or(b)an offence of counselling or procuring the commission of an offence of a kind mentioned in paragraph (a); or(c)an offence of attempting, or of conspiring, to commit an offence of a kind mentioned in paragraph (a); or(d)an offence that has, as an element, an intention to commit an offence of a kind mentioned in paragraph (a); or(e)an offence that, at the time it was committed, or is alleged to have been committed, was an offence of a kind mentioned in paragraph (a); or(f)another offence that is a reportable offence under the Offender Reporting Act that is not otherwise a prescribed offence; or(g)an offence under a law of another jurisdiction that, if it had been committed in Queensland, would have constituted an offence mentioned in paragraph (a) to (f).
(c)under the Education and Care Services Act 2013, section 91 or 200; or
(d)under the Education and Care Services National Law (Queensland) Act 2011, section 20 or 21; or
(e)under the Education and Care Services National Law (Queensland), section 271; or
(f)under the Child Protection Act 1999, section 140A; or
(g)under the Education (Queensland College of Teachers) Act 2005, section 285, or the repealed Education (Teacher Registration) Act 1988, section 71B; or
(h)under the Education (Queensland College of Teachers) Act 2005, section 285A in relation to a matter mentioned in subsection (1)(a)(ii) to (iv) of that section; or
(i)under the Education (Queensland College of Teachers) Act 2005, section 285AA; or
(j)under the repealed Health Practitioners (Disciplinary Proceedings) Act 1999, section 384A.
disclosable matter, in relation to a person, see section 186(1).
disqualification order means—
(a)an order under section 357; or
(b)an offender prohibition disqualification order.
disqualified person see section 17.
disqualifying offence see section 16.
domestic violence information, about a person, means information about the history of domestic violence orders made, or police protection notices issued, against the person under the Domestic and Family Violence Protection Act 2012.
domestic violence order see the Domestic and Family Violence Protection Act 2012, section 23(2).
education and care service see the Education and Care Services National Law (Queensland), section 5(1).
education and care service premises see the Education and Care Services National Law (Queensland), section 5(1).
education provider means—
(a)a registered higher education provider under the Tertiary Education Quality and Standards Agency Act 2011 (Cwlth); or
(b)a registered training organisation under the National Vocational Education and Training Regulator Act 2011 (Cwlth).
educator—
(a)for education and care provided under the Education and Care Services National Law (Queensland)—means an educator under that Law; or
(b)for regulated education and care provided under the Education and Care Services Act 2013—means an educator under that Act.
eligibility application ...
eligibility declaration ...
employing ...
employment—
(a)in relation to a trainee student—see sections 10 and 11; or
(b)in relation to regulated employment mentioned in schedule 1, section 4(2) or (3)—includes employment by the person mentioned in that section in the circumstances mentioned in the section; or
(c)in relation to regulated employment mentioned in schedule 1, section 14(1) or (2)—includes employment by the State in the circumstances mentioned in section 12; or
(d)otherwise—see section 10.
employment-screening decision, in relation to a person, means a decision about—
(a)whether a working with children authority or negative notice should be issued to the person; or
(b)whether a person’s working with children authority or negative notice should be cancelled.
engage ...
exceptional case ...
excluding offence ...
executive officer, of a corporation, means any person, by whatever name called and whether or not the person is a director of the corporation, who is concerned or takes part in the management of the corporation.
exemption notice ...
exemption notice application ...
expert advisor means a person appointed under section 246D.
family day care residence see the Education and Care Services National Law (Queensland), section 5(1).
family day care service see the Education and Care Services National Law (Queensland), section 5(1).
final offender prohibition order means a final order under the Offender Reporting Act.
final sexual offender order means a division 3 order under the Dangerous Prisoners (Sexual Offenders) Act 2003.
foster or kinship care, for chapter 8A, see section 357B(a).
foster and kinship care service means an entity that is funded by the State to provide services supporting approved carers, or carer applicants, under a contract with the chief executive (child safety).
funded non-government service provider ...
government entity means a government entity under the Public Sector Act 2022, section 276, and includes the police service to the extent it is not a government entity under that section.
government service provider ...
guardian, of a child, means any of the following persons—
(a)a person who is recognised in law as having all the duties, powers, responsibilities and authority relating to the child that, by law, parents have relating to their children;Editor’s note—
See the Family Law Act 1975 (Cwlth), part VII (Children), division 2 (Parental responsibility).
(b)a person in whose favour a parenting order is in force under the Family Law Act 1975 (Cwlth);
(c)a carer of the child under the Child Protection Act 1999;
(d)a person who is entitled to the custody of the child under the Adoption Act 2009.
guardian, of a person with disability, means a guardian appointed for the person under the Guardianship and Administration Act 2000.
harm has the meaning given in the Child Protection Act 1999, section 9.
Editor’s note—
Child Protection Act 1999, section 9—9What is harm
(1)Harm, to a child, is any detrimental effect of a significant nature on the child’s physical, psychological or emotional wellbeing.
(2)It is immaterial how the harm is caused.(3)Harm can be caused by—(a)physical, psychological or emotional abuse or neglect; or(b)sexual abuse or exploitation.(4)Harm can be caused by—(a)a single act, omission or circumstance; or(b)a series or combination of acts, omissions or circumstances.
health facility—
(a)means a hospital, nursing home, community health facility or another similar place; and
(b)includes a place that is used as a hospital, nursing home or community health facility on a temporary basis.
health professional means—
(a)a registered health practitioner; or
(b)a health care worker; or
(c)an assistant to a health practitioner.Examples for paragraph (c)—
dental assistant, nurses aide
health student means a person to whom education or training is being provided at a health facility if the education or training enables the person to whom it is provided—
(a)to obtain the necessary education or qualification to become a health professional; or
(b)to obtain the necessary registration, enrolment or other authorisation (however called) to practise as a health professional; or
(c)to complete a course of study for paragraph (b).
health student regulated business ...
health student regulated employment ...
home-based care service, for chapter 8A, see section 357B.
home-based family day care service, for chapter 8A, see section 357B(b).
home-based stand-alone care service see section 357B(c).
hospital means a public sector hospital under the Hospital and Health Boards Act 2011 or a private health facility under the Private Health Facilities Act 1999.
identifying information, in relation to a person, for chapter 8, part 4, division 9, subdivision 2, see section 221.
imprisonment order—
(a)means either of the following orders—(i)an order of a court that convicts a person for an offence, if the order includes a penalty that includes imprisonment for the offence, whether wholly or partially suspended;(ii)an intensive correction order under the Penalties and Sentences Act 1992 or an order of another jurisdiction that substantially corresponds to an intensive correction order; but
(b)does not include an order of imprisonment that is imposed as a consequence of a breach of a community service order or probation order within the meaning of the Penalties and Sentences Act 1992.
in effect, in relation to an adverse interstate WWC decision, see section 20(2).
influence ...
interim sexual offender order means an interim detention order or interim supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003.
interstate interim bar see section 19(5).
interstate NDIS clearance see the Disability Services Act 2006, section 50(3).
interstate NDIS exclusion see the Disability Services Act 2006, section 51(3).
interstate negative notice see section 19(3).
interstate screening unit means an entity responsible, under a corresponding WWC law, for deciding interstate working with children check applications.
interstate working with children authority see section 19(2).
interstate working with children check application see section 19(1).
in the child safety system ...
investigative information see section 305.
issue—
(a)a negative notice to a person includes issue a negative notice to the person when the person’s working with children authority is cancelled; and
(b)a working with children authority to a person includes issue a working with children authority to the person when the person’s negative notice is cancelled.
jurisdiction, other than in relation to this jurisdiction, means the Commonwealth, a State or a foreign jurisdiction.
licensed care service means a licensed care service under the Child Protection Act 1999.
licensed residential facility means a licensed residential facility under the Child Protection Act 1999.
licensee ...
member, of a person’s household, see the Child Protection Act 1999, schedule 3.
minimum frequency for regulated employment ...
monitoring functions ...
national policing information see the Australian Crime Commission Act 2002 (Cwlth), section 4(1).
national policing information functions see the Australian Crime Commission Act 2002 (Cwlth), section 4(1).
NDIS clearance see the Disability Services Act 2006, section 50(2).
NDIS non-government service provider ...
NDIS supports or services see the Disability Services Act 2006, section 12A.
negative exemption notice ...
negative notice see section 18C.
new disqualified person ...
new disqualifying offence ...
new local government regulated business ...
new local government regulated employment ...
new relevant disqualified person ...
new serious offence ...
notice for information ...
notice of deemed withdrawal ...
notifiable person, for a person—
(a)means—(i)if the chief executive is aware the person has applied for, started or is continuing in, regulated employment—the person’s employer or proposed employer; or(ii)if the chief executive is aware the person is a trainee student of an education provider—the education provider; or(iii)if the chief executive is aware that the person is an approved provider or staff member for a QEC service, or a volunteer who works in or as part of a QEC service, under the Education and Care Services Act 2013—the chief executive (education and care); or(iv)if the chief executive is aware that the person is an adult occupant of a home in which a home-based stand-alone care service is provided—the chief executive (child care); or(v)if the chief executive is aware that the person is an approved provider or staff member in relation to an education and care service under the Education and Care Services National Law (Queensland)—the chief executive (education and care); or(vi)if the chief executive is aware the person is an adult occupant of a family day care residence—the chief executive (education and care); or(vii)if the chief executive is aware that the person is carrying on a regulated business as a religious representative—an entity within the relevant organised or recognised religious group that the chief executive reasonably considers has responsibility for supervising or disciplining the person; or(viii)if the chief executive is aware that the person is the nominee for, or an executive officer of an applicant for or holder of, a licence under the Child Protection Act 1999—the chief executive (child safety); or(ix)if the chief executive is aware that the person performs a risk-assessed role for a licensed care service but is not an employee of the licensed care service—the licensee of the licensed care service under the Child Protection Act 1999; or(x)if the chief executive is aware that a person is an approved carer or an adult member of an approved carer’s household—a foster and kinship care service supporting the person; or(xi)if the chief executive is aware that a person is a carer applicant or is an adult member of the carer applicant’s household—a foster and kinship care service supporting the person; and
(b)includes—(i)if the person is a police officer—the police commissioner; or(ii)if the person is a registered teacher—the college of teachers.
obstruct ...
occupant—
(a)of a home in which a home-based stand-alone service is provided, see the Education and Care Services Act 2013, schedule 1; or
(b)of a family day care residence, see the Education and Care Services National Law (Queensland) Act 2011, section 22(4).
offender prohibition disqualification order means a disqualification order made under the Offender Reporting Act, section 13T.
offender prohibition order means an offender prohibition order under the Offender Reporting Act.
Offender Prohibition Order Act ...
Offender Reporting Act means the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004.
offender reporting obligations means reporting obligations under the Offender Reporting Act.
original reviews ...
other new regulated business ...
other new regulated employment ...
parent see section 390.
person with a disability ...
police commissioner ...
police information, about a person, means the following—
(a)the person’s criminal history;
(b)investigative information about the person;
(c)information as to whether the person is or has been—(i)a disqualified person; or(ii)the subject of an application for a disqualification order; or(iii)named as the respondent to an application for an offender prohibition order.
police protection notice see the Domestic and Family Violence Protection Act 2012, sections 101(1) and 101A(1).
police service means the Queensland Police Service.
policies ...
positive exemption notice ...
positive notice ...
positive notice blue card ...
potential employer, of a person, means a person who—
(a)the chief executive reasonably believes employs, or proposes to employ, the person; and
(b)is not a notifiable person for the person.
prescribed department means—
(a)the department responsible for the care and protection of children; or
(b)the department responsible for community services; or
(c)the department responsible for disability services; or
(d)the department responsible for mental health.
prescribed entity, for chapter 8, part 6, division 8A, see section 344AAA.
prescribed fee means fee prescribed under a regulation.
prescribed notice ...
prescribed notice application ...
prescribed period, for chapter 8, part 7, division 3, see section 353.
prescribed person ...
prescribed police information ...
previous section 97 ...
private service provider ...
proof of identity documents ...
provisionally approved carer means a provisionally approved carer under the Child Protection Act 1999.
Public Safety Business Agency ...
public sector entity see the Public Sector Act 2022, section 8.
QCAT child-related employment review, for chapter 9, part 1, see section 358.
QCAT president, for chapter 9, part 1, see section 358.
QEC service means a Queensland education and care service.
QEC service premises means each place at which a QEC service operates or is to operate.
Queensland education and care service see the Education and Care Services Act 2013, section 8.
Queensland Government website means a website with a URL that contains ‘qld.gov.au’, other than the website of a local government.
recorded statement see the Evidence Act 1977, section 103A.
register, for chapter 8A, see section 357A.
registered health practitioner means a person registered under the Health Practitioner Regulation National Law, other than as a student.
registered teacher means a person who holds full registration or provisional registration under the Education (Queensland College of Teachers) Act 2005 and whose full or provisional registration is not suspended under section 48 or 49 of that Act.
regulated business see section 157.
regulated employment see section 156.
regulated person, for chapter 8A, see section 357C.
relative, of a person—
(a)means the person’s parent, grandparent, great grandparent, brother, sister, uncle, aunt, niece, nephew or first cousin; and
(b)for an Aboriginal person—includes a person who, under Aboriginal tradition, is regarded as a relative mentioned in paragraph (a); and
(c)for a Torres Strait Islander—includes a person who, under Island custom, is regarded as a relative mentioned in paragraph (a); and
(d)for a person with a parent who is not a natural parent—includes anyone who would be a relative mentioned in paragraph (a) if the parent were a natural parent.Example for paragraph (d)—
The daughter of a person’s step-parent is a relative of the person.
relevant disqualified person ...
relevant disqualified person decision ...
relevant person, for chapter 8, part 6, division 5, subdivision 3, see section 328A.
relevant provider ...
relevant review and appeal information, for a decision about a person, means the following information—
(a)if the reasons for the decision do not include investigative information—the circumstances in which the person may apply to QCAT for a review of the decision under chapter 8, part 7, division 3; and
(b)if the reasons for the decision include investigative information—(i)the right of the person to appeal, under section 307, to a Magistrates Court about the police commissioner’s decision that the information is investigative information; and(ii)the circumstances in which the person may apply to QCAT for a review of the decision under section 309(3);
(c)the period within which the person must apply to QCAT for the review or appeal to a Magistrates Court;
(d)how the person may apply for the review to QCAT or appeal to a Magistrates Court;
(e)there is no review or appeal under this Act in relation to the decision other than as mentioned in paragraph (a) or (b).
relevant service providers ...
religious representative means a person—
(a)who is a member of—(i)an organised religion; or(ii)a religious group even if the group is not part of, or does not consider itself to be part of, an organised religion; and
(b)who, because of the way the organised religion or religious group operates—(i)holds a position in the religion or group that is supported by the religion or group, including financial support, in a way that allows the person—(A)to devote himself or herself to promoting the religion’s or group’s objects or values; and(B)to hold himself or herself out as a representative of the religion or group; or(ii)is training to hold a position mentioned in subparagraph (i).
repealed Act means the Children’s Commissioner and Children’s Services Appeals Tribunals Act 1996.
residential facility means a place at which a child accommodation service is provided—
(a)by a prescribed department; or
(b)under funding provided by a prescribed department; or
(c)under funding provided by the Commonwealth and administered by a prescribed department; or
(d)under a licence under the Child Protection Act 1999; or
(e)to children who are, under the Child Protection Act 1999, in the custody or guardianship of the chief executive of the department in which that Act is administered, if the place is prescribed under a regulation made for this paragraph.
restricted employment see section 176H.
restricted person, for chapter 7, part 4, division 4, see section 176H.
reviewable decision ...
review criteria ...
risk-assessed role see the Child Protection Act 1999, section 123A.
risk assessment means a risk assessment conducted by the chief executive under chapter 8, part 4, division 9, subdivision 4.
risk to the safety of children see section 18D.
school means—
(a)a State educational institution; or
(b)an accredited school under the Education (Accreditation of Non-State Schools) Act 2017.
section 93A transcript has the meaning it has under the Evidence Act 1977, schedule 3.
serious child-related sexual offence ...
serious offence see section 15.
serious offence involving a child ...
service provider ...
sexual offender order means a division 3 order, interim detention order or interim supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003.
sport means a form of human activity capable of achieving a result requiring physical exertion or physical skill that, because of its nature or organisation, is competitive and is generally recognised as sport.
staff member—
(a)in relation to an education and care service—means an individual employed, appointed or engaged to work in or as part of the service, whether as a family day care co-ordinator, educator or otherwise, and includes the nominated supervisor and a person employed, appointed or engaged as a volunteer; or
(b)in relation to a QEC service, see the Education and Care Services Act 2013, schedule 1.
stand-alone service see the Education and Care Services Act 2013, section 9.
State clearance see the Disability Services Act 2006, section 50(4).
State Coroner ...
State educational institution see the Education (General Provisions) Act 2006, schedule 4.
suitability notice ...
teacher registration, of a person, means the person’s full registration or provisional registration under the Education (Queensland College of Teachers) Act 2005.
teacher registration information ...
temporary offender prohibition order means a temporary order under the Offender Reporting Act.
trainee student, of an education provider, means a person undertaking a course of study with the education provider.
transitioning person ...
unamended Act ...
unit of public administration ...
visitable home ...
visitable site ...
volunteer see section 13.
withdrawal notice see section 195.
woman ...
work includes the provision of a service, or the conduct of an activity—
(a)as part of providing a child accommodation service; or
(b)in the course of a religious vocation.
working with children authority see section 18.
working with children card means a document, in the form of a card, that—
(a)evidences that a working with children authority has been issued to a person; and
(b)includes a photograph of the person and the following information—(i)the person’s name;(ii)a registration number for the person’s authority;(iii)the expiry date of the person’s authority.
working with children check application means—
(a)a working with children check (general) application; or
(b)a working with children check (exemption) application.
working with children check (exemption) application means—
(a)an application for a working with children check for an exemption made under section 187(2); or
(b)a combined application, to the extent it is an application mentioned in paragraph (a).
working with children check (general) application means—
(a)an application for a working with children check made under section 187(1); or
(b)a combined application, to the extent it is an application mentioned in paragraph (a).
working with children check national reference system means the system administered by the ACC, under its national policing information functions, that holds national policing information about—
(a)decisions made by the chief executive under chapter 8 in relation to working with children check applications and working with children authorities; and
(b)decisions made under corresponding WWC laws about interstate working with children check applications and interstate working with children authorities.
working with children clearance see section 18A.
working with children exemption see section 18B.
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