Working with Children (Risk Management and Screening) and Other Legislation Amendment Act 2019 (Qld)

The Parliament of Queensland enacts—

Part 1    Preliminary

1   Short title

This Act may be cited as the Working with Children (Risk Management and Screening) and Other Legislation Amendment Act 2019.

2   Commencement

This Act commences on a day to be fixed by proclamation.

Part 2    Amendment of Working with Children (Risk Management and Screening) Act 2000

3   Act amended

This part amends the Working with Children (Risk Management and Screening) Act 2000.

Note—

See also the amendments in schedule 1.

4   Insertion of new ch 1, pt 1, hdg

Chapter 1—
insert—

Part 1    Introduction

5   Insertion of new s 7

After section 6—
insert—

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.

6   Amendment of s 8 (Chief executive’s main functions)

Section 8—
insert—

(c)to establish a register of regulated persons who provide home-based care services to children.

7   Insertion of new ch 1, pt 2, hdg

After section 8—
insert—

Part 2    Interpretation

8   Relocation and renumbering of s 3 (Dictionary)

Section 3—
relocate to chapter 1, part 2, as inserted by this Act, and renumber as section 9.

9   Amendment and renumbering of ch 8, hdg (Screening for regulated employment and regulated businesses)

(1)Chapter 8, heading, ‘Screening for regulated’—
omit, insert—

Regulated

(2)Chapter 8—
renumber as chapter 7.

10   Replacement of ss 156–157

Sections 156 and 157—
omit, insert—

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, the employment of a person is not regulated employment if the person is employed to work, and works, in the employment for not more than 7 days in a calendar year.

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.

11   Omission of s 160 (Application of chapter to children)

Section 160—
omit.

12   Amendment of s 162 (What is employment when education provider arranges trainee student to carry out work for someone else)

(1)Section 162, ‘section 161’—
omit, insert—

section 10

(2)Section 162(3) and (4)—
omit, insert—

(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.

13   Amendment of s 169 (Who is a disqualified person)

(1)Section 169(1)—
insert—

(c)is the respondent to an application for an offender prohibition order under the Offender Reporting Act.

(2)Section 169(2)—
omit, insert—

(2)However, a person to whom subsection (1)(a) applies and subsection (1)(b) and (c) do not apply is not a disqualified person if an eligibility declaration is in force for the person.

Note—

See chapter 8, part 1, division 2 for provisions about obtaining an eligibility declaration, when an eligibility declaration is taken to be issued and when an eligibility declaration ends.

14   Amendment of s 170 (Who is a relevant disqualified person)

Section 170—
insert—

(c)is the respondent to an application for an offender prohibition order under the Offender Reporting Act.

15   Relocation and renumbering of ss 161–170

Sections 161 to 170, as amended by this Act—
relocate to chapter 1, part 2, as inserted by this Act, and renumber as sections 10 to 18.

Editor’s note—

See amendment of sections 161, 164 and 166 in schedule 1.

16   Omission of ch 7, pt 2, hdg (Interpretation)

Chapter 7, as renumbered by this Act, part 2, heading—
omit.

17   Replacement of ch 7, pt 4, hdg and div 1

Chapter 7, as renumbered by this Act, part 4, heading and division 1—
omit, insert—

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.

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.

(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.

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.

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.

(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.

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, part 1, section 3(2)(b), 4(4), 4A(2), 5(2), 6(3)(c)(i) or 11(2)(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

Note—

See chapter 8, part 1, division 2 and sections 223 and 285 for circumstances in which a disqualified person may be issued a working with children authority.

(d)has been charged with a disqualifying offence the proceeding for which has not ended.

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.

18   Insertion of new ch 8, hdg and ch 8, pt 1, hdg

After section 176J, as inserted by this Act—
insert—

Chapter 8    Working with children checks and authorities

Part 1    Restrictions on making working with children check applications

19   Insertion of new ch 8, pt 1, div 1

Chapter 8, part 1, as inserted by this Act—
insert—

Division 1 Prohibited applications

176K    Application by disqualified person prohibited

A disqualified person must not make a working with children check application.

Maximum penalty—500 penalty units or 5 years imprisonment.

176L    Application by negative notice holder prohibited

(1)A person who holds a negative notice must not make a working with children check application.

Maximum penalty—500 penalty units or 5 years imprisonment.

(2)However, if the person’s negative notice was issued under 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.

20   Amendment of s 177 (Purpose of div 2)

Section 177, from ‘is eligible’—
omit, insert—

is eligible to make a working with children check application.

21   Amendment of s 178 (Application for an eligibility declaration)

(1)Section 178(3)(a)—
omit, insert—

(a)made in the approved form and in an approved way; and

(2)Section 178(4)—
omit, insert—

(4)The approved form must provide for the application to provide proof of the applicant’s identity.

22   Amendment of s 180 (Chief executive’s decision on eligibility application)

(1)Section 180(2) and (3)—
omit, insert—

(2)The chief executive must decide the eligibility application as if it were a decision about a working with children check application and, for that purpose—

(a)if the person is a police officer or registered teacher—part 5, division 8 applies; or

(b)otherwise—part 4, division 9 applies.

(3)The division mentioned in subsection (2) applies as if—

(a)a reference in the division to a working with children check application were a reference to an eligibility application; and

(b)a reference in the division to issuing a working with children authority were a reference to issuing an eligibility declaration; and

(c)a reference in the division to issuing a negative notice were a reference to refusing the eligibility application.

(2)Section 180(6)(c)—
omit, insert—

(c)that, if the person is not a disqualified person for another reason, the person may make a working with children check application;

23   Amendment of s 181 (Eligibility declaration taken to have been issued)

Section 181(a) and (b)—
omit, insert—

(a)issues a working with children authority to the person; or

(b)cancels a negative notice issued to the person; or

(c)decides not to cancel the person’s working with children authority under section 300.

24   Replacement of s 182 (Withdrawing eligibility application generally)

Section 182—
omit, insert—

182   Chief executive may request further information

(1)On receiving an eligibility application, 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.

25   Omission of ss 183 and 184

Sections 183 and 184—
omit.

26   Replacement of s 185 (Expiry of eligibility declaration)

Section 185—
omit, insert—

185   When eligibility declaration ends

(1)An eligibility declaration issued to a person remains in force until it ends under subsection (2).

(2)An eligibility declaration issued to a person ends if, after it is issued—

(a)the person—

(i)is charged with a disqualifying offence; or

(ii)is convicted of a serious offence; or

(iii)becomes a relevant disqualified person; or

(b)a negative notice is issued to the person; or

(c)a working with children authority held by the person is cancelled.

26A    Amendment of s 208 (Deemed withdrawal of consent to employment screening if charged with disqualifying offence etc.)

Section 208, before ‘disqualifying offence’—
insert—

serious offence or

26B    Amendment of s 217 (Deemed withdrawal of application if person charged with disqualifying offence etc.)

Section 217, before ‘disqualifying offence’—
insert—

serious offence or

27   Omission of ch 8, pt 4, divs 3–8

Chapter 8, part 4, divisions 3 to 8—
omit.

28   Insertion of new ch 8, pts 2 and 3

After section 186—
insert—

Part 2    Working with children check applications

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.

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)Also, the approved form must state—

(a)it is an offence for a disqualified person to make a working with children check application; and

(b)a disqualified person may apply for an eligibility declaration which, if issued, will allow the person to make a working with children check application.

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.

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 231(1) and 289(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   Effect of application by disqualified person

(1)This section applies if the applicant is a disqualified person.

(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 chief executive is satisfied the applicant is a disqualified person;

(b)the application has no effect because the applicant is a disqualified person;

(c)it is an offence for the applicant to, or to allow the applicant to, start or continue in regulated employment, or restricted employment, or for the applicant to carry on a regulated business.

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)If the negative notice was issued to the applicant because the applicant is a relevant 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.

Part 3    Withdrawal of application

194   Application of part

This part applies to—

(a)a working with children check application; and

(b)an eligibility 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 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.

197   Deemed withdrawal—identity can not be established

The chief executive must withdraw an application if—

(a)the chief executive gives the applicant a notice under section 182(1)(a) or 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 182(2) or 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   Deemed withdrawal—failure to comply with particular requests

The chief executive may withdraw an application if—

(a)the chief executive gives the applicant—

(i)a notice under section 182(1)(b) or 190(1)(b) asking the applicant to provide stated information; or

(ii)a notice under section 330, 332, 333, 337 or 338 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 application will be withdrawn; and

(c)the person does not comply with the notice.

199   Deemed withdrawal—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)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 for the applicant—it is an offence to employ, or continue to employ, the applicant in restricted employment.

200   Deemed withdrawal—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.

29   Insertion of new ch 8, pt 4, hdg

After chapter 8, part 3, as inserted by this Act—
insert—

Part 4    Working with children clearances

30   Amendment of ch 8, pt 4, div 9, hdg (Deciding prescribed notice application)

Chapter 8, part 4, division 9, heading, ‘prescribed notice’—
omit.

31   Replacement of ss 219 and 220

Sections 219 and 220—
omit, insert—

219   Application of division

This division applies if a person made a working with children check (general) application and the application has not been withdrawn.

220   Deciding application—generally

(1)The chief executive must decide to approve or refuse the application under this division.

(2)If the chief executive approves the application, the chief executive must issue a written notice that states the application is approved (a working with children clearance) to the person.

(3)If the chief executive refuses the application, the chief executive must issue a written notice that states the application is refused (a negative notice) to the person.

32   Replacement of s 224 (Issuing negative notice to relevant disqualified person except because of temporary or interim order)

Section 224—
omit, insert—

224   Issuing notice to relevant disqualified person

The chief executive must issue a negative notice to the person if the chief executive is aware the person is a relevant disqualified person.

33   Amendment of s 225 (Issuing prescribed notice to other persons)

(1)Section 225, heading—
omit, insert—

225   Deciding application—person no longer relevant disqualified person or convicted of serious offence

(2)Section 225(1)(a)—
omit.

(3)Section 225(1)(b) and (c)—
renumber as section 225(1)(a) and (b).

(4)Section 225(2), ‘, (b) or (c)’—
omit, insert—

or (b)

(5)Section 225(2), from ‘positive notice, the’—
omit, insert—

working with children clearance, the chief executive must issue a working with children clearance to the person.

34   Replacement of ss 230 and 231

Sections 230 and 231—
omit, insert—

230   Chief executive to be notified of change in particular information

(1)This section applies if, before the chief executive decides the person’s application, any of the following things happen (each a relevant change)—

(a)the person’s name or contact details as stated in the application change;

(b)the person’s employment, or proposed employment, as stated in the application changes;

(c)the person stops carrying on a business stated in the application;

(d)the person no longer intends to carry on a proposed business stated in the application.

(2)The person must give a notice, in the approved form and in an approved way, about the relevant change to the chief executive within 7 days after the change happens.

Maximum penalty—10 penalty units.

231   Term of clearance and negative notice

(1)A working with children clearance has a term of 3 years, unless it is cancelled earlier under part 5A.

(2)A negative notice remains in force until it is cancelled under part 5A.

35   Amendment of ch 8, pt 4, div 10, hdg (Steps after prescribed notice application decided)

Chapter 8, part 4, division 10, heading, ‘prescribed notice’—
omit.

36   Replacement of s 232 (Application of div 10)

Section 232—
omit, insert—

232   Application of division

This division applies if the chief executive decides a person’s working with children check (general) application.

232A    Issuing working with children card

If the chief executive issues the person a working with children clearance, the chief executive must issue a working with children card for the clearance to the person.

37   Amendment of s 234 (Notifiable person to be notified of decision)

(1)Section 234, heading, ‘Notifiable person’—
omit, insert—

Persons

(2)Section 234(1)—
omit, insert—

(1)The chief executive must give each notifiable person for the person a written notice stating whether the person was issued a working with children clearance or a negative notice.

(3)Section 234, after note—
insert—

(3)The chief executive may also give a potential employer for the person a notice mentioned in subsection (1).

37A   Amendment of s 240 (Suspension of a positive notice if charged with disqualifying offence or subject to temporary or interim order)

Section 240, before ‘disqualifying offence’—
insert—

serious offence or

37B   Amendment of s 241 (Ending of suspension under s 240 and issue of further prescribed notice)

Section 241(9), before ‘disqualifying offence’—
insert—

serious offence or

38   Omission of ch 8, pt 4, divs 11 and 12

Chapter 8, part 4, divisions 11 and 12—
omit.

39   Replacement of ch 8, pt 5, hdg (Exemption notices)

Chapter 8, part 5, heading—
omit, insert—

Part 5    Working with children exemptions

39A    Amendment of s 269 (Deemed withdrawal of consent to employment screening if charged with disqualifying offence etc.)

Section 269, before ‘disqualifying offence’—
insert—

serious offence or

39B    Amendment of s 279 (Deemed withdrawal of application if charged with disqualifying offence etc.)

Section 279, before ‘disqualifying offence’—
insert—

serious offence or

40   Omission of ch 8, pt 5, divs 1–7

Chapter 8, part 5, divisions 1 to 7—
omit.

41   Amendment of ch 8, pt 5, div 8, hdg (Deciding exemption notice application)

Chapter 8, part 5, division 8, heading, ‘exemption notice’—
omit.

42   Replacement of ss 281 and 282

Sections 281 and 282—
omit, insert—

281   Application of division

This division applies if a person made a working with children check (exemption) application and the application has not been withdrawn.

282   Deciding application—generally

(1)The chief executive must decide to approve or refuse the application under this division.

(2)If the chief executive approves the application, the chief executive must issue a written notice that states the application is approved (a working with children exemption) to the person.

(3)If the chief executive refuses the application, the chief executive must issue a written notice that states the application is refused (a negative notice) to the person.

43   Replacement of s 285 (Issuing exemption notice if ss 283 and 284 do not apply)

Section 285—
omit, insert—

285   Deciding application if ss 283 and 284 do not apply

(1)This section applies if neither section 283 nor 284 applies to the person.

(2)The chief executive must decide the application as if the chief executive were deciding a working with children check (general) application under part 4, division 9.

(3)For subsection (2), sections 221 to 229 apply for making the decision as if—

(a)a reference to issuing a working with children clearance were a reference to issuing a working with children exemption; and

(b)a reference to a working with children check (general) application were a reference to a working with children check (exemption) application.

44   Replacement of ss 288 and 289

Sections 288 and 289—
omit, insert—

288   Chief executive to be notified of change in particular information

(1)This section applies if, before the chief executive decides the person’s application, any of the following things happen (each a relevant change)—

(a)the person’s name or contact details as stated in the application change;

(b)the person’s employment, or proposed employment, as stated in the application changes;

(c)the person stops carrying on a business stated in the application;

(d)the person no longer intends to carry on a proposed business stated in the application.

(2)The person must give a notice, in the approved form and in an approved way, about the relevant change to the chief executive within 7 days after the change happens.

Maximum penalty—10 penalty units.

289   Term of exemption and negative notice

(1)A working with children exemption has a term of 3 years, unless any of the following things happens earlier—

(a)if the holder of the exemption is a police officer—the holder stops being a police officer;

(b)if the holder of the exemption is a registered teacher—the holder stops being a registered teacher;

(c)the exemption is cancelled under part 5A.

(2)A negative notice remains in force until it is cancelled under part 5A.

45   Amendment of ch 8, pt 5, div 9, hdg (Steps after exemption notice application decided)

Chapter 8, part 5, division 9, heading, ‘exemption notice’—
omit.

46   Replacement of s 290 (Application of div 9)

Section 290—
omit, insert—

290   Application of division

This division applies if the chief executive decides a person’s working with children check (exemption) application.

290A    Issuing working with children card for exemption

If the chief executive issues a working with children exemption to the person, the chief must issue a working with children card for the exemption to the person.

46A   Amendment of s 298 (Suspension of a positive exemption notice if charged with disqualifying offence or subject to temporary or interim order)

Section 298, before ‘disqualifying offence’—
insert—

serious offence or

46B   Amendment of s 299 (Ending of suspension and issue of further exemption notice)

Section 299(9), before ‘disqualifying offence’—
insert—

serious offence or

47   Omission of ch 8, pt 5, divs 10 and 11

Chapter 8, part 5, divisions 10 and 11—
omit.

48   Insertion of new ch 8, pt 5A

Chapter 8—
insert—

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.

(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—

(a)if the person is a police officer or registered teacher—part 5, division 8 applies; or

(b)otherwise—part 4, division 9 applies.

(3)The division mentioned in subsection (2) applies to the matter as if—

(a)a reference in the division to issuing a working with children clearance or working with children exemption 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; and

(b)a reference in the division to issuing a negative notice 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 person who holds a working with children authority is charged with a serious offence or disqualifying offence.

(2)Also, this division applies if 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.

296   Chief executive must suspend authority

(1)The chief executive must suspend the person’s working with children authority by giving the person a written notice (a suspension notice) about the suspension.

(2)The suspension notice must state—

(a)the person’s working with children authority is suspended; and

(b)the reason for the suspension; and

(c)how long the suspension will continue; and

(d)the effect of the suspension; and

(e)the person must return the person’s working with children card to the chief executive immediately after the notice is given, unless the person has a reasonable excuse; and

Note—

See section 304O for the requirement for a person whose working with children authority is suspended to return the person’s working with children card to the chief executive.

(f)the relevant review and appeal information.

297   Notifiable persons and potential employers notified about suspension

(1)The chief executive must give each notifiable person for the person a written notice that states—

(a)the person’s working with children authority is suspended; and

(b)how long the suspension will continue; and

(c)the effect of the suspension; and

(d)it is an offence to allow the person to perform work that is regulated employment or restricted employment while the authority is suspended; and

(e)the person’s employer must not terminate the person’s employment solely or mainly because the authority is suspended.

Note—

See also sections 342, 343 and 344 for the chief executive’s obligation to notify other persons about the suspension of a person’s working with children authority.

(2)Also, the chief executive may give a notice mentioned in subsection (1) to a potential employer of the person.

298   Effect of suspension of working with children authority

(1)This section applies while the person’s working with children authority is suspended.

Note—

See also chapter 7, part 4, division 4 for the effect of the suspension of a person’s working with children authority in relation to restricted employment.

(2)The person must not—

(a)start employment in regulated employment; or

(b)if the person is employed in regulated employment—perform work that is regulated employment; or

(c)start or continue to carry on a regulated business.

Maximum penalty—500 penalty units or 5 years imprisonment.

(3)A person given a notice about the suspension under section 297, 342 or 344 must not allow the person to perform work that is regulated employment.

Maximum penalty—200 penalty units or 2 years imprisonment.

(4)A person’s employer who is given a notice about the suspension under section 297 must not terminate the person’s employment solely or mainly because the person’s working with children authority is suspended.

Note—

See also section 356(4).

(5)The working with children authority remains in force even if it would otherwise expire under section 231(1) or 289(1).

299   When suspension of authority ends

The suspension of the person’s working with children authority ends if—

(a)the chief executive decides to cancel the authority under section 300; or

(b)the suspension ends under section 302; or

(c)the authority is otherwise cancelled under this part.

300   Chief executive’s decision about suspended notice

(1)The chief executive may decide whether to cancel the person’s working with children authority—

(a)on the chief executive’s own initiative; or

(b)on the person’s application.

Note—

See section 294 for how the chief executive is required to decide whether to cancel a person’s working with children authority.

(2)However, the chief executive is not required to decide a person’s application mentioned in subsection (1)(b)—

(a)while a charge for a serious offence or disqualifying offence is pending against the person; or

(b)if the person has been convicted of a serious offence or disqualifying offence and either—

(i)the period allowed for an appeal relating to the person’s conviction or sentence has not ended; or

(ii)an appeal relating to the conviction or sentence has started but has not been decided; or

(c)if the person is a registered teacher—while the person’s teacher registration is suspended under the Education (Queensland College of Teachers) Act 2005, section 49.

301   Chief executive decides to cancel suspended notice

(1)If the chief executive decides to cancel the person’s working with children authority under section 300, the chief executive must—

(a)cancel the authority; and

(b)issue a negative notice to the person; and

(c)give the person a written notice that states—

(i)the decision and reasons for the decision; and

(ii)if the person has not returned the person’s working with children card to the chief executive—the person must return the person’s card to the chief executive immediately, unless the person has a reasonable excuse; and

Note—

See section 304P for the requirement for a person whose working with children authority is cancelled to return the person’s working with children card to the chief executive.

(iii)the relevant review and appeal information; and

(iv)unless the person is a relevant disqualified person, the circumstances in which the person may apply under section 304G for the negative notice to be cancelled; and

(d)give each notifiable person for the person a written notice that states—

(i)the person’s authority has been cancelled; and

(ii)the person has been issued a negative notice; and

(iii)it is an offence to employ or continue to employ the person in regulated employment or restricted employment.

Note—

See sections 342, 343 and 344 for the chief executive’s obligation to notify other persons about the cancellation of a person’s working with children authority.

(2)Also, the chief executive may give a notice mentioned in subsection (1)(d) to a potential employer of the person.

302   Chief executive decides not to cancel suspended authority

(1)This section applies if the chief executive decides not to cancel the person’s working with children authority under section 300.

(2)The suspension of the person’s working with children authority ends.

(3)The chief executive must—

(a)give a written notice that states the suspension of the person’s authority has ended to—

(i)the person; and

(ii)each notifiable person for the person; and

(iii)each potential employer for the person who was given a notice about the suspension under section 297; and

(b)if the chief executive has the person’s working with children card and the person’s authority did not expire while the authority was suspended—return the person’s working with children card to the person; and

(c)if section 235 applied in relation to the person’s working with children application—give the advice mentioned in that section to the other executive.

Note—

See also sections 342, 343 and 344 for the chief executive’s obligation to notify other persons when the suspension of a person’s working with children authority ends.

Division 3 Cancelling working with children authority without suspension

303    Cancelling authority if relevant disqualified person

(1)This section applies—

(a)if a person who holds a working with children authority becomes a relevant disqualified person; and

(b)whether or not the person’s authority is suspended under section 296.

(2)The chief executive must cancel the working with children authority.

304    Cancelling authority issued because of wrong or incomplete information

The chief executive may cancel a person’s working with children authority if the chief executive is satisfied—

(a)the decision to issue the authority was based on wrong or incomplete information; and

(b)having considered the correct or complete information, it is appropriate to issue a negative notice to the person.

Note—

See section 294 for how the chief executive is required to decide whether it is appropriate to issue a negative notice to the person.

304A    Cancelling authority because of subsequent information

(1)This section applies if, after the chief executive decides to issue a working with children authority to a person, the chief executive becomes aware of information (further information) that is—

(a)disciplinary information, or information received under part 6, division 2, 3 or 4, about the person that was not known to the chief executive when the decision was made; or

(b)a decision about the person made by a court or tribunal after the authority was issued, including the reasons for the decision.

(2)However, this section does not apply if the chief executive is required to suspend the person’s working with children authority under section 296 because of the further information.

(3)The chief executive may cancel the person’s working with children authority if, after considering the further information, the chief executive is satisfied it is appropriate to issue a negative notice to the person.

Note—

See section 294 for how the chief executive is required to decide whether it is appropriate to issue a negative notice to the person.

304B    Action after decision

(1)If the chief executive is required, or decides, to cancel a person’s working with children authority under this division, the chief executive must—

(a)cancel the person’s authority; and

(b)issue a negative notice to the person; and

(c)give the person a written notice that states—

(i)the decision to cancel the authority and issue the negative notice and the reasons for the decision; and

(ii)the person must return the person’s working with children card to the chief executive immediately, unless the person has a reasonable excuse; and

Note—

See section 304P for the requirement for a person whose working with children authority is cancelled to return the person’s working with children card to the chief executive.

(iii)the relevant review and appeal information; and

(iv)unless the person is a relevant disqualified person, the circumstances in which the person may apply under section 304G for the negative notice to be cancelled.

(2)If the chief executive’s decision under section 304 or 304A is not to cancel the person’s authority, the person’s authority continues in force, subject to section 231(1) or 289(1).

304C    Notifiable persons and potential employers notified about cancellation

(1)If the chief executive cancels a person’s working with children authority under this division, the chief executive must give each notifiable person for the person a written notice that states—

(a)the person’s authority has been cancelled; and

(b)the person has been issued a negative notice; and

(c)it is an offence to employ or continue to employ the person in regulated employment or restricted employment.

Note—

See sections 342, 343 and 344 for the chief executive’s obligation to notify other persons about the cancellation of a person’s working with children authority.

(2)If the person’s working with children authority was cancelled under section 303, a notice given to the chief executive (child safety) under subsection (1) must state that the person’s authority was cancelled, and a negative notice was issued to the person, under that section.

(3)Also, the chief executive may give a notice mentioned in subsection (1) to a potential employer of the person.

Division 4 Cancelling working with children authority on holder’s request

304D    Request to cancel working with children authority

(1)A person may ask the chief executive to cancel the person’s working with children authority.

(2)The person may make the request even if the person’s working with children authority is suspended under section 296.

(3)The request must be written.

304E    Cancellation of working with children authority

After receiving the request, the chief executive must—

(a)cancel the person’s working with children authority; and

(b)give the person a written notice that states—

(i)the authority has been cancelled; and

(ii)the person must return the person’s working with children card to the chief executive immediately, unless the person has a reasonable excuse; and

Note—

See section 304P for the requirement for a person whose working with children authority is cancelled to return the person’s working with children card to the chief executive.

(iii)it is an offence for the person to perform work that is regulated employment, other than as allowed under section 176A or 176E; and

(iv)it is an offence for the person to carry on a regulated business, other than as allowed under section 176B or 176G.

304F    Notifiable persons and potential employers notified about cancellation

(1)The chief executive must give a written notice to each notifiable person for the person that states—

(a)the person’s working with children authority has been cancelled on the person’s request; and

(b)it is an offence to employ, or continue to employ, the person in regulated employment other than as allowed under section 175 or 176C.

Note—

See sections 342, 343 and 344 for the chief executive’s obligation to notify other persons about the cancellation of a person’s working with children authority.

(2)Also, the chief executive may give a potential employer for the person a notice mentioned in subsection (1).

Division 5 Cancelling negative notice on holder’s request

304G    Application to cancel negative notice

(1)This section applies to a person who—

(a)holds a negative notice; and

(b)is not a relevant disqualified person.

(2)The person may apply to the chief executive to cancel the negative notice if—

(a)the application is made more than 2 years after—

(i)the notice was issued; and

(ii)if the person previously applied to cancel the notice under this section—the previous application was made; or

(b)the decision to issue the notice was based on wrong or incomplete information; or

(c)the negative notice was issued because the person was a relevant disqualified person and the person is no longer a relevant disqualified person.

304H    Form of application

(1)The application must be—

(a)in the approved form; and

(b)made in an approved way; and

(c)signed by the person; and

(d)if the person is not a police officer or registered teacher—accompanied by the prescribed fee for the application.

(2)The person may state anything in the application that the person considers is relevant to the chief executive’s decision, including, for example, a change in the person’s circumstances since the negative notice was issued.

304I    Deciding application

(1)If the chief executive decides to cancel the person’s negative notice, the chief executive must—

(a)cancel the negative notice; and

(b)give the person a notice about the cancellation.

Note—

See section 294 for how the chief executive is required to decide an application to cancel a person’s negative notice.

(2)If the chief executive decides not to cancel the person’s negative notice, the chief executive must give the person a written notice that states—

(a)the application has been refused and the person’s negative notice continues in effect subject to—

(i)if the person is a police officer or a registered teacher—section 289(2); or

(ii)otherwise—section 231(2); and

(b)the reasons for the chief executive’s decision to refuse the application; and

(c)the relevant review and appeal information.

Division 6 Other cancellation of negative notice

304J    Chief executive may act on own initiative or application

The chief executive may decide to—

(a)act under this division on the chief executive’s own initiative; or

(b)if a person applies to cancel the person’s negative notice under section 304G—act under section 304K or 304L instead of cancelling the person’s negative notice under section 304G.

304K    No longer relevant disqualified person

(1)The chief executive may cancel a person’s negative notice if the chief executive is satisfied—

(a)the negative notice was issued because the person was a relevant disqualified person; and

(b)the person is no longer a relevant disqualified person.

(2)If the chief executive decides to cancel the person’s negative notice, the chief executive may decide to substitute a working with children authority if the chief executive is satisfied it is appropriate to issue the authority to the person.

Note—

See section 294 for how the chief executive is required to decide whether it is appropriate to issue a working with children authority to a person.

304L    Negative notice issued because of wrong or incomplete information

The chief executive may cancel a person’s negative notice and substitute a working with children authority if the chief executive is satisfied—

(a)the decision to issue the negative notice was based on wrong or incomplete information; and

(b)having considered the correct or complete information, it is appropriate to issue a working with children authority to the person.

Note—

See section 294 for how the chief executive is required to decide whether it is appropriate to issue a working with children authority to a person.

304M    Subsequent information

The chief executive may cancel a person’s negative notice and substitute a working with children authority if—

(a)the chief executive becomes aware of information that was not known to the chief executive when the decision to issue the notice was made; and

(b)after considering the further information, the chief executive is satisfied it is appropriate to issue a working with children authority to the person.

Note—

See section 294 for how the chief executive is required to decide whether it is appropriate to issue a working with children authority to a person.

304N    Action after making decision

(1)If the chief executive decides to cancel a person’s negative notice under this division, the chief executive must cancel the notice.

(2)If the chief executive decides under this division to substitute a working with children authority for a person’s cancelled negative notice, the chief executive must issue to the person—

(a)if the person is a police officer or registered teacher—a working with children exemption; or

(b)otherwise—a working with children clearance.

(3)If the chief executive decides to refuse an application mentioned in section 304J(b), the chief executive must give the person a written notice that states—

(a)the application has been refused and the person’s negative notice continues in effect subject to—

(i)if the person is a police officer or registered teacher—section 289(2); or

(ii)otherwise—section 231(2); and

(b)the reasons for the chief executive’s decision to refuse the application; and

(c)the relevant review and appeal information.

Division 7 Return of working with children card

304O    Requirement to return suspended card

(1)This section applies to a person if the chief executive gives the person a written notice that states the person’s working with children authority is suspended.

(2)The person must return the person’s working with children card for the authority to the chief executive immediately after the notice is given to the person, unless the person has a reasonable excuse.

Maximum penalty—100 penalty units.

304P    Requirement to return cancelled card

(1)This section applies to a person if the chief executive gives the person a written notice that states the person’s working with children authority is cancelled.

(2)The person must give the person’s working with children card for the authority to the chief executive immediately after the chief executive gives the notice, unless the person has a reasonable excuse.

Maximum penalty—100 penalty units.

49   Replacement of s 310 (Application of div 2)

Section 310—
omit, insert—

310   Application of division

This division applies to a person if—

(a)the person holds a working with children authority; or

(b)the person has made a working with children check application that has not been decided or withdrawn; or

(c)all of the following apply—

(i)the person has purported to make a working with children check application;

(ii)the application has not been properly made, including, for example, because the application was not accompanied by the prescribed fee for the application;

(iii)the application, as made, contains sufficient information for the chief executive to establish the person’s identity with certainty; or

(d)the person has applied, under section 300, to the chief executive to decide whether or not to cancel the person’s working with children authority that is suspended and the application has not been decided; or

(e)the person has applied, under section 304G, to the chief executive to cancel the person’s negative notice; or

(f)the person has made an eligibility application that has not been decided or withdrawn; or

(g)an eligibility declaration for the person is in force; or

(h)for a person who holds a negative notice—

(i)the person has made an application under section 309(3) or 354 that has not been decided; or

(ii)an appeal to an entity has been made in relation to an application under section 309(3) or 354 and the appeal has not been decided.

50   Replacement of s 323 (Effect of change in police information about employee)

Section 323—
omit, insert—

323   Notice of change in police information

(1)This section applies—

(a)to a person who—

(i)holds a working with children authority; or

(ii)has made a working with children check application; and

(b)if the person becomes aware that the police information about the person has changed.

(2)The person must immediately give a notice that complies with subsection (3) about the change to the chief executive.

Maximum penalty—100 penalty units.

(3)The notice given to the chief executive under subsection (2) must—

(a)be given in the approved form and in an approved way; and

(b)if the person is employed in regulated employment—include information about the employment.

51   Omission of ss 324 and 325

Sections 324 and 325—
omit.

52   Amendment of s 339 (Chief executive to give notice to particular entities about a change in police information)

(1)Section 339(2)(c)—
omit.

(2)Section 339(3)(c), ‘or 11 or part 5, division 8 or 10’—
omit, insert—

or part 5, division 8

(3)Section 339(3)(g)—
omit, insert—

(g)if the change in police information is a conviction for a serious offence, it is an offence for an employer to allow the relevant person to perform work that is regulated employment unless and until a prescribed event under section 322 happens for the person.

(4)Section 339—
insert—

(4A)An employer to whom a notice is given under subsection (3) or (4) that states that the change in police information is a conviction for a serious offence must not allow the relevant person to perform work that is regulated employment unless and until a prescribed event under section 322 happens for the person.

Maximum penalty—200 penalty units or 2 years imprisonment.

(5)Section 339(6)—
omit, insert—

(6)
In this section—

employer means a person who employs a relevant person.

relevant person means—

(a)a person who holds a working with children authority, other than an authority that is suspended under section 296; or

(b)a person who has made a working with children check application that has not been decided or withdrawn.

(6)Section 339(4A) to (6)—
renumber as section 339(5) to (7).

53   Insertion of new ss 344A and 344B

After section 344—
insert—

344A    Chief executive may give authorised entities particular information

(1)Each of the following is an authorised entity for a person—

(a)another person (the person’s employer) if—

(i)the employer has notified the chief executive under this Act that the employer employs, or proposes to employ, the person; and

(ii)neither the employer nor the person has notified the chief executive otherwise;

(b)another person the chief executive accepts as an authorised representative of the person’s employer;

(c)another person who is a notifiable person for the person;

(d)an entity to whom the chief executive is required to, or may, give a working with children notice about the person under this Act.

(2)The chief executive may give the authorised entity information about—

(a)a working with children check application made by the person; or

(b)a working with children authority or negative notice held by the person; or

(c)a working with children notice about the person given, or required to be given, to the authorised entity under this Act.

(3)The chief executive may give the information under subsection (2) by allowing the authorised entity to access the information electronically.

(4)In this section—

working with children notice, about a person, means a notice that relates to—

(a)a working with children check application made by the person; or

(b)a working with children authority or negative notice held by the person.

344B    Use of information obtained under s 344A about a person

(1)This section applies to a person who is given, or accesses, information about a person under section 344A.

(2)The person must not use the information, or disclose or give access to the information to anyone else, unless the use, disclosure or giving of access is allowed under subsection (3).

Maximum penalty—100 penalty units.

(3)The person may use the information, or disclose or give access to the information to another person, if the use, disclosure or giving of access—

(a)is to identify, assess or monitor a risk, or potential risk, to the safety or welfare of a child in relation to the regulated employment of the person to whom the information relates; or

(b)is to establish whether or not the person to whom the information relates—

(i)has made a working with children check application; or

(ii)holds a working with children authority or a negative notice; or

(c)is to comply with an obligation under this Act; or

(d)happens with the consent of the person to whom the information relates; or

(e)is required to lessen or prevent a serious threat to the life, health, safety or welfare of an individual, or the health, safety or welfare of the public; or

(f)is required by a law enforcement agency to prevent, detect, investigate, prosecute or punish an offence; or

(g)is required for a proceeding in a court or a tribunal; or

(h)is authorised under a regulation or another law.

(4)In this section—

law enforcement agency means—

(a)an entity mentioned in the Information Privacy Act 2009, schedule 5, definition law enforcement agency, paragraph (b); or

(b)an enforcement body within the meaning of the Privacy Act 1988 (Cwlth).

54   Amendment of ch 8, pt 7, hdg (Miscellaneous provisions about prescribed notices and exemption notices)

Chapter 8, part 7, heading, from ‘about’—
omit.

55   Replacement of ch 8, pt 7, div 1 (Replacement notice)

Chapter 8, part 7, division 1—
omit, insert—

Division 1 Replacement card

347   Replacement of lost or stolen card

(1)If a person’s working with children card is lost or stolen (the lost or stolen card), the person must, within 14 days after the loss or theft—

(a)give the chief executive a notice about the loss or theft in the approved form and in an approved way; and

(b)either—

(i)apply for a replacement card; or

(ii)ask the chief executive under section 304D to cancel the person’s working with children authority.

Maximum penalty—10 penalty units.

(2)An application under subsection (1)(b)(i) must be—

(a)made in the approved form and in an approved way; and

(b)accompanied by the prescribed fee for the application.

(3)The chief executive must—

(a)cancel the lost or stolen card; and

(b)if the person applied for a replacement card under subsection (1)(b)(i)—issue a replacement working with children card to the person.

(4)The chief executive must give written notice about the loss or theft of the lost or stolen card to the police commissioner.

Note—

See section 348A for the person’s obligation to return the replaced card to the chief executive.

348   Replacement card for change of name or contact details

(1)This section applies to—

(a)a person who holds a working with children authority; or

(b)a person who holds a negative notice if the person has applied for the notice to be cancelled and the application has not been decided or withdrawn.

(2)If the person does any of the following (each a relevant change), the person must give the chief executive a notice, in the approved form and in an approved way, about the relevant change within 14 days after it happens—

(a)changes a name the person has previously given to the chief executive;

(b)starts to use a different name to the name or names the person has given to the chief executive;

(c)changes contact details previously given to the chief executive.

Maximum penalty—10 penalty units.

(3)If the chief executive considers it is appropriate to do so, the chief executive may issue a replacement working with children card to the person.

(4)If the chief executive issues a replacement working with children card to the person, the chief executive must cancel the person’s previously held card.

348A    Requirement to return replaced card

(1)This section applies to a person who holds a working with children card (the replaced card) if the chief executive issues the person a further working with children card.

(2)The person must give the replaced card to the chief executive within 7 days after the further working with children card is issued, unless the person has a reasonable excuse.

Maximum penalty—10 penalty units.

Division 1A Change in regulated employment or regulated business

349   Holder must notify change of regulated employment or regulated business

(1)This section applies if a person who holds a working with children authority that is not suspended makes any of the following changes—

(a)the person ends regulated employment or changes the person’s employment and the new employment is regulated employment;

(b)the person stops carrying on a regulated business;

(c)the person starts carrying on another regulated business other than the regulated business the person was carrying on, or proposing to carry on, when the authority was issued.

(2)The person must give the chief executive a notice about the change, in the approved form and in an approved way, within 14 days after the change happens.

Maximum penalty—10 penalty units.

350   Holder must notify change and pay prescribed application fee—volunteer or business carried on other than for financial reward

(1)This section applies if—

(a)a person holds a working with children clearance that is not suspended; and

(b)during the term of the clearance, the person is or was—

(i)employed in regulated employment only as a volunteer; or

(ii)carrying on a regulated business on a not-for-profit basis and not otherwise carrying on a regulated business; and

(c)either of the following changes happens—

(i)the person becomes employed in regulated employment other than as a volunteer;

(ii)the person starts carrying on a regulated business for financial reward.

(2)The person must, within 14 days after the change happens—

(a)give the chief executive a notice, in the approved form and in an approved way, about the change; and

(b)if the person is required to pay the prescribed application fee under subsection (3)—pay the prescribed application fee to the chief executive.

Maximum penalty—10 penalty units.

(3)The person must pay the prescribed application fee if the working with children check (general) application in relation to which the working with children clearance was issued was made on the basis that the person was—

(a)employed, or to be employed, in regulated employment as a volunteer; or

(b)carrying on, or proposing to carry on, a regulated business on a not-for-profit basis.

(4)If the chief executive considers it is appropriate to do so, the chief executive may issue a replacement working with children card to the person.

(5)If the chief executive issues a replacement working with children card, the chief executive must cancel the previously held card.

Note—

See section 348A for the person’s obligation to return the replaced card to the chief executive.

(6)In this section—

not-for-profit basis, for carrying on a regulated business, means the business is carried on other than for financial reward.

prescribed application fee means the prescribed fee for a working with children check (general) application made by a person for—

(a)for a person who gives a notice under subsection (2) for a change mentioned in subsection (1)(c)(i)—employment in regulated employment other than as a volunteer; or

(b)for a person who gives a notice under subsection (2) for a change mentioned in subsection (1)(c)(ii)—carrying on a regulated business for financial reward.

Division 1B Holder of working with children exemption stops being police officer or registered teacher

350A    Holder and notifiable persons notified about expiry of working with children exemption

(1)This section applies if a person who holds a working with children exemption—

(a)if the person was a police officer when the exemption was issued—stops being a police officer; or

(b)if the person was a registered teacher when the exemption was issued—stops being a registered teacher, including because the person’s registration is suspended under the Education (Queensland College of Teachers) Act 2005, section 48 or 49.

(2)The chief executive must give the person a written notice that states—

(a)the term of the person’s working with children exemption has ended under section 289(1); and

(b)the person must immediately return the person’s working with children card to the chief executive; and

(c)the person may make a working with children check (general) application, unless the person is a disqualified person.

(3)The person must give the person’s working with children card to the chief executive immediately after the chief executive gives the notice, unless the person has a reasonable excuse.

Maximum penalty—10 penalty units.

(4)The chief executive must give each notifiable person for the person a written notice that states the term of the person’s working with children exemption has ended because the person is no longer a police officer or registered teacher.

350B    Effect of negative notice if holder no longer police officer or registered teacher

(1)This section applies if a person who holds a negative notice—

(a)if the person was a police officer when the negative notice was issued—stops being a police officer; or

(b)if the person was a registered teacher when the negative notice was issued—stops being a registered teacher, including because the person’s registration is suspended under the Education (Queensland College of Teachers) Act 2005, section 48 or 49.

(2)The person’s negative notice continues in effect as if it were a notice issued under section 220(3).

56   Replacement of s 351 (False or misleading disclosure)

Section 351—
omit, insert—

351   False or misleading disclosure

A person must not state anything to the chief executive for chapter 7 or this chapter that the person knows is false or misleading in a material particular.

Maximum penalty—100 penalty units or 2 years imprisonment.

57   Amendment of s 352 (False or misleading documents)

Section 352(1), after ‘document for’—
insert—

chapter 7 or

58   Insertion of new s 354A

After section 354—
insert—

354A    Stay of operation of particular decisions on application for review

(1)This section applies to a decision of QCAT, on an application for a review of a chapter 8 reviewable decision under section 354, to set aside an exceptional case decision.

(2)QCAT’s decision does not take effect until—

(a)the end of the period within which an appeal against QCAT’s decision may be started; or

(b)if an appeal against QCAT’s decision is started—the appeal is decided or withdrawn.

(3)This section applies despite the QCAT Act, sections 145 and 152.

(4)In this section—

exceptional case decision means a decision of the chief executive as to whether or not there is an exceptional case for a person if, because of the decision, the chief executive—

(a)issued a negative notice to the person; or

(b)refused to cancel the person’s negative notice.

59   Amendment of s 357 (Disqualification order)

(1)Section 357(2)(a) and (b)—
omit, insert—

(a)the person may not hold a working with children authority, or make a working with children check application, for a stated period; or

(b)the person may never hold a working with children authority or make a working with children check application.

(2)Section 357(3), ‘positive notice or positive exemption notice’—
omit, insert—

working with children authority

60   Replacement of ch 8A (Criminal history checks, and assessing suitability, of persons employed in the department)

Chapter 8A—
omit, insert—

Chapter 8A    Register of regulated persons who provide home-based care services

Part 1    Preliminary

357A    Definitions for chapter

In this chapter—

associated adult, of a regulated person for a home-based care service, see section 357D.

authorised user see section 357E.

foster or kinship care see section 357B(a).

home-based care service see section 357B.

home-based family day care service see section 357B(b).

home-based stand-alone care service see section 357B(c).

register means the register kept under section 357F.

regulated person see section 357C.

357B    Meaning of home-based care service

Each of the following services is a home-based care service—

(a)care provided to a child by an approved foster carer, or approved kinship carer, under the Child Protection Act 1999 (foster or kinship care);

(b)care provided to a child as part of a family day care service provided in a family day care residence (home-based family day care service);

(c)a stand-alone service provided to a child in the home of a carer in relation to the service (home-based stand-alone care service).

357C    Meaning of regulated person

A person is a regulated person for a home-based care service if the person is—

(a)for foster or kinship care—the approved foster carer, or approved kinship carer, under the Child Protection Act 1999 who provides the care; or

(b)for a home-based family day care service—a family day care educator, or family day care educator assistant, under the Education and Care Services National Law (Queensland) who provides the service; or

(c)for a home-based stand-alone care service—the carer, or a staff member, in relation to the service.

357D    Meaning of associated adult of a regulated person

A person is an associated adult of a regulated person for a home-based care service if the person is—

(a)for a regulated person who is an approved foster carer or approved kinship carer under the Child Protection Act 1999—an adult member of the carer’s household under that Act; or

(b)for a regulated person who is a family day care educator or family day care educator assistant under the Education and Care Services National Law (Queensland) for a home-based family day care service—an adult occupant of the family day care residence from which the service is provided; or

(c)for a regulated person who is a carer or staff member for a home-based stand-alone care service—an adult occupant of the home from which the service is provided.

357E    Who is an authorised user

Each of the following is an authorised user—

(a)the chief executive (child safety);

(b)the chief executive (education and care);

(c)the police commissioner;

(d)a police officer;

(e)the public guardian under the Public Guardian Act 2014;

(f)a person appointed under the Public Guardian Act 2014, section 109 as—

(i)a community visitor (child); or

(ii)both a community visitor (adult) and a community visitor (child); or

(iii)a child advocacy officer;

(g)an appropriately qualified public service employee authorised to access the register by the chief executive or a person mentioned in paragraph (a), (b) or (e);

(h)an appropriately qualified staff member under the Police Service Administration Act 1990 authorised to access the register by the police commissioner.

Part 2    Register

357F    Register of regulated persons who provide home-based care service to children

(1)The chief executive must keep an up-to-date register of regulated persons who provide a home-based care service.

(2)The purpose of the register is to promote the safety of children by enabling authorised users to access up-to-date information about—

(a)a regulated person who provides a home-based care service; and

(b)each person who is an associated adult of the regulated person for the home-based care service.

(3)The chief executive may keep the register in the form the chief executive considers appropriate.

357G    Contents of the register

(1)The register must contain the following information, to the extent the information is known by the chief executive, about each regulated person for a home-based care service—

(a)the information that is reasonably necessary to identify and contact the person, including, for example—

(i)full name and any former names or aliases; and

(ii)contact details; and

(iii)date and place of birth;

(b)the type of each home-based care service for which the person is, or has been, a regulated person;

(c)information about a working with children check application made by the person;

(d)information about a working with children authority the person holds or previously held;

(e)information about an associated adult of the person, including the information mentioned in paragraphs (a), (c) and (d) about the adult;

(f)other information prescribed by regulation about—

(i)the person; or

(ii)a home-based care service for which the person is, or has been, a regulated person; or

(iii)an associated adult of the person for a home-based care service mentioned in subparagraph (ii).

(2)The register may also contain—

(a)information mentioned in subsection (1) about a person who was, but is no longer—

(i)a regulated person for a home-based care service; or

(ii)an associated adult of a regulated person for a home-based care service; and

(b)other information the chief executive considers appropriate—

(i)to ensure the register is accurate, comprehensive and usable; or

(ii)for the effective and efficient operation of the register.

357H    Access to register

The chief executive may allow an authorised user to access information in the register.

357I    Use, disclosure and giving of access to confidential information

(1)This section applies to a person—

(a)who is, or has been, an authorised user and, in that capacity was given, or given access to, confidential information in the register; or

(b)who is given, or given access to, confidential information in the register by a person mentioned in paragraph (a).

(2)The person must not use the information, or disclose or give access to the information to anyone else, unless the use, disclosure or giving of access is allowed under subsection (3).

Maximum penalty—100 penalty units.

(3)The person may use the information, or disclose or give access to the information to another person, if the use, disclosure or giving of access—

(a)is to identify, assess or monitor a risk, or potential risk, to the safety or welfare of a child being provided care through a home-based care service; or

(b)is to establish whether or not a regulated person—

(i)has made a working with children check application; or

omit, insert—

a negative notice

17   Section 140AC, ‘or given a negative prescribed notice or negative exemption notice’—

omit, insert—

a negative notice

18   Section 140AC(4), ‘the negative prescribed’ to ‘given’—

omit, insert—

the negative notice is issued

19   Section 140AF(1), from ‘or given’—

omit, insert—

a working with children authority.

20   Section 140AF(2), ‘or given a negative prescribed notice or negative exemption notice’—

omit, insert—

a negative notice

21   Section 140AG, ‘or given a negative prescribed notice or negative exemption notice’—

omit, insert—

a negative notice

22   Section 140AG, ‘issued or given’—

omit, insert—

issued

23   Section 140AG, ‘or give’—

omit.

24   Section 140AH, ‘or given a negative prescribed notice or negative exemption notice’—

omit, insert—

a negative notice

25   Section 140AH(1), ‘issued or given’—

omit, insert—

issued

26   Section 140AH(2), ‘or give’—

omit.

27   Section 140A(4)(b)—

omit, insert—

(b)notifies the chief executive that the person holds a working with children authority or has made a working with children check application.

28   Section 141B(1), ‘current positive prescribed notice or current positive exemption notice’—

omit, insert—

working with children authority

29   Section 141H(1)(a)—

omit, insert—

(a)the nominee has made a working with children check application and the application is withdrawn;

30   Section 141H(1)(c) to (e)—

omit, insert—

(c)the nominee must, under the Working with Children Act, section 323, notify the chief executive (employment screening) of a change in police information under that Act;

(d)the nominee becomes aware a working with children check application made by a relevant person for the licence is withdrawn;

(e)the nominee becomes aware a relevant person for the licence—

(i)is charged with a disqualifying offence or convicted of a serious offence; or

(ii)is issued with a negative notice.

31   Section 141H(3)(b)—

omit, insert—

(b)if the person has a working with children authority—the registration number for the person’s working with children card.

32   Section 141I(1)(a)—

omit, insert—

(a)the director makes a working with children check application and the application is withdrawn;

33   Section 141I(1)(c)—

omit, insert—

(c)the director must, under the Working with Children Act, section 323, notify the chief executive (employment screening) of a change in police information under that Act.

34   Section 142, definition police information, ‘current positive prescribed notice or current positive exemption notice’—

omit, insert—

working with children authority

35   Section 148A(1)—

omit, insert—

(1)This section applies if—

(a)for a person who has applied for a certificate of approval—

(i)the person stops being an applicant for the certificate; or

(ii)a person stops being an adult member of the person’s household; or

(iii)the chief executive refuses the person’s application for the certificate; or

(b)for a person who is an approved carer—the person stops being an approved carer; or

(c)for a person who is an adult member of an approved carer’s household—

(i)the person stops being a member of the household; or

(ii)the approved carer stops being an approved carer.

36   Section 148A(3)(b)—

omit, insert—

(b)if the person has a working with children authority—the registration number for the person’s working with children card.

37   Section 148B(1)—

omit, insert—

(1)The chief executive may ask the chief executive (employment screening) for the following information—

(a)information about whether a relevant person—

(i)has a working with children authority or negative notice; or

(ii)has a working with children authority that is suspended under the Working with Children Act; or

(iii)has made a working with children check application;

(b)if the relevant person has a working with children authority—the expiry date for the authority;

(c)if the relevant person has a negative notice—the date of issue of the notice.

38   Section 148D—

omit, insert—

148D    Pending working with children check application

(1)Subsection (2) applies if, when a person turns 18 years—

(a)the person is a member of the household of an approved carer or an applicant for a certificate of approval; and

(b)the person does not hold a working with children authority; and

(c)the person has made a working with children check application.

(2)The Working with Children Act, sections 175 and 176A do not apply in relation to the person as an adult member of the household until the application is decided or withdrawn.

Note—

See the Working with Children Act, schedule 1, section 14(2) in relation to an adult member of an approved carer’s household being taken to be engaged in regulated employment for that Act.

(3)Subsection (4) applies if—

(a)a corporation holds a licence; and

(b)a person becomes the nominee for the licence or a director of the corporation; and

(c)the person does not hold a working with children authority; and

(d)the person is an applicant for a working with children check application.

(4)The Working with Children Act, section 176B does not apply in relation to the person as the nominee for the licence or a director of the corporation until the application is decided or withdrawn.

Note—

See section 148C of this Act and the Working with Children Act, section 14 and schedule 1, section 24 in relation to a nominee or director of a corporation carrying on the business of a licensed care service being taken to be carrying on a regulated business under the Working with Children Act.

39   Schedule 2, ‘current positive prescribed notice or current positive exemption notice’—

omit, insert—

working with children authority

40   Schedule 3, definitions application, current, exemption notice, negative exemption notice, negative prescribed notice, positive exemption notice, positive prescribed notice and prescribed notice—

omit.

41   Schedule 3—

insert—

negative notice see the Working with Children Act, schedule 7.

working with children authority see the Working with Children Act, schedule 7.

working with children check application see the Working with Children Act, schedule 7.

Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004

1   Section 13T(2)(a) and (b)—

omit, insert—

(a)hold a working with children authority; or

(b)make a working with children check application.

2   Section 13T(3), ‘positive notice or positive exemption notice’—

omit, insert—

working with children authority

3   Section 13W(4), ‘positive notice or positive exemption notice’—

omit, insert—

working with children authority

4   Schedule 5, definition appearance notice, paragraph (e)(ii), ‘applying for a prescribed notice or exemption notice’—

omit, insert—

making a working with children check application

5   Schedule 5, definition appearance notice, paragraph (e)(iii), ‘positive notice, positive notice blue card or positive exemption notice’—

omit, insert—

working with children authority or working with children card

6   Schedule 5, definitions exemption notice, positive exemption notice, positive notice, positive notice blue card and prescribed notice—

omit.

7   Schedule 5—

insert—

working with children authority see the Working with Children Act, schedule 7.

working with children card see the Working with Children Act, schedule 7.

working with children check application see the Working with Children Act, schedule 7.

Community Services Act 2007

1   Section 107, note, paragraph (a), ‘chapter 8’—

omit, insert—

chapter 7

Disability Services Act 2006

1   Section 42, note—

omit, insert—

Notes—

1See the Public Service Act 2008, chapter 5, part 6 for employment screening of persons engaged or to be engaged as public service employees to provide disability services only to children.

2See also the Working with Children Act, chapter 7 for employment screening for other persons engaged or to be engaged to provide disability services only to children.

2   Section 50(1), note—

omit, insert—

Note—

See also the Public Service Act 2008, chapter 5, part 6 for employment screening for the engagement of public service employees.

3   Section 50, ‘WWC positive notice’—

omit, insert—

working with children clearance

4   Section 51, ‘WWC positive notice’—

omit, insert—

working with children clearance

5   Section 59, ‘WWC positive notice’—

omit, insert—

working with children clearance

6   Section 61(3)(b)(i), from ‘is the holder’ to ‘WWC positive notice is’—

omit, insert—

holds a working with children clearance that is

7   Section 61(3), note, ‘WWC positive notice’—

omit, insert—

working with children clearance

8   Section 62(1), ‘be the holder of a WWC positive notice’—

omit, insert—

hold a working with children clearance

9   Section 62(2)(a) to (c)—

omit, insert—

(a)whether or not the person holds a working with children clearance and, if so, the expiry date for the clearance; and

(b)if the person holds a working with children clearance—

(i)whether or not the person’s working with children clearance has been suspended under the Working with Children Act; and

(ii)whether the chief executive may need to undertake further screening under this part.

10   Section 62(3)(d), ‘WWC positive notice’—

omit, insert—

working with children clearance

11   Section 64(2), ‘WWC positive notice’—

omit, insert—

working with children clearance

12   Section 67A(b), ‘WWC positive notice’—

omit, insert—

working with children clearance

13   Section 68(1)(b), ‘WWC positive notice’—

omit, insert—

working with children clearance

14   Section 88, ‘WWC positive notice’—

omit, insert—

working with children clearance

15   Section 89, ‘WWC positive notice’—

omit, insert—

working with children clearance

16   Section 90(1)(b)—

omit, insert—

(b)the person no longer holds a working with children clearance.

17   Section 90(3) and (4)(b), ‘WWC positive notice’—

omit, insert—

working with children clearance

18   Part 5, division 9, heading, ‘WWC positive notice’—

omit, insert—

working with children clearance

19   Section 95, ‘WWC positive notice’—

omit, insert—

working with children clearance

20   Section 96, ‘WWC positive notice’—

omit, insert—

working with children clearance

21   Section 108, definition part 5 reviewable decision, paragraph (c), ‘WWC positive notice’—

omit, insert—

working with children clearance

22   Section 132(7)(a), ‘WWC positive notice’—

omit, insert—

working with children clearance

23   Schedule 8, definition WWC positive notice—

omit.

24   Schedule 8—

insert—

working with children clearance see the Working with Children Act, section 220(2).

Education (Accreditation of Non-State Schools) Act 2017

1   Section 19(1)(c)(ii), ‘current positive notices or current positive exemption notices’—

omit, insert—

the working with children cards

2   Section 26(3), from ‘has’—

omit, insert—

has a working with children authority.

3   Section 39(4), ‘current positive notices or current positive exemption notices’—

omit, insert—

the working with children cards

4   Section 130(2), ‘current positive notice or current positive exemption notice’—

omit, insert—

working with children authority

5   Section 169, ‘current positive notice or current positive exemption notice’—

omit, insert—

working with children card

6   Schedule 1, definitions negative exemption notice, negative notice, positive exemption notice and positive notice—

omit.

7   Schedule 1—

insert—

working with children authority means a working with children authority under the Working with Children (Risk Management and Screening) Act 2000 that is not suspended under that Act.

Education and Care Services Act 2013

1   Section 15(1)(a) to (c)—

omit, insert—

(a)holds a working with children authority; or

(b)has made a working with children check (exemption) application and the application has not been decided or withdrawn.

2   Section 39(9)(a) and (b)—

omit, insert—

(a)holds a working with children authority; or

(b)has made a working with children check (exemption) application and the application has not been decided or withdrawn.

3   Section 39(10), ‘section 197’—

omit, insert—

section 176B

4   Section 39(10), ‘current positive notice’—

omit, insert—

working with children clearance

5   Section 39(10)(b), ‘applies for a prescribed notice’—

omit, insert—

makes a working with children check application

6   Section 39(11), ‘section 259’—

omit, insert—

section 176G

7   Section 39(11), ‘current positive exemption notice’—

omit, insert—

working with children exemption

8   Section 91(4)(b), from ‘provider’—

omit, insert—

provider—

(i)holds a working with children authority or negative notice; or

(ii)has made a working with children check application.

9   Section 126(1)(b), ‘, stops having a current positive notice or current positive exemption notice’—

omit, insert—

stops holding a working with children authority

10   Section 133(1)(a)—

omit, insert—

(a)the carer knows, or ought reasonably to know, that a prohibition notice is in force for an occupant of the home; or

11   Section 178(1)(c), ‘a current positive notice or current positive exemption notice’—

omit, insert—

a working with children authority

12    Section 190(1) to (3)—

omit, insert—

(1)An authorised officer may ask a carer who provides stand-alone education and care in a home to ensure a person makes a working with children check application if the officer knows, or reasonably suspects, the person is an occupant of the home.

Note—

See also the Working with Children Act, schedule 1, section 4(2).

(2)When asking the carer to ensure the person makes the application, the authorised officer must warn the carer that, if the person does not make the working with children check application within 14 days, the officer may give a direction that education and care must not be provided in the home.

(3)Subsection (4) applies if—

(a)the person does not make the working with children check application within 14 days; or

(b)the person makes the working with children check application within 14 days but it is withdrawn before it is decided.

13   Section 190(5), ‘has a current positive notice or current positive exemption notice’—

omit, insert—

holds a working with children authority

14   Section 191(1)(f), from ‘apply for’—

omit, insert—

ensure the adult makes a working with children check application.

15   Section 191(2)(a) to (c)—

omit, insert—

(a)whether the individual has made a working with children check application and, if so—

(i)the date of the application; and

(ii)if the application has been withdrawn—the date of the withdrawal;

(b)whether the individual holds a working with children authority and, if so, the date of issue of the authority;

(c)whether a negative notice is in force for the individual and, if so, the date of issue of the notice;

(d)whether a working with children authority held by the individual has been cancelled and, if so, the date of the cancellation.

16   Section 200(2)(b), from ‘person’—

omit, insert—

person holds a working with children authority or negative notice or has made a working with children check application.

17   Section 200(3)(a)(ii), from ‘person’—

omit, insert—

person holds a working with children authority or negative notice or has made a working with children check application; and

18   Section 238, heading, ‘application for a prescribed notice or exemption notice’—

omit, insert—

working with children check application

19   Section 238(1)(b) and (c)—

omit, insert—

(b)an individual who does not hold a working with children authority becomes an executive officer of the corporation or a person with management or control of the service; and

(c)the individual makes a working with children check application.

20   Section 238(2), ‘, is withdrawn or lapses’—

omit, insert—

or is withdrawn

21   Section 239—

omit.

22   Schedule 1, definitions apply for an exemption notice, apply for a prescribed notice, negative exemption notice, positive exemption notice, positive notice and prescribed notice—

omit.

23   Schedule 1—

insert—

working with children authority see the Working with Children Act, schedule 7.

working with children check application see the Working with Children Act, schedule 7.

working with children check (exemption) application see the Working with Children Act, schedule 7.

working with children clearance see the Working with Children Act, section 220(2).

24   Schedule 1, definition disqualified person, ‘, a negative exemption notice’—

omit.

Education and Care Services National Law (Queensland) Act 2011

1   Section 19, definitions exemption notice and prescribed notice—

omit.

2   Section 19—

insert—

working with children authority see the Working with Children Act, schedule 7.

working with children check application see the Working with Children Act, schedule 7.

3   Section 20(4)(b), from ‘person is’—

omit, insert—

person—

(i)holds a working with children authority; or

(ii)has made a working with children check application.

4   Section 21(4)(b), from ‘person is’—

omit, insert—

person—

(i)holds a working with children authority; or

(ii)has made a working with children check application.

5   Section 22(2)(a) to (c)—

omit, insert—

(a)whether the individual has made a working with children check application and, if so—

(i)the date of the application; and

(ii)if the application has been withdrawn—the date of the withdrawal;

(b)whether a working with children authority or negative notice is in force for the individual and, if so, the date the authority or notice was issued;

(c)whether a working with children authority or negative notice held by the individual has been cancelled and, if so, the date of the cancellation.

6   Section 22(4), definitions negative exemption notice, negative prescribed notice, positive exemption notice and positive prescribed notice—

omit.

7   Section 22(4)—

insert—

negative notice see the Working with Children Act, schedule 7.

8   Section 25—

omit.

9   Section 26(2), ‘section 197’—

omit, insert—

section 176B

10   Section 26(2), ‘current positive prescribed notice’—

omit, insert—

working with children clearance

11   Section 26(2)(b), ‘applies for a prescribed notice’—

omit, insert—

makes a working with children check application

12   Section 26(3), ‘section 259’

omit, insert—

section 176G

13   Section 26(3), ‘current positive exemption notice’—

omit, insert—

working with children exemption

14   Section 26(5)—

insert—

working with children clearance see the Working with Children Act, section 220(2).

working with children exemption see the Working with Children Act, section 282(2).

Education (General Provisions) Act 2006

1   Schedule 4, definition serious offence, ‘section 167’—

omit, insert—

section 15

Education (Queensland College of Teachers) Act 2005

1   Section 14, ‘positive notice’—

omit, insert—

working with children clearance

2   Section 15(9)(a)(i), from ‘a positive notice’ to ‘whose positive notice’—

omit, insert—

a working with children clearance under the Working with Children Act that

3   Section 15D, ‘positive notice’—

omit, insert—

working with children clearance

4   Section 285(4)(b)—

omit, insert—

(b)notifies the college that, under the Working with Children Act, the approved teacher—

(i)is the holder of a working with children authority or negative notice; or

(ii)has made a working with children check application.

5   Section 285AA(4)(b)(ii)—

omit, insert—

(ii)notifies the college that, under the Working with Children Act, the approved teacher—

(A)is the holder of a working with children authority or negative notice; or

(B)has made a working with children check application.

6   Section 285A(1)(b)—

omit, insert—

(b)the chief executive (employment screening) has notified the college that, under the Working with Children Act, the registered teacher—

(i)is the holder of a working with children exemption or negative notice; or

(ii)has made a working with children check (exemption) application.

7   Schedule 3, definition serious offence, ‘section 167’—

omit, insert—

section 15

Grammar Schools Act 2016

1   Section 40(4), ‘chapter 8’—

omit, insert—

chapter 7

Police Powers and Responsibilities Act 2000

1   Section 789A, heading, ‘employment-screening document’—

omit, insert—

working with children card

2   Section 789A(1)(a), ‘an employment-screening document’—

omit, insert—

a working with children card

3   Section 789A(2), (4), (5) and (6), ‘employment-screening document’—

omit, insert—

working with children card

4   Section 789A(4), ‘the document’—

omit, insert—

the card

5   Section 789A(8), definition employment-screening document—

omit.

6   Section 789A(8)—

insert—

working with children card see the Working with Children Act, schedule 7.

Transport Operations (Passenger Transport) Act 1994

1   Section 28B(4B), from ‘current positive’—

omit, insert—

working with children clearance under the Working with Children (Risk Management and Screening) Act 2000 that is not suspended under that Act.

2   Schedule 3, definition category A driver disqualifying offence, ‘section 170(b)’—

omit, insert—

section 18(b)

3   Schedule 3, definition category B driver disqualifying offence, paragraph (b)(i) and (ii)(B), ‘section 170(b)’—

omit, insert—

section 18(b)

4   Schedule 3, definition relevant order, paragraph (b), ‘section 170(b)’—

omit, insert—

section 18(b)

© State of Queensland 2019