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Queensland
Commission for Children and
Young People and Child
Guardian and Another
Act Amendment Bill 2008
Queensland
Commission for Children and Young
People and Child Guardian and Another
Act Amendment Bill 2008
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 2 Amendment of Commission for Children and Young People
and Child Guardian Act 2000
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Amendment of s 99C (What is a serious offence) . . . . . . . . . . . . 6
5 Omission of ss 99D and 99E . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6 Amendment of s 100 (Application for notice--regulated
employment) ................................ 7
7 Amendment of s 101 (Application for notice--regulated
business) ................................... 8
8 Amendment of s 102 (Decision on application) . . . . . . . . . . . . . . 10
9 Amendment of s 102A (Decision-making under s 102 in relation
to discretionary matters). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
10 Amendment of s 102B (Actions of commissioner after making
decision on application) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
11 Amendment of s 104 (Currency of prescribed notice and
positive notice blue card) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
12 Amendment of s 107 (Prohibited employment) . . . . . . . . . . . . . . 12
13 Amendment of s 108 (Person holding negative notice, or who
has withdrawn consent to employment screening, not to apply
for, or start or continue in, regulated employment) . . . . . . . . . . . . 12
14 Replacement of pt 6, div 3, sdiv 3 hdg (Changes in criminal history) 13
15 Replacement of s 110 (Acquiring a criminal history) . . . . . . . . . . 13
110 Acquiring police information . . . . . . . . . . . . . . . . . . . . 13
Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
Contents
16 Amendment of s 111 (Effect of conviction for serious offence
or charge for excluding offence) . . . . . . . . . . . . . . . . . . . . . . . . . . 13
17 Replacement of s 112 (Change in criminal history of employee) . 14
112 Change in police information of employee . . . . . . . . . 14
18 Replacement of s 113 (Change in criminal history of person
carrying on regulated business) . . . . . . . . . . . . . . . . . . . . . . . . . . 15
113 Change in police information of person carrying on a
regulated business . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
19 Amendment of s 114 (Change in criminal history of other
persons) .................................... 15
20 Amendment of s 117 (Return of positive notice and any positive
notice blue card to commissioner) . . . . . . . . . . . . . . . . . . . . . . . . 15
21 Amendment of s 118 (Cancellation of negative notice and
issuing of positive notice) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
22 Amendment of s 119 (Commissioner may cancel a prescribed
notice and substitute another prescribed notice) . . . . . . . . . . . . . 16
23 Amendment of s 119A (Cancellation if conviction for excluding
offence and imprisonment or disqualification order). . . . . . . . . . . 18
24 Omission of s 119B (Cancellation if conviction for excluding
offence but no imprisonment or disqualification order). . . . . . . . . 18
25 Amendment of s 119C (Effect of charge for excluding offence
pending charge being dealt with) . . . . . . . . . . . . . . . . . . . . . . . . . 19
26 Amendment of s 119D (Cancellation of suspension and issue of
further prescribed notice) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
27 Insertion of new s 119E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
119E Request to cancel suspended positive notice . . . . . . 21
28 Amendment of s 120A (Change of details for prescribed notice
or positive notice blue card) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
29 Insertion of new pt 6, div 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Division 4A Disqualified persons
120B What is a disqualifying offence . . . . . . . . . . . . . . . . . . 23
120C Who is a disqualified person . . . . . . . . . . . . . . . . . . . 24
120D Who is a relevant disqualified person. . . . . . . . . . . . . 24
120E Offences for disqualified person . . . . . . . . . . . . . . . . . 24
120F Application for an eligibility declaration. . . . . . . . . . . . 26
120G Notice of change of name and contact details in
eligibility application . . . . . . . . . . . . . . . . . . . . . . . . . . 27
120H Commissioner's decision on eligibility application . . . 28
120I Eligibility declaration taken to have been issued . . . . 29
120J Withdrawing eligibility application . . . . . . . . . . . . . . . . 29
Page 2
Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
Contents
120K Expiry of eligibility declaration . . . . . . . . . . . . . . . . . . 30
120L Reversal of decision refusing an eligibility
declaration ......................... 30
30 Amendment of s 121 (Person may apply for review of decision) . 31
31 Insertion of new s 121AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
121AA Effect of applicant under s 121 becoming a disqualified
person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
32 Amendment of s 121A (Police commissioner may decide that
information about a person is investigative information). . . . . . . . 32
33 Amendment of s 121B (Police commissioner not to delegate
power under s 121A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
34 Amendment of s 122 (Commissioner may obtain information
from police commissioner) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
35 Amendment of s 122A (Notice of change in police information
about a person) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
36 Replacement of s 122B (Commissioner to give notice to
employer about making employment-screening decision about
employee) .................................. 35
122B Commissioner to give notice to particular entities
about a change in police information about a
relevant person ...................... 36
37 Amendment of s 123 (Withdrawal of employee's consent to
employment screening) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
38 Amendment of s 123A (Notice about withdrawal of application
or negative notice) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
39 Amendment of s 124 (Compliance with requirement to end, or
not start, a person's regulated employment) . . . . . . . . . . . . . . . . 39
40 Amendment of s 126A (Commissioner must give police
commissioner a person's current address). . . . . . . . . . . . . . . . . . 39
41 Insertion of new s 126AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
126AA Giving other information to police commissioner . . . . 39
42 Amendment of s 126B (Commissioner may give information to
accreditation board about director of school's governing body) . . 40
43 Replacement of ss 126C and 126D . . . . . . . . . . . . . . . . . . . . . . . 40
126C Disqualification order . . . . . . . . . . . . . . . . . . . . . . . . . 40
44 Amendment of s 146 (Indictable and summary offences) . . . . . . 42
45 Insertion of new pt 9, div 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Division 11 Transitional provisions for Commission for
Children and Young People and Child
Guardian and Another Act Amendment Act
2008
217 Definition for div 11. . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Page 3
Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
Contents
218 Applications by disqualified persons who are not
relevant disqualified persons . . . . . . . . . . . . . . . . . . . 42
219 Applications by relevant disqualified persons . . . . . . . 43
220 Applications by persons who are not disqualified
persons ........................... 44
221 Existing applications for review or appeal. . . . . . . . . . 45
222 Positive notices held by disqualified persons who are
not relevant disqualified persons . . . . . . . . . . . . . . . . 45
223 Positive notices held by relevant disqualified persons 46
224 Continuation if commissioner acting on own initiative 46
225 Notice by commissioner of withdrawal of application
under this division. . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
226 Notice by commissioner of cancellation of positive
notice under this division . . . . . . . . . . . . . . . . . . . . . . 47
227 Application of ss 120B, 120C, 120D and 126C . . . . . 47
228 Application of s 120E . . . . . . . . . . . . . . . . . . . . . . . . . 48
229 No retrospective criminal liability . . . . . . . . . . . . . . . . 48
230 Transitional regulation-making power . . . . . . . . . . . . . 48
46 Amendment of sch 2 (Current serious offences) . . . . . . . . . . . . . 49
47 Replacement of schs 2B and 2C . . . . . . . . . . . . . . . . . . . . . . . . . 49
Schedule 2B Current disqualifying offences
Schedule 2C Repealed or expired disqualifying offences
48 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 58
Part 3 Amendment of Police Powers and Responsibilities Act 2000
49 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
50 Insertion of new ch 23, pt 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
Part 1A Provision for Commission for Children and
Young People and Child Guardian Act 2000
789A Power to demand production of CCYPCG document. 61
Part 4 Consequential amendments of other Acts
51 Acts amended in schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
Schedule Consequential amendments of other Acts . . . . . . . . . . . . . . . 63
Child Protection Act 1999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
Transport Operations (Road Use Management) Act 1995 . . . . . . 63
Page 4
2008
A Bill
for
An Act to amend the Commission for Children and Young
People and Child Guardian Act 2000 and the Police Powers and
Responsibilities Act 2000, and for related purposes
Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Commission for Children and 4
Young People and Child Guardian and Another Act 5
Amendment Act 2008. 6
Clause 2 Commencement 7
This Act commences on 2 June 2008 immediately after the 8
commencement of the Child Protection (Offender Prohibition 9
Order) Act 2008. 10
Part 2 Amendment of Commission for 11
Children and Young People and 12
Child Guardian Act 2000 13
Clause 3 Act amended in pt 2 14
This part amends the Commission for Children and Young 15
People and Child Guardian Act 2000. 16
Clause 4 Amendment of s 99C (What is a serious offence) 17
Section 99C(1)(a) to (e)-- 18
omit, insert-- 19
`(a) an offence against a provision of an Act mentioned in 20
schedule 2 or 2A, column 1, subject to any qualification 21
Page 6
Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
Part 2 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 5]
relating to the provision mentioned opposite in column 1
3; or 2
(b) any offence under a law of a foreign jurisdiction that, if 3
it had been committed in Queensland, would have 4
constituted a serious offence of a kind mentioned in 5
paragraph (a); or 6
(c) an offence of counselling or procuring the commission 7
of an offence of a kind mentioned in paragraph (a); or 8
(d) an offence of attempting, or of conspiring, to commit an 9
offence of a kind mentioned in paragraph (a); or 10
(e) an offence that has, as an element, an intention to 11
commit an offence of a kind mentioned in paragraph (a); 12
or 13
(f) an offence that, at the time it was committed was an 14
offence of a kind mentioned in paragraph (a); or 15
(g) another offence that is a class 1 offence or a class 2 16
offence under the Offender Reporting Act that is not 17
otherwise a serious offence under this Act.'. 18
Clause 5 Omission of ss 99D and 99E 19
Sections 99D and 99E-- 20
omit. 21
Clause 6 Amendment of s 100 (Application for notice--regulated 22
employment) 23
(1) Section 100-- 24
insert-- 25
`(1C) If an employer asks an employee to sign an application under 26
subsection (1) about the employee, the employer must warn 27
the employee that it is an offence for a disqualified person to 28
sign the application as a relevant person. 29
Maximum penalty--10 penalty units.'. 30
Page 7
Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
Part 2 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 7]
(2) Section 100(3)(d)-- 1
renumber as section 100(3)(f). 2
(3) Section 100(3)-- 3
insert-- 4
`(d) a declaration by the employer that the employer has 5
given the employee a warning as required under 6
subsection (1C); and 7
(e) a declaration by the relevant person that he or she is not 8
a disqualified person; and'. 9
(4) Section 100-- 10
insert-- 11
`(3A) The approved form must include-- 12
(a) a warning that it is an offence for a disqualified person 13
to sign the application as a relevant person; and 14
(b) a statement about applying for an eligibility 15
declaration.'. 16
(5) Section 100(8), definition prescribed person-- 17
omit. 18
Clause 7 Amendment of s 101 (Application for notice--regulated 19
business) 20
(1) Section 101(3)-- 21
insert-- 22
`(c) a declaration by the person that he or she is not a 23
disqualified person.'. 24
(2) Section 101-- 25
insert-- 26
`(3A) The approved form must include-- 27
(a) a warning that it is an offence for a disqualified person 28
to make the application; and 29
Page 8
Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
Part 2 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 7]
(b) a statement about applying for an eligibility 1
declaration.'. 2
(3) Section 101(6)-- 3
omit, insert-- 4
`(6) The person is taken to have withdrawn the application if the 5
following applies-- 6
(a) the commissioner gives the person a notice-- 7
(i) asking the person to provide, within a reasonable 8
stated time, either or both of the following-- 9
(A) stated information that the commissioner 10
reasonably needs to establish the person's 11
identity; 12
(B) stated information, including by way of a 13
submission, about a stated matter that the 14
commissioner reasonably believes is relevant 15
to the person's application; and 16
(ii) warning the person that, if the person does not 17
comply with the request, the person's application 18
may be taken to have been withdrawn; 19
(b) the person does not comply with the request within the 20
stated time; 21
(c) if the commissioner had requested stated information to 22
establish the person's identity--the commissioner can 23
not establish with certainty the person's identity; 24
(d) the commissioner gives the person a notice stating that 25
the person is taken to have withdrawn the application.'. 26
(4) Section 101(7)(a)-- 27
omit, insert-- 28
`(a) the person gives the commissioner, or the commissioner 29
gives the person, written notice that the person-- 30
(i) is charged with a disqualifying offence; or 31
Page 9
Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
Part 2 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 8]
(ii) is named as the respondent in an application for an 1
offender prohibition order and the proceeding for 2
the offender prohibition order has not ended; or 3
(iii) is subject to a temporary offender prohibition order 4
made after the date of the application for the 5
prescribed notice; and 6
Note-- 7
See section 102(6)(b) if the person is subject to a final 8
offender prohibition order.'. 9
(5) Section 101(8)-- 10
omit. 11
Clause 8 Amendment of s 102 (Decision on application) 12
(1) Section 102(3), `subsection (4)'-- 13
omit, insert-- 14
`subsections (4) and (6A)'. 15
(2) Section 102(3)(b)(iii) and (iv), `an excluding'-- 16
omit, insert-- 17
`a disqualifying'. 18
(3) Section 102(3)(b)(iv), note, `excluding'-- 19
omit, insert-- 20
`disqualifying'. 21
(4) Section 102(3)-- 22
insert-- 23
`(d) has, under section 118, cancelled a negative notice 24
issued to the relevant person; or 25
(e) has issued an eligibility declaration to the relevant 26
person under section 120H and the eligibility 27
declaration has not expired.'. 28
Page 10
Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
Part 2 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 9]
(5) Section 102(6)-- 1
omit, insert-- 2
`(6) Subject to subsections (3) and (7), the commissioner must 3
issue a negative notice to the relevant person if the 4
commissioner is aware the relevant person-- 5
(a) is a relevant disqualified person, other than only because 6
the person is subject to a temporary offender prohibition 7
order; or 8
(b) is a person, other than a person mentioned in paragraph 9
(a), who has at any time been a relevant disqualified 10
person; or 11
(c) has been convicted of a serious offence. 12
`(6A) Subject to subsection (7), the commissioner must also issue a 13
negative notice to a relevant person to whom subsection (3)(d) 14
or (e) applies if the commissioner is aware of any police 15
information or disciplinary information about the relevant 16
person, other than information known to the commissioner at 17
the time of taking the action mentioned in the paragraph that 18
applies to the person.'. 19
(6) Section 102(7), after `(6)(b)'-- 20
insert-- 21
`or (c) or (6A)'. 22
Clause 9 Amendment of s 102A (Decision-making under s 102 in 23
relation to discretionary matters) 24
Section 102A(2)(a)(ii), `an excluding'-- 25
omit, insert-- 26
`a disqualifying'. 27
Clause 10 Amendment of s 102B (Actions of commissioner after 28
making decision on application) 29
Section 102B(3A) and (5), `102(6)(a)'-- 30
Page 11
Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
Part 2 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 11]
omit, insert-- 1
`102(6)(a) or (b)'. 2
Clause 11 Amendment of s 104 (Currency of prescribed notice and 3
positive notice blue card) 4
Section 104(2), `under division 4'-- 5
omit. 6
Clause 12 Amendment of s 107 (Prohibited employment) 7
(1) Section 107(2)-- 8
insert-- 9
`(d) the employer has been given a notice in relation to the 10
employee under-- 11
(i) section 119E(4) or 120E(3)(a); or 12
(ii) section 122B(3) because of a change in police 13
information mentioned in section 122B(3)(g).'. 14
(2) Section 107(2), penalty, paragraph (b)-- 15
omit, insert-- 16
`(b) otherwise--200 penalty units or 2 years imprisonment.'. 17
Clause 13 Amendment of s 108 (Person holding negative notice, or 18
who has withdrawn consent to employment screening, 19
not to apply for, or start or continue in, regulated 20
employment) 21
Section 108(2)-- 22
omit, insert-- 23
`(2) If-- 24
(a) an application about the person was made under section 25
100; and 26
Page 12
Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
Part 2 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 14]
(b) before a prescribed notice was issued, the application 1
was withdrawn under section 123(2) or (3B) because the 2
person's consent to employment screening under this 3
part was withdrawn; 4
the person must not start or continue in regulated employment 5
unless a positive notice is issued to the person. 6
Maximum penalty-- 7
(a) if an application is withdrawn under section 8
123(2)--100 penalty units or 1 year's imprisonment; or 9
(b) otherwise--500 penalty units or 5 years imprisonment.'. 10
Clause 14 Replacement of pt 6, div 3, sdiv 3 hdg (Changes in 11
criminal history) 12
Part 6, division 3, subdivision 3, heading-- 13
omit, insert-- 14
`Subdivision 3 Changes in police information'. 15
Clause 15 Replacement of s 110 (Acquiring a criminal history) 16
Section 110-- 17
omit, insert-- 18
`110 Acquiring police information 19
`For a person in relation to whom police information does not 20
exist, there is taken to be a change in the person's police 21
information if the person acquires police information.'. 22
Clause 16 Amendment of s 111 (Effect of conviction for serious 23
offence or charge for excluding offence) 24
(1) Section 111, heading, from `or charge'-- 25
omit. 26
Page 13
Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
Part 2 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 17]
(2) Section 111(1), from `serious'-- 1
omit, insert-- 2
`serious offence.'. 3
Clause 17 Replacement of s 112 (Change in criminal history of 4
employee) 5
Section 112-- 6
omit, insert-- 7
`112 Change in police information of employee 8
`(1) This section applies to a person employed in regulated 9
employment if the person becomes aware that there is a 10
change in the person's police information. 11
`(2) The person must immediately disclose to the person's 12
employer that there has been a change in the person's police 13
information. 14
Maximum penalty--100 penalty units. 15
`(3) On receiving the disclosure, the employer must not continue 16
to employ the person in regulated employment without 17
notifying the commissioner, in the approved form, of the 18
change in the person's police information. 19
Maximum penalty--100 penalty units. 20
`(4) To remove any doubt, it is declared that-- 21
(a) it is not a requirement of subsection (2) that the person 22
give the person's employer any information about the 23
change other than that a change has happened; and 24
(b) unless otherwise required under this part, it is not a 25
requirement that the employer stop employing the 26
person on receiving the disclosure.'. 27
Page 14
Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
Part 2 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 18]
Clause 18 Replacement of s 113 (Change in criminal history of 1
person carrying on regulated business) 2
Section 113-- 3
omit, insert-- 4
`113 Change in police information of person carrying on a 5
regulated business 6
`(1) This section applies to a person carrying on a regulated 7
business if the person becomes aware that there is a change in 8
the person's police information. 9
`(2) The person must immediately notify the commissioner, in the 10
approved form, of the change in the person's police 11
information. 12
Maximum penalty--100 penalty units.'. 13
Clause 19 Amendment of s 114 (Change in criminal history of other 14
persons) 15
(1) Section 114, `criminal history'-- 16
omit, insert-- 17
`police information'. 18
(2) Section 114(3), from `applying' to `person'-- 19
omit, insert-- 20
`notifying the commissioner, in the approved form, of the 21
change in police information'. 22
(3) Section 114(4), from `apply' to `notice'-- 23
omit, insert-- 24
`notify the commissioner, in the approved form, of the change 25
in police information'. 26
Clause 20 Amendment of s 117 (Return of positive notice and any 27
positive notice blue card to commissioner) 28
Section 117(1)(b), from `the notice'-- 29
Page 15
Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
Part 2 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 21]
omit, insert-- 1
`the notice.'. 2
Clause 21 Amendment of s 118 (Cancellation of negative notice and 3
issuing of positive notice) 4
(1) Section 118, heading, `and issuing of positive notice'-- 5
omit. 6
(2) Section 118-- 7
insert-- 8
`(1A) However, this section does not apply to the person if the 9
person is a relevant disqualified person.'. 10
(3) Section 118(3)-- 11
omit, insert-- 12
`(3) The application may not be made less than 2 years after the 13
issue of the negative notice or any previous application by the 14
person under this section, unless-- 15
(a) the decision to issue the negative notice was based on 16
wrong or incomplete information; or 17
(b) the negative notice was issued because the person was a 18
relevant disqualified person and the person is no longer 19
a relevant disqualified person.'. 20
(4) Section 118(7), `and issue a positive notice to the person'-- 21
omit. 22
Clause 22 Amendment of s 119 (Commissioner may cancel a 23
prescribed notice and substitute another prescribed 24
notice) 25
(1) Section 119(1)(b)-- 26
omit, insert-- 27
`(b) subject to section 119C, it is appropriate to cancel the 28
positive notice having regard to-- 29
Page 16
Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
Part 2 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 22]
(i) disciplinary information, or information received 1
under section 122 or 122A, about the person, other 2
than information known to the commissioner at the 3
time the positive notice was issued; or 4
(ii) a decision of a court made after the positive notice 5
was issued, including the reasons for the decision, 6
relating to an offence committed by the person.'. 7
(2) Section 119(2)-- 8
omit, insert-- 9
`(2) The commissioner may cancel a negative notice (the 10
cancelled notice) about a person and substitute a positive 11
notice if-- 12
(a) the commissioner is satisfied that the decision on the 13
application for the cancelled notice was based on wrong 14
or incomplete information and, based on the correct or 15
complete information, the commissioner should issue 16
the positive notice; or 17
(b) the negative notice was issued because the person was a 18
relevant disqualified person and the person is no longer 19
a relevant disqualified person; or 20
(c) the commissioner is satisfied that it is appropriate to 21
cancel the negative notice having regard to information 22
not known to the commissioner at the time the negative 23
notice was issued.'. 24
(3) Section 119(4), `section 126B(2)'-- 25
omit, insert-- 26
`section 126B'. 27
(4) Section 119(6)-- 28
omit, insert-- 29
`(6) The commissioner may exercise a power-- 30
(a) under subsection (1) or (2)--on the commissioner's own 31
initiative; or 32
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Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
Part 2 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 23]
(b) under subsection (2)(a) or (b)--on application under 1
section 118 by the person to whom the cancelled notice 2
was issued.'. 3
Clause 23 Amendment of s 119A (Cancellation if conviction for 4
excluding offence and imprisonment or disqualification 5
order) 6
(1) Section 119A, heading-- 7
omit, insert-- 8
`119A Cancellation if relevant disqualified person'. 9
(2) Section 119A(1)-- 10
omit, insert-- 11
`(1) This section applies if a person who is the holder of a positive 12
notice, including a positive notice that is suspended under 13
section 119C, becomes a relevant disqualified person other 14
than only because the person is subject to a temporary 15
offender prohibition order.'. 16
(3) Section 119A(3)(b) and (c)-- 17
omit, insert-- 18
`(b) the person can not apply under section 118 for the 19
cancellation of the negative notice, even after 2 years, 20
except as provided for in section 118(3).'. 21
(4) Section 119A(6), `section 126B(2)'-- 22
omit, insert-- 23
`section 126B'. 24
Clause 24 Omission of s 119B (Cancellation if conviction for 25
excluding offence but no imprisonment or 26
disqualification order) 27
Section 119B-- 28
omit. 29
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Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
Part 2 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 25]
Clause 25 Amendment of s 119C (Effect of charge for excluding 1
offence pending charge being dealt with) 2
(1) Section 119C, heading-- 3
omit, insert-- 4
`119C Suspension of a positive notice'. 5
(2) Section 119C(1)-- 6
omit, insert-- 7
`(1) This section applies if a person who is the holder of a positive 8
notice-- 9
(a) is charged with a disqualifying offence; or 10
(b) becomes a relevant disqualified person because the 11
person is subject to a temporary offender prohibition 12
order. 13
`(1A) The commissioner must, by written notice given to the person, 14
suspend the person's positive notice.'. 15
(3) Section 119C(2)(e), `notice is'-- 16
omit, insert-- 17
`notice about the suspension is'. 18
(4) Section 119C(3) and (4), `subsection (1)'-- 19
omit, insert-- 20
`subsection (1A)'. 21
(5) Section 119C(3), penalty-- 22
omit, insert-- 23
`Maximum penalty--500 penalty units or 5 years 24
imprisonment.'. 25
(6) Section 119C(6), `section 126B(2)'-- 26
omit, insert-- 27
`section 126B'. 28
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Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
Part 2 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 26]
Clause 26 Amendment of s 119D (Cancellation of suspension and 1
issue of further prescribed notice) 2
(1) Section 119D(2)(a), `or 119B(2)'-- 3
omit. 4
(2) Section 119D(2)(b)-- 5
omit, insert-- 6
`(b) the commissioner cancels the suspended notice and 7
issues a further positive notice or a negative notice for 8
the person-- 9
(i) on the commissioner's own initiative; or 10
(ii) on application by the person for cancellation of the 11
suspension.'. 12
(3) Section 119D(3) and (3A)-- 13
omit. 14
(4) Section 119D(4), `under subsection (3)'-- 15
omit, insert-- 16
`to cancel the suspended notice and issue a further positive 17
notice or a negative notice'. 18
(5) Section 119D(5), `section 126B(2)'-- 19
omit, insert-- 20
`section 126B'. 21
(6) Section 119D-- 22
insert-- 23
`(7) Despite an application made by the person as mentioned in 24
subsection (2)(b)(ii), the commissioner is not required to 25
decide the application-- 26
(a) while a charge against the person for a disqualifying 27
offence is pending; or 28
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Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
Part 2 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 27]
(b) while the person is a relevant disqualified person 1
because the person is subject to a temporary offender 2
prohibition order; or 3
(c) if the person has been convicted of a disqualifying 4
offence and-- 5
(i) the period allowed for an appeal relating to the 6
conviction or sentence of the person has not ended; 7
or 8
(ii) an appeal relating to the conviction or sentence has 9
started but has not been decided; or 10
(d) if the person is subject to a final offender prohibition 11
order or a disqualification order and-- 12
(i) the period allowed for an appeal relating to the 13
order has not ended; or 14
(ii) an appeal relating to the order has started but has 15
not been decided.'. 16
Clause 27 Insertion of new s 119E 17
After section 119D-- 18
insert-- 19
`119E Request to cancel suspended positive notice 20
`(1) A person who is given a notice under section 119C(1A) (the 21
relevant person) may, by written notice given to the 22
commissioner, ask the commissioner to cancel the person's 23
positive notice. 24
`(2) After receiving the written notice, the commissioner must-- 25
(a) cancel the positive notice; and 26
(b) give the person a written notice stating that-- 27
(i) the positive notice has been cancelled; and 28
(ii) the person must not perform work that is regulated 29
employment or carry on a regulated business. 30
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Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
Part 2 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 28]
`(3) The relevant person must not perform work that is regulated 1
employment unless the commissioner issues a further positive 2
notice to the person. 3
Maximum penalty--500 penalty units or 5 years 4
imprisonment. 5
Note-- 6
See section 109 for the offence of carrying on a regulated business 7
without a current positive notice. 8
`(4) The commissioner must give written notice about the 9
cancellation of the relevant person's positive notice to any 10
person to whom the commissioner gave written notice as 11
mentioned in section 119C(5) and (6). 12
`(5) A notice under subsection (4) must state that a person to 13
whom the notice is given must not allow the relevant person to 14
perform work that is regulated employment.'. 15
Clause 28 Amendment of s 120A (Change of details for prescribed 16
notice or positive notice blue card) 17
(1) Section 120A(1), `or negative notice'-- 18
omit, insert-- 19
`, or the holder of a negative notice who has applied for its 20
cancellation,'. 21
(2) Section 120A-- 22
insert-- 23
`(1A) This section also applies if the holder of a positive notice that 24
is not suspended does either of the following (each of which is 25
also a relevant change)-- 26
(a) ends or changes the person's employment; 27
(b) stops carrying on a regulated business or starts another 28
regulated business.'. 29
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Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
Part 2 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 29]
Clause 29 Insertion of new pt 6, div 4A 1
After section 120A-- 2
insert-- 3
`Division 4A Disqualified persons 4
`120B What is a disqualifying offence 5
`(1) A disqualifying offence is an offence against a provision of an 6
Act mentioned in schedule 2B or 2C, column 1, subject to any 7
qualification relating to the provision mentioned opposite in 8
column 3. 9
Note-- 10
Column 2 in schedules 2B and 2C is included for information 11
purposes only and states a section heading for the provision 12
mentioned opposite in column 1. 13
`(2) A disqualifying offence mentioned in subsection (1) also 14
includes-- 15
(a) any offence under a law of a foreign jurisdiction that, if 16
it had been committed in Queensland, would have 17
constituted a disqualifying offence of a kind mentioned 18
in subsection (1); or 19
(b) an offence of counselling or procuring the commission 20
of an offence of a kind mentioned in paragraph (a); or 21
(c) an offence of attempting, or of conspiring, to commit an 22
offence of a kind mentioned in subsection (1); or 23
(d) an offence that has, as an element, intention to commit 24
an offence of a kind mentioned in subsection (1); or 25
(e) an offence that, at the time it was committed was an 26
offence of a kind mentioned in subsection (1). 27
`(3) For this section, it is immaterial if a provision mentioned in 28
schedule 2B or 2C, column 1 has been amended from time to 29
time or that the provision was previously numbered with a 30
different number. 31
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Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
Part 2 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 29]
`120C Who is a disqualified person 1
`(1) A person is a disqualified person if the person-- 2
(a) has been or is convicted of a disqualifying offence; or 3
(b) is subject to-- 4
(i) reporting obligations under the Offender Reporting 5
Act; or 6
(ii) an offender prohibition order; or 7
(iii) a disqualification order. 8
`(2) However, a person to whom subsection (1)(a) applies is not a 9
disqualified person if the commissioner issued an eligibility 10
declaration to the person and the eligibility declaration has not 11
expired. 12
`120D Who is a relevant disqualified person 13
`A person is a relevant disqualified person if the person-- 14
(a) has been or is convicted of a disqualifying offence for 15
which an imprisonment order was or is imposed; or 16
(b) is subject to-- 17
(i) reporting obligations under the Offender Reporting 18
Act; or 19
(ii) an offender prohibition order; or 20
(iii) a disqualification order. 21
`120E Offences for disqualified person 22
`(1) A disqualified person must not-- 23
(a) sign an application as a relevant person under section 24
100; or 25
(b) make an application under section 101; or 26
(c) apply for, or start or continue in, regulated employment. 27
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Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
Part 2 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 29]
Maximum penalty--500 penalty units or 5 years 1
imprisonment. 2
Note-- 3
Under section 109 it is an offence for a person to carry on a regulated 4
business unless the person has a current positive notice. 5
`(2) If a person signs or makes an application as mentioned in 6
subsection (1) and the commissioner decides the person is a 7
disqualified person, the commissioner must give written 8
notice to the person stating the following-- 9
(a) the commissioner has decided the person is a 10
disqualified person; 11
(b) the application is invalid; 12
(c) the person must not start or continue in regulated 13
employment or carry on a regulated business. 14
`(3) Also, the commissioner must give notice as mentioned in 15
subsection (4) to the following-- 16
(a) if the person has applied for, or started or continued in, 17
regulated employment--the employer; 18
(b) if the person is a trainee student of an education 19
provider--the education provider; 20
(c) if the commissioner is aware that the person is a 21
licensee, the nominee of a licensee, or an adult occupant 22
of a carer's home that is a licensed home based service, 23
under the Child Care Act 2002--the chief executive of 24
the department in which that Act is administered; 25
(d) if the commissioner is aware that the person is carrying 26
on a regulated business as a religious representative--an 27
entity within the relevant organised or recognised 28
religious group that the commissioner reasonably 29
considers has responsibility for supervising or 30
disciplining the person; 31
(e) if the commissioner is aware that the person is the 32
nominee for, or an executive officer of an applicant for 33
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Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
Part 2 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 29]
or holder of, a licence under the Child Protection Act 1
1999--the chief executive (child safety). 2
`(4) A notice given under subsection (3) must state that the 3
commissioner has decided that the stated person for whom the 4
application for a prescribed notice has been made is a 5
disqualified person and-- 6
(a) the person to whom the notice is given must not allow 7
the stated person to start or continue to perform work 8
that is regulated employment; or 9
(b) the stated person must not start or continue to carry on a 10
regulated business. 11
`(5) Also, the commissioner must consider whether notice as 12
mentioned in subsection (4) must be given under section 13
126B. 14
`(6) Subsection (1)(c) applies even though it may not be an offence 15
for a person to employ the disqualified person in regulated 16
employment. 17
`120F Application for an eligibility declaration 18
`(1) The purpose of this section to is allow a person who may be a 19
disqualified person to apply to the commissioner for a 20
declaration (eligibility declaration) that the person is not a 21
disqualified person and is eligible-- 22
(a) to sign an application as a relevant person under section 23
100; or 24
(b) to make an application under section 101. 25
Note-- 26
Under section 120E it is an offence for a person to sign an application as a 27
relevant person or to make an application, if the person is a disqualified person. 28
However, it is not an offence to make an application under this section. 29
`(2) A person may make an application (eligibility application) to 30
the commissioner for an eligibility declaration stating that the 31
person is eligible-- 32
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Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
Part 2 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 29]
(a) to sign an application as a relevant person under section 1
100; or 2
(b) to make an application under section 101. 3
`(3) The person can not make an eligibility application less than 2 4
years after making a previous eligibility application that has 5
been refused, unless-- 6
(a) the decision to refuse the eligibility application was 7
based on wrong or incomplete information; or 8
(b) the eligibility declaration was refused because the 9
person was a relevant disqualified person and the person 10
is no longer a relevant disqualified person. 11
`(4) The eligibility application must be-- 12
(a) in the approved form; and 13
(b) signed by the person; and 14
(c) accompanied by the prescribed fee. 15
`(5) The approved form must include provision for-- 16
(a) identifying information about the person; and 17
(b) certification by a prescribed person that the prescribed 18
person has sighted the documents, relating to proof of 19
the person's identity, prescribed under a regulation. 20
`120G Notice of change of name and contact details in 21
eligibility application 22
`(1) This section applies if, after a person makes an eligibility 23
application, the person's name or contact details, as stated in 24
the application, change before the commissioner issues an 25
eligibility declaration or a notice relating to the application 26
under section 120H. 27
`(2) Within 14 days after the change happens, the person must give 28
notice of it, in the approved form, to the commissioner. 29
Maximum penalty--10 penalty units. 30
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Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
Part 2 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 29]
`120H Commissioner's decision on eligibility application 1
`(1) The commissioner may only issue an eligibility declaration 2
for a person who has been convicted of a disqualifying 3
offence. 4
`(2) The commissioner must refuse a person's eligibility 5
application if the person is a relevant disqualified person. 6
`(3) If the person has been convicted of a disqualifying offence 7
and is not a relevant disqualified person, the commissioner 8
must decide the eligibility application as if it were a decision 9
about an application for a prescribed notice and, for that 10
purpose, sections 102, 102A and 103 apply to the decision. 11
`(4) For subsection (3), sections 102 and 103 apply as if-- 12
(a) a reference in the provisions to issuing a positive notice 13
were a reference to issuing an eligibility declaration; 14
and 15
(b) a reference in the provisions to issuing a negative notice 16
were a reference to refusing to issue an eligibility 17
declaration. 18
`(5) If the eligibility application is granted, the commissioner must 19
issue the eligibility declaration to the person. 20
`(6) If the eligibility application is refused, the commissioner must 21
give the person a written notice stating-- 22
(a) the reasons for the refusal; and 23
(b) if the reasons include investigative information-- 24
(i) that, within 28 days after the person is given the 25
notice, the person may appeal as mentioned in 26
section 121C(2) to a Magistrates Court about only 27
the investigative information; and 28
(ii) how the person may appeal to the Magistrates 29
Court. 30
`(7) If the commissioner considers the person has not been 31
convicted of a disqualifying offence, the commissioner must 32
give written notice to the person stating the following-- 33
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Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
Part 2 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 29]
(a) the commissioner may only issue an eligibility 1
declaration if the person has been convicted of a 2
disqualifying offence; 3
(b) the commissioner does not consider the person has been 4
convicted of a disqualifying offence and, for that reason, 5
the commissioner can not issue an eligibility declaration 6
to the person; 7
(c) that an application may be made under section 100 or 8
101 for the person; 9
(d) that the eligibility application will not be further dealt 10
with by the commissioner. 11
`120I Eligibility declaration taken to have been issued 12
`The commissioner is taken to have issued an eligibility 13
declaration to a disqualified person if the commissioner-- 14
(a) issues a positive notice to the person; or 15
(b) cancels a negative notice issued to the person. 16
`120J Withdrawing eligibility application 17
`(1) A person may withdraw an eligibility application at any time 18
before the commissioner issues an eligibility declaration or a 19
notice relating to the application under section 120H. 20
`(2) A person is taken to have withdrawn an eligibility application 21
if the following applies-- 22
(a) the commissioner gives the person a notice-- 23
(i) asking the person to provide, within a reasonable 24
stated time, either or both of the following-- 25
(A) stated information that the commissioner 26
reasonably needs to establish the person's 27
identity; 28
(B) stated information, including by way of a 29
submission, about a stated matter that the 30
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Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
Part 2 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 29]
commissioner reasonably believes is relevant 1
to the person's application; and 2
(ii) warning the person that, if the person does not 3
comply with the request, the person's eligibility 4
application may be taken to have been withdrawn; 5
(b) the person does not comply with the request within the 6
stated time; 7
(c) if the commissioner had requested stated information to 8
establish the person's identity--the commissioner can 9
not establish with certainty the person's identity; 10
(d) the commissioner gives the person a notice stating that 11
the person is taken to have withdrawn the eligibility 12
application. 13
`120K Expiry of eligibility declaration 14
`An eligibility declaration issued to a person expires if, after it 15
is issued-- 16
(a) the person-- 17
(i) is charged with a disqualifying offence; or 18
(ii) is convicted of a serious offence; or 19
(iii) becomes a relevant disqualified person; or 20
(iv) is issued with a negative notice; or 21
(b) any positive notice held by the person is cancelled. 22
`120L Reversal of decision refusing an eligibility 23
declaration 24
`(1) The commissioner may revoke a decision to refuse an 25
eligibility application and issue an eligibility declaration if the 26
commissioner is satisfied-- 27
(a) the decision on the application was based on wrong or 28
incomplete information; and 29
Page 30
Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
Part 2 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 30]
(b) based on the correct or complete information, the 1
commissioner decides under section 120H that the 2
commissioner may issue the eligibility declaration. 3
`(2) The commissioner may exercise the power under subsection 4
(1) on the commissioner's own initiative or on application by 5
the person whose eligibility application was refused.'. 6
Clause 30 Amendment of s 121 (Person may apply for review of 7
decision) 8
(1) Section 121(1), after `A person'-- 9
insert-- 10
`who is not a disqualified person'. 11
(2) Section 121(1)(a), `section 102(4) or (7), 119B(2) or 12
119D(3)'-- 13
omit, insert-- 14
`section 102(4) or (7)'. 15
(3) Section 121(1)(b), `an excluding'-- 16
omit, insert-- 17
`a disqualifying'. 18
(4) Section 121(1)(b), `section 119C(1)'-- 19
omit, insert-- 20
`section 119C(1A)'. 21
(5) Section 121(1A), `relevant excluding'-- 22
omit, insert-- 23
`disqualifying'. 24
(6) Section 121(3)-- 25
omit, insert-- 26
`(3) To remove any doubt, it is declared that there is no appeal, or 27
review, under this Act against a decision of the 28
commissioner-- 29
Page 31
Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
Part 2 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 31]
(a) to issue, or refuse to cancel, a negative notice about a 1
person other than a decision mentioned in subsection 2
(1); or 3
(b) to refuse an application for an eligibility declaration.'. 4
Clause 31 Insertion of new s 121AA 5
After section 121-- 6
insert-- 7
`121AA Effect of applicant under s 121 becoming a disqualified 8
person 9
`(1) This section applies if a disqualified person made an 10
application under section 121 before the person became a 11
disqualified person. 12
`(2) The application and any proceeding in relation to the 13
application must be dismissed-- 14
(a) if a proceeding in relation to the application is before a 15
court--by the court; or 16
(b) otherwise--by the Children Services Tribunal, even if 17
the dismissal would be contrary to a direction of the 18
District Court. 19
`(3) Any appeal by the person from a decision of the Children 20
Services Tribunal on the application must be dismissed.'. 21
Clause 32 Amendment of s 121A (Police commissioner may decide 22
that information about a person is investigative 23
information) 24
Section 121A(1)(a), `a serious child-related sexual'-- 25
omit, insert-- 26
`an offence that is a disqualifying'. 27
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Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
Part 2 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 33]
Clause 33 Amendment of s 121B (Police commissioner not to 1
delegate power under s 121A) 2
Section 121B, after `121A'-- 3
insert-- 4
`other than to a police officer of at least the rank of 5
superintendent'. 6
Clause 34 Amendment of s 122 (Commissioner may obtain 7
information from police commissioner) 8
(1) Section 122(1)-- 9
insert-- 10
`(d) the commissioner has received an eligibility application 11
about the person and-- 12
(i) the commissioner has not given the person written 13
notice under section 120E(2) or 120H(6); or 14
(ii) the application has not been withdrawn under 15
section 120J; or 16
(e) the commissioner has issued an eligibility declaration to 17
the relevant person and the eligibility declaration has not 18
expired; or 19
(f) the commissioner has issued a negative notice to the 20
relevant person and-- 21
(i) the relevant person has made an application under 22
section 121 that has not been decided; or 23
(ii) an appeal to a court has been made in relation to an 24
application under section 121 and the appeal has 25
not been decided.'. 26
(2) Section 122-- 27
insert-- 28
`(2B) The police commissioner must give the commissioner the 29
following information about a person who is or has been a 30
relevant disqualified person-- 31
Page 33
Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
Part 2 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 35]
(a) that the person is or has been a relevant disqualified 1
person; 2
(b) if the person is or has been subject to a disqualification 3
order--the duration and details of the disqualification 4
order; 5
(c) if the person is or has been subject to an offender 6
prohibition order-- 7
(i) a brief description of the conduct that gave rise to 8
the order; and 9
(ii) the duration and details of the order, including 10
whether it is or was a temporary offender 11
prohibition order or a final offender prohibition 12
order. 13
`(2C) The police commissioner must give the commissioner the 14
following information about a person who is or has been the 15
subject of an application for a disqualification order or named 16
as the respondent for an application for an offender 17
prohibition order and the order was not made-- 18
(a) that the person is or has been the subject of an 19
application for a disqualification order or named as the 20
respondent for an application for an offender prohibition 21
order and the order was not made; 22
(b) the reasons why the application was made; 23
(c) the reasons why the order was not made.'. 24
Clause 35 Amendment of s 122A (Notice of change in police 25
information about a person) 26
(1) Section 122A(1)-- 27
omit, insert-- 28
`(1) This section applies if, for a person in relation to whom any of 29
the following happens, the police commissioner reasonably 30
suspects the person is a person mentioned in section 122(1)(a) 31
to (f)-- 32
Page 34
Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
Part 2 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 36]
(a) the person's criminal history changes; 1
(b) the police commissioner decides, under section 121A, 2
that information about the person is investigative 3
information (regardless of when the act or omission 4
relevant to the investigative information happened or is 5
alleged to have happened); 6
(c) the person becomes, or is no longer, a relevant 7
disqualified person; 8
(d) the person is named as the respondent for an application 9
for an offender prohibition order.'. 10
(2) Section 122A-- 11
insert-- 12
`(1B) If an event mentioned in subsection (1)(c) or (d) happens in 13
relation to the person, the police commissioner must notify 14
the commissioner of the happening of the event.'. 15
(3) Section 122A(2)(c)-- 16
omit, insert-- 17
`(c) the information mentioned in section 122(2B) and (3).'. 18
(4) Section 122A-- 19
insert-- 20
`(3A) However, the duty imposed on the police commissioner to 21
provide information to the commissioner under this section 22
applies only to information in the police commissioner's 23
possession or to which the police commissioner has access.'. 24
Clause 36 Replacement of s 122B (Commissioner to give notice to 25
employer about making employment-screening decision 26
about employee) 27
Section 122B-- 28
omit, insert-- 29
Page 35
Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
Part 2 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 36]
`122B Commissioner to give notice to particular entities 1
about a change in police information about a 2
relevant person 3
`(1) This section applies if the commissioner becomes aware that 4
police information about a relevant person has changed. 5
`(2) However, this section does not apply if the change is that-- 6
(a) the relevant person has been charged with or convicted 7
of a disqualifying offence; or 8
(b) the relevant person has become a relevant disqualified 9
person; or 10
(c) both of the following have happened-- 11
(i) the relevant person has been named as the 12
respondent in an application for an offender 13
prohibition order and the proceeding for the 14
offender prohibition order has not ended; 15
(ii) an application for a prescribed notice about the 16
relevant person has been made under section 100 17
or 101 and has not been decided. 18
`(3) If the commissioner considers the change in police 19
information may be relevant to child-related employment, the 20
commissioner must give written notice to each entity 21
mentioned in section 123A(2)(a) to (e) stating the following-- 22
(a) the relevant person's name and identifying details; 23
(b) that the commissioner has received police information 24
about the relevant person that the commissioner 25
considers relevant to child-related employment; 26
(c) that the commissioner is making a decision under 27
section 102 about the relevant person; 28
(d) a reminder of the risk management requirements under 29
section 99G; 30
(e) an employer may not dismiss the relevant person solely 31
or mainly because the employer is given a notice under 32
this subsection; 33
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Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
Part 2 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 36]
(f) if the change in police information is a change in 1
criminal history, whether it is a charge or conviction and 2
whether or not it is a serious offence; 3
(g) if the change in police information is a conviction for a 4
serious offence, that it is an offence for-- 5
(i) the relevant person to perform work that is 6
regulated employment or carry on a regulated 7
business; and 8
(ii) an employer to allow the relevant person to 9
perform work that is regulated employment. 10
`(4) If the relevant person is the director of a school's governing 11
body, the commissioner must give written notice as mentioned 12
in subsection (3) to the accreditation board. 13
`(5) An employer may not dismiss the relevant person solely or 14
mainly because the employer is given a notice under 15
subsection (3) or (4). 16
`(6) In this section-- 17
accreditation board means the Non-State Schools 18
Accreditation Board established under the Education 19
(Accreditation of Non-State Schools) Act 2001, section 105. 20
director, of a school's governing body, see the Education 21
(Accreditation of Non-State Schools) Act 2001, schedule 3. 22
relevant person means-- 23
(a) the holder of a positive notice, other than a positive 24
notice that is suspended under section 119C(1A); or 25
(b) a person about whom an application for a prescribed 26
notice made under section 100 or 101 has not been 27
decided or withdrawn.'. 28
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Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
Part 2 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 37]
Clause 37 Amendment of s 123 (Withdrawal of employee's consent 1
to employment screening) 2
(1) Section 123(3)(a)(i)-- 3
omit, insert-- 4
`(i) asking the employee to provide, within a 5
reasonable stated time, either or both of the 6
following-- 7
(A) stated information that the commissioner 8
reasonably needs to establish the employee's 9
identity; 10
(B) stated information, including by way of a 11
submission, about a stated matter that the 12
commissioner reasonably believes is relevant 13
to the application; and'. 14
(2) Section 123(3B)(a)-- 15
omit, insert-- 16
`(a) the employee gives the commissioner, or the 17
commissioner gives the employee, written notice that 18
the employee-- 19
(i) is charged with a disqualifying offence; or 20
(ii) is named as the respondent in an application for an 21
offender prohibition order and the proceeding for 22
the offender prohibition order has not ended; or 23
(iii) is subject to a temporary offender prohibition order 24
made after the date of the application for the 25
prescribed notice; and'. 26
Clause 38 Amendment of s 123A (Notice about withdrawal of 27
application or negative notice) 28
Section 123A(3)(b), `119A--the section'-- 29
omit, insert-- 30
`(b)--the provision'. 31
Page 38
Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
Part 2 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 39]
Clause 39 Amendment of s 124 (Compliance with requirement to 1
end, or not start, a person's regulated employment) 2
Section 124(4), from `regulated employment'-- 3
omit, insert-- 4
`regulated employment.'. 5
Clause 40 Amendment of s 126A (Commissioner must give police 6
commissioner a person's current address) 7
(1) Section 126A(1)(b)-- 8
omit, insert-- 9
`(b) either of the following applies-- 10
(i) the police commissioner is, under this part, 11
required to give a notice to the person; 12
(ii) the commissioner reasonably believes the giving of 13
the information will help the police commissioner 14
to verify the person's identity for giving police 15
information to the commissioner under this part.'. 16
(2) Section 126A(2), from `except'-- 17
omit, insert-- 18
`other than a purpose mentioned in subsection (1)(b).'. 19
Clause 41 Insertion of new s 126AA 20
After section 126A-- 21
insert-- 22
`126AA Giving other information to police commissioner 23
`(1) The commissioner may give the police commissioner 24
confidential information about a person if the commissioner 25
reasonably believes the giving of the information is necessary 26
for the effective administration of any of the following-- 27
(a) this part; 28
Page 39
Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
Part 2 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 42]
(b) the Child Protection (Offender Prohibition Order) Act 1
2008; 2
(c) the Child Protection (Offender Reporting) Act 2004; 3
(d) the Police Powers and Responsibilities Act 2000, section 4
789A. 5
`(2) Section 122(9) to (11) applies to the giving of the information 6
under this section. 7
`(3) This section does not limit section 126A or 153.'. 8
Clause 42 Amendment of s 126B (Commissioner may give 9
information to accreditation board about director of 10
school's governing body) 11
Section 126B-- 12
insert-- 13
`(2A) Also, if an application is made for a prescribed notice for a 14
director whom the commissioner decides under section 15
120E(2) is a disqualified person, the commissioner must 16
notify the accreditation board about the commissioner's 17
decision and that the application is invalid.'. 18
Clause 43 Replacement of ss 126C and 126D 19
Sections 126C and 126D-- 20
omit, insert-- 21
`126C Disqualification order 22
`(1) This section applies if a person is convicted of-- 23
(a) a disqualifying offence and the court that convicts the 24
person does not impose an imprisonment order for the 25
offence; or 26
(b) another serious offence committed in relation to, or 27
otherwise involving, a child. 28
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Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
Part 2 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 43]
`(2) The court may, on application by the prosecutor or on its own 1
initiative, make an order (a disqualification order) in relation 2
to the person stating either-- 3
(a) that the person may not hold a positive notice, or apply 4
for a prescribed notice, for a stated period; or 5
(b) that the person may never hold a positive notice or apply 6
for a prescribed notice. 7
`(3) However, the court may make the disqualification order only 8
if the court considers it would not be in the interests of 9
children for the commissioner to issue a positive notice to the 10
person. 11
`(4) The person against whom the disqualification order is made 12
may appeal against the court's decision under subsection (2) 13
in the same way the person may appeal against the conviction. 14
`(5) In this section-- 15
Crown prosecutor includes-- 16
(a) the Attorney-General; and 17
(b) the director of public prosecutions; and 18
(c) another person, other than a police officer, appearing for 19
the State. 20
prosecutor means-- 21
(a) in the context of a proceeding before, or an application 22
to, a Magistrates Court or a Childrens Court-- 23
(i) a police officer; or 24
(ii) a service legal officer within the meaning of the 25
Police Service Administration Act 1990, section 26
10.24; or 27
(iii) a Crown prosecutor; or 28
(b) otherwise--a Crown prosecutor.'. 29
Page 41
Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
Part 2 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 44]
Clause 44 Amendment of s 146 (Indictable and summary offences) 1
Section 146(1)-- 2
omit, insert-- 3
`(1) An offence against section 108, 109, 111, 119C(3), 119E and 4
120E is an indictable offence.'. 5
Clause 45 Insertion of new pt 9, div 11 6
Part 9-- 7
insert-- 8
`Division 11 Transitional provisions for 9
Commission for Children and 10
Young People and Child Guardian 11
and Another Act Amendment Act 12
2008 13
`217 Definition for div 11 14
`In this division-- 15
commencement means the commencement of this section. 16
`218 Applications by disqualified persons who are not 17
relevant disqualified persons 18
`(1) This section applies in relation to a person who is a 19
disqualified person but who is not a relevant disqualified 20
person. 21
`(2) If-- 22
(a) an application for a prescribed notice about the person 23
was made before the commencement; and 24
(b) the application had not been decided before the 25
commencement; and 26
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Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
Part 2 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 45]
(c) at the time of the application, the person did not hold a 1
positive notice, including a positive notice that is 2
suspended under section 119C; 3
the application is taken to have been withdrawn. 4
`(3) If-- 5
(a) an application for a prescribed notice about the person 6
was made before the commencement; and 7
(b) the application had not been decided before the 8
commencement; and 9
(c) at the time of the application, the person held a positive 10
notice that was not suspended under section 119C; 11
the person is taken to have been issued with an eligibility 12
declaration and the commissioner must decide the application 13
under this Act. 14
`(4) For deciding the application mentioned in subsection (3), 15
section 102(3)(e) does not apply. 16
`(5) If, before the commencement-- 17
(a) the person made an application for cancellation of a 18
negative notice or for cancellation of a suspension of a 19
positive notice; and 20
(b) the application had not been decided; 21
the commissioner must decide the application under this Act. 22
`219 Applications by relevant disqualified persons 23
`(1) This section applies in relation to a person who is a relevant 24
disqualified person. 25
`(2) If-- 26
(a) an application for a prescribed notice about the person 27
was made before the commencement; and 28
(b) the application had not been decided before the 29
commencement; and 30
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Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
Part 2 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 45]
(c) at the time of the application, the person did not hold a 1
positive notice, including a positive notice that is 2
suspended under section 119C; 3
the application is taken to have been withdrawn. 4
`(3) If-- 5
(a) an application for a prescribed notice about the person 6
was made before the commencement; and 7
(b) the application had not been decided before the 8
commencement; and 9
(c) at the time of the application, the person held a positive 10
notice including a positive notice that is suspended 11
under section 119C; 12
the application is taken to have been withdrawn and the 13
positive notice is taken to have been cancelled. 14
`(4) If the person, before the commencement, made an application 15
for-- 16
(a) cancellation of a negative notice--the application is 17
taken to have been refused; or 18
(b) cancellation of a suspension of a positive notice--the 19
application is taken to have been withdrawn and the 20
positive notice is taken to have been cancelled. 21
`220 Applications by persons who are not disqualified 22
persons 23
`(1) This section applies in relation to a person-- 24
(a) who is not a disqualified person; and 25
(b) for whom an application for a prescribed notice, for 26
cancellation of a negative notice or for cancellation of a 27
suspension of a positive notice, was made before the 28
commencement. 29
Editor's note-- 30
An application may have been made under section 100, 101, 118, 119 or 31
119D. 32
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Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
Part 2 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 45]
`(2) This Act applies to the application and, if the application 1
complied with this Act before the commencement, the 2
application is not invalid only because it does not comply with 3
this Act on the commencement. 4
`221 Existing applications for review or appeal 5
`(1) This section applies to a person who, before the 6
commencement, made-- 7
(a) an application for a review under section 121; or 8
(b) in relation to a decision of the Children Services 9
Tribunal--an appeal to a court. 10
`(2) If the application or appeal has not been decided before the 11
commencement, the tribunal or court must-- 12
(a) if the person is a disqualified person--on its own 13
initiative or on application by the commissioner, dismiss 14
the application or appeal; or 15
(b) otherwise--apply this Act in relation to the matter of the 16
application or appeal. 17
`222 Positive notices held by disqualified persons who are 18
not relevant disqualified persons 19
`(1) This section applies in relation to a person who is a 20
disqualified person but who is not-- 21
(a) a relevant disqualified person; or 22
(b) a person in relation to whom the commissioner started, 23
before the commencement, to exercise a power under 24
section 119; or 25
(c) a person who is taken to have been issued with an 26
eligibility declaration under section 218(3). 27
`(2) If, on the commencement, the person is the holder of a 28
positive notice-- 29
Page 45
Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
Part 2 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 45]
(a) that is not suspended under section 119C, the person is 1
taken to have been issued with an eligibility declaration; 2
or 3
(b) that is suspended under section 119C, this Act applies to 4
the positive notice. 5
Note-- 6
See section 119D(2). 7
`(3) If-- 8
(a) after the commencement, the commissioner is to make a 9
decision about an application under section 100 or 101 10
for a prescribed notice about a person mentioned in 11
subsection (2)(a); and 12
(b) it is the first time after the commencement that the 13
commissioner is to make a decision under section 102 14
about the person; 15
section 102(3)(e) does not apply to the commissioner for 16
deciding the application. 17
`223 Positive notices held by relevant disqualified persons 18
`(1) This section applies if, on the commencement, a person-- 19
(a) is a relevant disqualified person; and 20
(b) is the holder of a positive notice, whether or not the 21
positive notice is suspended under section 119C; and 22
(c) is not a person mentioned in section 219(3). 23
`(2) The positive notice is cancelled. 24
`224 Continuation if commissioner acting on own initiative 25
`If, before the commencement, the commissioner had started 26
on the commissioner's own initiative to exercise a power in 27
relation to a person or a prescribed notice and the 28
commissioner may, on the commencement, exercise the 29
power under this Act, the commissioner may continue to 30
Page 46
Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
Part 2 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 45]
exercise the power under this Act in relation to the person or 1
prescribed notice. 2
`225 Notice by commissioner of withdrawal of application 3
under this division 4
`(1) This section applies if an application for a prescribed notice 5
about a person, for cancellation of a person's negative notice 6
or for cancellation of a suspension of a person's positive 7
notice is taken to have been withdrawn under section 218 or 8
219. 9
`(2) The commissioner must give written notice to the person 10
about the withdrawal of the application and must otherwise 11
give notice as mentioned in section 123A(2). 12
`(3) A notice under subsection (2) is taken to be a notice about a 13
withdrawal as mentioned in section 123(3B). 14
`226 Notice by commissioner of cancellation of positive 15
notice under this division 16
`(1) This section applies if a person's positive notice is taken to 17
have been cancelled under section 219 or 223. 18
`(2) The commissioner must give written notice to the person 19
about the cancellation and must otherwise give notice as 20
mentioned in section 123A(2) as if a negative notice had been 21
issued to the person. 22
`(3) A written notice mentioned in subsection (2) is taken, for 23
sections 107 and 108, to be a notice that a negative notice has 24
been issued. 25
Note-- 26
A person whose positive notice is cancelled must comply with section 27
117. 28
`227 Application of ss 120B, 120C, 120D and 126C 29
`For section 120B, 120C(1)(a), 120D and 126C, it is 30
immaterial as to when the offence mentioned in the provision 31
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Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
Part 2 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 45]
was committed or when the person to whom the provision 1
applies was convicted. 2
Example-- 3
An offence may have been committed, and the person convicted of the 4
offence, before the commencement. 5
`228 Application of s 120E 6
`(1) This section applies in relation to a person who-- 7
(a) is a disqualified person; and 8
(b) at the commencement, is employed in regulated 9
employment; and 10
(c) is not a person in relation to whom section 218 or 219 11
applies. 12
`(2) To remove any doubt, it is declared that, on the 13
commencement, section 120E(1)(c) applies to the person even 14
if it is not an offence for a person to employ the disqualified 15
person in regulated employment. 16
`229 No retrospective criminal liability 17
`(1) A provision of this Act as amended by the amending part is 18
not effective to impose criminal liability on a person 19
retrospectively. 20
`(2) In this section-- 21
amending part means the Commission for Children and 22
Young People and Child Guardian and Another Act 23
Amendment Act 2008, part 2. 24
`230 Transitional regulation-making power 25
`(1) A regulation (a transitional regulation) may make provision 26
about a matter for which-- 27
(a) it is necessary to make provision to allow or facilitate 28
the doing of anything to achieve the transition from the 29
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Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
Part 2 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 46]
operation of this Act as in force immediately before the 1
commencement to the operation of this Act after the 2
commencement; and 3
(b) this Act does not make provision or sufficient provision. 4
`(2) A transitional regulation may have retrospective operation to a 5
day not earlier than the day this section commences. 6
`(3) A transitional regulation must declare it is a transitional 7
regulation. 8
`(4) This section and any transitional regulation expires 12 months 9
after the day this section commences.'. 10
Clause 46 Amendment of sch 2 (Current serious offences) 11
Schedule 2, item 4, entry for Criminal Code, section 419, 12
column 3, `section 419(3)(b)(i) and (ii)'-- 13
omit, insert-- 14
`section 419(3)(b)(i) or (ii)'. 15
Clause 47 Replacement of schs 2B and 2C 16
Schedules 2B and 2C-- 17
omit, insert-- 18
Page 49
Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
Part 2 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 47]
`Schedule 2B Current disqualifying offences 1
section 120B(1) 2
1 Classification of Computer Games and Images Act 1995
Provision Relevant Qualification relating to the provision of
of Act heading the Act
23 Demonstration of
an objectionable
computer game
before a minor
26(3) Possession of
objectionable
computer game
27(3) and Making
(4) objectionable
computer game
28 Obtaining minor
for objectionable
computer game
2 Classification of Films Act 1991
Provision Relevant heading Qualification relating to the provision of
of Act the Act
41(3) Possession of
objectionable film
42(3) and Making
(4) objectionable film
43 Procurement of
minor for
objectionable film
Page 50
Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
Part 2 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 47]
3 Classification of Publications Act 1991
Provision Relevant Qualification relating to the provision of
of Act heading the Act
12 Sale etc. of only if an offender was or could have
prohibited been liable as mentioned in section 12,
publication or child penalty, paragraph (c)
abuse photograph
13 Possession of only if an offender was or could have
prohibited been liable as mentioned in section 13,
publication penalty, paragraph (c)
14 Possession of child
abuse publication
or child abuse
photograph
15 Exhibition or
display of
prohibited
publication or child
abuse photograph
16 Leaving prohibited only if an offender was or could have
publication or child been liable as mentioned in section 16,
abuse photograph penalty, paragraph (c)
in or on public
place
17 Producing only if an offender was or could have
prohibited been liable as mentioned in section 17(1),
publication penalty, paragraph (c), or 17(2), penalty,
paragraph (c) or the offence is an offence
under section 17(3) or (4)
Page 51
Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
Part 2 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 47]
18 Procurement of
minor for RC
publication or child
abuse photograph
20 Leaving prohibited only if an offender was or could have
publication or child been liable as mentioned in section 20,
abuse photograph penalty, paragraph (c)
in or on private
premises
4 Criminal Code
Provision Relevant heading Qualification relating to the provision of
of Act the Act
208 Unlawful sodomy if the offence was committed against a
child
209 Attempted sodomy if the offence was committed against a
child
210 Indecent treatment
of children under
16
213 Owner etc.
permitting abuse of
children on
premises
215 Carnal knowledge
with or of children
under 16
216 Abuse of if the offence was committed against a
intellectually child
impaired persons
Page 52
Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
Part 2 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 47]
217 Procuring young if the offence was committed against a
person etc. for child
carnal knowledge
218 Procuring sexual if the offence was committed against a
acts by coercion child
etc.
218A Using internet etc
to procure children
under 16
219 Taking child for
immoral purposes
221 Conspiracy to if the offence was committed against a
defile child
222 Incest if the offence was committed against a
child
228 Obscene only if an offender was or could have
publications and been liable as mentioned in section
exhibitions 228(2) or (3)
228A Involving child in
making child
exploitation
material
228B Making child
exploitation
material
228C Distributing child
exploitation
material
228D Possessing child
exploitation
material
Page 53
Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
Part 2 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 47]
229B Maintaining a
sexual relationship
with a child
229G Procuring only if an offender was or could have
prostitution been liable as mentioned in section
229G(2)
229H Knowingly only if an offender was or could have
participating in been liable as mentioned in section
provision of 229H(2)
prostitution
229I Persons found in only if an offender was or could have
places reasonably been liable as mentioned in section
suspected of being 229I(2)
used for
prostitution etc.
229L Permitting young
person etc. to be at
place used for
prostitution
300 Unlawful homicide only if the unlawful killing is murder
under section 302
349 Rape if the offence was committed against a
child
350 Attempt to commit if the offence was committed against a
rape child
351 Assault with intent if the offence was committed against a
to commit rate child
352 Sexual assaults if the offence was committed against a
child
Page 54
Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
Part 2 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 47]
5 Crimes Act 1914 (Cwlth)
Provision Relevant Qualification relating to the provision of
of Act heading the Act
50BA Sexual intercourse
with child under 16
50BB Inducing child
under 16 to engage
in sexual
intercourse
50BC Sexual conduct
involving child
under 16
50BD Inducing child
under 16 to be
involved in sexual
conduct
50DA Benefiting from
offence against this
Part
50DB Encouraging
offence against this
Part
6 Criminal Code (Cwlth)
Provision Relevant heading Qualification relating to the provision of
of Act the Act
270.6 Sexual servitude only if an offender was or could have
offences been liable as mentioned in section 270.8
270.7 Deceptive only if an offender was or could have
recruiting for been liable as mentioned in section 270.8
sexual services
Page 55
Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
Part 2 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 47]
474.19 Using a carriage
service for child
pornography
material
474.20 Possessing,
controlling,
producing,
supplying or
obtaining child
pornography
material for use
through a carriage
service
474.22 Using a carriage
service for child
abuse material
474.23 Possessing,
controlling,
producing,
supplying or
obtaining child
abuse material for
use through a
carriage service
474.26 Using a carriage
service to procure
persons under 16
years of age
474.27 Using a carriage
service to "groom"
persons under 16
years of age
Page 56
Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
Part 2 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 47]
7 Customs Act 1901 (Cwlth)
Provision Relevant heading Qualification relating to the provision of
of Act the Act
233BAB Special offences if the offence involved child pornography
relating to tier 2 or child abuse material
goods
`Schedule 2C Repealed or expired 1
disqualifying offences 2
section 120B(1) 3
Criminal Code
Provision Relevant Qualification relating to the provision of
of Act heading the Act
212 Defilement of Girls as the provision was in force from time to
under Twelve time before its repeal by the Criminal
Code, Evidence Act and Other Acts
Amendment Act 1989
214 Attempt to Abuse as the provision was in force from time to
Girls under Ten time before its repeal by the Criminal
Code, Evidence Act and Other Acts
Amendment Act 1989
220 Unlawful as the provision was in force from time to
Detention with time before its repeal by the Criminal
Intent to Defile or Code, Evidence Act and Other Acts
in a Brothel Amendment Act 1989 only if, at the time
of the offence, the person in relation to
whom the offence was committed was a
child
Page 57
Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
Part 2 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 48]
223 Incest by adult as the provision was in force from time to
female time before its repeal by the Criminal
Law Amendment Act 1997 only if, at the
time of the offence, the person in relation
to whom the offence was committed was
a child
344 Aggravated as the provision was in force from 20
assaults December 1946 to 30 June 1997 if--
(a) the circumstance of aggravation was
that the unlawful assault was an
offence of a sexual nature as defined
in the Criminal Law Amendment Act
1945, section 2A; and
(b) at the time of the offence, the person
in relation to whom the offence was
committed was a child'.
Clause 48 Amendment of sch 4 (Dictionary) 1
(1) Schedule 4, definitions disqualification order, excluding 2
offence, imprisonment order and serious child-related sexual 3
offence-- 4
omit. 5
(2) Schedule 4-- 6
insert-- 7
`CPOPOA disqualification order means a disqualification 8
order made under the Child Protection (Offender Prohibition 9
Order) Act 2008, section 24A. 10
disqualification order means-- 11
(a) an order under section 126C; or 12
(b) a CPOPOA disqualification order. 13
Page 58
Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
Part 2 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 48]
disqualified person see section 120C. 1
disqualifying offence see section 120B. 2
eligibility application see section 120F(2). 3
eligibility declaration see section 120F(1). 4
final offender prohibition order means a final order under the 5
Offender Prohibition Order Act. 6
imprisonment order-- 7
(a) means either of the following orders-- 8
(i) an order of a court that convicts a person for an 9
offence, if the order includes a penalty that 10
includes imprisonment for the offence, whether 11
wholly or partially suspended; 12
(ii) an intensive correction order under the Penalties 13
and Sentences Act 1992 or an order of another 14
jurisdiction that substantially corresponds to an 15
intensive correction order; but 16
(b) does not include an order of imprisonment that is 17
imposed as a consequence of a breach of a community 18
service order or probation order within the meaning of 19
the Penalties and Sentences Act 1992. 20
offender prohibition order means an offender prohibition 21
order under the Offender Prohibition Order Act. 22
Offender Prohibition Order Act means the Child Protection 23
(Offender Prohibition Order) Act 2008. 24
Offender Reporting Act means the Child Protection 25
(Offender Reporting) Act 2004. 26
prescribed person means a justice, commissioner for 27
declarations, lawyer or police officer. 28
relevant disqualified person see section 120D. 29
temporary offender prohibition order means a temporary 30
order under the Offender Prohibition Order Act.'. 31
Page 59
Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
Part 3 Amendment of Police Powers and Responsibilities Act 2000
[s 49]
(3) Schedule 4, definition commencement-- 1
insert-- 2
`(c) for part 9, division 11--see section 217.'. 3
(4) Schedule 4, definition police information-- 4
insert-- 5
`(c) information as to whether the person is or has been-- 6
(i) a relevant disqualified person; or 7
(ii) the subject of an application for a disqualification 8
order; or 9
(iii) named as the respondent to an application for an 10
offender prohibition order.'. 11
Part 3 Amendment of Police Powers 12
and Responsibilities Act 2000 13
Clause 49 Act amended in pt 3 14
This part amends the Police Powers and Responsibilities Act 15
2000. 16
Clause 50 Insertion of new ch 23, pt 1A 17
Chapter 23, before part 1-- 18
insert-- 19
Page 60
Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
Part 3 Amendment of Police Powers and Responsibilities Act 2000
[s 50]
`Part 1A Provision for Commission for 1
Children and Young People and 2
Child Guardian Act 2000 3
`789A Power to demand production of CCYPCG document 4
`(1) This section applies if a police officer knows or reasonably 5
suspects-- 6
(a) a person is the holder of a CCYPCG document; and 7
(b) any of the following apply to the person-- 8
(i) the person has been charged with a disqualifying 9
offence; 10
(ii) the person is a relevant disqualified person. 11
`(2) The police officer may require the person to immediately give 12
the CCYPCG document to the police officer. 13
`(3) The person must comply with the requirement under 14
subsection (2), unless the person has a reasonable excuse. 15
Maximum penalty--100 penalty units. 16
`(4) A police officer who is given a person's CCYPCG document 17
under subsection (2) must give the person a receipt for the 18
document. 19
`(5) A police officer must give the CCYPCG document to the 20
children's commissioner. 21
`(6) A police officer may retain the CCYPCG document until it is 22
given to the children's commissioner under subsection (5). 23
`(7) For exercising a power under subsection (2), the police officer 24
is taken to be investigating a matter as mentioned in section 25
19. 26
`(8) In this section-- 27
CCYPCG Act means the Commission for Children and Young 28
People and Child Guardian Act 2000. 29
CCYPCG document means-- 30
Page 61
Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
Part 4 Consequential amendments of other Acts
[s 51]
(a) a positive notice within the meaning of the CCYPCG 1
Act; or 2
(b) a positive notice blue card within the meaning of the 3
CCYPCG Act. 4
children's commissioner means the Commissioner for 5
Children and Young People and Child Guardian. 6
disqualifying offence see the CCYPCG Act, schedule 4. 7
relevant disqualified person means a relevant disqualified 8
person within the meaning of the CCYPCG Act. 9
Part 4 Consequential amendments of 10
other Acts 11
Clause 51 Acts amended in schedule 12
The schedule amends the Acts it mentions. 13
Page 62
Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
Schedule
Schedule Consequential amendments of 1
other Acts 2
section 51 3
Child Protection Act 1999 4
1 Sections 141H(1)(b) and (e)(i) and 141I(1)(b), `an 5
excluding'-- 6
omit, insert-- 7
`a disqualifying'. 8
2 Schedule 3, definition excluding offence-- 9
omit, insert-- 10
`disqualifying offence means a disqualifying offence under the 11
Commissioner's Act.'. 12
Transport Operations (Road Use Management) Act 13
1995 14
1 Section 122, definition disqualifying offence, paragraph 15
(a), `serious child-related sexual'-- 16
omit, insert-- 17
`disqualifying'. 18
© State of Queensland 2008
Page 63
AMENDMENTS TO BILL
Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
Commission for Children and Young
People and Child Guardian and Another
Act Amendment Bill 2008
Amendments agreed to during Consideration
1 Clause 4 (Amendment of s 99C (What is a serious
offence))
At page 7, line 3, `a foreign'--
omit, insert--
`another'.
2 Clause 29 (Insertion of new pt 6, div 4A)
At page 23, line 16, `a foreign'--
omit, insert--
`another'.
3 Clause 29 (Insertion of new pt 6, div 4A)
At page 26, line 19, `to is'--
omit, insert--
`is to'.
4 Clause 34 (Amendment of s 122 (Commissioner may
obtain information from police commissioner))
At page 34, line 24 `made.'.'--
omit, insert--
`made;
(d) if the application was for an offender prohibition order
and the magistrate or court hearing the application
decided not to make a CPOPOA disqualification order
Page 1
Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
for the person--the reasons why the CPOPOA
disqualification order was not made.'.'.
5 Clause 45 (Insertion of new pt 9, div 11)
At page 44, lines 15 to 21--
omit, insert--
``(4) If, before the commencement--
(a) the person made an application for cancellation of a
negative notice; and
(b) the application had not been decided;
the application is taken to have been refused.
`(5) If, before the commencement--
(a) the person made an application for cancellation of a
suspension of a positive notice; and
(b) the application had not been decided;
the application is taken to have been withdrawn and the
positive notice is taken to have been cancelled.'.
6 Clause 45 (Insertion of new pt 9, div 11)
At page 47, line 29, `, 120D and 126C'--
omit, insert--
`and 120D'.
7 Clause 45 (Insertion of new pt 9, div 11)
At page 47, line 30, `, 120D and 126C'--
omit, insert--
`and 120D'.
8 Clause 45 (Insertion of new pt 9, div 11)
At page 48, line 11, `or 219'--
Page 2
Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
omit, insert--
`, 219 or 222'.
9 Clause 46 (Amendment of sch 2 (Current serious
offences))
At page 49, line 12, `Schedule'--
omit, insert--
`(1) Schedule'.
10 Clause 46 (Amendment of sch 2 (Current serious
offences))
At page 49, after line 15--
insert--
`(2) Schedule 2--
insert--
`6 Crimes Act 1914 (Cwlth)
Provision Relevant Qualification relating to the provision of
of Act heading the Act
50BA Sexual intercourse
with child under 16
50BB Inducing child
under 16 to engage
in sexual
intercourse
50BC Sexual conduct
involving child
under 16
50BD Inducing child
under 16 to be
involved in sexual
conduct
Page 3
Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
50DA Benefiting from
offence against this
Part
50DB Encouraging
offence against this
Part
7 Criminal Code (Cwlth)
Provision Relevant heading Qualification relating to the provision of
of Act the Act
270.6 Sexual servitude only if an offender was or could have
offences been liable as mentioned in section 270.8
270.7 Deceptive only if an offender was or could have
recruiting for been liable as mentioned in section 270.8
sexual services
474.19 Using a carriage
service for child
pornography
material
474.20 Possessing,
controlling,
producing,
supplying or
obtaining child
pornography
material for use
through a carriage
service
474.22 Using a carriage
service for child
abuse material
Page 4
Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
474.23 Possessing,
controlling,
producing,
supplying or
obtaining child
abuse material for
use through a
carriage service
474.26 Using a carriage
service to procure
persons under 16
years of age
474.27 Using a carriage
service to "groom"
persons under 16
years of age'.'.
11 Clause 47 (Replacement of schs 2B and 2C)
At page 54, entry for the Criminal Code, section 300, column
3, after `302'--
insert--
`and was committed against a child'.
12 Clause 47 (Replacement of schs 2B and 2C)
At page 54, entry for the Criminal Code, section 351, column
2, `rate'--
omit, insert--
`rape'.
13 Schedule (Consequential amendments of other Acts)
At page 63, after line 8--
insert--
Page 5
Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
`1A Sections 141H(1)(c) and 141I(1)(c), `apply for a further
prescribed notice'--
omit, insert--
`notify the children's commissioner of a change in police
information within the meaning of that Act'.'.
14 Schedule (Consequential amendments of other Acts)
At page 63, after line 12--
insert--
`Education (Queensland College of Teachers) Act 2005
`1 Section 48, heading, `excluding'--
omit, insert--
`disqualifying'.
`2 Section 48(1), `an excluding'--
omit, insert--
`a disqualifying'.
`3 Section 56, heading, `excluding'--
omit, insert--
`disqualifying'.
`4 Section 56(1)(a), `an excluding'--
omit, insert--
`a disqualifying'.
Page 6
Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
`5 Section 56(4)(c)(ii), `the excluding'--
omit, insert--
`the disqualifying'.
`6 Sections 57(1)(b)(i), 58(1)(a) and 92(1)(a)(i), `an
excluding'--
omit, insert--
`a disqualifying'.
`7 Section 92(2)(a), `the excluding'--
omit, insert--
`the disqualifying'.
`8 Section 92(5), definition dealt with, `an excluding'--
omit, insert--
`a disqualifying'.
`9 Insertion of new ch 12, pt 9
After section 329--
insert--
`Part 9 Transitional provisions for
Commission for Children and
Young People and Child
Guardian and Another Act
Amendment Act 2008
`330 Existing section 48 suspensions
`(1) On the commencement, an existing section 48 suspension--
(a) continues in force according to its terms; and
Page 7
Commission for Children and Young People and Child Guardian and Another
Act Amendment Bill 2008
(b) is taken to have been made in relation to a charge for a
disqualifying offence.
`(2) In this section--
commencement means the commencement of this section.
existing section 48 suspension means a suspension of a
teacher's registration or permission to teach--
(a) made under section 48 as in force immediately before
the commencement; and
(b) for which the period of suspension had not ended before
the commencement.
`10 Schedule 3, definition excluding offence--
omit, insert--
`disqualifying offence see the Commission for Children and
Young People and Child Guardian Act 2000, section 120B.'.'.
© State of Queensland 2008
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