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Queensland
Commission for Children and
Young People and Child
Guardian Amendment
Bill 2004
Queensland
Commission for Children and Young
People and Child Guardian Amendment
Bill 2004
Contents
Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Amendment of s 15 (Commissioner's functions) . . . . . . . . . . . . . 8
5 Replacement of pt 6 hdg (Employment screening for
child-related employment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
6 Replacement of s 95 (Purpose of pt 6). . . . . . . . . . . . . . . . . . . . . 9
95 Main purpose of pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . 9
7 Amendment of s 97 (Employment and businesses regulated by
this part) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
8 Insertion of new ss 98A and 98B and pt 6, div 1A hdg. . . . . . . . . 9
98A This part does not apply to person engaged in
employment for the police service . . . . . . . . . . . . . . . 9
98B Declaration relating to exemption to category of
regulated employment or regulated business. . . . . . . 10
9 Amendment of s 99 (What is employment) . . . . . . . . . . . . . . . . . 11
10 Insertion of new ss 99A to 99F. . . . . . . . . . . . . . . . . . . . . . . . . . . 11
99A What is employment when education provider
arranges trainee student to carry out work for
someone else . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
99B What is employment in child care. . . . . . . . . . . . . . . . 12
99C What is a serious offence . . . . . . . . . . . . . . . . . . . . . . 12
99D What is a serious child-related sexual offence . . . . . . 13
99E What is an excluding offence . . . . . . . . . . . . . . . . . . . 14
99F Who is a volunteer . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
11 Insertion of new pt 6, div 1B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
2
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
Division 1B Risk management strategies
99G Risk management strategies about regulated
businesses and persons employed in regulated
employment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
12 Replacement of pt 6, div 2 hdg (Issue of suitability notices) . . . . 16
13 Amendment of s 100 (Application for notice--regulated
employment) ...................................... 16
14 Amendment of s 101 (Application for notice--regulated
business) ..................................... 18
15 Replacement of s 102 (Decision on application) . . . . . . . . . . . . . 19
101A Notice of change of employment, or name and
contact details in application under ss 100 or 101 . . . 19
102 Decision on application . . . . . . . . . . . . . . . . . . . . . . . 19
102A Decision-making under s 102 in relation to
discretionary matters . . . . . . . . . . . . . . . . . . . . . . . . . 21
102B Actions of commissioner after making decision on
application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
16 Amendment of s 103 (Commissioner to invite submissions
from person about particular information) . . . . . . . . . . . . . . . . . . 24
17 Amendment of s 104 (Currency of notice) . . . . . . . . . . . . . . . . . . 25
18 Replacement of pt 6, div 3 hdg (Obligations and offences
relating to suitability notices) and subdiv 1 hdg (Regulated
employment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Division 3 Obligations and offences relating to prescribed
notices
Subdivision 1 Regulated employment as volunteers
104A Application of subdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . 26
104B Starting employment . . . . . . . . . . . . . . . . . . . . . . . . . 26
Subdivision 1A Regulated employment other than as
volunteers
104C Application of subdiv 1A . . . . . . . . . . . . . . . . . . . . . . . 26
19 Amendment of s 105 (Continuing employment of certain
regular employees). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
20 Amendment of s 106 (Starting employment of certain regular
employees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
21 Insertion of new s 106A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
106A Starting employment of new employees. . . . . . . . . . . 28
22 Amendment of s 107 (Prohibited employment) . . . . . . . . . . . . . . 28
23 Replacement of s 108 (Unsuitable person not to apply for, or
start or continue in, child-related employment) . . . . . . . . . . . . . . 29
3
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
Subdivision 1B Obligations if holder of negative notice or
application for prescribed notice is withdrawn
108 Person holding negative notice, or who has
withdrawn consent to employment screening, not to
apply for, or start or continue in, regulated
employment ........................... 29
24 Amendment of s 109 (Carrying on regulated business) . . . . . . . . 30
25 Amendment of s 111 (Effect of conviction for serious offence) . . 30
26 Amendment of s 112 (Change in criminal history of employee) . . 31
27 Amendment of s 113 (Change in criminal history of person
carrying on regulated business) . . . . . . . . . . . . . . . . . . . . . . . . . . 31
28 Amendment of s 114 (Change in criminal history of other
persons) ....................................... 31
29 Amendment of s 117 (Return of notice to commissioner) . . . . . . 31
30 Replacement of pt 6, div 4 hdg (Cancellation and replacement
of suitability notices) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
31 Amendment s 118 (Cancellation of suitability notice on
application) ..................................... 32
32 Replacement of ss 119 and 120. . . . . . . . . . . . . . . . . . . . . . . . . . 32
119 Commissioner may cancel a prescribed notice and
substitute another prescribed notice . . . . . . . . . . . . . 33
119A Cancellation if conviction for excluding offence and
imprisonment or disqualification order . . . . . . . . . . . . 34
119B Cancellation if conviction for excluding offence but no
imprisonment or disqualification order . . . . . . . . . . . . 36
119C Effect of charge for excluding offence pending
charge being dealt with . . . . . . . . . . . . . . . . . . . . . . . 37
119D Cancellation of suspension and issue of further
prescribed notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
120 Replacement of positive notice or positive notice
blue card ................................ 40
120A Change of details for prescribed notice or positive
notice blue card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
33 Amendment of s 121 (Person may apply for review of decision) . 42
34 Insertion of new s 121A to 121E . . . . . . . . . . . . . . . . . . . . . . . . . 42
121A Police commissioner may decide that information
about a person is investigative information . . . . . . . . 43
121B Police commissioner not to delegate power under
s 121A ................................ 44
121C Decision by police commissioner that information is
investigative information . . . . . . . . . . . . . . . . . . . . . . . 44
121D Court to decide matters afresh . . . . . . . . . . . . . . . . . . 45
4
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
121E Consequence of decision on appeal . . . . . . . . . . . . . 45
35 Amendment of s 122 (Commissioner may obtain information
from police commissioner) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
36 Amendment of s 122A (Notice of change in criminal history) . . . 48
37 Insertion of new s 122B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
122B Commissioner to give notice to employer about
making employment-screening decision about
employee .............................. 49
38 Amendment of s 123 (Withdrawal of employee's consent to
employment screening) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
39 Amendment of s 124 (Compliance with requirement to end, or
not start, a person's regulated employment) . . . . . . . . . . . . . . . . 51
40 Amendment of s 126 (Use of criminal history information) . . . . . 51
41 Replacement of s 126A (What is employment in child care) . . . . 52
126A Commissioner must give police commissioner a
person's current address . . . . . . . . . . . . . . . . . . . . . . 52
126B Commissioner may give information to accreditation
board about director of school's governing body . . . . 52
126C Disqualification order . . . . . . . . . . . . . . . . . . . . . . . . . 53
42 Amendment of s 127 (Initial application of this part) . . . . . . . . . . 54
43 Amendment of s 128 (Application for suitability notice for
current employee). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
44 Insertion of new s 144A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
144A Positive notice blue card is evidence of holding
positive notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
45 Amendment of s 146 (Indictable and summary offences) . . . . . . 55
46 Insertion of new s 151A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
151A Executive officers must ensure corporation
complies with Act . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
47 Replacement of s 164 (Review of pt 6) . . . . . . . . . . . . . . . . . . . . 56
164 Commissioner may enter into arrangement about
giving and receiving information with police
commissioner ............................ 56
48 Amendment of s 167 (Regulation-making power) . . . . . . . . . . . . 57
49 Insertion of new pt 9, div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Division 7 Transitional provisions for the Commission for
Children and Young People and Child
Guardian Amendment Act 2004
188 Volunteers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
189 Application of amendment of sch 1 to particular
employment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
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Commission for Children and Young People and Child
Guardian Amendment Bill 2004
190 Employment that becomes regulated employment
other than employment mentioned in s 189(1) . . . . . . 59
191 Carrying on regulated business . . . . . . . . . . . . . . . . . 59
192 Provision because of the definition serious offence . . 60
193 Issue of positive notice blue card before
commencement ......................... 60
194 Charge for excluding offence not to apply to
particular holders of positive notices . . . . . . . . . . . . . 61
195 References to suitability notice. . . . . . . . . . . . . . . . . . 61
50 Amendment of sch 1 (Regulated employment and businesses
for employment screening) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
51 Replacement of sch 2 (Other serious offence provisions of the
Criminal Code) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
Schedule 2 Current serious offences
Schedule 2A Repealed or expired serious offences
Schedule 2B Current serious child-related sexual offences
Schedule 2C Repealed or expired serious child-related
sexual offences
52 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 78
53 Amendment of other Acts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
Schedule Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
Child Care Act 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
Child Protection Act 1999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
Education (Accreditation of Non-State Schools) Act 2001 . . . . . . 88
Education (Teacher Registration) Act 1988 . . . . . . . . . . . . . . . . . 89
Health Practitioners (Professional Standards) Act 1999 . . . . . . . 89
Nursing Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
Transport Operations (Passenger Transport) Act 1994 . . . . . . . . 92
2004
A Bill
for
An Act to amend the Commission for Children and Young
People and Child Guardian Act 2000 and for other purposes
s1 8 s5
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
The Parliament of Queensland enacts-- 1
Clause 1 Short title 2
This Act may be cited as the Commission for Children and 3
Young People and Child Guardian Amendment Act 2004. 4
Clause 2 Commencement 5
This Act commences on a day to be fixed by proclamation. 6
Clause 3 Act amended 7
This Act amends the Commission for Children and Young 8
People and Child Guardian Act 2000. 9
Amendment of s 15 (Commissioner's functions)
Clause 4 10
Section 15(1)-- 11
insert-- 12
`(ra) to audit or monitor compliance with part 6;1'. 13
Clause 5 Replacement of pt 6 hdg (Employment screening for 14
child-related employment) 15
Part 6, heading-- 16
omit, insert-- 17
`Part 6 Screening for regulated 18
employment and regulated 19
businesses'. 20
1 Part 6 (Screening for regulated employment and regulated businesses)
s6 9 s8
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
Replacement of s 95 (Purpose of pt 6)
Clause 6 1
Section 95-- 2
omit, insert-- 3
`95 Main purpose of pt 6 4
`The main purpose of this part is to ensure that persons 5
employed in particular employment, or carrying on particular 6
businesses, as prescribed under this Act undergo screening 7
under this part.'. 8
Clause 7 Amendment of s 97 (Employment and businesses 9
regulated by this part) 10
Section 97(2), after `child'-- 11
insert-- 12
`, unless the child is a trainee student of an education provider 13
and the employment is part of the course undertaken by the 14
trainee student with the education provider'. 15
Clause 8 Insertion of new ss 98A and 98B and pt 6, div 1A hdg 16
After section 98-- 17
insert-- 18
`98A This part does not apply to person engaged in 19
employment for the police service 20
`This part does not apply to the employment of a person who, 21
within the meaning of the Police Service Administration Act 22
1990, section 5AA.3,2 is a person engaged by the service, to 23
the extent the person is performing a function mentioned in 24
the Police Service Administration Act 1990, section 2.3.3 25
2 Police Service Administration Act 1990, section 5AA.3 (Meaning of engaged by the
service)
3 Police Service Administration Act 1990, section 2.3 (Functions of service)
s8 10 s8
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
`98B Declaration relating to exemption to category of 1
regulated employment or regulated business 2
`(1) If employment of a person as mentioned in a section of 3
schedule 1, part 1 is regulated employment of the person 4
under that section, the employment remains regulated 5
employment and it does not matter that-- 6
(a) another section of schedule 1, part 1 expressly provides 7
that employment of the person is not regulated 8
employment; or 9
(b) another section of schedule 1, part 2 expressly provides 10
that a business carried on by the person is not a 11
regulated business. 12
`(2) If a person is carrying on a business as mentioned in a section 13
of schedule 1, part 2 and carrying on the business is carrying 14
on a regulated business under that section, carrying on the 15
business remains carrying on a regulated business and it does 16
not matter that-- 17
(a) another section of schedule 1, part 2 expressly provides 18
that a business carried on by the person is not a 19
regulated business; or 20
(b) another section of schedule 1, part 1 expressly provides 21
that employment of the person is not regulated 22
employment. 23
24
Examples for this section--
25
1 A psychologist is employed at a school as a student counsellor and
26
the psychologist is not a registered teacher or a volunteer who is a
27
parent of a child attending the school. The employment of the
28
psychologist at the school is regulated employment under
29
schedule 1, part 1, section 3 even though, under schedule 1, part 1,
30
section 5(2)(a), the employment of the psychologist is not regulated
31
employment.
32
2 If a person carries on a business that includes private tutoring of
33
children, the person is carrying on a regulated business under
34
schedule 1, part 1, section 5 even if employment of the person is not
35
regulated employment under schedule 1, part 1, section 3 because
36
the person is a registered teacher.
`Division 1A Interpretation'. 37
s9 11 s 10
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
Amendment of s 99 (What is employment)
Clause 9 1
(1) Section 99(2)-- 2
insert-- 3
`(e) whether the agreement provides for the other person to 4
carry out work on 1 occasion or on an ongoing basis, 5
whether regularly or irregularly.'. 6
(2) Section 99, before the examples-- 7
insert-- 8
`(3) Also, for this section, the nature of the work is immaterial. 9
`(4) This section is subject to section 99A.'. 10
(3) Section 99, example 3, from `duties,'-- 11
omit, insert-- 12
`duties.'. 13
(4) Section 99, example 4-- 14
omit, insert-- 15
16
`4 A tour operator arranges with the parents of a family to provide a
17
child accommodation service in their home to an international
18
student.'.
Clause 10 Insertion of new ss 99A to 99F 19
Part 6, division 1A, after section 99-- 20
insert-- 21
`99A What is employment when education provider 22
arranges trainee student to carry out work for 23
someone else 24
`(1) This section applies if-- 25
(a) the first person mentioned in section 99 is an education 26
provider; and 27
(b) the other person mentioned in section 99 is a trainee 28
student of the education provider; and 29
s 10 12 s 10
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
(c) the work to be carried out is part of the course that the 1
trainee student is undertaking with the education 2
provider; and 3
(d) the work is to be carried out for someone else. 4
`(2) The education provider may apply for a prescribed notice 5
about the trainee student for regulated employment as 6
mentioned in section 100(1B).4 7
`(3) If the education provider applies for a prescribed notice about 8
the trainee student as mentioned in subsection (2), the person 9
for whom the trainee student is to carry out work, or carries 10
out work, need not apply for the prescribed notice. 11
`(4) For section 99, the person for whom the trainee student is to 12
carry out work, or carries out work, is employing the trainee 13
student even though-- 14
(a) the education provider applied for a prescribed notice 15
about the trainee student; and 16
(b) no agreement for the trainee student to carry out work is 17
made expressly between the person and the trainee 18
student. 19
`99B What is employment in child care 20
`(1) This section applies to the employment of a person as a 21
carer in, or staff member of, a child care service. 22
`(2) A reference in this Act to employment of the person 23
includes a reference to engagement of the person within 24
the meaning of the Child Care Act 2002, section 58.5 25
`99C What is a serious offence 26
`(1) A serious offence is-- 27
(a) for each Act mentioned in schedule 2, an offence against 28
a provision mentioned in column 1 of that schedule for 29
4 Section 100 (Application for notice--regulated employment)
5 Child Care Act 2002, section 58 (Meaning of engage)
s 10 13 s 10
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
that Act, subject to any limitation relating to the 1
provision mentioned opposite in column 3; or 2
(b) an offence of counselling or procuring the commission 3
of, or attempting or conspiring to commit, an offence 4
mentioned in paragraph (a); or 5
(c) an offence against a provision mentioned in schedule 2A 6
that is an expired or repealed provision of the Criminal 7
Code, subject to any qualification relating to the 8
provision mentioned opposite in column 3; or 9
(d) an offence against a law at any time of another 10
jurisdiction that substantially corresponds to an offence 11
mentioned in paragraph (a), (b) or (c); or 12
(e) an offence that is a class 1 or 2 offence as defined under 13
the Child Protection (Offender Reporting) Act 2004 that 14
is not otherwise a serious offence under this subsection. 15
16
Note--
17
Column 2 in schedules 2 and 2A is included for information purposes
18
only and states a section heading for the provision mentioned opposite
19
in column 1.
`(2) For this section, it is immaterial if a provision mentioned in 20
schedule 2 or 2A, column 1, for an Act has been amended 21
from time to time or that the provision was previously 22
numbered with a different number. 23
`99D What is a serious child-related sexual offence 24
`(1) A serious child-related sexual offence is-- 25
(a) an offence against a provision of the Criminal Code 26
mentioned in schedule 2B, column 1; or 27
(b) an offence against a provision mentioned in 28
schedule 2C, column 1, that is an expired or repealed 29
provision of the Criminal Code, subject to any 30
qualification relating to the provision mentioned 31
opposite in column 3. 32
s 10 14 s 10
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
1
Note--
2
Column 2 in schedules 2B and 2C is included for information purposes
3
only and states a section heading for the provision mentioned opposite
4
in column 1.
`(2) However, an offence mentioned in subsection (1) is a serious 5
child-related sexual offence only if, at the time of the offence, 6
the person in relation to whom the offence was committed 7
was-- 8
(a) for a provision that mentions or mentioned a specific 9
age relevant to the offence--a child under that age; or 10
(b) otherwise--a child. 11
`(3) For this section, it is immaterial if a provision mentioned in 12
schedule 2B or 2C, column 1 has been amended from time to 13
time or that the provision was previously numbered with a 14
different number. 15
`99E What is an excluding offence 16
`An excluding offence is-- 17
(a) a serious child-related sexual offence; or 18
(b) an offence against a provision mentioned in schedule 2, 19
in relation to the entry for the Classification of 20
Computer Games and Images Act 1995, Classification 21
of Films Act 1991 or Classification of Publications Act 22
1991. 23
`99F Who is a volunteer 24
`(1) A volunteer is a person who is employed by another person 25
and does not carry out any work for the other person for a 26
financial reward. 27
`(2) In this section-- 28
financial reward does not include a payment that is a 29
reimbursement for out-of-pocket expenses.'. 30
s 11 15 s 11
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
Clause 11 Insertion of new pt 6, div 1B 1
Before part 6, division 2, heading-- 2
insert-- 3
`Division 1B Risk management strategies 4
`99G Risk management strategies about regulated 5
businesses and persons employed in regulated 6
employment 7
`(1) This section applies to each of the following-- 8
(a) a person who carries on a regulated business; 9
(b) a person (an employer) who employs someone else in 10
employment that is regulated employment. 11
`(2) For each year, a person to whom this section applies must 12
develop and implement a written strategy about the regulated 13
business and, if the person is an employer, for persons 14
employed in regulated employment (a risk management 15
strategy). 16
Maximum penalty--20 penalty units. 17
`(3) The purpose of a risk management strategy is to implement 18
employment practices and procedures to promote the 19
wellbeing of a child affected by the regulated business or 20
employment and to protect the child from harm. 21
`(4) Without limiting subsection (3), a regulation may prescribe 22
the matters that are to be included in a risk management 23
strategy. 24
`(5) In this section-- 25
persons employed in regulated employment includes each of 26
the following who are employed in regulated employment-- 27
(a) persons for whom the employer has applied for a 28
prescribed notice; 29
(b) persons who hold a positive notice; 30
(c) persons who need not hold a positive notice; 31
s 12 16 s 13
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
(d) persons about whom the employer is notified under 1
section 122B.6'. 2
Clause 12 Replacement of pt 6, div 2 hdg (Issue of suitability 3
notices) 4
Part 6, division 2, heading-- 5
omit, insert-- 6
`Division 2 Issue of prescribed notices for 7
regulated employment or regulated 8
businesses'. 9
Clause 13 Amendment of s 100 (Application for notice--regulated 10
employment) 11
(1) Section 100(1), from `a suitability notice'-- 12
omit, insert-- 13
`a prescribed notice about the employee in relation to 14
regulated employment.'. 15
(2) Section 100-- 16
insert-- 17
`(1A) However, the employer need not make an application under 18
subsection (1) about a person who is a trainee student of an 19
education provider if-- 20
(a) the employer proposes to start employing the trainee 21
student; and 22
(b) the education provider has applied, under 23
subsection (1B), for a prescribed notice about the 24
trainee student. 25
`(1B) If, as part of a course undertaken by a trainee student of an 26
education provider, the education provider proposes for the 27
trainee student to perform work that is regulated employment, 28
the education provider may apply to the commissioner for a 29
6 Section 122B (Commissioner to give notice to employer about making
employment-screening decision about employee)
s 13 17 s 13
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
prescribed notice about the trainee student in relation to 1
regulated employment.'. 2
(3) Section 100(2)(b), after `employer'-- 3
insert-- 4
`or education provider'. 5
(4) Section 100(2)(c), `employee'-- 6
omit, insert-- 7
`relevant person'. 8
(5) Section 100(3), (4) and (5)-- 9
omit, insert-- 10
`(3) The approved form must include provision for-- 11
(a) identifying information about the relevant person; and 12
(b) certification by the employer, education provider or a 13
prescribed person that the employer, education provider 14
or prescribed person has sighted documents, relating to 15
proof of the relevant person's identity, prescribed under 16
a regulation; and 17
(c) if the employer or education provider does not give the 18
certification mentioned in paragraph (b), certification by 19
the employer or education provider that the reason the 20
employer or education provider did not sight the 21
documents is only because-- 22
(i) the relevant person's usual place of residence is 23
more than 50 km from the employer's business 24
address or a place used by the education provider 25
for conducting courses; or 26
(ii) the relevant person is a person with a disability that 27
affects mobility; and 28
(d) the relevant person's consent to employment screening 29
under this part. 30
`(4) On receiving the application, the commissioner may ask the 31
employer, education provider or relevant person-- 32
s 14 18 s 14
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
(a) for further information that the commissioner 1
reasonably considers necessary to establish the relevant 2
person's identity; or 3
(b) about why the employer or education provider did not 4
sight the documents as mentioned in subsection (3)(c).7 5
`(5) If a relevant person is given a written request under 6
subsection (4), the relevant person is taken to have withdrawn 7
the application if-- 8
(a) the request includes a warning that, if the request is not 9
complied with within a stated time, the relevant person's 10
application will be taken to have been withdrawn; and 11
(b) the relevant person does not comply with the request 12
within the stated time; and 13
(c) the commissioner gives the relevant person a notice 14
stating that the relevant person is taken to have 15
withdrawn the application. 16
`(6) In this section-- 17
prescribed person means a justice, commissioner for 18
declarations, lawyer or police officer. 19
relevant person means-- 20
(a) an employee as mentioned in subsection (1); or 21
(b) a trainee student of an education provider as mentioned 22
in subsection (1B).'. 23
Clause 14 Amendment of s 101 (Application for notice--regulated 24
business) 25
Section 101(1), from `a suitability notice'-- 26
omit, insert-- 27
`a prescribed notice about the person in relation to the 28
regulated business.'. 29
7 See section 123 (Withdrawal of employee's consent to employment screening) in
relation to an employee failing to comply with a written request for further
identifying information.
s 15 19 s 15
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
Clause 15 Replacement of s 102 (Decision on application) 1
Section 102-- 2
omit, insert-- 3
`101A Notice of change of employment, or name and 4
contact details in application under ss 100 or 101 5
`(1) This section applies to a person if an application under 6
section 100 or 101 is made for a prescribed notice about the 7
person (the relevant person) and any of the following (each a 8
relevant change) happens before the commissioner has issued 9
a prescribed notice to the relevant person in relation to the 10
application-- 11
(a) the relevant person's name or contact details, as stated in 12
the application, change; 13
(b) the relevant person's employment, as stated in the 14
application, ends; 15
(c) the relevant person stops carrying on the business as 16
stated in the application. 17
`(2) The relevant person must give notice, in the approved form, to 18
the commissioner of the relevant change within 14 days after 19
the relevant change happens. 20
Maximum penalty--10 penalty units. 21
`(3) The approved form mentioned in subsection (2) must provide 22
for a relevant person to give notice withdrawing the person's 23
consent to employment screening under this part. 24
`102 Decision on application 25
`(1) This section applies if an application under section 100 or 101 26
is made for a prescribed notice about a person (the relevant 27
person). 28
`(2) The commissioner must decide the application by issuing 29
either of the following unless the application is withdrawn-- 30
(a) a notice declaring the application for the prescribed 31
notice is approved (a positive notice); 32
s 15 20 s 15
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
(b) a notice declaring the application for the prescribed 1
notice is refused (a negative notice). 2
`(3) Subject to subsection (4), the commissioner must issue a 3
positive notice to the relevant person if the commissioner-- 4
(a) is not aware of any police information or disciplinary 5
information about the relevant person; or 6
(b) is not aware of a conviction of the relevant person for 7
any offence but is aware that there is investigative 8
information or disciplinary information about the 9
relevant person; or 10
(c) is aware of a conviction of the relevant person for an 11
offence other than a serious offence. 12
`(4) The commissioner is required to issue a positive notice under 13
subsection (3)(b) or (c) unless the commissioner is satisfied it 14
is an exceptional case in which it would not be in the best 15
interests of children for the commissioner to issue a positive 16
notice. 17
`(5) If the commissioner is satisfied under subsection (4) that it is 18
an exceptional case, the commissioner must issue a negative 19
notice. 20
`(6) Subject to subsection (7), the commissioner must issue a 21
negative notice to the relevant person if the commissioner is 22
aware of-- 23
(a) a conviction of the relevant person for an excluding 24
offence for which the court that convicted the relevant 25
person imposed an imprisonment order for the offence 26
or made a disqualification order under section 126C; or 27
(b) a conviction of the relevant person for a serious offence, 28
other than an excluding offence in relation to which the 29
court that convicted the relevant person imposed an 30
imprisonment order for the offence, or made a 31
disqualification order under section 126C. 32
`(7) The commissioner is required to issue a negative notice under 33
subsection (6)(b) unless the commissioner is satisfied it is an 34
exceptional case in which it would not harm the best interests 35
of children for the commissioner to issue a positive notice. 36
s 15 21 s 15
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
`(8) If the commissioner is satisfied under subsection (7) that it is 1
an exceptional case, the commissioner must issue a positive 2
notice. 3
`102A Decision-making under s 102 in relation to 4
discretionary matters 5
`(1) This section applies if the commissioner is deciding whether 6
or not there is an exceptional case as mentioned in 7
section 102(4) or (7). 8
`(2) If the commissioner is aware that a person has been convicted 9
of, or charged with, an offence, the commissioner must have 10
regard to the following-- 11
(a) in relation to the commission, or alleged commission, of 12
an offence by the person-- 13
(i) whether it is a conviction or a charge; and 14
(ii) whether the offence is a serious offence and, if it is, 15
whether it is an excluding offence; and 16
(iii) when the offence was committed or is alleged to 17
have been committed; and 18
(iv) the nature of the offence and its relevance to 19
employment, or carrying on a business, that 20
involves or may involve children; and 21
(v) in the case of a conviction--the penalty imposed 22
by the court and if it decided not to impose an 23
imprisonment order for the offence, or decided not 24
to make a disqualification order under section 25
126C, the court's reasons for its decision; 26
(b) anything else relating to the commission, or alleged 27
commission, of the offence that the commissioner 28
reasonably considers to be relevant to the assessment of 29
the person. 30
`(3) If the commissioner is aware of investigative information 31
about a person, the commissioner must have regard to the 32
following-- 33
s 15 22 s 15
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
(a) when the acts or omissions constituting the alleged 1
offence to which the investigative information relates 2
were committed; 3
(b) anything else relating to the commission of the acts or 4
omissions that the commissioner reasonably considers 5
relevant to the assessment of the person. 6
`(4) If the commissioner is aware of disciplinary information 7
about a person, the commissioner must have regard to the 8
following-- 9
(a) the decision or order of the decision maker relating to 10
the disciplinary information and the reasons for the 11
decision or order; 12
(b) any decision or order of an entity to which a decision or 13
order mentioned in paragraph (a) is appealed and the 14
reasons for the decision or order; 15
(c) the relevance of the disciplinary information to 16
employment, or carrying on a business, that involves or 17
may involve children; 18
(d) anything else relating to the disciplinary information 19
that the commissioner reasonably considers to be 20
relevant to the assessment of the person. 21
`(5) In this section-- 22
appeal includes review. 23
`102B Actions of commissioner after making decision on 24
application 25
`(1) After making a decision about an application under 26
section 100 or 101, the commissioner must issue a prescribed 27
notice to the relevant person. 28
`(2) If the prescribed notice is a negative notice, the prescribed 29
notice must be accompanied by a notice stating the 30
following-- 31
(a) the reasons for the commissioner's decision on the 32
application; 33
s 15 23 s 15
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
(b) if the reasons do not include investigative information, a 1
statement that the relevant person may apply to the 2
Children Services Tribunal, within 28 days after the 3
relevant person is given the notice, to have reviewed 4
only a decision of the commissioner about whether there 5
is an exceptional case as mentioned in section 102(4) 6
or (7); 7
(c) if the reasons include investigative information, a 8
statement that, within 28 days after the relevant person 9
is given the notice, the relevant person-- 10
(i) may appeal as mentioned in section 121C(2)8 to a 11
Magistrates Court about only the investigative 12
information; or 13
(ii) may decide not to appeal under section 121C(2) 14
but apply to the Children Services Tribunal to have 15
reviewed only a decision of the commissioner 16
about whether there is an exceptional case as 17
mentioned in section 102(4) or (7); 18
(d) how the person may apply for the review to the Children 19
Services Tribunal or appeal to the Magistrates Court. 20
`(3) The notice also must include a copy of section 121.9 21
`(4) After the commissioner issues the prescribed notice to the 22
relevant person under this section, the commissioner must 23
give written notice to the following stating whether the 24
relevant person was given a positive notice or negative 25
notice-- 26
(a) if the application was made by an employer of the 27
relevant person--the employer; 28
(b) if the application was made by an education provider 29
about a trainee student--the education provider; 30
(c) if the commissioner is aware that the relevant person is a 31
licensee, or the nominee of a licensee, under the Child 32
8 Section 121C (Decision by police commissioner that information is investigative
information)
9 Section 121 (Person may apply for review of decision)
s 16 24 s 16
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
Care Act 2002--the chief executive of the department in 1
which that Act is administered; 2
(d) if the commissioner is aware that the relevant person is 3
carrying on a regulated business as a religious 4
representative and considers there is an entity within the 5
relevant organised or recognised religious group with 6
responsibility for supervising or disciplining the 7
relevant person--the entity. 8
`(5) Within 14 days after a prescribed notice is issued under this 9
section to a relevant person who previously held another 10
prescribed notice, the relevant person must give the 11
commissioner-- 12
(a) the previously held prescribed notice; and 13
(b) if the previously held prescribed notice was a positive 14
notice--any positive notice blue card previously held by 15
the relevant person. 16
Maximum penalty--10 penalty units. 17
`(6) In this section-- 18
relevant person means a person to whom an application under 19
section 100 or 101 relates.'. 20
Clause 16 Amendment of s 103 (Commissioner to invite 21
submissions from person about particular information) 22
(1) Section 103, before subsection (1)-- 23
insert-- 24
`(1AA) This section applies if, for an application under section 100 or 25
101, the commissioner must decide whether or not there is an 26
exceptional case as mentioned in section 102(4) or (7). 27
(2) Section 103(1)(a)-- 28
omit, insert-- 29
(a) stating the following-- 30
(i) the police information about the person that the 31
commissioner is aware of; 32
s 17 25 s 18
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
(ii) any disciplinary information about the person that 1
the commissioner is aware of; and'. 2
(3) Section 103(1)(b), from `a submission'-- 3
omit, insert-- 4
`a submission about why the commissioner should not issue a 5
negative notice.'. 6
(4) Section 103-- 7
insert-- 8
`(4) A submission mentioned in subsection (1)(b) may be made 9
orally or in a language other than English if the commissioner 10
considers a submission in that form is reasonable in the 11
circumstances.'. 12
Clause 17 Amendment of s 104 (Currency of notice) 13
(1) Section 104, heading, `notice'-- 14
omit, insert-- 15
`prescribed notice and positive notice blue card'. 16
(2) Section 104-- 17
insert-- 18
`(3) A positive notice blue card relating to a positive notice 19
remains current for the same period as the positive notice.'. 20
Clause 18 Replacement of pt 6, div 3 hdg (Obligations and offences 21
relating to suitability notices) and subdiv 1 hdg 22
(Regulated employment) 23
Part 6, division 3, heading and subdivision 1, heading-- 24
omit, insert-- 25
`Division 3 Obligations and offences relating to 26
prescribed notices 27
`Subdivision 1 Regulated employment as 28
volunteers 29
s 19 26 s 19
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
`104A Application of subdiv 1 1
`This subdivision applies to employment of a volunteer. 2
`104B Starting employment 3
`(1) This section applies if-- 4
(a) a person who is proposed to be employed (the proposed 5
employee) does not have a current positive notice; and 6
(b) another person (the employer) proposes to employ the 7
employee in regulated employment. 8
`(2) The employer must not employ the proposed employee in 9
regulated employment unless-- 10
(a) the employer has applied for a prescribed notice about 11
the proposed employee; and 12
(b) a positive notice is issued to the proposed employee. 13
Maximum penalty for subsection (2)--10 penalty units. 14
`Subdivision 1A Regulated employment other than 15
as volunteers 16
`104C Application of subdiv 1A 17
`This subdivision does not apply to employment of a 18
volunteer.'. 19
Clause 19 Amendment of s 105 (Continuing employment of certain 20
regular employees) 21
(1) Section 105(1)(b)-- 22
omit, insert-- 23
`(b) after considering any agreement relating to the 24
employment and the hours or times that the employee 25
previously carried out work for the employer, the 26
employer reasonably expects that the employee is likely 27
to carry out work as part of the employment for-- 28
(i) at least 8 consecutive days; or 29
s 20 27 s 20
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
(ii) at least once a week for each week during a period 1
of 4 weeks; or 2
(iii) at least once a fortnight for each fortnight during a 3
period of 8 weeks; or 4
(iv) at least once a month for each month during a 5
period of 6 months; and'. 6
(2) Section 105(2), `suitability'-- 7
omit, insert-- 8
`prescribed'. 9
Clause 20 Amendment of s 106 (Starting employment of certain 10
regular employees) 11
(1) Section 106(1)(b) and (c)-- 12
omit, insert-- 13
`(b) it is less than 1 year since the employee last carried out 14
the regulated employment for the employer; and 15
(c) in the course of proposed employment of the employee 16
by the employer, the employer reasonably expects that 17
the employee is likely to carry out work for any of the 18
following after considering any agreement relating to 19
the proposed employment and the person's employment 20
during the period when the employee was last employed 21
by the employer-- 22
(i) at least 8 consecutive days; or 23
(ii) at least once a week for each week during a period 24
of 4 weeks; or 25
(iii) at least once a fortnight for each fortnight during a 26
period of 8 weeks; or 27
(iv) at least once a month for each month during a 28
period of 6 months; and'. 29
(2) Section 106(2), `suitability'-- 30
omit, insert-- 31
`prescribed'. 32
s 21 28 s 22
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
Clause 21 Insertion of new s 106A 1
After section 106-- 2
insert-- 3
`106A Starting employment of new employees 4
`(1) This section applies if-- 5
(a) a person (the employee) is not employed in regulated 6
employment; and 7
(b) the employee does not have a current positive notice; 8
and 9
(c) another person (the employer) proposes to employ the 10
employee in regulated employment; and 11
(d) the employer reasonably expects that the employee is 12
likely to carry out work as part of the employment for 13
any of the following after considering any agreement 14
relating to the employment between the employer and 15
employee-- 16
(i) at least 8 consecutive days; or 17
(ii) at least once a week for each week during a period 18
of 4 weeks; or 19
(iii) at least once a fortnight for each fortnight during a 20
period of 8 weeks; or 21
(iv) at least once a month for each month during a 22
period of 6 months; and 23
(e) section 106 does not apply to the employment. 24
`(2) The employer must not employ the employee in regulated 25
employment unless the employer has applied for a prescribed 26
notice about the employee. 27
Maximum penalty for subsection (2)--10 penalty units.'. 28
Clause 22 Amendment of s 107 (Prohibited employment) 29
Section 107(2)(a) and (b)-- 30
omit, insert-- 31
s 23 29 s 23
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
`(a) the employer has applied for a prescribed notice about 1
the employee and has been notified by the 2
commissioner, other than as provided under 3
paragraph (b), that the employee has withdrawn the 4
employee's consent to employment screening under this 5
part; or 6
(b) the employer has been given a notice of deemed 7
withdrawal relating to the employee under 8
section 123(3B); or'. 9
Clause 23 Replacement of s 108 (Unsuitable person not to apply for, 10
or start or continue in, child-related employment) 11
Section 108-- 12
omit, insert-- 13
`Subdivision 1B Obligations if holder of negative 14
notice or application for prescribed 15
notice is withdrawn 16
`108 Person holding negative notice, or who has 17
withdrawn consent to employment screening, not to 18
apply for, or start or continue in, regulated 19
employment 20
`(1) A person must not apply for, or start or continue in, regulated 21
employment if a negative notice has been issued to the person 22
and is current. 23
Maximum penalty--500 penalty units or 5 years 24
imprisonment. 25
`(2) A person must not apply for, or start or continue in, regulated 26
employment if an application about the person was made 27
under section 10010 but the person withdrew the person's 28
consent, or is taken to have withdrawn the person's consent, to 29
employment screening under this part before a prescribed 30
notice was issued. 31
10 Section 100 (Application for notice--regulated employment)
s 24 30 s 25
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
Maximum penalty--100 penalty units or 1 year's 1
imprisonment. 2
`(3) However, if the person held a positive notice but a negative 3
notice was substituted for the positive notice under 4
section 119,11 a court may not find the person contravened 5
subsection (1) unless the court is satisfied that written notice 6
of the substitution was given to the person.'. 7
Clause 24 Amendment of s 109 (Carrying on regulated business) 8
(1) Section 109, penalty-- 9
omit, insert-- 10
`Maximum penalty--500 penalty units or 5 years 11
imprisonment.'. 12
(2) Section 109, after the penalty-- 13
insert-- 14
`(2) If the person is a corporation, each executive officer of the 15
corporation whose principal place of residence is in Australia 16
must have a current positive notice. 17
Maximum penalty--500 penalty units or 5 years 18
imprisonment.'. 19
Clause 25 Amendment of s 111 (Effect of conviction for serious 20
offence) 21
(1) Section 111, heading, after `offence'-- 22
insert-- 23
`or charge for excluding offence'. 24
(2) Section 111(1), from `if'-- 25
omit, insert-- 26
`immediately on the person's conviction for a serious offence 27
or the person being charged with an excluding offence.'. 28
11 Section 119 (Commissioner may cancel a prescribed notice and substitute another
prescribed notice)
s 26 31 s 29
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
(3) Section 111(2), penalty-- 1
omit, insert-- 2
`Maximum penalty--500 penalty units or 5 years 3
imprisonment.'. 4
Clause 26 Amendment of s 112 (Change in criminal history of 5
employee) 6
Section 112(3), `suitability notice, or further suitability'-- 7
omit, insert-- 8
`prescribed notice, or further prescribed'. 9
Clause 27 Amendment of s 113 (Change in criminal history of 10
person carrying on regulated business) 11
(1) Section 113(2), `suitability'-- 12
omit, insert-- 13
`prescribed'. 14
(2) Section 113-- 15
insert-- 16
`(3) This section does not limit section 111.'. 17
Clause 28 Amendment of s 114 (Change in criminal history of other 18
persons) 19
Section 114(2), (3) and (4), `suitability'-- 20
omit, insert-- 21
`prescribed'. 22
Clause 29 Amendment of s 117 (Return of notice to commissioner) 23
(1) Section 117, heading, `notice'-- 24
omit, insert-- 25
`positive notice and any positive notice blue card'. 26
s 30 32 s 32
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
(2) Section 117(2), after `notice'-- 1
insert-- 2
`, and any positive notice blue card issued to the person,'. 3
Clause 30 Replacement of pt 6, div 4 hdg (Cancellation and 4
replacement of suitability notices) 5
omit, insert-- 6
`Division 4 Cancellation and replacement of 7
prescribed notices'. 8
Clause 31 Amendment s 118 (Cancellation of suitability notice on 9
application) 10
(1) Section 118, heading-- 11
omit, insert-- 12
`118 Cancellation of negative notice and issuing of positive 13
notice'. 14
(2) Section 118(5), from `about whether' to `employment'-- 15
omit. 16
(3) Section 118(6), after `102'-- 17
insert-- 18
`, 102A, 102B'. 19
(4) Section 118(6)(a), `suitability'-- 20
omit, insert-- 21
`prescribed'. 22
(5) Section 118(7), `suitability'-- 23
omit, insert-- 24
`negative'. 25
Clause 32 Replacement of ss 119 and 120 26
Sections 119 and 120-- 27
s 32 33 s 32
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
omit, insert-- 1
`119 Commissioner may cancel a prescribed notice and 2
substitute another prescribed notice 3
`(1) The commissioner may cancel a positive notice (the cancelled 4
notice) about a person and substitute a negative notice if the 5
commissioner is satisfied that-- 6
(a) the decision on the application for the cancelled notice 7
was based on wrong or incomplete information and, 8
based on the correct or complete information, the 9
commissioner should issue the negative notice; or 10
(b) it is appropriate to cancel the positive notice having 11
regard to disciplinary information, or information 12
received under section 122 or 122A(1),12 about the 13
person. 14
`(2) The commissioner may cancel a negative notice (the 15
cancelled notice) and substitute a positive notice if the 16
commissioner is satisfied that-- 17
(a) the decision on the application for the cancelled notice 18
was based on wrong or incomplete information and, 19
based on the correct or complete information, the 20
commissioner should issue the positive notice; or 21
(b) a penalty or order of a court of the type mentioned in 22
section 119A(1), that required the commissioner to 23
cancel the positive notice and issue a negative notice, is 24
not upheld on appeal. 25
`(3) In making a decision under subsection (1) or (2), the 26
commissioner must make the decision as if it were a decision 27
about an application for a prescribed notice and, for that 28
12 Section 122 (Commissioner may obtain information from police commissioner) or
122A (Notice of change in police information about a person)
s 32 34 s 32
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
purpose, sections 102, 102A and 102B13 apply to the decision 1
under this section. 2
`(4) Also, the commissioner must consider whether notice must be 3
given under section 126B(2).14 4
`(5) If the commissioner proposes to substitute a negative notice as 5
mentioned in subsection (1), the commissioner must first 6
comply with section 10315 as if-- 7
(a) the reference in section 103(1) to deciding the 8
application by issuing a negative notice were a reference 9
to substituting a negative notice for a positive notice; 10
and 11
(b) the reference in section 103(3) to deciding the 12
application were a reference to substituting a negative 13
notice for a positive notice. 14
`(6) The commissioner may exercise a power under subsection (1) 15
or (2)-- 16
(a) on application by the person to whom the cancelled 17
notice was issued or the person who applied for the 18
cancelled notice; or 19
(b) on the commissioner's own initiative. 20
`119A Cancellation if conviction for excluding offence and 21
imprisonment or disqualification order 22
`(1) This section applies if, after the commencement of this 23
section, a person who is the holder of a positive notice, 24
including a positive notice that is suspended under 25
13 Sections 102 (Decision on application), 102A (Decision-making under s 102 in
relation to discretionary matters) and 102B (Actions of commissioner after making
decision on application)
14 Section 126B (Commissioner information to accreditation board about director of
school's governing body)
15 Section 103 (Commissioner to invite submissions from person about particular
information)
s 32 35 s 32
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
section 119C,16 is convicted of an excluding offence and the 1
court that convicts the person-- 2
(a) imposes an imprisonment order; or 3
(b) makes a disqualification order under section 126C. 17
4
`(2) The commissioner must cancel the positive notice held by the 5
person and substitute a negative notice. 6
`(3) At the time the commissioner gives the person the negative 7
notice, the commissioner must give the person a further 8
written notice stating-- 9
(a) there is no appeal under this Act against the decision of 10
the commissioner to cancel the positive notice and 11
substitute a negative notice; and 12
(b) the person can not apply under section 11818 for the 13
cancellation of the negative notice, even after 2 years; 14
and 15
(c) the person may apply under section 119 for the 16
cancellation of the negative notice if the decision to 17
issue the cancelled notice was made under this section 18
and the penalty or order mentioned in subsection (1)(a) 19
or (b) is not upheld on appeal against the imposition of 20
the penalty or making of the order and that is the only 21
reason for an application under section 119. 22
`(4) Also, the commissioner must give written notice to the 23
following stating the person was given a negative notice-- 24
(a) if the person is employed in regulated employment--the 25
employer; 26
(b) if the person is a trainee student of an education 27
provider--the education provider; 28
(c) if the relevant person is a licensee, the nominee of a 29
licensee, or an adult occupant of a carer's home that is a 30
licensed home based service, under the Child Care Act 31
16 Section 119C (Effect of charge for excluding offence pending charge being dealt
with)
17 Section 126C (Lifetime ban order)
18 Section 118 (Cancellation of negative notice and issuing of positive notice)
s 32 36 s 32
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
2002--the chief executive of the department in which 1
that Act is administered; 2
(d) if the relevant person is carrying on a regulated business 3
as a religious representative--an entity within the 4
relevant organised or recognised religious group that the 5
commissioner reasonably considers has responsibility 6
for supervising or disciplining the relevant person. 7
`(5) Also, the commissioner must consider whether notice must be 8
given under section 126B(2).19 9
`(6) There is no appeal under this Act against a decision of the 10
commissioner under this section to cancel the positive notice 11
and substitute a negative notice. 12
`(7) In this section-- 13
appeal includes review. 14
`119B Cancellation if conviction for excluding offence but no 15
imprisonment or disqualification order 16
`(1) This section applies if, after the commencement of this 17
section, a person who is the holder of a positive notice, 18
including a positive notice that is suspended under 19
section 119C, is convicted of an excluding offence but the 20
court that convicts the person-- 21
(a) imposes a penalty that does not include an 22
imprisonment order for the offence; or 23
(b) does not make a disqualification order under 24
section 126C.20 25
`(2) The commissioner must cancel the person's positive notice 26
and substitute a negative notice unless the commissioner is 27
satisfied it is an exceptional case in which it would not harm 28
the best interests of children for the commissioner not to 29
cancel the positive notice. 30
19 Section 126B (Commissioner may give information to accreditation board about
director of school's governing body)
20 Section 126C (Disqualification order)
s 32 37 s 32
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
`(3) In making a decision under subsection (2), the commissioner 1
must make the decision as if it were a decision about an 2
application for a prescribed notice and, for that purpose, 3
sections 102, 102A and 102B21 apply to the decision under 4
this section. 5
`(4) Also, the commissioner must consider whether notice must be 6
given under section 126B(2).22 7
`(5) If the commissioner proposes to substitute a negative notice as 8
mentioned in subsection (2), the commissioner must first 9
comply with section 10323 as if-- 10
(a) the reference in section 103(1) to deciding the 11
application by issuing a negative notice were a reference 12
to substituting a negative notice for a positive notice; 13
and 14
(b) the reference in section 103(3) to deciding the 15
application were a reference to substituting a negative 16
notice for a positive notice. 17
`119C Effect of charge for excluding offence pending 18
charge being dealt with 19
`(1) If, after the commencement of this section, a person who is 20
the holder of a positive notice is charged with an excluding 21
offence, the commissioner must suspend the positive notice by 22
written notice given to the person. 23
`(2) The notice about the suspension must state the following-- 24
(a) the positive notice held by the person is suspended; 25
(b) the reason for the suspension; 26
21 Sections 102 (Decision on application), 102A (Decision-making under s 102 in
relation to discretionary matters) and 102B (Actions of commissioner after making
decision on application)
22 Section 126B (Commissioner may give information to accreditation board about
director of school's governing body)
23 Section 103 (Commissioner to invite submissions from person about particular
information)
s 32 38 s 32
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
(c) how long the suspension will continue as mentioned in 1
section 119D and how the person may apply for the 2
cancellation of the suspension under that section; 3
(d) the effect of the suspension; 4
(e) the person must return the positive notice, and any 5
positive notice blue card, to the commissioner within 6
7 days after the notice is given to the person. 7
`(3) Until a suspension is cancelled under section 119D, the 8
person whose positive notice is suspended and who is given a 9
notice under subsection (1) must not do any of the 10
following-- 11
(a) apply, start or continue to perform work that is regulated 12
employment; 13
(b) start or continue to carry on a regulated business. 14
Maximum penalty--200 penalty units or 2 years 15
imprisonment. 16
`(4) Within 7 days after a person is given notice under 17
subsection (1), the person must return each of the following to 18
the commissioner-- 19
(a) the positive notice; 20
(b) any positive notice blue card relating to the positive 21
notice. 22
Maximum penalty--100 penalty units. 23
`(5) Also, the commissioner must give written notice to the 24
following persons stating that the positive notice held by the 25
person is suspended and the effect of the suspension-- 26
(a) if the person is employed in regulated employment--the 27
employer; 28
(b) if the person is a trainee student of an education 29
provider--the education provider; 30
(c) if the person is a licensee, the nominee of a licensee, or 31
an adult occupant of a carer's home that is a licensed 32
home based service, under the Child Care Act 33
2002--the chief executive of the department in which 34
that Act is administered; 35
s 32 39 s 32
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
(d) if the person is carrying on a regulated business as a 1
religious representative--an entity within the relevant 2
organised or recognised religious group that the 3
commissioner reasonably considers has responsibility 4
for supervising or disciplining the relevant person. 5
`(6) Also, the commissioner must consider whether notice under 6
subsection (5) must be given under section 126B(2).24 7
`(7) A notice under subsection (5) must state that a person to 8
whom the notice is given under subsection (5) or (6)-- 9
(a) must not allow the person to perform work that is 10
regulated employment; and 11
(b) must not terminate the person's employment or 12
continued employment solely or mainly because the 13
person's positive notice is suspended. 14
`(8) A person to whom a notice is given under subsection (5) or (6) 15
must not allow the person to perform work that is regulated 16
employment. 17
Maximum penalty for subsection (8)--200 penalty units or 18
2 years imprisonment. 19
`119D Cancellation of suspension and issue of further 20
prescribed notice 21
`(1) A suspension under section 119C continues until-- 22
(a) the charge is dealt with other than by a conviction of the 23
person for an excluding offence; and 24
(b) the commissioner cancels the suspension and issues a 25
further prescribed notice to the person. 26
`(2) The person whose positive notice is suspended may apply to 27
the commissioner to cancel the suspension and issue a further 28
prescribed notice to the person only after the charge is dealt 29
with other than by a conviction of the person for an excluding 30
offence. 31
24 Section 126B (Commissioner may give information to accreditation board about
director of school's governing body)
s 32 40 s 32
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
`(3) The commissioner must cancel the suspension and issue a 1
further positive notice unless the commissioner is satisfied it 2
is an exceptional case in which it would harm the best 3
interests of children for the commissioner to issue the positive 4
notice. 5
`(4) In making a decision under subsection (3), the commissioner 6
must make the decision as if it were a decision about an 7
application for a prescribed notice and, for that purpose, 8
sections 102, 102A and 102B25 apply to the decision under 9
this section. 10
`(5) Also, the commissioner must consider whether notice must be 11
given under section 126B(2).26 12
`(6) If the commissioner proposes to issue a negative notice, the 13
commissioner must first comply with section 103.27 14
`120 Replacement of positive notice or positive notice 15
blue card 16
`(1) If a person's current positive notice, or current positive notice 17
blue card, is lost or stolen, the person must apply for a 18
replacement notice or card within 14 days after the loss or 19
theft. 20
Maximum penalty--10 penalty units. 21
`(2) The application must be in the approved form and 22
accompanied by the fee prescribed under a regulation for the 23
application. 24
`(3) The commissioner must-- 25
(a) cancel the lost or stolen notice or card; and 26
(b) issue a replacement notice or card to the person. 27
25 Sections 102 (Decision on application), 102A (Decision-making under s 102 in
relation to discretionary matters) and 102B (Actions of commissioner after making
decision on application)
26 Section 126B (Commissioner may give information to accreditation board about
director of school's governing body)
27 Section 103 (Commissioner to invite submissions from person about particular
information)
s 32 41 s 32
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
`(4) The commissioner may issue the replacement notice or card 1
with a different registration number to the number of the lost 2
or stolen notice or card. 3
`(5) If the person's lost or stolen notice or card is returned to, or 4
otherwise recovered by, the person after the application for a 5
replacement notice or card, within 14 days after receiving a 6
replacement notice or card the person must give the replaced 7
notice or card to the commissioner. 8
Maximum penalty--10 penalty units. 9
`(6) The commissioner must give written notice to the police 10
commissioner about the fact that a current positive notice, or 11
current positive notice blue card, has been lost or stolen. 12
`120A Change of details for prescribed notice or positive 13
notice blue card 14
`(1) This section applies if the holder of a positive notice or 15
negative notice does any of the following (each of which is a 16
relevant change)-- 17
(a) changes a name the holder has previously given to the 18
commissioner; 19
(b) starts to use different name to the name or names the 20
holder has previously given to the commissioner; 21
(c) changes contact details previously given to the 22
commissioner. 23
`(2) The holder must give notice, in the approved form, to the 24
commissioner about the relevant change within 14 days after 25
the relevant change. 26
Maximum penalty--10 penalty units. 27
`(3) If the commissioner considers it is appropriate to do so, the 28
commissioner may issue to the holder a replacement positive 29
notice or replacement positive notice blue card. 30
`(4) If the commissioner issues to the holder a replacement 31
positive notice, or replacement positive notice blue card, 32
within 14 days after receiving the replacement notice or card 33
s 33 42 s 34
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
the holder must return the replaced notice or card to the 1
commissioner. 2
Maximum penalty--10 penalty units. 3
`(5) The commissioner must cancel the previously held positive 4
notice or positive notice blue card if the commissioner has 5
issued a replacement notice or card.'. 6
Clause 33 Amendment of s 121 (Person may apply for review of 7
decision) 8
(1) Section 121(1), from `to have'-- 9
omit, insert-- 10
`for a review of a decision by the commissioner as to whether 11
or not there is an exceptional case as mentioned in 12
section 102(4) or (7), 119B(2) or 119D(3) if the commissioner 13
did not issue, or refused to cancel, a negative notice about the 14
person or refused to cancel a suspension of a positive notice.'. 15
(2) Section 121-- 16
insert-- 17
`(3) To remove any doubt, it is declared that there is no appeal, or 18
review, under this Act against a decision of the commissioner 19
to issue, or refuse to cancel, a negative notice about a person 20
other than a decision mentioned in subsection (1). 21
`(4) This section does not limit section 121C.28 22
`(5) In this section-- 23
issue a negative notice includes substitute a negative notice 24
after cancelling a positive notice.'. 25
Clause 34 Insertion of new s 121A to 121E 26
After section 121-- 27
insert-- 28
28 Section 121C (Decision by police commissioner that information is investigative
information)
s 34 43 s 34
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
`121A Police commissioner may decide that information 1
about a person is investigative information 2
`(1) The police commissioner may decide under this section that 3
information about a person (the investigated person) is 4
investigative information if-- 5
(a) there is or was evidence of acts or omissions that, at the 6
time of the acts or omissions, constituted a serious 7
child-related sexual offence (the alleged offence) by the 8
investigated person against a child or a person who was 9
a child at the time of the offence (each of whom is a 10
complainant); and 11
(b) the police investigated the alleged offence and the 12
investigated person was formally notified about the 13
investigation, including-- 14
(i) by participating in an interview, or by being asked 15
to participate in an interview, about the alleged 16
offence; or 17
(ii) by otherwise being given an opportunity to answer 18
allegations about the alleged offence; and 19
(c) there was sufficient evidence available that was capable 20
of establishing each element of the alleged offence but a 21
decision was made not to charge the investigated person 22
because-- 23
(i) the complainant died before the charge was 24
brought; or 25
(ii) either or both of the following applied-- 26
(A) the complainant was unwilling to proceed; 27
(B) an adult who, at the relevant time, was the 28
complainant's parent or guardian decided 29
that, in the interests of the complainant, the 30
matter should not proceed. 31
`(2) Evidence of acts or omissions includes information from a 32
third party if the complainant did not make a formal complaint 33
at or about the time of the investigation. 34
s 34 44 s 34
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
`121B Police commissioner not to delegate power under 1
s 121A 2
`Despite the Police Service Administration Act 1990, 3
section 4.10, the police commissioner may not delegate the 4
police commissioner's powers under section 121A. 5
`121C Decision by police commissioner that information is 6
investigative information 7
`(1) This section applies if-- 8
(a) the police commissioner decides that information about 9
a person is investigative information; and 10
(b) the investigative information is given, under section 122 11
or 122A,29 to the commissioner;30 and 12
(c) a negative notice is issued, or a positive notice is 13
cancelled and a negative notice is substituted for it, after 14
the investigative information is given to the 15
commissioner. 16
`(2) The person may appeal to a Magistrates Court about the 17
decision that information, given to the commissioner as 18
investigative information, is investigative information. 19
`(3) However, an appeal under subsection (2) may only be made 20
after the commissioner has issued a negative notice to the 21
person under section 102B(1) and within 28 days after the 22
negative notice is given to the person. 23
`(4) The commissioner and police commissioner must be given a 24
copy of the notice of appeal. 25
`(5) The Children Services Tribunal does not have jurisdiction to 26
review a decision of the police commissioner that information 27
about a person is investigative information or that information 28
29 Section 122 (Commissioner may obtain information from police commissioner) or
122A (Notice of change in criminal history)
30 The police commissioner is the commissioner of the police service and the
commissioner is the Commissioner for Children and Young People and Child
Guardian.
s 34 45 s 34
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
that is investigative information may be given to the 1
commissioner. 2
`121D Court to decide matters afresh 3
`(1) A Magistrates Court hearing an appeal under section 121C is 4
to decide afresh whether information given to the 5
commissioner as investigative information about a person is 6
investigative information. 7
`(2) A person who is the relevant complainant under section 121A 8
must not be asked or called on by the investigated person 9
under that section to give evidence in person before the court. 10
`(3) Subsection (2) does not prevent documentary evidence being 11
tendered and received in evidence by the court. 12
`(4) After hearing an appeal under section 121C, the court may 13
confirm or set aside the decision and the clerk of the court is 14
to give the appellant notice of the decision. 15
`(5) For subsection (4), the court must have regard to the matters 16
the police commissioner was required to have regard to under 17
this Act when the police commissioner made the decision. 18
`121E Consequence of decision on appeal 19
`(1) If, on appeal, a Magistrates Court sets aside the police 20
commissioner's decision under section 121A that information 21
given to the commissioner about a person is investigative 22
information, the person may apply under section 11931 to 23
cancel the negative notice issued to the person on the grounds 24
that the decision to issue the negative notice was based on 25
wrong information. 26
`(2) If the court confirms the decision appealed against, the notice 27
under section 121D(4) must state that within 28 days after the 28
date the person is given the notice, the person may apply to 29
the Children Services Tribunal to have the commissioner's 30
31 Section 119 (Commissioner may cancel a prescribed notice and substitute another
prescribed notice)
s 35 46 s 35
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
decision to issue the negative notice reviewed and how the 1
person may apply for the review.'. 2
Clause 35 Amendment of s 122 (Commissioner may obtain 3
information from police commissioner) 4
(1) Section 122(1)(b), `suitability'-- 5
omit, insert-- 6
`prescribed'. 7
(2) Section 122(1)(c), after `about the person'-- 8
omit, insert-- 9
`or to cancel a suspension of the person's positive notice 10
under section 119C'. 11
(3) Section 122(2), from `what'-- 12
omit, insert-- 13
`what police information exists, if any, in relation to the 14
person.'. 15
(4) Section 122(3)-- 16
omit, insert-- 17
`(2A) For subsection (2), the commissioner's request may include 18
the following information-- 19
(a) the person's name and any other name that the 20
commissioner believes the person may use or may have 21
used; 22
(b) the person's gender and date and place of birth; 23
(c) if the person is currently the holder of a prescribed 24
notice--any number or date relevant to the prescribed 25
notice or a positive notice blue card; 26
(d) if the application relates to employment of the 27
person--whether or not the person carries out the work 28
as a volunteer; 29
(e) the status of the relevant application or applicant, 30
including, for example, by reference to subsection (1). 31
s 35 47 s 35
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
`(3) If there is police information about the person, the 1
commissioner may ask the police commissioner for a brief 2
description of the circumstances of a conviction, charge or 3
investigative information mentioned in the police 4
information.'. 5
(5) Section 122(4), after `section'-- 6
insert-- 7
`unless the police commissioner is, under subsection (8), told 8
not to provide the information'. 9
(6) Section 122-- 10
insert-- 11
`(6) The police commissioner need not disclose investigative 12
information about the person to the commissioner under this 13
section if the police commissioner is reasonably satisfied that 14
giving the information may do any of the following-- 15
(a) prejudice the investigation of a contravention or possible 16
contravention of the law in a particular case; 17
(b) enable the existence or identity of a confidential source 18
of information, in relation to the enforcement or 19
administration of the law, to be ascertained; 20
(c) endanger a person's life or physical safety; 21
(d) prejudice the effectiveness of a lawful method or 22
procedure for preventing, detecting, investigating or 23
dealing with a contravention or possible contravention 24
of the law. 25
`(7) If the police commissioner gives investigative information 26
about the person to the commissioner under this section, the 27
police commissioner must give notice, in the approved form, 28
to the person that-- 29
(a) the police commissioner has decided that information 30
about the person is investigative information; and 31
(b) investigative information has been given to the 32
commissioner. 33
`(8) If the commissioner decides that information requested under 34
subsection (2) about the person is no longer required, the 35
s 36 48 s 36
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
commissioner must tell the police commissioner not to 1
provide the information. 2
`(9) Information given to the police commissioner under this 3
section must not be accessed or disclosed for any purpose 4
except for a purpose under this part or any other purpose 5
relevant to law enforcement. 6
`(10) Information given to the police commissioner under this 7
section must not be used for any purpose except if-- 8
(a) for information other than information about a 9
withdrawal--the use is for a purpose under this part or 10
for any other purpose relating to child protection; or 11
(b) for information about a withdrawal--the use is for a 12
purpose under this part.'. 13
Clause 36 Amendment of s 122A (Notice of change in criminal 14
history) 15
(1) Section 122A, heading, `criminal history'-- 16
omit, insert-- 17
`police information about a person'. 18
(2) Section 122A(1), `person's criminal history'-- 19
omit, insert-- 20
`police information about the person'. 21
(3) Section 122A(2)(a) to (e)-- 22
omit, insert-- 23
`(a) the person's name and any other name that the police 24
commissioner believes the person may use or may have 25
used; 26
(b) the person's gender and date and place of birth; 27
(c) if the change in police information includes a change in 28
the person's criminal history, the offence the person is 29
charged with, particulars of the offence and the date of 30
the charge.'. 31
(4) Section 122A-- 32
s 37 49 s 37
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
insert-- 1
`(5) If the police commissioner gives investigative information to 2
the commissioner under this section, the police commissioner 3
must give notice, in the approved form, to the person that 4
investigative information has been given to the 5
commissioner.'. 6
Clause 37 Insertion of new s 122B 7
After section 122A-- 8
insert-- 9
`122B Commissioner to give notice to employer about 10
making employment-screening decision about 11
employee 12
`(1) This section applies if-- 13
(a) the police commissioner, the holder of a prescribed 14
notice (the employee) or another person gives notice to 15
the commissioner that police information about the 16
employee has changed; or 17
(b) the commissioner otherwise becomes aware that police 18
information about the employee has changed. 19
`(2) However, this section does not apply if the change is that the 20
employee has been convicted or charged with an excluding 21
offence. 22
`(3) If the commissioner considers the change in police 23
information may be relevant to child-related employment, the 24
commissioner must give written notice to the person (the 25
employer) who employs the employee in regulated 26
employment-- 27
(a) identifying the employee; and 28
(b) stating only that the commissioner is making an 29
employment-screening decision in relation to the 30
employee. 31
`(4) However, if the change in police information is a change in 32
criminal history, the notice under subsection (3) must state 33
whether or not-- 34
s 38 50 s 38
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
(a) the change in criminal history is a charge or a 1
conviction; and 2
(b) the offence is a serious offence, serious child-related 3
sexual offence or excluding offence. 4
`(5) The employer may not dismiss the employee solely or mainly 5
because the employer is given the notice.'. 6
Clause 38 Amendment of s 123 (Withdrawal of employee's consent 7
to employment screening) 8
(1) Section 123(1) and (4), `suitability'-- 9
omit, insert-- 10
`prescribed'. 11
(2) Section 123-- 12
insert-- 13
`(3A) Also, the employee is taken to have withdrawn his or her 14
consent to employment screening under this part if-- 15
(a) the employer has given the commissioner written notice 16
that the person is no longer employed by the employer 17
or the commissioner can not obtain information, in 18
writing, from the employer that the person is employed 19
by the employer; and 20
(b) the employee has not given written notice to the 21
commissioner about the end of the employment as 22
required under section 101A;32 and 23
(c) the commissioner gives the employee and the employer 24
a notice of deemed withdrawal relating to the employee. 25
`(3B) Further, the employee is taken to have withdrawn his or her 26
consent to employment screening under this part if-- 27
(a) the employee gives the commissioner, or the 28
commissioner gives the employee, written notice that 29
the employee is charged with an excluding offence; and 30
32 Section 101A (Notice of change of employment, or name and contact details in
application under ss 100 or 101)
s 39 51 s 40
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
(b) the commissioner gives the employee and the employer 1
a notice of deemed withdrawal under this subsection 2
relating to the employee.'. 3
(3) Section 123-- 4
insert-- 5
`(4A) For subsection (3A), an employer may give written notice to 6
the commissioner that a stated person-- 7
(a) is employed, or continues to be employed, by the 8
employer; or 9
(b) is no longer employed by the employer.'. 10
Clause 39 Amendment of s 124 (Compliance with requirement to 11
end, or not start, a person's regulated employment) 12
(1) Section 124(1) and (3), after `employ'-- 13
insert-- 14
`, or continue to employ,'. 15
(2) Section 124-- 16
insert-- 17
`(4) A person whose positive notice is suspended under 18
section 119C33 may be employed in employment that is not 19
regulated employment until the charge for the excluding 20
offence is dealt with and the commissioner cancels the 21
suspension and issues a further prescribed notice.'. 22
Clause 40 Amendment of s 126 (Use of criminal history information) 23
(1) Section 126, heading, `criminal history information'-- 24
omit, insert-- 25
`information obtained under this part about a person'. 26
(2) Section 126, from `obtained' to `criminal history'-- 27
33 Section 119C (Effect of charge for excluding offence pending charge being dealt
with)
s 41 52 s 41
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
omit, insert-- 1
`obtained under this part about a person'. 2
Clause 41 Replacement of s 126A (What is employment in child 3
care) 4
Section 126A-- 5
omit, insert-- 6
`126A Commissioner must give police commissioner a 7
person's current address 8
`(1) The commissioner must, on written application of the police 9
commissioner, give the police commissioner information 10
about an address for a person if-- 11
(a) the commissioner has an address for the person that is 12
different to the address stated by the police 13
commissioner in the application; and 14
(b) the police commissioner is, under this part, required to 15
give a notice to the person. 16
`(2) Information given to the police commissioner under this 17
section must not be used, disclosed or accessed for any 18
purpose except to give a notice under this part to the person. 19
`126B Commissioner may give information to accreditation 20
board about director of school's governing body 21
`(1) The commissioner may, on written application of the 22
accreditation board signed by the chairperson, give the 23
accreditation board the following information about a 24
director34 of a school's governing body-- 25
34 Education (Accreditation of Non-State Schools) Act 2001, section 15 (Application of
Commission for Children and Young People and Child Guardian Act 2000, pt 6)
states--
For the Commission for Children and Young People and Child Guardian Act 2000,
part 6, a person is taken to be a person carrying on a regulated business under that
Act by being a director of the governing body of a provisionally accredited, or
accredited, school.
s 41 53 s 41
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
(a) whether the director is the holder of a positive notice or 1
negative notice; 2
(b) whether the director is an applicant under section 101.35 3
`(2) The commissioner must notify the accreditation board about 4
the following-- 5
(a) if the commissioner issues a negative notice to a director 6
of a school's governing body--the issue of the negative 7
notice; 8
(b) if, under section 119C,36 the commissioner suspends the 9
positive notice of a director of a school's governing 10
body--the suspension of the positive notice or the 11
cancellation of the suspension and issue of a further 12
prescribed notice under section 119D.37 13
`(3) In this section-- 14
accreditation board means the Non-State Schools 15
Accreditation Board established under the Education 16
(Accreditation of Non-State Schools) Act 2001, section 105. 17
chairperson see the Education (Accreditation of Non-State 18
Schools) Act 2001, schedule 3. 19
director, of a school's governing body, see the Education 20
(Accreditation of Non-State Schools) Act 2001, schedule 3. 21
issue a negative notice includes substitute a negative notice 22
after cancelling a positive notice. 23
`126C Disqualification order 24
`(1) This section applies if-- 25
(a) a person is convicted of an excluding offence; and 26
(b) the court that convicted the person did not impose an 27
imprisonment order for the offence. 28
35 Section 101 (Application for notice--regulated business)
36 Section 119C (Effect of charge for excluding offence pending charge being dealt
with)
37 Section 119D (Cancellation of suspension and issue of further prescribed notice)
s 42 54 s 43
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
`(2) The court may, on application by the prosecutor or on its own 1
motion, make an order (disqualification order) in relation to 2
the person. 3
`(3) In this section-- 4
Crown prosecutor includes-- 5
(a) the Attorney-General; and 6
(b) the director of public prosecutions; and 7
(c) another person, other than a police officer, appearing for 8
the State. 9
prosecutor means-- 10
(a) in the context of a proceeding before, or an application 11
to, a Magistrates Court--a police officer or Crown 12
prosecutor; or 13
(b) otherwise--a Crown prosecutor.'. 14
Clause 42 Amendment of s 127 (Initial application of this part) 15
(1) Section 127, heading, `Initial application'-- 16
omit, insert-- 17
`Application'. 18
(2) Section 127(1)-- 19
omit. 20
Clause 43 Amendment of s 128 (Application for suitability notice for 21
current employee) 22
(1) Section 128, heading, `suitability'-- 23
omit, insert-- 24
`prescribed'. 25
(2) Section 128(2), `suitability'-- 26
omit, insert-- 27
`prescribed'. 28
(3) Section 128(5)(b)(i) and (ii)-- 29
s 44 55 s 46
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
omit, insert-- 1
`(i) whether there is police information about the 2
employee; and 3
(ii) if there is police information about the employee, 4
what that information is; and'. 5
Clause 44 Insertion of new s 144A 6
Part 8, division 2, before section 145-- 7
insert-- 8
`144A Positive notice blue card is evidence of holding 9
positive notice 10
`If a person holds a current positive notice blue card, the card 11
is evidence of the person holding a current positive notice.'. 12
Clause 45 Amendment of s 146 (Indictable and summary offences) 13
(1) Section 146(1), from `if'-- 14
omit, insert-- 15
`that is a crime.'. 16
(2) Section 146(2), after `an indictable offence'-- 17
insert-- 18
`that is a crime'. 19
Clause 46 Insertion of new s 151A 20
Part 8, division 2, after section 151-- 21
insert-- 22
`151A Executive officers must ensure corporation 23
complies with Act 24
`(1) The executive officers of a corporation must ensure the 25
corporation complies with this Act. 26
`(2) If a corporation commits an offence against a provision of this 27
Act, each of the corporation's executive officers also commits 28
s 47 56 s 47
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
an offence, namely, the offence of failing to ensure the 1
corporation complies with the provision. 2
Maximum penalty--the penalty for the contravention of the 3
provision by an individual. 4
`(3) Evidence that the corporation has been convicted of an 5
offence against a provision of this Act is evidence that each of 6
the executive officers committed the offence of failing to 7
ensure the corporation complies with the provision. 8
`(4) However, it is a defence for an executive officer to prove-- 9
(a) if the officer was in a position to influence the conduct 10
of the corporation in relation to the offence, the officer 11
exercised reasonable diligence to ensure the corporation 12
complied with the provision; or 13
(b) the officer was not in a position to influence the conduct 14
of the corporation in relation to the offence.'. 15
Clause 47 Replacement of s 164 (Review of pt 6) 16
Section 164-- 17
omit, insert-- 18
`164 Commissioner may enter into arrangement about 19
giving and receiving information with police 20
commissioner 21
`(1) This section applies only to the extent that another provision 22
under this Act allows the commissioner to give information to 23
the police commissioner or the police commissioner to give 24
information to the commissioner. 25
`(2) The commissioner and the police commissioner may enter 26
into a written arrangement by which the information is given 27
or received. 28
`(3) Without limiting subsection (2), the arrangement may provide 29
for the electronic transfer of information, including on a daily 30
basis. 31
`(4) However, if information is to be electronically transferred and, 32
under this Act, there is a limitation on who may access the 33
s 48 57 s 49
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
information or the purposes for which the information may be 1
used, the arrangement must provide for the limitation.'. 2
Clause 48 Amendment of s 167 (Regulation-making power) 3
Section 167-- 4
insert-- 5
`(2) A regulation may be made about fees, including refunding or 6
waiving fees, for this Act.'. 7
Clause 49 Insertion of new pt 9, div 7 8
After section 187-- 9
insert-- 10
`Division 7 Transitional provisions for the 11
Commission for Children and 12
Young People and Child Guardian 13
Amendment Act 2004 14
`188 Volunteers 15
`(1) This section applies to a person to whom section 104B38 16
applies. 17
`(2) Section 104B applies to the person even though the agreement 18
about carrying out work, that is regulated employment, was 19
entered into before the commencement of this section. 20
`(3) However if, before the commencement, the employee under 21
section 104B started carrying out work and the relevant 22
employer under the section applied for a prescribed notice 23
about the employee-- 24
(a) the employee may continue to be employed by the 25
relevant employer until the earlier of the following-- 26
(i) 1 year after the commencement; 27
38 Section 104B (Starting employment)
s 49 58 s 49
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
(ii) the employee is issued with a negative notice by 1
the commissioner or the application is withdrawn; 2
and 3
(b) the employer may continue to employ the employee 4
until the earlier of the following-- 5
(i) 1 year after the commencement; 6
(ii) the employer is given notice by the commissioner 7
that a negative notice has been issued to the 8
employee or the application is withdrawn. 9
`189 Application of amendment of sch 1 to particular 10
employment 11
`(1) This section applies to a person who, immediately before the 12
commencement of this section, was employed or was 13
continuing to be employed in employment that, after the 14
commencement, is regulated employment mentioned in 15
schedule 1, part 1, section 3, 6C, 6E or 6F.39 16
`(2) To the extent that, under section 127(2), part 6 does not apply 17
to the employment of a person mentioned in subsection (1), 18
section 127(2) no longer applies, or does not apply, to the 19
employment of the person and part 6 applies to the 20
employment of the person. 21
`(3) However, despite part 6 applying to the employment, 22
sections 105 and 10640 do not apply to the employment of the 23
person until the earliest of the following-- 24
(a) 1 year after the commencement; 25
(b) if an application for a prescribed notice about the person 26
is made within that year and is not withdrawn--the day 27
a prescribed notice is issued to the person; 28
39 Schedule 1 (Regulated employment and businesses for employment screening),
part 1 (Regulated employment), section 3 (Schools--employees other than teachers
and parents), 6C (Religious representatives), 6E (Emergency services cadet
program) or 6F (School crossing supervisors)
40 Sections 105 (Continuing employment of certain regular employees) and
106 (Starting employment of certain regular employees)
s 49 59 s 49
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
(c) if an application for a prescribed notice about the person 1
is made within that year and is withdrawn--the day of 2
the withdrawal. 3
`(4) In this section-- 4
employment includes continuing employment. 5
`190 Employment that becomes regulated employment 6
other than employment mentioned in s 189(1) 7
`(1) This section applies to employment of a person that-- 8
(a) was not regulated employment immediately before the 9
commencement of section 189; and 10
(b) is regulated employment after that commencement. 11
`(2) Section 127(2) applies to the employment of the person unless 12
the employment is regulated employment under schedule 1, 13
part 1, section 3, 6C, 6E or 6F. 14
`(3) In this section-- 15
employment includes continuing employment. 16
`191 Carrying on regulated business 17
`(1) This section applies to a person who, immediately before the 18
commencement of this section, was carrying on a business 19
mentioned in schedule 1, part 2, section 12, 13, 14 or 15.41 20
`(2) Sections 109 and 11342 do not apply to the carrying on of the 21
business until the earliest of the following-- 22
(a) 1 year after the commencement of the section; 23
41 Schedule 1 (Regulated employment and businesses for employment screening),
part 2 (Regulated businesses), section 12 (Religious representatives), 13 (Child
accommodation services including home stays), 14 (Sport and active recreation) or
15 (Hostel for children other than residential facility)
42 Sections 109 (Carrying on regulated business) and 113 (Change in criminal history
of person carrying on regulated business)
s 49 60 s 49
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
(b) if the person applies for a prescribed notice within that 1
year and does not withdraw the application--the day a 2
prescribed notice is issued to the person; 3
(c) if the person applies for a prescribed notice within that 4
year but withdraws the application--the day of the 5
withdrawal. 6
`192 Provision because of the definition serious offence 7
`(1) This section applies to a decision made under this Act before 8
the commencement of this section that involved a serious 9
offence as that term was defined before the commencement. 10
`(2) It is declared that the change to the definition does not affect 11
the decision made under this Act before the commencement. 12
`(3) To remove any doubt, it is declared that a person to whom a 13
negative notice was issued because of the decision can not 14
make an application to cancel the notice, as mentioned in 15
section 118(3) or 119(3), before the end of 2 years after the 16
issue of the notice. 17
`193 Issue of positive notice blue card before 18
commencement 19
`(1) This section applies if, before the commencement of this 20
section, the commissioner issued-- 21
(a) a document (however described) that, immediately 22
before the commencement, was a current suitability 23
notice; and 24
(b) a document purporting to be a positive notice blue card 25
(the purported blue card) and the date stated on the 26
document as its expiry date has not happened. 27
`(2) The purported blue card is a positive notice blue card for this 28
Act. 29
`(3) If the expiry date stated on the purported blue card was a day 30
later than the expiry day for the relevant suitability notice, the 31
s 49 61 s 49
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
purported blue card and suitability notice remain current until 1
the date stated in the purported blue card. 2
`(4) Subsection (3) applies despite section 104.43 3
`194 Charge for excluding offence not to apply to 4
particular holders of positive notices 5
`(1) This section applies to a person who, immediately before the 6
commencement of this section-- 7
(a) was the holder of a current positive notice; and 8
(b) had been charged with an offence that has not been dealt 9
with. 10
`(2) If, immediately after the commencement, the offence is an 11
excluding offence, section 119C44 does not apply to the 12
person. 13
`(3) However if, after the commencement, the person is convicted 14
of the excluding offence with which the person was charged 15
before the commencement, or another excluding offence, a 16
court may make a disqualification order under section 126C 17
and section 119A or 119B45 may apply to the person. 18
`195 References to suitability notice 19
`In an Act or document, a reference to a suitability notice may, 20
if the context permits, be taken to be a reference to a 21
prescribed notice.'. 22
43 Section 104 (Currency of prescribed notice and positive notice blue card)
44 Section 119C (Effect of charge for excluding offence pending charge being dealt
with)
45 Section 126C (Lifetime ban order) and section 119A (Cancellation if conviction for
excluding offence and imprisonment or disqualification order) or
119B (Cancellation if conviction for excluding offence but no imprisonment or
disqualification order)
s 50 62 s 50
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
Clause 50 Amendment of sch 1 (Regulated employment and 1
businesses for employment screening) 2
(1) Schedule 1, part 1, section 1-- 3
omit, insert-- 4
`1 Residential facilities 5
`(1) Employment is regulated employment if any of the usual 6
functions of the employment is carried out, or is likely to be 7
carried out, inside-- 8
(a) a residential facility; or 9
(b) another place, other than a residential facility, at which a 10
child accommodation service is provided under funding 11
provided by the Commonwealth or by the department in 12
which the Education (General Provisions) Act 1989 is 13
administered. 14
`(2) However, employment mentioned in subsection (1) is not 15
regulated employment if-- 16
(a) the employer is a government service provider; or 17
(b) the employment is part of a licensed care service as 18
defined under the Child Protection Act 1999.'. 19
(2) Schedule 1, part 1, section 3-- 20
omit, insert-- 21
`3 Schools--employees other than teachers and parents 22
`(1) Employment is regulated employment if the usual functions 23
of the employment include or are likely to include-- 24
(a) providing services at a school that are directed mainly 25
towards children; or 26
(b) conducting activities at a school that mainly involve 27
children. 28
`(2) However, employment mentioned in subsection (1) is not 29
regulated employment if the employee is-- 30
(a) a registered teacher; or 31
(b) a volunteer who is a parent of a child attending the 32
school.'. 33
s 50 63 s 50
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
(3) Schedule 1, part 1, sections 5, 6 and 6A-- 1
omit, insert-- 2
`5 Counselling and support services 3
`(1) Employment is regulated employment if the usual functions 4
of the employment include, or are likely to include, providing 5
counselling or a similar support service to a child in a 6
situation where-- 7
(a) the employee is physically present with the child while 8
no-one else is present; or 9
(b) the employee is not physically present with the child. 10
11
Example for paragraph (b)--
12
employment that includes providing counselling to children over
13
the telephone or via the Internet
`(2) However, employment mentioned in subsection (1) is not 14
regulated employment if-- 15
(a) the employee is a registered health practitioner; or 16
(b) the employment is part of a licensed care service as 17
defined under the Child Protection Act 1999; or 18
(c) the employer is a government service provider and 19
carries on a business that includes providing counselling 20
or a similar support service. 21
`6 Private teaching, coaching or tutoring 22
`(1) Employment is regulated employment if the usual functions 23
of the employment include or are likely to include prescribed 24
teaching. 25
`(2) However, employment mentioned in subsection (1) is not 26
regulated employment if-- 27
(a) the employee is a registered teacher; or 28
(b) the employer is an education provider. 29
`(3) In this section-- 30
s 50 64 s 50
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
prescribed teaching means teaching, coaching or tutoring 1 1
child, or more than 1 child at the same time, on a commercial 2
basis. 3
`6A Education programs conducted outside of school 4
`(1) Employment is regulated employment if the usual functions 5
of the employment include, or are likely to include, providing 6
services or conducting activities for-- 7
(a) an education program under the Education (General 8
Provisions) Act 1989, section 30; or 9
(b) a program, provided by an entity, under arrangements 10
approved under the Education (General Provisions) Act 11
1989, section 114A(1) or 114B(1). 12
`(2) However, employment mentioned in subsection (1) is not 13
regulated employment if-- 14
(a) the employee is a registered teacher; or 15
(b) the employer is a provider under the Youth Participation 16
in Education and Training Act 2003, section 12. 17
`6B Child accommodation services including home stays 18
`(1) Employment is regulated employment if the usual functions 19
of the employment include, or are likely to include, a child 20
accommodation service. 21
`(2) If accommodation constituting a child accommodation service 22
is provided, or is to be provided, by a person in the person's 23
home (a home stay provider), each adult residing in that 24
home, other than the home stay provider, is taken to be a 25
volunteer who is engaged in regulated employment. 26
`(3) However, employment mentioned in subsection (1) or (2) is 27
not regulated employment if-- 28
(a) the home stay provider is a relative of the child who 29
receives the child accommodation service to which the 30
employment relates; or 31
s 50 65 s 50
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
(b) the employer is a government service provider and 1
carries on a business that includes arranging a child 2
accommodation service. 3
`(4) In this section-- 4
home, of a person, includes the person's principal place of 5
residence and any holiday home of the person. 6
`6C Religious representatives 7
`Employment is regulated employment if-- 8
(a) the employee is a religious representative; and 9
(b) the usual functions of the employment include, or are 10
likely to include-- 11
(i) providing services, as a religious representative, 12
directed mainly towards children; or 13
(ii) conducting activities, as a religious representative, 14
mainly involving children. 15
`6D Sport and active recreation 16
`(1) Employment is regulated employment if-- 17
(a) the usual functions of the employment include, or are 18
likely to include-- 19
(i) providing services directed mainly towards 20
children; or 21
(ii) conducting activities mainly involving children; 22
and 23
(b) the services are provided, or the activities are conducted, 24
as part of sport or active recreation. 25
`(2) However, employment mentioned in subsection (1) is not 26
regulated employment if-- 27
(a) the employment takes place at an amusement park; or 28
(b) the employer is a government entity; or 29
(c) the employee is a volunteer who is a parent of a child to 30
whom the services are provided, or in relation to whom 31
s 50 66 s 50
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
the activities are conducted, as part of the sport or active 1
recreation; or 2
(d) the services are provided, or the activities are conducted, 3
by or within a church, club, association or similar entity, 4
as mentioned in section 4(1)(b) of this schedule. 5
`6E Emergency services cadet program 6
`(1) Employment is regulated employment if the usual functions 7
of the employment include or are likely to include-- 8
(a) undertaking the role of an adult member in the cadet 9
program managed by the department responsible for 10
emergency services; and 11
(b) prescribed teaching. 12
`(2) In this section-- 13
prescribed teaching means teaching, coaching or tutoring 1 14
child, or more than 1 child at the same time. 15
`6F School crossing supervisors 16
`Employment is regulated employment if the usual functions 17
of the employment include, or are likely to include, providing 18
services as a crossing supervisor within the meaning of the 19
Transport Operations (Road Use Management) Act 1995, 20
section 138.46'. 21
(4) Schedule 1, part 2, section 8-- 22
insert-- 23
`(2) However, a business mentioned in subsection (1) is not a 24
regulated business if the usual activities mentioned in that 25
subsection are licensed care services as defined under the 26
Child Protection Act 1999.'. 27
(5) Schedule 1, part 2, section 9, from `a child'-- 28
omit, insert-- 29
46 Transport Operations (Road Use Management) Act 1995, section 138 (Scheme to
facilitate children crossing streets)
s 50 67 s 50
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
`1 child, or more than 1 child at the same time, on a 1
commercial basis.'. 2
(6) Schedule 1, part 2, section 9-- 3
insert-- 4
`(2) However, a business mentioned in subsection (1) is not a 5
regulated business if the business is conducted by an 6
education provider.'. 7
(7) Schedule 1, part 2-- 8
insert-- 9
`12 Religious representatives 10
`A business is a regulated business if the usual activities of the 11
business include, or are likely to include, a religious 12
representative-- 13
(a) providing services, as a religious representative, directed 14
mainly towards or involving children; or 15
(b) conducting activities, as a religious representative, 16
directed mainly towards or involving children. 17
`13 Child accommodation services including home stays 18
`(1) A business is a regulated business if the usual activities of the 19
business include, or are likely to include, a child 20
accommodation service and-- 21
(a) the person who carries on the business provides the 22
accommodation that constitutes the child 23
accommodation service in the person's home; or 24
(b) the person who carries on the business provides the 25
child accommodation service under an arrangement 26
organised by a government service provider. 27
`(2) However, a business mentioned in subsection (1) is not a 28
regulated business if the business is conducted at a boarding 29
facility, residential facility or another place of the type 30
mentioned in section 1(1)(b) of this schedule. 31
`(3) In this section-- 32
s 51 68 s 51
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
home, of a person, includes the person's principal place of 1
residence and any holiday home of the person. 2
`14 Sport and active recreation 3
`(1) A business is a regulated business if the usual activities of the 4
business include, or are likely to include, sport or active 5
recreation activities directed mainly towards or involving 6
children. 7
`(2) However, a business mentioned in subsection (1) is not a 8
regulated business if-- 9
(a) the business takes place at an amusement park; or 10
(b) the activities are conducted by or within a church, club, 11
association or similar entity, as mentioned in 12
section 4(1)(b) of this schedule. 13
`15 Hostel for children other than residential facility 14
`(1) A business is a regulated business if the usual activities of the 15
business include, or are likely to include, operating a place, 16
other than a residential facility, at which a child 17
accommodation service is provided under funding provided 18
by the Commonwealth or by the department in which the 19
Education (General Provisions) Act 1989 is administered. 20
`(2) However, a business mentioned in subsection (1) is not a 21
regulated business if the employer is a government service 22
provider.'. 23
Clause 51 Replacement of sch 2 (Other serious offence provisions 24
of the Criminal Code) 25
Schedule 2-- 26
omit, insert-- 27
s 51 69 s 51
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
`Schedule 2 Current serious offences 1
section 99C 2
1 Classification of Computer Games and Images Act 1995
Provision Relevant Limitation relating to the provision of the
of Act heading Act
23 Demonstration of
an objectionable
computer game
before a minor
26(3) Possession of
objectionable
computer game
27(3) Making
and (4) objectionable
computer game
28 Obtaining minor
for objectionable
computer game
2 Classification of Films Act 1991
Provision Relevant Limitation relating to the provision of the
of Act heading Act
41(3) Possession of
objectionable film
42(3) Making
and (4) objectionable film
43 Procurement of
minor for
objectionable film
s 51 70 s 51
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
3 Classification of Publications Act 1991
Provision Relevant Limitation relating to the provision of the
of Act heading Act
12 Sale etc. of Only if an offender was or could have
been liable as mentioned in section 12,
prohibited
penalty, paragraph (c)
publication or child
abuse photograph
13 Possession of Only if an offender was or could have
been liable as mentioned in section 13,
prohibited
penalty, paragraph (c)
publication
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
been liable as mentioned in section 16,
publication or child
penalty, paragraph (c)
abuse photograph
in or on public
place
17 Producing Only if an offender was or could have
been liable as mentioned in section 17(1),
prohibited
penalty, paragraph (c) or 17(2), penalty,
publication
paragraph (c) or the offence is an offence
under section 17(3) or (4)
18 Procurement of
minor for RC
publication or child
abuse photograph
s 51 71 s 51
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
20 Leaving prohibited Only if an offender was or could have
been liable as mentioned in section 20,
publication or child
penalty, paragraph (c)
abuse photograph
in or on private
premises
4 Criminal Code
Provision Relevant Limitation relating to the provision of the
of Act heading Act
208 Unlawful sodomy
209 Attempted sodomy
210 Indecent treatment
of children
under 16
211 Bestiality
213 Owner etc.
permitting abuse of
children on
premises
215 Carnal knowledge
with or of children
under 16
216 Abuse of
intellectually
impaired persons
217 Procuring young
person etc. for
carnal knowledge
218 Procuring sexual
acts by coercion
etc.
s 51 72 s 51
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
218A Using internet etc.
to procure children
under 16
219 Taking child for
immoral purposes
221 Conspiracy to
defile
222 Incest
228 Obscene Only if an offender was or could have
been liable as mentioned in
publications and
section 228(2) or (3)
exhibitions
229B Maintaining a
sexual relationship
with a child
229G Procuring Only if an offender was or could have
been liable as mentioned in 229G(2)
prostitution
229H Knowingly Only if an offender was or could have
been liable as mentioned in 229H(2)
participating in
provision of
prostitution
229I Persons found in Only if an offender was or could have
been liable as mentioned in 229I(2)
places reasonably
suspected of being
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
306 Attempt to murder
s 51 73 s 51
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
309 Conspiring to
murder
313 Killing unborn
child
315 Disabling in order
to commit
indictable offence
316 Stupefying in order
to commit
indictable offence
317 Acts intended to
cause grievous
bodily harm and
other malicious
acts
320A Torture
322 Maliciously
administering
poison with intent
to harm
323A Female genital
mutilation
323B Removal of child
from State for
female genital
mutilation
324 Failure to supply
necessaries
326 Endangering life of
children by
exposure
349 Rape
s 51 74 s 51
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
350 Attempt to commit
rape
351 Assault with intent
to commit rape
352 Sexual assaults
354 Kidnapping
354A Kidnapping for
ransom
363 Child-stealing
363A Abduction of child
under 16
364 Cruelty to children
under 16
409 Definition of Only if an offender was or could have
robbery been liable as mentioned in
section 411(2)
419 Burglary Only if an offender was or could have
been liable as mentioned in
section 419(3)(b)(i) and (ii)
427 Unlawful entry of Only if an offender was or could have
vehicle for been liable as mentioned in
committing section 427(2)(b)(i) or (ii)
indictable offence
5 Drugs Misuse Act 1986
Provision Relevant Limitation relating to the provision of the
of Act heading Act
5 Trafficking in
dangerous drugs
s 51 75 s 51
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
6 Supplying Only if the offence is one of aggravated
dangerous drugs supply as mentioned in section 6(2)
8 Producing Only if an offender was or could have
dangerous drugs been liable for a penalty as mentioned in
section 8, penalty, paragraph (a) or (b)
`Schedule 2A Repealed or expired serious 1
offences 2
section 99C 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
under Twelve to 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
Girls under Ten to 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
Detention with to time before its repeal by the Criminal
Intent to Defile or Code, Evidence Act and Other Acts
in a Brothel Amendment Act 1989
223 Incest by adult As the provision was in force from time
female to time before its repeal by the Criminal
Law Amendment Act 1997
s 51 76 s 51
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
325 Endangering life or As the provision was in force from time
health of to time before its repeal by the Training
apprentices or and Employment Act 2000
servants
344 Aggravated As the provision was in force from
assaults 20 December 1946 to 30 June 1997 if 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 2Aa
a Criminal Law Amendment Act 1945, section 2A was inserted into the Criminal Law
Amendment Act 1945 by the Criminal Law Amendment Act 1996.
1
`Schedule 2B Current serious child-related 2
sexual offences 3
section 99D 4
Criminal Code
Provision of Act Relevant heading
208 Unlawful sodomy
209 Attempted sodomy
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 intellectually impaired persons
217 Procuring young person etc. for carnal knowledge
218 Procuring sexual acts by coercion etc.
s 51 77 s 51
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
219 Taking child for immoral purposes
222 Incest
229B Maintaining a sexual relationship with a child
229G Procuring prostitution
349 Rape
350 Attempt to commit rape
351 Assault with intent to commit rape
352 Sexual assaults
`Schedule 2C Repealed or expired serious 1
child-related sexual offences 2
section 99D 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
under Twelve to 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
Girls under Ten to 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
Detention with to time before its repeal by the Criminal
Intent to Defile or Code, Evidence Act and Other Acts
in a Brothel Amendment Act 1989
s 52 78 s 52
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
223 Incest by adult As the provision was in force from time
female to time before its repeal by the Criminal
Law Amendment Act 1997
344 Aggravated As the provision was in force from
assaults 20 December 1946 to 30 June 1997 if 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'.
Clause 52 Amendment of sch 4 (Dictionary) 1
(1) Schedule 4, definitions current, employing, 2
employment-screening decision, negative notice, positive 3
notice, serious offence, serious offence involving a child, 4
suitability notice and work-- 5
omit. 6
(2) Schedule 4-- 7
insert-- 8
`active recreation, for schedule 1, means a form of physical 9
exertion or activity engaged in for the purpose of relaxation or 10
enjoyment, that is not based on formal competition. 11
amusement park, for schedule 1, includes a park that is 12
permanent or temporary but does not include an amusement 13
arcade. 14
business includes a business or organisation in which profit is 15
not the primary purpose of the activity constituting the 16
business. 17
current, for a prescribed notice or a positive notice blue card, 18
means current under section 104. 19
dealt with, in relation to a charge of an offence, means any of 20
the following-- 21
(a) the person who is charged is convicted or acquitted of 22
the charge; 23
s 52 79 s 52
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
(b) the person who is charged is convicted of another 1
offence in relation to which the acts or omissions were 2
substantially the same as the acts or omissions of the 3
charge of the offence; 4
(c) the charge has been withdrawn or dismissed; 5
(d) a nolle prosequi or no true bill is presented in relation to 6
the charge. 7
disciplinary information means information received by the 8
commissioner under any of the following-- 9
(a) the Child Care Act 2002, section 50A or 107A; 10
(b) the Child Protection Act 1999, section 140A; 11
(c) the Education (Teacher Registration) Act 1988, 12
section 71B;47 13
(d) the Health Practitioners (Professional Standards) Act 14
1999, section 384A;48 15
(e) the Nursing Act 1992, section 139A.49 16
disqualification order see section 126C. 17
education provider means-- 18
(a) a university established by an Act or a law of the 19
Commonwealth or another State; or 20
(b) the university company within the meaning of the Bond 21
University Act 1987; or 22
(c) a registered training organisation within the meaning of 23
the Vocational Education, Training and Employment Act 24
2000, section 19; or 25
47 Education (Teacher Registration) Act 1988, section 71B (Board may notify
Commissioner for Children and Young People and Child Guardian about particular
information)
48 Health Practitioners (Professional Standards) Act 1999, section 384 (Disciplinary
body may notify Commissioner for Children and Young People and Child Guardian
about particular information)
49 Nursing Act 1992, section 139A (Executive officer, council or tribunal may notify
Commissioner for Children and Young People and Child Guardian about particular
information)
s 52 80 s 52
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
(d) an overseas higher education institution within the 1
meaning of the Higher Education (General Provisions) 2
Act 2003, schedule 2 in relation to which there is an 3
approval under part 3 of that Act; or 4
(e) a non-university provider within the meaning of the 5
Higher Education (General Provisions) Act 2003, 6
schedule 2 in relation to which there is an accreditation 7
for an accredited course under part 4 of that Act; or 8
(f) an interstate university within the meaning of the Higher 9
Education (General Provisions) Act 2003, schedule 2 in 10
relation to which there is an approval under section 63 11
of that Act. 12
employment means-- 13
(a) in relation to the engagement of a person under the 14
Child Care Act 2002--see section 99B; or 15
(b) in relation to a trainee student--see sections 99 and 16
99A; or 17
(c) otherwise for part 6, part 9, division 7 or 18
schedule 1--see section 99. 19
employment-screening decision, in relation to a person, 20
means a decision about whether a positive notice or a negative 21
notice should be issued to the person. 22
excluding offence see section 99E. 23
executive officer, of a corporation, means any person, by 24
whatever name called and whether or not the person is a 25
director of the corporation, who is concerned or takes part in 26
the management of the corporation. 27
imprisonment order means an order of a court that convicts a 28
person for an offence, if the order includes a penalty that 29
includes imprisonment for the offence, including 30
imprisonment that is wholly or partially suspended. 31
investigative information, about a person, see section 121A. 32
jurisdiction, other than in relation to this jurisdiction, means 33
the Commonwealth, a State or a foreign jurisdiction. 34
negative notice see section 102(2)(b). 35
s 52 81 s 52
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
police information, about a person, means the following-- 1
(a) the person's criminal history; 2
(b) investigative information about the person. 3
positive notice see section 102(2)(a). 4
positive notice blue card means a document, in the form of a 5
card, issued to a person who is the holder of a current positive 6
notice at or about the time that the person is issued with the 7
positive notice, that includes the following information-- 8
(a) the name of the person who is the holder of the positive 9
notice; 10
(b) a registration number for the person; 11
(c) an expiry date for the positive notice; 12
(d) the signature, or an electronic version of the signature, 13
of the person to whom the positive notice is issued. 14
prescribed notice means a notice issued under section 102(2). 15
religious representative means a person-- 16
(a) who is a member of-- 17
(i) an organised religion; or 18
(ii) a religious group even if the group is not part of, or 19
does not consider itself to be part of, an organised 20
religion; and 21
(b) who, because of the way the organised religion or 22
religious group operates-- 23
(i) holds a position in the religion or group that is 24
supported by the religion or group, including 25
financial support, in a way that allows the person-- 26
(A) to devote himself or herself to promoting the 27
religion's or group's objects or values; and 28
(B) to hold himself or herself out as a 29
representative of the religion or group; or 30
(ii) is training to hold a position mentioned in 31
subparagraph (i). 32
s 53 82 s 53
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
serious child-related sexual offence see section 99D. 1
serious offence see section 99C. 2
sport means a form of human activity capable of achieving a 3
result requiring physical exertion or physical skill that, 4
because of its nature or organisation, is competitive and is 5
generally recognised as sport. 6
trainee student, of an education provider, means a person 7
undertaking a course of study with the education provider. 8
volunteer see section 99F. 9
work, for part 6, includes the provision of a service, or the 10
conduct of an activity-- 11
(a) as part of providing a child accommodation service; or 12
(b) in the course of a religious vocation.'. 13
Clause 53 Amendment of other Acts 14
The schedule amends the Acts mentioned in it. 15
83
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
Schedule Acts amended 1
section 53 2
Child Care Act 2002 3
1 Section 26(2), `suitability'-- 4
omit, insert-- 5
`prescribed'. 6
2 Section 27, heading, `Suitability'-- 7
omit, insert-- 8
`Prescribed'. 9
3 Part 2, division 9, after section 50-- 10
insert-- 11
`50A Chief executive may notify Commissioner for Children 12
and Young People and Child Guardian about 13
particular information 14
`(1) This section applies if the chief executive amends, suspends or 15
revokes a person's licence under section 43, 45 or 46 (a 16
disciplinary action). 17
`(2) If the chief executive reasonably believes the disciplinary 18
action may be relevant to the functions or powers of the 19
children's commissioner under the commissioner's Act, the 20
chief executive may give written notice about the disciplinary 21
action to the children's commissioner. 22
`(3) A notice under subsection (2) must state the following-- 23
(a) the person's name and address and date of birth; 24
(b) the form of disciplinary action and the reasons for it; 25
(c) when the conduct happened that was a ground for the 26
disciplinary action; 27
84
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
Schedule (continued)
(d) the nature of the conduct. 1
`(4) However, the notice must not contain information that 2
identifies, or is likely to identify, a particular child. 3
`(5) In this section-- 4
children's commissioner means the Commissioner for 5
Children and Young People and Child Guardian under the 6
commissioner's Act. 7
commissioner's Act means the Commission for Children and 8
Young People and Child Guardian Act 2000.'. 9
4 Section 54(7) and (8), `suitability'-- 10
omit, insert-- 11
`prescribed'. 12
5 Part 3, division 5, heading, `Suitability'-- 13
omit, insert-- 14
`Prescribed'. 15
6 Sections 74, 80(1) and 97(1), (4) and (5), `suitability'-- 16
omit, insert-- 17
`prescribed'. 18
7 After section 107-- 19
insert-- 20
`107A Chief executive to give notice to the Commissioner for 21
Children and Young People and Child Guardian 22
`(1) If the chief executive gives a person a prohibition notice under 23
this part, the chief executive must give written notice of the 24
decision to the Commissioner for Children and Young People 25
and Child Guardian. 26
85
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
Schedule (continued)
`(2) A notice under subsection (1) about a person must state the 1
following-- 2
(a) the person's name, address and date of birth; 3
(b) the decision and the reasons for the decision of the chief 4
executive and any decision of the tribunal; 5
(c) when the conduct that resulted in the prohibition notice 6
happened; 7
(d) the nature of the conduct. 8
`(3) However, if the conduct relates to a particular child, the notice 9
must not contain information that identifies, or is likely to 10
identify, the child.'. 11
8 Sections 137(1)(d) and 139(1), (2), (3) and (5), 12
`suitability'-- 13
omit, insert-- 14
`prescribed'. 15
9 Section 140, `suitability notice'-- 16
omit, insert-- 17
`prescribed notice'. 18
10 Section 165A, heading, `suitability'-- 19
omit, insert-- 20
`prescribed'. 21
11 Section 165A(1)(b), `suitability'-- 22
omit, insert-- 23
`positive prescribed'. 24
86
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
Schedule (continued)
12 Section 165A(1)(c), `suitability'-- 1
omit, insert-- 2
`prescribed'. 3
13 Section 166, heading, `suitability'-- 4
omit, insert-- 5
`prescribed'. 6
14 Section 166(1)(a), (b) and (2), `suitability'-- 7
omit, insert-- 8
`prescribed'. 9
15 Section 166(3), after `under'-- 10
insert-- 11
`this Act or'. 12
16 Section 166A, heading, `suitability'-- 13
omit, insert-- 14
`prescribed'. 15
17 Section 166A(1)(a), `suitability notice'-- 16
omit, insert-- 17
`positive prescribed notice'. 18
18 Sections 166A(1)(b) and (2) and 184(2),`suitability'-- 19
omit, insert-- 20
`prescribed'. 21
87
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
Schedule (continued)
19 Schedule 2, definitions apply for a suitability notice, 1
disqualified person, negative suitability notice, positive 2
suitability notice and suitability notice-- 3
omit, insert-- 4
`apply for a prescribed notice means apply under the 5
Commission for Children and Young People and Child 6
Guardian Act 2000 for a prescribed notice. 7
disqualified person means a person for whom a negative 8
prescribed notice or a prohibition notice is in force. 9
negative prescribed notice means a negative notice as defined 10
under the Commission for Children and Young People and 11
Child Guardian Act 2000, schedule 4. 12
positive prescribed notice means a positive notice as defined 13
under the Commission for Children and Young People and 14
Child Guardian Act 2000, schedule 4. 15
prescribed notice means a prescribed notice in force under the 16
Commission for Children and Young People and Child 17
Guardian Act 2000.'. 18
Child Protection Act 1999 19
1 After section 140-- 20
insert-- 21
`140A Chief executive may notify Commissioner for Children 22
and Young People and Child Guardian about 23
particular information 24
`(1) This section applies if, in relation to an approved foster carer, 25
the chief executive amends, suspends or cancel the person's 26
authority under section 138 or 140 (a disciplinary action). 27
88
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
Schedule (continued)
`(2) If the chief executive reasonably believes the disciplinary 1
action may be relevant to the functions or powers of the 2
children's commissioner under the commissioner's Act, the 3
chief executive may give written notice about the disciplinary 4
action to the children's commissioner. 5
`(3) A notice under subsection (2) must state the following-- 6
(a) the person's name and address and date of birth; 7
(b) the form of disciplinary action and the reasons for it; 8
(c) when the conduct happened that was a ground for the 9
disciplinary action; 10
(d) the nature of the conduct. 11
`(4) However, the notice must not contain information that 12
identifies, or is likely to identify, a particular child. 13
`(5) In this section-- 14
children's commissioner means the Commissioner for 15
Children and Young People and Child Guardian under the 16
commissioner's Act. 17
commissioner's Act means the Commission for Children and 18
Young People and Child Guardian Act 2000.'. 19
Education (Accreditation of Non-State Schools) 20
Act 2001 21
1 Sections 146(2) and 168, `suitability'-- 22
omit, insert-- 23
`prescribed'. 24
89
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
Schedule (continued)
Education (Teacher Registration) Act 1988 1
1 Section 71B(3), from `is relevant'-- 2
omit, insert-- 3
`is relevant to the functions or powers of the Commissioner 4
for Children and Young People and Child Guardian under the 5
the Commission for Children and Young People and Child 6
Guardian Act 2000, part 6.50'. 7
Health Practitioners (Professional Standards) Act 8
1999 9
1 After section 384-- 10
insert-- 11
`384A Board may notify Commissioner for Children and Young 12
People and Child Guardian about particular information 13
`(1) Subsection (3) applies if-- 14
(a) a disciplinary body conducts disciplinary proceedings 15
about a disciplinary matter concerning the conduct of a 16
person; and 17
(b) after the disciplinary proceedings, the disciplinary body 18
takes disciplinary action in relation to the person. 19
`(2) Subsection (3) also applies if the board decides-- 20
(a) under the immediate suspension part--to suspend a 21
person's registration (immediate suspension); or 22
(b) under section 311--to suspend, cancel, or impose a 23
condition on a person's registration under section 311 (a 24
50 Commission for Children and Young People and Child Guardian Act 2000, part 6
(Screening for regulated employment or regulated businesses)
90
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
Schedule (continued)
section 311 action) because of a similar action under 1
foreign law (the foreign law action). 2
`(3) If the board reasonably believes the action, immediate 3
suspension or section 311 action may be relevant to the 4
children's commissioner's functions or powers under part 6 of 5
the commissioner's Act,51 the board may give written notice 6
about it to the children's commissioner. 7
`(4) A notice under subsection (3) must state the following-- 8
(a) the person's name, address and date of birth; 9
(b) the form or duration of the disciplinary action, 10
immediate suspension or section 311 action that was 11
taken in relation to the person; 12
(c) when the disciplinary matter, or ground for the 13
immediate suspension or foreign law action, happened; 14
(d) the nature of the disciplinary matter, ground for the 15
immediate suspension or foreign law action. 16
`(5) Also, the disciplinary body may give information about a 17
complaint or investigation relevant to the disciplinary matter. 18
`(6) However, if the disciplinary matter, ground for the immediate 19
suspension or section 311 action relates to a particular child, 20
the notice must not contain information that identifies, or is 21
likely to identify, the child. 22
`(7) In this section-- 23
children's commissioner means the Commissioner for 24
Children and Young People and Child Guardian under the 25
commissioner's Act. 26
commissioner's Act means the Commission for Children and 27
Young People and Child Guardian Act 2000.'. 28
51 Commission for Children and Young People and Child Guardian Act 2000, part 6
(Screening for regulated employment or regulated businesses)
91
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
Schedule (continued)
Nursing Act 1992 1
1 After section 139-- 2
insert-- 3
`139A Executive officer or council may notify Commissioner for 4
Children and Young People and Child Guardian about 5
particular information 6
`(1) Subsection (2) applies if-- 7
(a) the council, under section 65, grants limited registration 8
or enrolment in relation to a relevant person, including 9
after cancelling the person's current registration; or 10
(b) the council decides, under section 67, to suspend a 11
relevant person's registration or enrolment (immediate 12
suspension); or 13
(c) the executive officer decides, under section 68, to 14
suspend a relevant person's registration or enrolment 15
(also immediate suspension); or 16
(d) the council, under section 70(1) or (2), cancels or 17
suspends a relevant person's registration or enrolment 18
for a reason mentioned in section 70(1)(c); or 19
(e) the council takes action under section 117(2) to give 20
effect to an order of the tribunal under section 116 about 21
a relevant person's registration or enrolment. 22
`(2) If the council or executive officer reasonably believes the 23
action may be relevant to the children's commissioner's 24
functions or powers under part 6 of the commissioner's Act,52 25
the council or executive officer may give written notice about 26
the action to the children's commissioner. 27
`(3) A notice under subsection (3) must state the following-- 28
(a) the relevant person's name, address and date of birth; 29
52 Commission for Children and Young People and Child Guardian Act 2000, part 6
(Screening for regulated employment or regulated businesses)
92
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
Schedule (continued)
(b) what action was taken in relation to the relevant person, 1
including the nature of the action; 2
(c) when the matter that was the reason for the action 3
happened; 4
(d) the nature of the matter mentioned in paragraph (c). 5
`(4) Also, the council or executive officer may give information 6
about a complaint or investigation relevant to the matter that 7
caused the council or executive officer to take the action. 8
`(5) However, if the matter mentioned in subsection (3)(c) relates 9
to a particular child, the notice must not contain information 10
that identifies, or is likely to identify, the child. 11
`(6) In this section-- 12
children's commissioner means the Commissioner for 13
Children and Young People and Child Guardian under the 14
commissioner's Act. 15
commissioner's Act means the Commission for Children and 16
Young People and Child Guardian Act 2000. 17
relevant person means-- 18
(a) a nurse; or 19
(b) a person authorised to practise nursing or midwifery 20
under section 77(1), (2), (3) or (4).53'. 21
Transport Operations (Passenger Transport) Act 1994 22
1 Schedule 3, definition category B driver disqualifying 23
offence, paragraph (a)-- 24
omit, insert-- 25
53 Under section 77 (Authorisation to practise), a person may be authorised to practise
midwifery, mental health nursing or nursing. Also see section 77(6) for the
application of sections 65 to 73.
93
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
Schedule (continued)
`(a) an offence listed in the Commission for Children and 1
Young People and Child Guardian Act 2000, schedule 2 2
or 2A;'. 3
4
© State of Queensland 2004
AMENDMENTS TO BILL
1
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
Commission for Children and Young
People and Child Guardian Amendment
Bill 2004
Amendments agreed to during Consideration
1 Clause 15--
At page 20, lines 8 to 10--
omit, insert--
`any offence but is aware that there is 1 or more of the
following about the relevant person--
(i) investigative information;
(ii) disciplinary information;
(iii) a charge for an offence other than an excluding
offence;
(iv) a charge for an excluding offence that has been
dealt with other than by a conviction; or
Note for subparagraph (iv)--
See sections 119C and 123(3B) in relation to charges for
excluding offences that have not been dealt with.'.
2 Clause 15--
At page 20, lines 29 to 32--
omit, insert--
`other than an excluding offence dealt with in a way
mentioned in paragraph (a).'.
3 Clause 32--
At page 38, lines 1 to 3--
omit, insert--
2
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
`(c) how long the suspension will continue;'.
4 Clause 32--
At page 38, line 8, `under section 119D'--
omit.
5 Clause 32--
At page 39, after line 19--
insert--
` `(9) Without limiting subsection (3) and despite
section 104(2), a positive notice remains current during the
period of suspension even if it would otherwise end under
section 104(2) during that period.'.
6 Clause 32--
At page 39, lines 22 to 31 and page 40, lines 1 to 5--
omit, insert--
` `(1) This section applies to a positive notice held by a person that
is suspended under section 119C (the suspended notice).
`(2) The suspension is cancelled if--
(a) the suspended notice is cancelled under section 119A(2)
or 119B(2); or
(b) on application by the person for the cancellation of the
suspension and issue of a further prescribed notice, the
commissioner cancels the suspended notice and issues a
further positive notice or a negative notice.
`(3) If, in relation to the charge of an excluding offence that
resulted in the person's positive notice being suspended, the
person--
(a) was not convicted of any offence or was convicted of an
offence that is not a serious offence, the commissioner
must issue a further positive notice unless the
commissioner is satisfied it is an exceptional case in
3
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
which it would not be in the best interests of children for
the commissioner to issue a further positive notice; or
(b) was convicted of a serious offence, the commissioner
must issue a negative notice unless the commissioner is
satisfied it is an exceptional case in which it would not
harm the best interests of children for the commissioner
to issue a further positive notice.
`(3A) If the commissioner is satisfied that--
(a) there is an exceptional case under subsection (3)(a), the
commissioner must issue a negative notice; or
(b) there is an exceptional case under subsection (3)(b), the
commissioner must issue a further positive notice.'.
7 Clause 35--
At page 46, line 30, `or applicant'--
omit, insert--
`, applicant or prescribed notice'.
8 Clause 35--
At page 48, after line 13--
insert--
` `(11) However, subsections (9) and (10) do not apply to
information the police commissioner obtained before the
commissioner gave the information to the police
commissioner under this section.'.'.
9 Clause 37--
At page 50, lines 3 and 4--
omit, insert--
`(b) the offence is a serious offence or serious child-related
sexual offence.'.
4
Commission for Children and Young People and Child
Guardian Amendment Bill 2004
10 Clause 41--
At page 54, line 3, after `person'--
insert--
`stating that the person may never hold a positive notice or
apply for a prescribed notice'.
11 Schedule--
At page 91, lines 17 to 19--
omit, insert--
`(d) the council, under section 70(1)(c) or (2), cancels or
suspends a relevant person's registration or enrolment;
or'.
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