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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Commission for Children and
Young People and Child
Guardian Amendment
Bill 2007
Queensland
Commission for Children and Young
People and Child Guardian Amendment
Bill 2007
Contents
Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Amendment of s 97 (Employment and businesses regulated by
this part) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Replacement of pt 9 heading (Repeal and transitional provisions) 4
5 Insertion of new pt 9, div 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Division 10 Transitional and validation provisions for
Commission for Children and Young People
and Child Guardian Amendment Act 2007
213 Definitions for div 10 . . . . . . . . . . . . . . . . . . . . . . . . . . 5
214 Continuing employment in health, counselling or
support services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
215 Carrying on regulated business providing health,
counselling or support services . . . . . . . . . . . . . . . . . 6
216 Applications and decisions made before the
commencing day relating to health, counselling or
support services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6 Amendment of sch 1 (Regulated employment and businesses
for employment screening) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2007
A Bill
for
An Act to amend the Commission for Children and Young
People and Child Guardian Act 2000
s1 4 s5
Commission for Children and Young People and Child
Guardian Amendment Bill 2007
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 2007. 4
Clause 2 Act amended 5
This Act amends the Commission for Children and Young 6
People and Child Guardian Act 2000. 7
Clause 3 Amendment of s 97 (Employment and businesses 8
regulated by this part) 9
Section 97-- 10
insert-- 11
`(3) This part does not apply to the paid employment of a child 12
merely because help or guidance is given to the child as part 13
of the child's employment.'. 14
Clause 4 Replacement of pt 9 heading (Repeal and transitional 15
provisions) 16
Part 9, heading-- 17
omit, insert-- 18
`Part 9 Transitional and other 19
provisions'. 20
Clause 5 Insertion of new pt 9, div 10 21
Part 9-- 22
insert-- 23
s5 5 s5
Commission for Children and Young People and Child
Guardian Amendment Bill 2007
`Division 10 Transitional and validation 1
provisions for Commission for 2
Children and Young People and 3
Child Guardian Amendment Act 4
2007 5
`213 Definitions for div 10 6
`In this division-- 7
commencing day means the day this section commences. 8
revised regulated business, in relation to a person, means a 9
business carried on by the person that-- 10
(a) was not a regulated business under schedule 1, part 2, 11
section 8, as in force immediately before the 12
commencing day; and 13
(b) is a regulated business under schedule 1, part 2, section 14
8, as in force on the commencing day. 15
revised regulated employment, in relation to a person, means 16
employment of the person that-- 17
(a) was not regulated employment under schedule 1, part 1, 18
section 5, as in force immediately before the 19
commencing day; and 20
(b) is regulated employment under schedule 1, part 1, 21
section 5, as in force on the commencing day. 22
transition period means the period, including a period before 23
the commencing day, ending 3 months after the commencing 24
day. 25
`214 Continuing employment in health, counselling or 26
support services 27
`(1) This section applies if a person whose employment is revised 28
regulated employment does not hold a positive notice. 29
`(2) An employer of the person does not commit an offence 30
against a penalty provision by continuing to employ the 31
person-- 32
s5 6 s5
Commission for Children and Young People and Child
Guardian Amendment Bill 2007
(a) if an application for a prescribed notice about the person 1
has been made within the transition period, and the 2
application is not withdrawn before the commencing 3
day--until the day a prescribed notice is issued to the 4
person; or 5
(b) if an application for a prescribed notice about the person 6
has been made within the transition period, and the 7
application is withdrawn on or after the commencing 8
day--until the day the application is withdrawn; or 9
(c) if an application for a prescribed notice about the person 10
is not made within 3 months after the commencing day 11
and paragraphs (a) and (b) do not apply--until 3 months 12
after the commencing day. 13
`(3) Subsection (2) does not apply to an employer who-- 14
(a) is aware, or becomes aware, that a negative notice has 15
been issued to the person and is current; or 16
(b) receives notice under section 119C(5) or 126B(2)(b) 17
that the person's positive notice is suspended. 18
`(4) In this section-- 19
penalty provision means section 104B or 105(2). 20
`215 Carrying on regulated business providing health, 21
counselling or support services 22
`(1) This section applies to a person who-- 23
(a) carries on a business that is a revised regulated business; 24
and 25
(b) does not hold a prescribed notice. 26
`(2) The person does not commit an offence against section 109 by 27
continuing to carry on the business without a positive notice-- 28
(a) if an application for a prescribed notice for the person 29
has been made within the transition period, and the 30
application is not withdrawn before the commencing 31
day--until the day a prescribed notice is issued to the 32
person; or 33
s5 7 s5
Commission for Children and Young People and Child
Guardian Amendment Bill 2007
(b) if an application for a prescribed notice for the person 1
has been made within the transition period, and the 2
application is withdrawn on or after the commencing 3
day--until the day the application is withdrawn; or 4
(c) if an application for a prescribed notice about the person 5
is not made within 3 months after the commencing day 6
and paragraphs (a) and (b) do not apply--until 3 months 7
after the commencing day. 8
`(3) This section does not limit section 119C(3). 9
`216 Applications and decisions made before the 10
commencing day relating to health, counselling or 11
support services 12
`(1) This section applies to the following-- 13
(a) an application for a prescribed notice made under this 14
Act before the commencing day relating to employment 15
that is revised regulated employment, or carrying on a 16
business that is a revised regulated business, in relation 17
to a person; 18
(b) all matters relating to an application mentioned in 19
paragraph (a), including, for example, decisions about 20
an application made before the commencing day by the 21
commissioner or the Children Services Tribunal. 22
`(2) The application and matters are not invalid merely because the 23
application and matters related to employment that is revised 24
regulated employment, or carrying on a business that is a 25
revised regulated business. 26
`(3) To remove any doubt, it is declared that if, before the 27
commencing day, an application was made to the Children 28
Services Tribunal to review a reviewable decision in relation 29
to an application mentioned in subsection (1)(a), the 30
application must continue to be dealt with on the basis that the 31
decision is not invalid as mentioned in subsection (2).'. 32
s6 8 s6
Commission for Children and Young People and Child
Guardian Amendment Bill 2007
Clause 6 Amendment of sch 1 (Regulated employment and 1
businesses for employment screening) 2
(1) Schedule 1, part 1, section 5-- 3
omit, insert-- 4
`5 Health, counselling and support services 5
`(1) Employment is regulated employment if the usual functions 6
of the employment include, or are likely to include, an 7
employee, other than a registered health practitioner, 8
providing 1 or more of the following-- 9
(a) a health service to a child-- 10
(i) that, by its nature, requires physical contact with 11
the child; or 12
Example for subparagraph (i)-- 13
a person providing massage services to children 14
(ii) if the employee is physically present with the child 15
while no-one else is present; 16
(b) a counselling service to a child-- 17
(i) if the employee is physically present with the child 18
while no-one else is present; or 19
(ii) if the employee is not physically present with the 20
child; 21
Example for subparagraph (ii)-- 22
a counselling service that involves an internet or telephone 23
help line service that provides help to children to resolve 24
personal problems or difficulties 25
(c) a support service to a child-- 26
(i) if the employee is physically present with the child 27
while no-one else is present; or 28
(ii) if the employee is not physically present with the 29
child. 30
Example for paragraph (c)-- 31
a support service providing emotional support for child victims 32
or witnesses in connection with court or other legal proceedings 33
s6 9 s6
Commission for Children and Young People and Child
Guardian Amendment Bill 2007
`(2) However, employment mentioned in subsection (1) is not 1
regulated employment if-- 2
(a) the employee is an Australian lawyer who, under the 3
Legal Profession Act 2007, may engage in legal practice 4
in this State and the employment involves the employee 5
engaging in legal practice; or 6
(b) the employee is a registered teacher and the employment 7
is part of the employee's duties for the school that 8
employs the employee; or 9
(c) the employee is providing the service as part of the 10
employee's employment with a licensed care service; or 11
(d) the employee is a person-- 12
(i) who holds a positive notice under the Disability 13
Services Act 2006 that has not been cancelled or 14
suspended; or 15
(ii) in relation to whom a service provider within the 16
meaning of the Disability Services Act 2006 has 17
applied for a prescribed notice under that Act and 18
the application has not been decided or withdrawn; 19
or 20
(e) the employer is a government service provider. 21
`(3) In this section-- 22
counselling service means a service that provides or purports 23
to provide, on a professional basis, help or guidance to 24
persons to resolve personal, social or emotional problems or 25
difficulties. 26
health service means any of the following-- 27
(a) a service for maintaining, improving, restoring or caring 28
for a person's health or wellbeing that is any of the 29
following-- 30
(i) a service provided at a hospital, community health 31
facility or other health facility; 32
(ii) a medical service; 33
(iii) a service provided by a midwife or nurse within the 34
meaning of the Nursing Act 1992; 35
s6 10 s6
Commission for Children and Young People and Child
Guardian Amendment Bill 2007
(iv) a service provided by a paramedic or ambulance 1
officer; 2
(v) a service providing personal care to a person who 3
is ill, injured or otherwise infirm; 4
Examples of providing personal care-- 5
· help with personal hygiene 6
· help with dressing 7
(vi) a service providing respite care; 8
(vii) a service provided by a practitioner of hypnosis, 9
naturopathy, acupuncture or another form of 10
natural or alternative health care; 11
(viii) a massage service, including a massage service for 12
relaxation; 13
(ix) a service that is of the nature of, and provided as 14
part of, a service provided by a registered health 15
practitioner or a service mentioned in 16
subparagraphs (i) to (viii); 17
Examples for subparagraph (ix)-- 18
· a service provided by a student on a practicum 19
placement as part of the student's training to become a 20
registered health practitioner 21
· a service provided by an aide to a natural or 22
alternative health care practitioner 23
· a service provided by a ward assistant whose duties 24
include lifting and turning bedridden patients or 25
moving patients from place to place in a hospital 26
(b) a service prescribed under a regulation to be a health 27
service. 28
hospital see the Health Quality and Complaints Commission 29
Act 2006, schedule 5. 30
support service means a service that provides emotional 31
support, mentoring or pastoral care, but does not include a 32
legal advice or legal advocacy service.'. 33
(2) Schedule 1, part 2, section 8-- 34
omit, insert-- 35
s6 11 s6
Commission for Children and Young People and Child
Guardian Amendment Bill 2007
`8 Health, counselling and support services 1
`(1) A business is a regulated business if the usual activities of the 2
business include, or are likely to include, a person, other than 3
a registered health practitioner, providing 1 or more of the 4
following-- 5
(a) a health service to a child-- 6
(i) that, by its nature, requires physical contact with 7
the child; or 8
(ii) if the person is physically present with the child 9
while no-one else is present; 10
(b) a counselling service to a child-- 11
(i) if the person is physically present with the child 12
while no-one else is present; or 13
(ii) if the person is not physically present with the 14
child; 15
(c) a support service to a child-- 16
(i) if the person is physically present with the child 17
while no-one else is present; or 18
(ii) if the person is not physically present with the 19
child. 20
`(2) However, a business mentioned in subsection (1) is not a 21
regulated business if the business is-- 22
(a) a licensed care service; or 23
(b) a government service provider. 24
`(3) In this section-- 25
counselling service means a service that provides or purports 26
to provide, on a professional basis, help or guidance to 27
persons to resolve personal, social or emotional problems or 28
difficulties. 29
health service means any of the following-- 30
(a) a service for maintaining, improving, restoring or caring 31
for a person's health or wellbeing that is any of the 32
following-- 33
s6 12 s6
Commission for Children and Young People and Child
Guardian Amendment Bill 2007
(i) a service provided at a hospital, community health 1
facility or other health facility; 2
(ii) a medical service; 3
(iii) a service provided by a midwife or nurse within the 4
meaning of the Nursing Act 1992; 5
(iv) a service provided by a paramedic or ambulance 6
officer; 7
(v) a service providing personal care to a person who 8
is ill, injured or otherwise infirm; 9
Examples of providing personal care-- 10
· help with personal hygiene 11
· help with dressing 12
(vi) a service providing respite care; 13
(vii) a service provided by a practitioner of hypnosis, 14
naturopathy, acupuncture or another form of 15
natural or alternative health care; 16
(viii) a massage service, including a massage service for 17
relaxation; 18
(ix) a service that is of the nature of, and provided as 19
part of, a service provided by a registered health 20
practitioner or a service mentioned in 21
subparagraphs (i) to (viii); 22
Examples for subparagraph (ix)-- 23
· a service provided by a student on a practicum 24
placement as part of the student's training to become a 25
registered health practitioner 26
· a service provided by an aide to a natural or 27
alternative health care practitioner 28
· a service provided by a ward assistant whose duties 29
include lifting and turning bedridden patients or 30
moving patients from place to place in a hospital 31
(b) a service prescribed under a regulation to be a health 32
service. 33
hospital see the Health Quality and Complaints Commission 34
Act 2006, schedule 5. 35
s6 13 s6
Commission for Children and Young People and Child
Guardian Amendment Bill 2007
support service means a service that provides emotional 1
support, mentoring or pastoral care, but does not include a 2
legal advice or legal advocacy service.'. 3
© State of Queensland 2007
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