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Queensland
EDUCATION AND OTHER
LEGISLATION (STUDENT
PROTECTION) AMENDMENT
BILL 2003
Queensland
EDUCATION AND OTHER LEGISLATION
(STUDENT PROTECTION) AMENDMENT
BILL 2003
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
PART 2--AMENDMENT OF COMMISSION FOR CHILDREN
AND YOUNG PEOPLE ACT 2000
3 Act amended in pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Amendment of s 102 (Decision on application) . . . . . . . . . . . . . . . . . . . . . . 6
5 Amendment of s 103 (Commissioner to invite submissions from
person about criminal history). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6 Amendment of s 119 (Cancellation of notice--wrong or
incomplete information) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
7 Insertion of new pt 9, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Division 5--Transitional provisions for Education and Other Legislation
(Student Protection) Amendment Act 2003
179 Definitions for div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
180 Outstanding applications for suitability notice . . . . . . . . . . . . . . . . . 8
181 Employment mentioned in sch 1, s 6A . . . . . . . . . . . . . . . . . . . . . . . 8
182 Carrying on business mentioned in sch 1, s 11 . . . . . . . . . . . . . . . . . 9
8 Amendment of sch 1 (Regulated employment and businesses for
employment screening) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
9 Amendment of sch 4 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
PART 3--AMENDMENT OF CRIMINAL LAW
(REHABILITATION OF OFFENDERS) ACT 1986
10 Act amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
2
Education and Other Legislation (Student Protection)
Amendment Bill 2003
11 Amendment of s 9A (Disclosure of particulars in special cases) . . . . . . . . . 11
PART 4--AMENDMENT OF EDUCATION (GENERAL
PROVISIONS) ACT 1989
12 Act amended in pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
13 Amendment of s 2 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
14 Insertion of new ss 146A and 146B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
146A Obligation to report sexual abuse of student under 18 years
attending State school . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
146B Obligation to report sexual abuse of student under 18 years
attending non-State school. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
PART 5--AMENDMENT OF EDUCATION (TEACHER
REGISTRATION) ACT 1988
15 Act amended in pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
16 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
17 Insertion of new s 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
5A Primary considerations of board in registration of teachers . . . . . . . 17
18 Amendment of s 10 (Disqualification from office) . . . . . . . . . . . . . . . . . . . . 17
19 Amendment of s 17 (Quorum and business of the board). . . . . . . . . . . . . . . 17
20 Amendment of s 36 (Two types of applications may be made to board) . . . 17
21 Amendment of s 37 (Good character of each applicant to be assessed) . . . . 18
22 Insertion of new s 37A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
37A Criminal history check etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
23 Amendment of s 41 (Board can not be satisfied about application if
its request not met) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
24 Insertion of new pt 4, divs 3A and 3B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Division 3A--Disclosure about change in criminal history
42A Registered teacher must disclose changes in criminal history. . . . . . 21
42B Requirements for disclosure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
42C Notice of change in criminal history . . . . . . . . . . . . . . . . . . . . . . . . . 22
Division 3B--Controls on use of information about criminal history and
particular investigations
42D Use of information received. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
42E Person to be advised of information received . . . . . . . . . . . . . . . . . . 23
42F Guidelines for dealing with information . . . . . . . . . . . . . . . . . . . . . . 23
3
Education and Other Legislation (Student Protection)
Amendment Bill 2003
25 Amendment of s 44 (Duty of registered teacher convicted of
indictable offence etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
26 Amendment of s 44A (Employing authority to notify board about
sexual allegation in certain circumstances) . . . . . . . . . . . . . . . . . . . . . . . . . . 24
27 Amendment of s 44B (Prosecuting authority to notify board about
committal, conviction etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
28 Amendment of s 44C (Board must consider notices under ss 44A and
44B and decide if inquiry necessary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
29 Insertion of new pt 4, div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Division 7--Immediate suspension of registration
49A Immediate suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
30 Amendment of s 50 (Board may conduct inquiry about certain persons). . . 27
31 Insertion of new s 50A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
50A When board must conduct inquiry. . . . . . . . . . . . . . . . . . . . . . . . . . . 27
32 Amendment of s 51 (Board may conduct inquiry itself or appoint a
committee of inquiry) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
33 Replacement of s 52 (Constitution of committee for inquiry) . . . . . . . . . . . 28
52 Membership of committee of inquiry . . . . . . . . . . . . . . . . . . . . . . . . 28
34 Amendment of s 53 (Notice of inquiry) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
35 Amendment of s 70 (Board may order cancellation of registration etc.) . . . 29
36 Insertion of new s 70A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
70A Board must order cancellation of registration in particular
circumstances ........................................ 29
37 Amendment of s 71 (Notice of board's order) . . . . . . . . . . . . . . . . . . . . . . . 30
38 Insertion of new ss 71A and 71B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
71A Board may notify other entities about decision or order . . . . . . . . . . 30
71B Board may notify commissioner for children and young people
about particular information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
39 Amendment of s 72 (Appeals). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
40 Insertion of new ss 74A74E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
74A Confidentiality of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
74B Protection of board members from liability. . . . . . . . . . . . . . . . . . . . 34
74C Effect of suspension. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
74D Recording of suspension in register. . . . . . . . . . . . . . . . . . . . . . . . . . 34
4
Education and Other Legislation (Student Protection)
Amendment Bill 2003
74E Application of Criminal Law (Rehabilitation of Offenders) Act 1986 34
41 Insertion of new pt 8, div 4 and schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Division 4--Transitional provisions for Education and Other Legislation
(Student Protection) Amendment Act 2003
96 Definition for div 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
97 Outstanding applications for registration or applications for
restoration ......................................... 35
98 Incomplete inquiries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
SCHEDULE
SERIOUS OFFENCE PROVISIONS OF THE CRIMINAL CODE
2003
A BILL
FOR
An Act to amend Acts administered by the Minister for Education, and
for other purposes
s1 6 s4
Education and Other Legislation (Student Protection)
Amendment Bill 2003
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title
Clause 3
This Act may be cited as the Education and Other Legislation (Student 4
Protection) Amendment Act 2003. 5
2 Commencement
Clause 6
This Act commences on a day to be fixed by proclamation. 7
PART 2--AMENDMENT OF COMMISSION FOR 8
CHILDREN AND YOUNG PEOPLE ACT 2000 9
3 Act amended in pt 2
Clause 10
This part amends the Commission for Children and Young People Act 11
2000. 12
4 Amendment of s 102 (Decision on application)
Clause 13
(1) Section 102(2), after `offence'-- 14
insert-- 15
`or any teacher registration information about the person'. 16
(2) Section 102(3), after `an offence'-- 17
insert-- 18
`or any teacher registration information about the person'. 19
s5 7 s6
Education and Other Legislation (Student Protection)
Amendment Bill 2003
5 Amendment of s 103 (Commissioner to invite submissions from
Clause 1
person about criminal history) 2
(1) Section 103, heading, `criminal history'-- 3
omit, insert-- 4
`particular information'. 5
(2) Section 103(1)(a)-- 6
omit, insert-- 7
`(a) stating the following-- 8
(i) information about the person's criminal history of which the 9
commissioner is aware; 10
(ii) any teacher registration information about the person; and'. 11
6 Amendment of s 119 (Cancellation of notice--wrong or
Clause 12
incomplete information) 13
(1) Section 119, heading, `wrong or incomplete'-- 14
omit, insert-- 15
`wrong, incomplete or new'. 16
(2) Section 119-- 17
insert-- 18
`(1A) Also, the commissioner may cancel a positive notice about a 19
person and substitute a negative notice (also the "new notice"), having 20
regard to any of the following information about the person-- 21
(a) teacher registration information; 22
(b) information received by the commissioner under 23
section 122A(1).'. 24
(3) Section 119(2), after `103'-- 25
insert-- 26
`, as if-- 27
(a) the reference in section 103(1) to deciding the application by 28
issuing a negative notice were a reference to substituting a 29
negative notice for a positive notice; and 30
s7 8 s7
Education and Other Legislation (Student Protection)
Amendment Bill 2003
(b) the reference in section 103(3) to deciding the application were a 1
reference to substituting a negative notice for a positive notice.'. 2
7 Insertion of new pt 9, div 5
Clause 3
After section 178-- 4
insert-- 5
`Division 5--Transitional provisions for Education and Other 6
Legislation (Student Protection) Amendment Act 2003 7
`179 Definitions for div 5 8
`In this division-- 9
"amending Act" means the Education and Other Legislation (Student 10
Protection) Amendment Act 2003. 11
"commencement" means commencement of this section. 12
`180 Outstanding applications for suitability notice 13
`If an application for a suitability notice was made, but not decided, 14
before the commencement, the application must be decided as if the 15
application had been made after the commencement. 16
`181 Employment mentioned in sch 1, s 6A 17
`(1) This section applies if a person (the "employee"), immediately 18
before the commencement, was employed by another person (the 19
"employer") in employment mentioned in schedule 1, section 6A.1 20
`(2) Section 127(2) does not apply to the employment of the employee. 21
`(3) Subject to subsections (4) and (5), section 1052 does not apply to the 22
continued employment of the employee by the employer during the period 23
ending 3 months after the commencement (the "3 months period"). 24
1 Schedule 1 (Regulated employment and businesses for employment screening),
section 6A (Education programs conducted outside of school)
2 Section 105 (Continuing employment of certain regular employees)
s7 9 s7
Education and Other Legislation (Student Protection)
Amendment Bill 2003
`(4) Subsection (5) applies if the employer, while continuing to employ 1
the employee, applies for a suitability notice about the employee during the 2
3 months period. 3
`(5) Section 105 does not apply to the continued employment of the 4
employee by the employer until-- 5
(a) if the application is withdrawn--the day of the withdrawal; or 6
(b) the day the employer receives a suitability notice about the 7
employee, after the application is decided. 8
`182 Carrying on business mentioned in sch 1, s 11 9
`(1) This section applies to a person who, immediately before the 10
commencement, was carrying on a business mentioned in schedule 1, 11
section 11.3 12
`(2) Subject to subsections (3) and (4), the person does not commit an 13
offence against section 1094 by continuing to carry on the business without 14
a current positive notice during the period ending 3 months after the 15
commencement (the "3 months period"). 16
`(3) Subsection (4) applies if the person, while continuing to carry on the 17
business, applies for a suitability notice about the person during the 18
3 months period. 19
`(4) The person does not commit an offence against section 109 by 20
continuing to carry on the business without a current positive notice until-- 21
(a) if the application is withdrawn--the day of the withdrawal; or 22
(b) the day the person receives a suitability notice, after the 23
application is decided.'. 24
3 Schedule 1 (Regulated employment and businesses for employment screening),
section 11 (Education programs conducted outside of school)
4 Section 109 (Carrying on regulated business)
s8 10 s8
Education and Other Legislation (Student Protection)
Amendment Bill 2003
8 Amendment of sch 1 (Regulated employment and businesses for
Clause 1
employment screening) 2
(1) Schedule 1-- 3
insert-- 4
`6A Education programs conducted outside of school 5
`Employment is regulated employment if-- 6
(a) the usual functions of the employment include, or are likely to 7
include, providing services or conducting activities for-- 8
(i) an education program under the Education (General 9
Provisions) Act 1989, section 30;5 or 10
(ii) a program, provided by an entity, under arrangements 11
approved under the Education (General Provisions) Act 12
1989, section 114A(1) or 114B(1);6 and 13
(b) the employee is not a registered teacher; and 14
(c) the employer is not a provider under the Youth Participation in 15
Education and Training Act 2003, section 12.'. 16
(2) Schedule 1-- 17
insert-- 18
`11 Education programs conducted outside of school 19
`A business is a regulated business if-- 20
(a) the usual activities of the business include, or are likely to 21
include, providing services or conducting activities for-- 22
(i) an education program under the Education (General 23
Provisions) Act 1989, section 30; or 24
(ii) a program provided, by the entity carrying on the business, 25
under arrangements approved under the Education (General 26
Provisions) Act 1989, section 114A(1) or 114B(1); and 27
5 Education (General Provisions) Act 1989, section 30 (Placement of certain students
in alternative education program)
6 Education (General Provisions) Act 1989, section 114A (Flexible
arrangements--non-State school) or 114B (Flexible arrangements--State
educational institution)
s9 11 s 11
Education and Other Legislation (Student Protection)
Amendment Bill 2003
(b) the entity carrying on the business is not a provider under the 1
Youth Participation in Education and Training Act 2003, 2
section 12.'. 3
9 Amendment of sch 4 (Dictionary)
Clause 4
Schedule 4-- 5
insert-- 6
` "teacher registration information", about a person, means information 7
about the person received by the commissioner under the Education 8
(Teacher Registration) Act 1988, section 71B.'. 9
PART 3--AMENDMENT OF CRIMINAL LAW 10
(REHABILITATION OF OFFENDERS) ACT 1986 11
10 Act amended in pt 3
Clause 12
This part amends the Criminal Law (Rehabilitation of Offenders) Act 13
1986. 14
11 Amendment of s 9A (Disclosure of particulars in special cases)
Clause 15
(1) Section 9A(1), table, column 1, item 5(1)-- 16
omit. 17
(2) Section 9A(1), table, column 1, item 5(2), `(2)'-- 18
omit. 19
s 12 12 s 14
Education and Other Legislation (Student Protection)
Amendment Bill 2003
PART 4--AMENDMENT OF EDUCATION (GENERAL 1
PROVISIONS) ACT 1989 2
12 Act amended in pt 4
Clause 3
This part amends the Education (General Provisions) Act 1989. 4
13 Amendment of s 2 (Interpretation)
Clause 5
(1) Section 2(1), definition "principal"-- 6
omit. 7
(2) Section 2(1)-- 8
insert-- 9
` "employee", of a non-State school or State school, means a person 10
engaged to carry out work at the school for financial reward. 11
"principal", of a non-State school with no position by that name, means 12
the person responsible for the school's day-to-day management. 13
"reasonably suspects" means suspects on grounds that are reasonable in 14
the circumstances.'. 15
14 Insertion of new ss 146A and 146B
Clause 16
Part 9, after section 146-- 17
insert-- 18
`146A Obligation to report sexual abuse of student under 18 years 19
attending State school 20
`(1) Subsection (2) applies if a staff member of a State school (the "first 21
person") becomes aware, or reasonably suspects, that a student under 22
18 years attending the school has been sexually abused by someone else 23
who is an employee of the school. 24
`(2) The first person must give a written report about the abuse, or 25
suspected abuse, to the school's principal or the principal's supervisor-- 26
(a) immediately; and 27
s 14 13 s 14
Education and Other Legislation (Student Protection)
Amendment Bill 2003
(b) if a regulation is in force under subsection (3), as provided under 1
the regulation. 2
Maximum penalty--20 penalty units. 3
`(3) A regulation may prescribe the particulars the report must include. 4
`(4) A school's principal or a principal's supervisor must immediately 5
give a copy of a report given to the principal or supervisor under 6
subsection (2) to the chief executive's nominee. 7
Maximum penalty--20 penalty units. 8
`(5) The chief executive's nominee must immediately give a copy of a 9
report given to the nominee under subsection (4) to a police officer. 10
Maximum penalty--20 penalty units. 11
`(6) A person who makes a report under subsection (2), or gives a copy 12
of a report under subsection (4) or (5), is not liable, civilly, criminally or 13
under an administrative process, for giving the information contained in the 14
report to someone else. 15
`(7) Without limiting subsection (6)-- 16
(a) in a proceeding for defamation, the person has a defence of 17
absolute privilege for publishing the information; and 18
(b) if the person would otherwise be required to maintain 19
confidentiality about the given information under an Act, oath, 20
rule of law or practice--the person does not contravene the 21
requirement by giving the information. 22
`146B Obligation to report sexual abuse of student under 18 years 23
attending non-State school 24
`(1) Subsection (2) applies if a staff member of a non-State school (the 25
"first person") becomes aware, or reasonably suspects, that a student 26
under 18 years attending the school has been sexually abused by someone 27
else who is an employee of the school. 28
`(2) The first person must give a written report about the abuse, or 29
suspected abuse, to the school's principal or a director of the school's 30
governing body-- 31
(a) immediately; and 32
s 14 14 s 14
Education and Other Legislation (Student Protection)
Amendment Bill 2003
(b) if a regulation is in force under subsection (3), as provided under 1
the regulation. 2
Maximum penalty--20 penalty units. 3
`(3) A regulation may prescribe the particulars the report must include. 4
`(4) A non-State school's principal or a director of a non-State school's 5
governing body must immediately give a copy of a report given to the 6
principal or director under subsection (2) to a police officer. 7
Maximum penalty--20 penalty units. 8
`(5) A person who makes a report under subsection (2), or gives a copy 9
of a report under subsection (4), is not liable, civilly, criminally or under an 10
administrative process, for giving the information contained in the report to 11
someone else. 12
`(6) Without limiting subsection (5)-- 13
(a) in a proceeding for defamation, the person has a defence of 14
absolute privilege for publishing the information; and 15
(b) if the person would otherwise be required to maintain 16
confidentiality about the given information under an Act, oath, 17
rule of law or practice--the person does not contravene the 18
requirement by giving the information. 19
`(7) In this section-- 20
"director", of a non-State school's governing body, means-- 21
(a) if the governing body is a company under the Corporations 22
Act--a person appointed as a director of the governing body; or 23
(b) otherwise--a person who is, or is a member of, the executive or 24
management entity, by whatever name called, of the governing 25
body.'. 26
s 15 15 s 16
Education and Other Legislation (Student Protection)
Amendment Bill 2003
PART 5--AMENDMENT OF EDUCATION (TEACHER 1
REGISTRATION) ACT 1988 2
15 Act amended in pt 5
Clause 3
This part amends the Education (Teacher Registration) Act 1988. 4
16 Amendment of s 2 (Definitions)
Clause 5
Section 2-- 6
insert-- 7
` "charge", in relation to a charge made outside Queensland, means any 8
allegation of an offence made in a way that is the same as, or 9
substantially the same as, a charge under the law of the State. 10
"criminal history", of a person, means all the following-- 11
(a) every conviction of the person for an offence, in Queensland or 12
elsewhere, at any time and whether before or after the 13
commencement of this Act as passed or any amendment of this 14
Act; 15
(b) every charge made against the person for an offence, in 16
Queensland or elsewhere, at any time and whether before or after 17
the commencement of this Act as passed or any amendment of 18
this Act and whatever the outcome of the charge. 19
"foreign regulatory authority" means-- 20
(a) an interstate regulatory authority; or 21
(b) an entity established under a law applying in a foreign country, 22
other than New Zealand, having functions similar to the board's 23
functions under this Act. 24
s 16 16 s 16
Education and Other Legislation (Student Protection)
Amendment Bill 2003
"harm", to a child, see the Child Protection Act 1999, section 9.7 1
"indictable offence" includes an indictable offence dealt with summarily, 2
whether or not the Criminal Code, section 659,8 applies to the 3
indictable offence. 4
"interstate regulatory authority" means an entity established under the 5
law of another State or New Zealand having functions similar to the 6
functions of the board under this Act. 7
"serious offence" means-- 8
(a) an offence against a provision mentioned in the schedule to the 9
Penalties and Sentences Act 1992;9 or 10
(b) an offence against a provision of the Criminal Code mentioned in 11
the schedule; or 12
(c) an offence of counselling or procuring the commission of, or 13
attempting or conspiring to commit, an offence mentioned in 14
paragraph (a) or (b); or 15
(d) an offence against a law of another jurisdiction that substantially 16
corresponds to an offence mentioned in paragraphs (a) to (c).'. 17
7 Child Protection Act 1999, section 9--
9 What is "harm"
(1) "Harm", to a child, is any detrimental effect of a significant nature on the
child's physical, psychological or emotional wellbeing.
(2) It is immaterial how the harm is caused.
(3) Harm can be caused by--
(a) physical, psychological or emotional abuse or neglect; or
(b) sexual abuse or exploitation.
8 Criminal Code, section 659 (Effect of summary conviction for indictable offences)
9 Penalties and Sentences Act 1992, schedule (Serious violent offences)
s 17 17 s 20
Education and Other Legislation (Student Protection)
Amendment Bill 2003
17 Insertion of new s 5A
Clause 1
After section 5-- 2
insert-- 3
`5A Primary considerations of board in registration of teachers 4
`In performing its functions relating to the registration of persons as 5
teachers, the welfare and best interests of children are to be primary 6
considerations of the board.'. 7
18 Amendment of s 10 (Disqualification from office)
Clause 8
Section 10(b), `whether on indictment or summarily,'-- 9
omit. 10
19 Amendment of s 17 (Quorum and business of the board)
Clause 11
Section 17-- 12
insert-- 13
`(3A) A resolution is validly made by the board, even if it is not passed 14
at a board meeting, if-- 15
(a) a majority of the board members gives written agreement to the 16
resolution; and 17
(b) written notice of the resolution is given under procedures 18
approved by the board.'. 19
20 Amendment of s 36 (Two types of applications may be made to
Clause 20
board) 21
Section 36-- 22
insert-- 23
`(3) The approved form may require the disclosure of the applicant's 24
criminal history. 25
`(4) If the approved form requires the disclosure of the applicant's 26
criminal history, the Criminal Law (Rehabilitation of Offenders) Act 1986 27
does not apply to the disclosure.'. 28
s 21 18 s 21
Education and Other Legislation (Student Protection)
Amendment Bill 2003
21 Amendment of s 37 (Good character of each applicant to be
Clause 1
assessed) 2
(1) Section 37(2), `registration'-- 3
omit, insert-- 4
`the purpose of registration as a teacher'. 5
(2) Section 37(2)(a), `the applicant's criminal history'-- 6
omit, insert-- 7
`the applicant's criminal history, and any information about the 8
applicant received by the board under section 37A(3)'. 9
(3) Section 37(2)(b)-- 10
renumber as section 37(2)(d). 11
(4) Section 37(2)-- 12
insert-- 13
`(b) must consider whether the applicant is a suitable person to work 14
in a child-related field; and 15
(c) if the applicant has been registered under this Act or a former Act 16
or is, or has been, registered under a corresponding law and the 17
registration was affected-- 18
(i) by the imposition of a condition--may have regard to the 19
nature of the condition and the reason for its imposition; or 20
(ii) by its suspension or cancellation--may have regard to the 21
reason for its suspension or cancellation; or 22
(iii) in another way--may have regard to the way it was affected 23
and the reason for it being affected; and'. 24
(5) Section 37(3) to (7)-- 25
omit, insert-- 26
`(3) Without limiting subsection (2), the applicant is not of good 27
character for the purpose of registration as a teacher if the applicant-- 28
(a) behaves in a way that does not satisfy a standard of behaviour 29
generally expected of a teacher; or 30
(b) otherwise behaves in a disgraceful or improper way that shows 31
the applicant is unfit to be registered as a teacher. 32
s 22 19 s 22
Education and Other Legislation (Student Protection)
Amendment Bill 2003
`(4) If the board is aware that the applicant's criminal history includes a 1
conviction for a serious offence, the board must decide that the applicant is 2
not a suitable person to work in a child-related field, unless the board is 3
satisfied it is an exceptional case in which it would not harm the best 4
interests of children for the applicant to work in a child-related field. 5
`(5) The Criminal Law (Rehabilitation of Offenders) Act 1986 does not 6
apply in relation to the board's decision under subsection (4). 7
`(6) Subsections (2) and (3) and, subject to subsection (7), section 37A 8
apply as if-- 9
(a) an applicant for registration or restoration were a registered 10
teacher; and 11
(b) the reference to good character for the purpose of registration as 12
a teacher were a reference to good character for the purpose of 13
continuing registration as a teacher. 14
`(7) For subsection (6), in applying section 37A(1), section 37A(1) is 15
taken to confer on the board a discretion, as opposed to a requirement, to 16
ask the commissioner of the police service to give the board a written 17
report about the criminal history of a registered teacher. 18
`(8) In this section-- 19
"corresponding law" means a law applying, or that applied, in another 20
State, the Commonwealth or a foreign country that provides, or 21
provided, for the same matter as this Act or a provision of this Act. 22
"former Act" means a repealed Act, or repealed provisions of an Act, that 23
provided for the same matter as this Act or a provision of this Act.'. 24
22 Insertion of new s 37A
Clause 25
After section 37-- 26
insert-- 27
`37A Criminal history check etc. 28
`(1) The board must ask the commissioner of the police service to give 29
the board a written report about the criminal history of an applicant for 30
registration or restoration. 31
`(2) Also, the board may ask the commissioner of the police service to 32
give the board the following information about the applicant-- 33
s 22 20 s 22
Education and Other Legislation (Student Protection)
Amendment Bill 2003
(a) a brief description of the circumstances of a conviction or charge, 1
for an offence, mentioned in the applicant's criminal history; 2
(b) if the board has information suggesting the applicant may not be 3
a suitable person to work in a child-related field--information 4
about any investigation relating to the possible commission of a 5
serious offence by the applicant. 6
`(3) Subject to subsections (4) and (5), the commissioner of the police 7
service must comply with a request under subsection (1) or (2). 8
`(4) The duty imposed on the commissioner of the police service to 9
comply with the request-- 10
(a) applies only to information in the possession of the 11
commissioner or to which the commissioner has access; and 12
(b) in relation to information mentioned in 13
subsection (2)(b)--applies only to information recorded on a 14
central electronic database kept by the commissioner. 15
`(5) The commissioner of the police service must not give information 16
about an investigation relating to the possible commission of a serious 17
offence by the applicant if-- 18
(a) the commissioner is reasonably satisfied that giving the 19
information-- 20
(i) may prejudice or otherwise hinder an investigation to which 21
the information may be relevant; or 22
(ii) may lead to the identification of an informant; or 23
(iii) may affect the safety of a police officer, complainant or 24
other person; or 25
(b) for an investigation that has been completed--the investigation 26
has not led, and the commissioner is reasonably satisfied it is 27
unlikely to lead, to a reasonable suspicion that the applicant 28
committed a serious offence; or 29
(c) for an investigation that has not been completed--the 30
commissioner is reasonably satisfied the investigation is unlikely 31
to lead to a reasonable suspicion that the applicant committed a 32
serious offence. 33
s 23 21 s 24
Education and Other Legislation (Student Protection)
Amendment Bill 2003
`(6) The Criminal Law (Rehabilitation of Offenders) Act 1986 does not 1
apply to the asking for, or giving of, the information mentioned in 2
subsection (1) or (2).'. 3
23 Amendment of s 41 (Board can not be satisfied about application
Clause 4
if its request not met) 5
Section 41(1)(a), `to be'-- 6
omit, insert-- 7
`for the purpose of being'. 8
24 Insertion of new pt 4, divs 3A and 3B
Clause 9
After section 42-- 10
insert-- 11
`Division 3A--Disclosure about change in criminal history 12
`42A Registered teacher must disclose changes in criminal history 13
`(1) If there is a change in a registered teacher's criminal history, the 14
teacher must immediately disclose to the board the details of the change. 15
Maximum penalty--20 penalty units. 16
`(2) For a registered teacher who does not have a criminal history, there 17
is taken to be a change in the teacher's criminal history if the teacher 18
acquires a criminal history. 19
`(3) The Criminal Law (Rehabilitation of Offenders) Act 1986 does not 20
apply to the giving of a disclosure under subsection (1). 21
`42B Requirements for disclosure 22
`(1) To comply with section 42A(1), a person must give the board a 23
disclosure in the approved form. 24
`(2) The information disclosed by a person about a conviction or charge 25
for an offence in the person's criminal history must include-- 26
(a) the existence of the conviction or charge; and 27
s 24 22 s 24
Education and Other Legislation (Student Protection)
Amendment Bill 2003
(b) when the offence was committed or alleged to have been 1
committed; and 2
(c) details sufficient to identify the offence or alleged offence; and 3
(d) for a conviction, whether or not a conviction was recorded and 4
the sentence imposed on the person. 5
`42C Notice of change in criminal history 6
`(1) If the commissioner of the police service reasonably suspects that a 7
person who is charged with an offence is a registered teacher, the 8
commissioner may notify the board about the change in the person's 9
criminal history. 10
`(2) The notice must state the following-- 11
(a) the person's name and address; 12
(b) the person's date of birth; 13
(c) the offence the person is charged with; 14
(d) particulars of the offence; 15
(e) the date of the charge. 16
`(3) The board may confirm the suspicions of the commissioner of the 17
police service under subsection (1). 18
`(4) If the person is a registered teacher, the board, on receiving a notice 19
under subsection (1) about the person, may write to the person to inform 20
the person of the person's obligation under section 42A(1). 21
`(5) The Criminal Law (Rehabilitation of Offenders) Act 1986 does not 22
apply to the giving of a notification under subsection (1). 23
`Division 3B--Controls on use of information about criminal history and 24
particular investigations 25
`42D Use of information received 26
`(1) This section applies to the board in considering information about a 27
person received by the board under section 37A(3), 37A(3) as applied by 28
section 37(6), 42A(1) or 42C(1). 29
s 24 23 s 24
Education and Other Legislation (Student Protection)
Amendment Bill 2003
`(2) The information must not be used for any purpose other than-- 1
(a) deciding whether the person is of good character for the purpose 2
of being, or continuing to be, registered as a teacher; or 3
(b) if at the time the information was received the person was a 4
registered teacher, but later stopped being a registered 5
teacher--deciding whether to make an order, about the person, 6
under section 70(2)(b). 7
`(3) When making the decision, the board must have regard to the 8
following matters relating to information about the commission, or alleged 9
or possible commission, of an offence by the person-- 10
(a) when the offence was committed, is alleged to have been 11
committed or may possibly have been committed; 12
(b) the nature of the offence and its relevance to the duties of a 13
teacher; 14
(c) anything else the board considers relevant to the decision. 15
`42E Person to be advised of information received 16
`(1) This section applies to information received by the board about a 17
person under section 37A(3). 18
`(2) Before using the information in deciding whether the person is of 19
good character for the purpose of being registered as a teacher, the board 20
must-- 21
(a) disclose the information to the person; and 22
(b) allow the person a reasonable opportunity to make 23
representations to the board about the information.10 24
`42F Guidelines for dealing with information 25
`(1) The board must make guidelines, consistent with this Act, for 26
dealing with information received by the board under section 37A(3), 27
37A(3) as applied by section 37(6), 42A(1) or 42C(1). 28
`(2) The purpose of the guidelines is to ensure-- 29
10 See section 56(2)(b) in relation to an inquiry about whether a person is of good
character for the purpose of continuing to be registered as a teacher.
s 25 24 s 26
Education and Other Legislation (Student Protection)
Amendment Bill 2003
(a) natural justice is afforded to a person about whom the 1
information is received; and 2
(b) only relevant information is used in deciding whether a person is 3
of good character for the purpose of being, or continuing to be, 4
registered as a teacher; and 5
(c) decisions about whether a person is of good character for the 6
purpose of being, or continuing to be, registered as a teacher, 7
based on the information, are made consistently. 8
`(3) The board must give a copy of the guidelines, on request, to a person 9
seeking to be, or continue to be, registered as a teacher.'. 10
25 Amendment of s 44 (Duty of registered teacher convicted of
Clause 11
indictable offence etc.) 12
(1) Section 44, heading, `convicted of indictable offence etc.'-- 13
omit, insert-- 14
`to notify board of particular events'. 15
(2) Section 44(1)(a)-- 16
omit. 17
(3) Section 44(1)(b) and (c)-- 18
renumber as section 44(1)(a) and (b). 19
(3) Section 44(2), `conviction,'-- 20
omit. 21
26 Amendment of s 44A (Employing authority to notify board about
Clause 22
sexual allegation in certain circumstances) 23
(1) Section 44A, heading, `sexual allegation'-- 24
omit, insert-- 25
`allegation of harm'. 26
(2) Section 44A(1), from `if' to `the notice'-- 27
omit, insert-- 28
s 27 25 s 27
Education and Other Legislation (Student Protection)
Amendment Bill 2003
`if after the employing authority for a school investigated an allegation 1
of harm caused, or likely to be caused, to a child because of the conduct of 2
a relevant teacher of the school'. 3
(3) Section 44A-- 4
insert-- 5
`(1A) This section also applies if during the investigation by the 6
employing authority for a school of an allegation of harm caused, or likely 7
to be caused, to a child because of the conduct of a relevant teacher of the 8
school, the teacher resigns from the educational staff of the school.'. 9
(4) Section 44A(3)(d)-- 10
omit, insert-- 11
`(d) the allegation, particulars of the allegation and any other relevant 12
information;'. 13
(5) Section 44A-- 14
insert-- 15
`(4A) An employing authority for a school that gives a notice under 16
subsection (2) is not liable, civilly, criminally or under an administrative 17
process, for disclosing information contained in the notice. 18
`(4B) Without limiting subsection (4A)-- 19
(a) in a proceeding for defamation, the employing authority has a 20
defence of absolute privilege for publishing the disclosed 21
information; and 22
(b) if the employing authority would otherwise be required to 23
maintain confidentiality about the disclosed information under an 24
Act, oath, rule of law or practice--the employing authority does 25
not contravene the requirement by disclosing the information.'. 26
(6) Section 44A(5), definition "sexual allegation"-- 27
omit. 28
27 Amendment of s 44B (Prosecuting authority to notify board about
Clause 29
committal, conviction etc.) 30
Section 44B(3), `whether on indictment or summarily,'-- 31
omit. 32
s 28 26 s 29
Education and Other Legislation (Student Protection)
Amendment Bill 2003
28 Amendment of s 44C (Board must consider notices under ss 44A
Clause 1
and 44B and decide if inquiry necessary) 2
(1) Section 44C, heading, `notices under ss 44A and 44B'-- 3
omit, insert-- 4
`information received under s 42A(1), 42C(1), 44A or 44B'. 5
(2) Section 44C, from `is given' to `the notice'-- 6
omit, insert-- 7
`receives information under section 42A(1), 42C(1), 44A or 44B, the 8
board must consider the information'. 9
29 Insertion of new pt 4, div 7
Clause 10
After section 49-- 11
insert-- 12
`Division 7--Immediate suspension of registration 13
`49A Immediate suspension 14
`(1) This section applies if the board reasonably believes, at any time, 15
that-- 16
(a) a registered teacher poses an imminent risk of harm to children; 17
and 18
(b) immediate action to suspend the teacher's registration is 19
necessary to protect children. 20
`(2) The board may decide to suspend the teacher's registration. 21
`(3) Immediately after deciding to suspend the teacher's registration, the 22
board must give written notice of the suspension to the teacher. 23
`(4) The notice must state-- 24
(a) the board's decision; and 25
(b) the reasons for the decision; and 26
(c) an inquiry about the teacher will be conducted to decide whether 27
the teacher is of good character for the purpose of continuing to 28
be registered as a teacher; and 29
s 30 27 s 31
Education and Other Legislation (Student Protection)
Amendment Bill 2003
(d) that the teacher may appeal against the decision to the District 1
Court; and 2
(e) the time within which the teacher must make the appeal. 3
`(5) The decision takes effect on the day the notice is given to the 4
teacher. 5
`(6) The decision continues to have effect until the first of the following 6
happens-- 7
(a) the decision is set aside by the District Court on appeal; 8
(b) if, after the inquiry, the board makes an order under 9
section 70(2A)--the order takes effect; 10
(c) after the inquiry, the board decides to end the suspension.'. 11
30 Amendment of s 50 (Board may conduct inquiry about certain
Clause 12
persons) 13
(1) Section 50(2)(a), `(whether on indictment or summarily)'-- 14
omit. 15
(2) Section 50(2)(f)-- 16
omit, insert-- 17
`(f) the teacher is not of good character for the purpose of being, or 18
continuing to be, registered as a teacher.11'. 19
31 Insertion of new s 50A
Clause 20
After section 50-- 21
insert-- 22
`50A When board must conduct inquiry 23
`(1) The board must conduct an inquiry about a person whose 24
registration as a registered teacher is suspended under section 49A(2). 25
`(2) The board must ensure the inquiry is held as soon as practicable 26
after the person is given notice of the suspension under section 49A(3).'. 27
11 See section 37 (Good character of each applicant to be assessed).
s 32 28 s 33
Education and Other Legislation (Student Protection)
Amendment Bill 2003
32 Amendment of s 51 (Board may conduct inquiry itself or appoint
Clause 1
a committee of inquiry) 2
(1) Section 51(1), `The'-- 3
omit, insert-- 4
`Subject to subsection (1A), the'. 5
(2) Section 51-- 6
insert-- 7
`(1A) The board must appoint a committee of inquiry to conduct the 8
inquiry if the matter involves the consideration by the board of whether a 9
person is of good character for the purpose of being, or continuing to be, 10
registered as a teacher.'. 11
33 Replacement of s 52 (Constitution of committee for inquiry)
Clause 12
Section 52-- 13
omit, insert-- 14
`52 Membership of committee of inquiry 15
`(1) If the board appoints a committee of inquiry to conduct the inquiry, 16
the committee must consist of-- 17
(a) 1 lawyer of at least 5 years standing; and 18
(b) 2 practising teachers; and 19
(c) a person who is not a lawyer or registered teacher. 20
`(2) Before choosing a person to be a member of the committee, the 21
board must be satisfied the person does not have a personal or professional 22
connection with the person who is the subject of the inquiry. 23
`(3) A person can not become, or continue as, a member of the 24
committee-- 25
(a) if the person is, or becomes, a board member; or 26
(b) if the person is, or has been, convicted of an indictable offence. 27
`(4) The person mentioned in subsection (1)(a) is the chairperson of the 28
committee.'. 29
s 34 29 s 36
Education and Other Legislation (Student Protection)
Amendment Bill 2003
34 Amendment of s 53 (Notice of inquiry)
Clause 1
Section 53, `28'-- 2
omit, insert-- 3
`14'. 4
35 Amendment of s 70 (Board may order cancellation of registration
Clause 5
etc.) 6
(1) Section 70-- 7
insert-- 8
`(1A) Subsection (1) applies subject to section 70A.'. 9
(2) Section 70-- 10
insert-- 11
`(2A) After an inquiry about a person whose registration as a registered 12
teacher is suspended under section 49A(2), if the board is satisfied on the 13
balance of probabilities that the person no longer is of good character for 14
the purpose of continuing to be registered as a teacher, the board may make 15
1 or more of the orders mentioned in subsection (1).'. 16
36 Insertion of new s 70A
Clause 17
After section 70-- 18
insert-- 19
`70A Board must order cancellation of registration in particular 20
circumstances 21
`(1) Subsection (2) applies if the board, after becoming aware that a 22
registered teacher has been convicted of a serious offence, conducts an 23
inquiry about the teacher on a ground mentioned in section 50(2)(a) or (f). 24
`(2) The board must order the cancellation of the teacher's registration, 25
after the inquiry, unless the board is satisfied it is an exceptional case in 26
which it would not harm the best interests of children for the teacher to 27
work in a child-related field. 28
`(3) To remove any doubt, it is declared that even though the board does 29
not make an order under subsection (2), it may after the inquiry make 1 or 30
more of the orders mentioned in section 70(1)(b) to (f).'. 31
s 37 30 s 38
Education and Other Legislation (Student Protection)
Amendment Bill 2003
37 Amendment of s 71 (Notice of board's order)
Clause 1
Section 71(1), after `70'-- 2
insert-- 3
`or 70A(2)'. 4
38 Insertion of new ss 71A and 71B
Clause 5
Part 5, after section 71-- 6
insert-- 7
`71A Board may notify other entities about decision or order 8
`(1) This section applies if the board makes a decision or order about a 9
person under section 49A(2), 70(1), (2) or (2A) or 70A(2). 10
`(2) The board must, as soon as practicable after making the decision or 11
order, give written notice of it to interstate regulatory authorities with 12
which the board is aware the person is registered. 13
`(3) Also, the board may give written notice of the decision or order to 14
any of the following-- 15
(a) the chief executive; 16
(b) foreign regulatory authorities; 17
(c) an employer of the person; 18
(d) the Minister; 19
(e) any other entity relevant to the person's practice of the teaching 20
profession. 21
`(4) However, the board must not give a notice about the decision or 22
order to an entity under subsection (3) unless the board reasonably believes 23
the entity needs to know about the decision or order. 24
`(5) A notice under this section may include the information the board 25
reasonably believes is appropriate in the circumstances. 26
s 39 31 s 39
Education and Other Legislation (Student Protection)
Amendment Bill 2003
`71B Board may notify commissioner for children and young people 1
about particular information 2
`(1) Subsection (3) applies if-- 3
(a) the board conducts an inquiry into a matter concerning the 4
conduct of a person; and 5
(b) after the inquiry, the board makes an order about the person 6
under section 70(1), (2) or (2A) or 70A(2). 7
`(2) Subsection (3) also applies if the board decides, under 8
section 49A(2), to suspend a person's registration as a registered teacher 9
because of the conduct of the person. 10
`(3) The board may give written notice of the decision or order to the 11
commissioner for children and young people if the board reasonably 12
believes the decision or order is relevant to a consideration by the 13
commissioner, under the Commission for Children and Young People Act 14
2000, part 6,12 of whether the person is a suitable person for child-related 15
employment. 16
`(4) A notice under subsection (3) must state the following-- 17
(a) the person's name and address; 18
(b) the person's date of birth; 19
(c) the decision or order; 20
(d) when the conduct happened; 21
(e) the nature of the conduct. 22
`(5) However, if the conduct relates to a particular child, the notice must 23
not contain information that identifies, or is likely to identify, the child.'. 24
39 Amendment of s 72 (Appeals)
Clause 25
(1) Section 72(1)-- 26
insert-- 27
`(d) the board's decision, under section 49A(2), to suspend the 28
person's registration as a teacher; 29
12 Commission for Children and Young People Act 2000, part 6 (Employment
screening for child-related employment)
s 40 32 s 40
Education and Other Legislation (Student Protection)
Amendment Bill 2003
(e) the board's order about the person under section 70A(2).'. 1
(2) Section 72(6)(b), from `any' to `70'-- 2
omit, insert-- 3
`1 or more of the orders mentioned in section 70(1)'. 4
(3) Section 72-- 5
insert-- 6
`(6A) If the appeal is made under subsection (1)(d), the court may-- 7
(a) allow the appeal and order the board to end the suspension; or 8
(b) dismiss the appeal. 9
`(6B) If the appeal is made under subsection (1)(e), the court may-- 10
(a) allow the appeal; or 11
(b) allow the appeal and make 1 or more of the orders mentioned in 12
section 70(1)(b) to (f); or 13
(c) dismiss the appeal.'. 14
(4) Section 72(7), `a judge'-- 15
omit, insert-- 16
`the court'. 17
40 Insertion of new ss 74A74E
Clause 18
After section 74-- 19
insert-- 20
`74A Confidentiality of information 21
`(1) This section applies to a person (the "relevant person") who is or 22
was-- 23
(a) a board member; or 24
(b) a member of a board committee; or 25
(c) a member of a committee of inquiry; or 26
(d) the director or a member of the office's staff; or 27
(e) otherwise involved in the administration of this Act. 28
s 40 33 s 40
Education and Other Legislation (Student Protection)
Amendment Bill 2003
`(2) The relevant person must not disclose protected information to 1
anyone else. 2
Maximum penalty--20 penalty units. 3
`(3) However, the relevant person may disclose the information to 4
someone else-- 5
(a) to the extent necessary to perform the relevant person's functions 6
under or relating to this Act; or 7
(b) if the disclosure is authorised under this or another Act; or 8
(c) if the disclosure is otherwise required or permitted by law; or 9
(d) if the person to whom the information relates agrees to the 10
disclosure; or 11
(e) if the disclosure is in a form that does not disclose the identity of 12
a person; or 13
(f) if the information is, or has been, accessible to the public, 14
including, for example, because it is or was recorded in the 15
register; or 16
(g) if the disclosure is to a foreign regulatory authority and the 17
disclosure is necessary for the authority to perform its functions; 18
or 19
(h) if the disclosure is to the Minister to allow the Minister to act 20
under paragraph (i); or 21
(i) if the Minister considers the disclosure is in the public interest 22
and authorises the relevant person to disclose the information. 23
`(4) If the Minister authorises information to be disclosed under 24
subsection (3)(i) about a matter concerning a registered teacher, the 25
Minister must inform the board of the authorisation and its purpose. 26
`(5) In this section-- 27
"information" includes a document. 28
"protected information" means information about a person disclosed to, 29
or obtained by, a relevant person in the course of performing, or 30
because of, the relevant person's functions under this Act. 31
s 40 34 s 40
Education and Other Legislation (Student Protection)
Amendment Bill 2003
`74B Protection of board members from liability 1
`(1) A board member is not civilly liable for an act done or omission 2
made, honestly and without negligence under this Act, other than when the 3
board member is performing the board member's duties as a member of an 4
inquiry body. 5
`(2) If subsection (1) prevents a civil liability attaching to a board 6
member, the liability attaches instead to the State. 7
`74C Effect of suspension 8
`(1) If a person's registration as a teacher is suspended under this Act, 9
the person is, during the period of the suspension, taken not to be a 10
registered teacher. 11
`(2) Despite subsection (1), the board may conduct an inquiry about the 12
person and for that purpose the person continues to be a registered teacher. 13
`(3) Subject to any other order of the board under section 70 or 70A(2) 14
or other decision of the District Court, at the end of the period of 15
suspension, the person is registered as a teacher on the same conditions, 16
and in the same type of registration, that applied to the person immediately 17
before the suspension. 18
`(4) Subsection (3) is subject to the person paying any fee, payable under 19
this Act, for the retention of the person's name in the register. 20
`74D Recording of suspension in register 21
`(1) This section applies if a person's registration as a teacher is 22
suspended under this Act. 23
`(2) As soon as practicable after the suspension, the board must record in 24
the register, for the period of the suspension, that the registration is 25
suspended. 26
`74E Application of Criminal Law (Rehabilitation of Offenders) Act 27
1986 28
`The Criminal Law (Rehabilitation of Offenders) Act 1986 does not 29
apply in relation to the definition "criminal history" in section 2.'. 30
s 41 35 s 41
Education and Other Legislation (Student Protection)
Amendment Bill 2003
41 Insertion of new pt 8, div 4 and schedule
Clause 1
After section 95-- 2
insert-- 3
`Division 4--Transitional provisions for Education and Other 4
Legislation (Student Protection) Amendment Act 2003 5
`96 Definition for div 4 6
`In this division-- 7
"amending Act" means the Education and Other Legislation (Student 8
Protection) Amendment Act 2003. 9
`97 Outstanding applications for registration or applications for 10
restoration 11
`(1) If an application for registration or application for restoration was 12
made, but not decided, before the commencement, the application must be 13
decided as if the application had been made after the commencement. 14
`(2) In this section-- 15
"commencement" means commencement of this section. 16
`98 Incomplete inquiries 17
`(1) Subsection (2) applies if an inquiry was commenced, but not 18
completed, before the commencement of sections 32 and 33 of the 19
amending Act. 20
`(2) The inquiry may be completed as if sections 32 and 33 of the 21
amending Act had not commenced. 22
s 41 36 s 41
Education and Other Legislation (Student Protection)
Amendment Bill 2003
`SCHEDULE 1
`SERIOUS OFFENCE PROVISIONS OF THE CRIMINAL 2
CODE 3
section 2, definition "serious offence", paragraph (b) 4
1. Section 211 (Bestiality) 5
2. Section 219 (Taking child for immoral purposes) 6
3. Section 221 (Conspiracy to defile) 7
4. Section 228 (Obscene publications and exhibitions) 8
5. Section 238 (Contamination of goods) 9
6. Section 239 (Hoax contamination of goods) 10
7. Section 240 (Dealing in contaminated goods) 11
8. Section 300 (Unlawful homicide) 12
9. Section 307 (Accessory after the fact to murder) 13
10. Section 308 (Threats to murder in document) 14
11. Section 309 (Conspiring to murder) 15
12. Section 311 (Aiding suicide) 16
13. Section 314 (Concealing the birth of children) 17
14. Section 324 (Failure to supply necessaries) 18
15. Section 327 (Setting mantraps) 19
16. Section 355 (Deprivation of liberty) 20
17. Section 359 (Threats) 21
18. Section 359E (Punishment of unlawful stalking) 22
19. Section 363 (Child-stealing) 23
20. Section 363A (Abduction of child under 16) 24
21. Section 364 (Cruelty to children under 16) 25
s 41 37 s 41
Education and Other Legislation (Student Protection)
Amendment Bill 2003
22. Section 415 (Demanding property, benefit or performance of services 1
with threats) 2
23. Section 416 (Attempts at extortion by threats) 3
24. Section 417 (Procuring execution of deeds etc. by threats) 4
25. Section 417A (Taking control of aircraft)'. 5
© State of Queensland 2003
AMENDMENTS TO BILL
1
Education and Other Legislation (Student Protection)
Amendment Bill 2003
EDUCATION AND OTHER LEGISLATION
(STUDENT PROTECTION) AMENDMENT
BILL 2003
AMENDMENT AGREED TO IN COMMITTEE
1 After clause 41--
At page 37, after line 5--
insert--
`PART 6--AMENDMENT OF TRAINING REFORM
ACT 2003
`42 Act amended in pt 6
`This part amends the Training Reform Act 2003.
`43 Amendment of s 47 (Amendment of s 230 of Act No 23 of 2000)
`Section 47, inserted section 230(1)--
insert--
`(ea) the council's order, or refusal to make an order, under section
71;1'.'.
© State of Queensland 2003
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