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1
Child Care Amendment
CHILD CARE AMENDMENT BILL 2000
EXPLANATORY NOTES
GENERAL OUTLINE
Objective of the Bill
The objective of the Bill is to amend the Child Care Act 1991 to establish
minimum safeguards for children being cared for in independent
home-based care, commonly known as `back yard' care, in order to
promote and protect the safety of children while supporting the right of
parents to choose from a broad range of child care services.
The achieve this, the Bill sets standards in relation to persons who care
for children in the carer's home for fee or reward, in circumstances where
the carer is not a relative of the child and is not operating as part of a
licensed child care scheme. The standards will be monitored by complaint.
The standards are:
· a limit on the number of children a carer can provide care for. A
carer may provide care for a maximum of six children under the
age of 12 years, of whom up to 4 (including the carer's own
children) may be under 6 years. This number is lower than the
number of children able to be cared for in licensed Family Day
Care schemes, which allow up to 7 children, 4 of whom (again
including the carer's own children) can be under six years of age;
and
· a requirement for persons providing this type of care to be 18
years or over.
In addition, a person will be disqualified from providing independent
home-based care if the person:
· has a conviction for a disqualifying offence or has been issued
with a prohibition notice; or
· resides with a disqualified person.
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Child Care Amendment
The Bill specifies those sexual and violent offences and certain offences
under the repealed Children's Services Act 1965 that are disqualifying
offences. Families, Youth and Community Care Queensland will be
provided with the authority to obtain information about convictions and
charges for disqualifying offences.
The limit on numbers of children able to be cared for in independent
home-based care takes account of the existing limits on:
· Family Day Care under the existing child care legislation;
· National Standards for Family Day Care (maximum of 7
children, only 4 of whom can be below compulsory school-age);
· Limits on Family Day Care in other States and Territories (which
is most consistently set at a maximum of 7 children under the age
of 12).
The limit of 4 children below compulsory school age maintains
consistency with other home-based care standards (ie. Family Day Care),
yet enables a reasonable number of children to be cared for in independent
home-based care. Family Day Care carers are currently limited to caring for
a maximum of 2 children who are less than one year of age. This restriction
has resulted in disruption to families of multiple births, and it is intended
that this issue be rectified in the new Act. It is therefore not proposed to
include this restriction in the amendment.
Another advantage of setting the maximum amount of children able to be
cared for to no more than 6 children under 12 years of age is that it is
comparable with limits set in other States in Australia.
Reasons for the Bill
The Bill will amend the Child Care Act 1991 to establish minimum
standards for the care of children in an independent care provider's home
for fee or reward. This will effect the inclusion of the previously
unregulated independent home-based care sector into the legislative
framework for child care in Queensland.
Under section 3 of the Child Care Act 1991, "child care" means the
provision of care of a child of a prescribed type, on a regular basis, and does
not include care in the child's home or education as defined in the Education
(General Provisions) Act 1989.
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Child Care Amendment
The prescribed types of child care are kindergartens, limited hours care
centres, long day care centres and occasional care centres and Family Day
Care schemes. All of these types of care must be licensed. The types of
care that are not licensed or regulated by the present child care legislation
include preschool, adjunct care, school age care and informal care.
Informal care can occur in a number of situations, including:
· care provided in the child's own home (for example, a nanny or a
babysitter);
· care provided to the child by a relative of the child; or
· independent home-based care (as defined in new section 73A).
Increased child care fees have resulted in many families leaving `formal'
(prescribed) child care services; reducing their use of child care; or leaving
the workforce. Information provided by the Health Insurance Commission
indicates a growth in the number of Queenslanders registering under the
Child Care Cash Rebate Scheme as independent home-based carers.
As independent home-based care providers are not required to comply
with any standards or regulation to be eligible for this registration, the safety
of children in this type of care is of concern to Government. Sections of the
child care industry have raised a number of concerns that children are being
cared for in situations that are potentially unsafe either due to the number of
children in this type of care.
The Bill establishes minimum standards aimed at promoting and
protecting the rights of children and preventing dangerous care situations
from occurring.
Alternatives to this Bill
The objective of the Bill could also be achieved by registering or licensing
independent home-base care.
All States and Territories in Australia, except Queensland, regulate this
type of care. Some jurisdictions set standards for this type of care while
others license it. Monitoring and enforcement procedures across the
country are mostly reactive and reliant upon receiving a complaint.
Generally, it is an offence to advertise and/or conduct an `illegal' (ie.
unlicensed) child care service. A range of penalties may apply, including
warnings, fines and ultimately, prohibition.
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Child Care Amendment
Three different models were considered in relation to the regulation of
independent home-based care--the "Licensing Model", the "Registration
Model" and the "Limited Numbers Model".
The "Licensing Model" would license all persons providing care to
children. Under this model, even if the person was caring for one child
(who was not their own child), then they would be deemed to be a child care
service and would be required to be licensed. The carer would have to
comply with all requirements for child care services under the legislation.
Licensing usually involves setting quality standards, an initial inspection and
ongoing monitoring, and is a highly resource intensive process.
Under the "Registration Model", a carer could provide care in their own
home to a prescribed number of children, and would need to apply to the
Chief Executive for registration as a carer. This approval could be subject to
conditions imposed by the Chief Executive. This process would require
complex administrative systems to ensure compliance.
Under the "Limited Numbers Model", the carer could provide care in
their own home without being licensed or registered for up to a prescribed
number of children. It is proposed that carers would be required to take out
appropriate public liability insurance, and would be prohibited from caring
for children if they had a specified criminal history. Compliance would be
based on self-disclosure by the carer, and monitoring would be reactive and
dependent upon complaints made to the Department.
The "Licensing" and "Registration" models have significant resource
implications for the Government. They represent a high level of
interference by Government in activities carried out in people's homes.
In contrast, the "Limited Numbers Model" is a less resource intensive
option. This approach would implement a higher level of regulation than
presently exists under the Child Care Act 1991. It represents minimal
interference by Government in people's home and in families' decisions in
relation to child care arrangements. As well as this, it would be comparable
with regulatory systems already in place in Victoria, South Australia, the
Australian Capital Territory and the Northern Territory.
It is for these reasons that the Bill is to implement the "Limited
Numbers" model as an interim measure while a longer term review of the
regulatory framework is being undertaken.
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Child Care Amendment
Administrative cost to Government
The implementation of this Bill will be achieved within resources. A
communication strategy including print advertisements and information
sheets for parents and carers is planned and costs will be met from existing
resources.
Consistency with Fundamental Legislative Principles
While the Bill is generally consistent with the fundamental legislative
principles of the Legislative Standards Act 1992, the following clauses raise
fundamental legislative principle issues.
Under section 4(2)(a) of the Legislative Standards Act 1992, legislation
must have sufficient regard to the rights and liberties of individuals.
A primary aspect of the Bill is the ability of the Chief Executive Officer
to prohibit persons from providing this form of care. Such a prohibition is
to be based on the consideration of relevant criminal history of either the
carer or a person residing in the carer's home.
The relevant provisions are new sections 73G (Criminal history checks)
and 73H (Disqualification of person charged with disqualifying offences)
and the amendment to section 75 of the Act effected by clause 7 of the Bill.
Disqualifying offences are defined in section 73A and are:
· offences against the Criminal Code, part 4 or 5;
· offences against section 69(1) or (1A) of the repealed Children's
Services Act 1965; or
· offences against a law outside Queensland that, if committed in
Queensland would fall within the first two categories.
The effect of section 73G is that an authorised person may ask someone
(a carer or an adult ordinarily residing with a carer--called the respondent
for the purposes of this section) to consent to a criminal history check to be
performed on that person. This request will occur in the context that an
authorised person knows or reasonably suspects that independent
home-based care is provided at this home. The authorised person is
required to warn the respondent that if they do not consent to the criminal
history check, then the authorised person must give the respondent a
prohibition notice (subsections 3 and 4 of s73G). The section also provides
that if circumstances change (eg if consent to a check is later given by the
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Child Care Amendment
respondent) the chief executive must cancel the prohibition notice.
The effect of new section 73H is to provide a framework for the chief
executive's decision whether to disqualify a person from providing
independent home-based care if they do not have convictions for a
disqualifying offence. This section is triggered where the person does not
have a conviction for a disqualifying offence but has, at any time, been
charged with a disqualifying offence. The section (in subsection 3) provides
that in making a decision to prohibit a person, the chief executive must have
regard to:
· the number of charges in the person's criminal history;
· for each charge:
- the seriousness of the offence and its relevance to the
provision of independent home-based care,
- when the offences were alleged to have been committed,
- the result of the charge--whether the person was convicted,
found guilty, acquitted, whether the prosecution process
ended in another way or has not ended.
Additionally, subsection 4 establishes that, before a prohibition notice is
given, the chief executive must give the person a written notice. This notice
must state the information obtained relating to each disqualifying offence
and invite the person to respond (within a stated time--at least 7 days) to the
chief executive about the information or the person's suitability to provide
independent home-based care. The chief executive must also consider any
response received from the person within the stated time.
Clause 7 of the Bill amends section 75 of the Act (Disclosure of criminal
history). The primary amendment to section 75 concerns the type of
information that may be obtained for persons who consent to a criminal
history check. New subsection 2A provides that, for a person who has
consented to a criminal history check, the criminal history includes:
· each charge made against the person for a disqualifying offence;
· the result of the charge--whether the person was convicted, found
guilty, acquitted, whether the prosecution process ended in
another way or has not ended; and
· the date and a brief description of the circumstances of each
charge or conviction for a disqualifying offence.
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Child Care Amendment
It may be suggested that the provision of an extensive criminal history
will impact on the rights and liberties of an individual, as the history may
include information that has not been tested by a Court and may not be true.
A concern may also be raised about the proposal to prohibit a person
from providing independent home based care if the person, or an adult
residing with the person, refuses to give consent to the supply of relevant
criminal history information.
It is considered that these provisions are appropriate and strike a balance
between the carer's rights and the paramount consideration of the
Department's need to protect children. Given the maintained community
interest in issues of protection of children, it is considered appropriate to
ensure this criminal history information is available to the department when
monitoring independent home-based care.
The Child Care Act 1991 contains provisions to safeguard the interests of
affected individuals. For example, if the Chief Executive makes a decision
prohibiting a person from providing care of children, then the person
concerned may appeal to a children's services appeal tribunal established
under the Children's Commission and Children's Services Appeals
Tribunals Act 1996. This is effected by the amendment to section 41 of the
Act (Application for review of chief executive's decisions) to create a new
ground of appeal for this category of care. The new ground of appeal is
against a decision to issue a prohibition notice under section 73H
(Disqualification of person charged with disqualifying offences).
Consultation
Families, Youth and Community Care Queensland has conducted
targeted consultation on an exposure draft of the Bill with Peak
organisations across the child care sector including:
· the Child Care Forum;
· Family Day Care;
· Queensland Professional Child Care Centres Association, Child
Care Industry Association of Queensland;
· The Local Government Association of Queensland;
· Child Care National Association;
· Diversity in Child Care, Queensland; and
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Child Care Amendment
· Child Care Queensland.
In particular, the Child Care Forum, established in February 1999, has
played an important part in informing the development and implementation
of the Queensland Child Care Strategic Plan 2000--2005. The Forum will
play a key role in the development of the new regulatory framework which
is a key component of this plan. The Forum has focused on independent
home-based care during the development of the Bill.
This targeted consultation has built on feedback obtained from earlier
comprehensive consultation with service providers and peak organisations,
which included consideration of the issue of independent home-based care.
Government
The following government agencies have been consulted:
· Department of Justice and Attorney-General;
· Department of Communication and Information, Local
Government and Planning;
· Queensland Police Service;
· Department of Aboriginal and Torres Strait Islander Policy and
Development; and
· Queensland Treasury.
NOTES ON PROVISIONS
Clause 1 provides that the short title of the Bill is the Child Care
Amendment Bill 2000.
Clause 2 states that the Act amends the Child Care Act 1991 (the Act).
Clause 3 provides for a new definition of independent home-based care
to be referred to in section 3 of the Act. Section 3 will refer to section 73A,
which contains the text of the definition.
Clause 4 inserts an additional objective into section 4 of the Act to
establish minimum safeguards for the provision of independent
home-based care.
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Child Care Amendment
Clause 5 inserts an additional ground for applying for review of a
decision by the chief executive officer. This new ground will enable a
person prohibited from providing independent home-based care under
(new) section 73H of the Act to apply for review of that decision under s41.
Clause 6 inserts a new part 8A into the Act. This new part establishes
the legislative standards persons must meet if providing this type of care
and comprises 3 divisions:
1--Preliminary
2--Restrictions applying to independent home-based care
3--Monitoring and disqualifications
and inserts new sections 73A to 82A.
Section 73A inserts definitions for part 8A.
Carer is defined as a person providing care in the course of an
independent home-based care service (also defined in section 73A).
A disqualified person is defined as a person who is prohibited from
providing independent home based care to children, because the person has
a conviction for a disqualifying offence or has in force a prohibition notice.
A disqualifyingoffence is an offence under parts 4 and 5 of the Criminal
Code and also an offence under section 69(1) and (1A) of the Children's
Services Act 1965.
A guardian of a child is defined as:
· a person recognised in law as having all duties, powers,
responsibilities and authority that by law, a parent would have in
relation to their child;
· a person who has custody or guardianship of the child under a
court order;
· a carer of the child under the Child Protection Act 1999;
· a person entitled to care and custody of a child under the Adoption
of Children Act 1964.
Home is defined as meaning residential premises.
Independent home-based care is defined as care in the course of an
independent home-based care service, and excludes care by a relative or
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Child Care Amendment
guardian (also defined in section 73A) of the child and care in the child's
own home--defined to mean residential premises. This definition is
intended to capture residential premises, even if the carer does not live in the
home on a full time basis (e.g. if the home is rented solely for the purpose
of providing independent home-based care) This term is intended to reflect
that the care is provided by a person in the person's home and is not part of
a licensed or approved scheme, for example Family Day Care.
Independent home-based care service is defined as an operation
conducted regularly, providing care for one or more children in a home
(definition of independent home-based care precludes the child's home), for
reward.
The definition provides the following exclusions:
· Licensed child care operation under the Child Care Act 1991;
· An operation principally conducted for another purpose, namely
instruction in a particular activity eg music lessons, dance, and
sport. This provision is designed to ensure that `care' before and
after the instruction is not affected, where the primary focus is the
instruction of the child;
· Licensed care service under the Child Protection Act 1999 .
Parent is defined inclusively to encompass:
· a spouse or de facto spouse of a parent of the child;
· for an Aboriginal child, a person who under Aboriginal tradition
is regarded as a parent of the child;
· for a Torres Strait Islander child, as person who under Island
custom is regarded as a parent of the child.
A prohibition notice is a notice given to a person under division 3 of
(new) part 8A.
The purpose of including a provision to disqualify persons from
providing independent home based care is to protect the safety and well
being of children cared for in independent home based care settings. This
provision clearly defines the grounds on which a person is disqualified from
providing independent home-based care, that is if the person has a
conviction for a disqualifying offence or has a prohibition notice in force.
An example of a disqualified person is a person who has a conviction
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Child Care Amendment
under Part 4 or 5 of the Criminal Code.
Relative is defined by setting out four categories of persons who are
included in the definition.
1. parents, grandparents, great grandparents, brothers, sisters,
uncles, aunts, nieces, nephews and cousins are relatives for the
purposes of the Bill;
2. persons, who under Aboriginal tradition are regarded as a relative
mentioned in paragraph 1;
3. persons, who under Torres Strait Island custom, are regarded as a
relative mentioned in paragraph 1; and
4. for a child with a parent who is not a natural parent, persons who
would be relatives under paragraph 1 if that parent was a natural
parent are also included in the definition.
Division 2--Restrictions applying to independent home-based care
Section 73B creates an offence for providing independent home-based
care if you are a disqualified person. This offence is punishable by a
maximum of 100 penalty units for a person with a conviction for a
disqualifying offence or for whom a prohibition notice is given under
section 73G or 73H and otherwise by a maximum of 50 penalty units (ie.
where a prohibition notice has resulted from a breach of a section in division
3 apart from 73G or 73H).
Section 73C provides that it is an offence to provide independent
home-based care where another person who ordinarily resides in the home
of the carer is a disqualified person, and the carer knows or ought
reasonably to know that the resident is a disqualified person. This section
also provides for a penalty structure as for section 73B.
Section 73D provides that a person may not conduct an independent
home-based care service if they are a child. This offence also applies to a
situation where a person employs a carer who is a child. The maximum
penalty for this offence is 50 penalty units. Sub-section 2 of section 73D
provides a defence to an offence against (1) where the person sighted
reasonable evidence that the relevant carer was an adult. The purpose of this
defence is to limit the offence to:
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Child Care Amendment
· persons providing independent home-based care while they are
still a child; and
· persons knowingly employing children to care for other children.
Section 73E sets limits on the number of children who may be cared for
in an independent home-based care service. Subsection 1 clarifies that
section 73E applies to persons providing independent home-based care.
Subsection 2 provides that a person may not care (at one time) for more
than 6 children under the age of 12 years or more than 4 children under the
age of six years.
This limitation is designed to ensure that a maximum of 6 children under
the age of 12 years may be cared for by an independent home-based carer,
of whom up to 4 may be under the age of six years. Subsection 2 also
provides that caring for children outside this limit is punishable by a
maximum of 100 penalty units.
Subsection (3)(a) provides that when counting the number of children for
subsection 2, the carer's own children who are at least 6 years are not
included in the total children.
However, subsection (3)(b) provides that in determining the number of
children under the age of six years [for the purposes of subsection (2)] all
children that person is caring for are included, even if the care provided to
some of the children is not independent home-based care.
This provision is designed to include the carer's own children in the total
number of children under six years, so that there will never be more than 4
children in this age group being cared for at the one time. This provision is
also designed to capture situations where some children are being provided
with independent home-based care (in accordance with the definition in
section 73A) while others are being provided with, for example, free care by
the same carer.
A number of examples are set out following section 73E designed to
illustrate how the limitation on the number of children being cared for
operate in various fact situations.
Section 73F provides that persons must not provide independent
home-based care unless the carer has public liability insurance for at least
$5million in force for the care. The maximum penalty for this provision is
40 penalty units.
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Child Care Amendment
Division 3--Monitoring and disqualifications
Section 73G provides that authorised persons may ask someone (the
respondent) to give consent to a criminal history check if the authorised
person knows or reasonably suspects that the respondent is providing
independent home-based care or that the respondent ordinarily resides with
a person providing independent home-based care.
The purpose of this provision is to obtain consent for a criminal history
check from persons providing independent home-based and adults
ordinarily resident with the carer.
Subsection 2 provides that the consent must be given by completing and
signing the prescribed form.
Subsection 3 provides that an authorised person must warn the
respondent that if they do not give consent, the authorised person must give
the respondent a prohibition notice.
Subsection 4 provides that if the respondent refuses to give the consent,
the authorised person must give the respondent a prohibition notice.
Subsection 5 provides that the chief executive must cancel the prohibition
notice if:
· the respondent later gives consent to a criminal history check;
· the chief executive learns when doing the criminal history check
that the respondent has no disqualifying offences in their criminal
history; and
· the chief executive does not decide to disqualify the respondent
under section 73H.
Section 73H provides that the chief executive may obtain information
about charges for disqualifying offences. The section applies if the chief
executive conducts a criminal history check following consent by the
respondent and the person does not have a conviction for a disqualifying
offence but has been charged with a disqualifying offence. This provision
links with the amendment to section 75 Disclosure of criminal history.
Subsection 2 provides that the chief executive may give the person a
prohibition notice if satisfied that it is an exceptional case in which it would
not be in the best interests of children for the person to be allowed to
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Child Care Amendment
provide independent home-based care. The chief executive must have
regard to a number of factors. These factors are set out in subsection 3 and
relate to:
· the number of charges;
· the seriousness of the offences to which the charges relate
(including relevance to independent home-based care);
· when the offences were alleged to have been committed; and
· whether the person was acquitted of the charges.
Subsection 4 provides that the chief executive must give a written notice
and consider any submission received from the person (within the stated
time), before the chief executive decides to issue a prohibition notice based
on information obtained under this section. This notice must include the
information about the person's criminal history relating to each
disqualifying offence and must invite the person to make a submission
about the information or about the person's suitability to provide
independent home-based care.
Subsection 5 provides that the time given for the person to respond to the
chief executive's notice must be reasonable and at least 7 days after the
notice is given.
Section 73I establishes powers and responsibilities of authorised persons
in relation to checking that carers have obtained and maintained public
liability insurance, as required by section 73F. Subsection 1 provides that if
the authorised person knows (or reasonably suspects) that a person (the
respondent) is providing independent home-based care, then the authorised
person may ask the respondent to produce within a stated time (at least 2
business days) an insurance compliance document. Insurance compliance
document is defined in subsection 5 to mean a document evidencing that
there is a policy of public liability insurance as required by section 73F, in
force for the care.
Subsection 2 provides that when making the request the authorised
person must warn the respondent that if the respondent does not comply
with the request the authorised person may give the respondent a prohibition
notice.
Subsection 3 provides that if the respondent fails to comply with the
request under subsection 1, the authorised person must give the respondent
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Child Care Amendment
a prohibition notice.
Subsection 4 provides that the chief executive must cancel the prohibition
notice under subsection 3, where the respondent later complies with the
request.
Subsection 5 (as outlined above) defines insurance compliance
document, for the purposes of independent home-based care, to be a
document evidencing there is a policy of public liability insurance as
required by section 73F, in force for the care.
Section 73J sets out procedures to be followed by authorised persons
when a prohibition notice is given to a person. This section links with
section 73B and 73C, which provide that, independent home-based care
may not be provided by a disqualified person or in a home where a
disqualified person is ordinarily resident. In this situation, section 73J
applies where one of the adults resident in the home is a disqualified person,
and the authorised person knows (or reasonably suspects) that independent
home-based care is provided in the home. The section describes the
disqualified person as the "first person" and all other adults resident in the
home are described as the "second person". (This applies no matter which
adult is providing the care, as section 73C prohibits care where a
disqualified person is ordinarily resident).
Subsection 2 provides that the authorised person may notify the second
person that the first person is disqualified. This provision will operate so
that all other adults in the residence are notified that a disqualified person
resides on the premises.
Subsection 3 establishes procedures for where there is a change in
circumstances. This provision establishes that if the first person stops being
a disqualified person (e.g. if the first person later provides consent to a
criminal history check) then the authorised person must notify the second
person (i.e. all other adults in the disqualified person's home) as soon as
practicable. This requirement operates unless after reasonable inquiries, the
authorised person can not locate the second person.
Section 73K provides for checks on the age of carers. Subsection 1
provides that the section applies where an authorised person reasonably
suspects that an independent home-based care service is being conducted in
contravention of section 73D and someone (the respondent) is providing
this care when they are not an adult.
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Child Care Amendment
Subsection 2 provides that the authorised person may require the
respondent to state their age and if the age stated is reasonably suspected by
the authorised person to be false, the authorised person may require the
respondent to provide evidence of age within a stated time.
Subsection 3 provides that when making a requirement under subsection
2, the authorised person must give a warning that if the respondent fails to
comply with the requirement, the authorised person must give the
respondent a prohibition notice.
Subsection 4 provides that if the respondent fails to comply with the
requirement the authorised person must give the respondent a prohibition
notice.
Subsection 5 provides that if the respondent later complies with the
requirement (eg by providing evidence of the respondent's age), the chief
executive must cancel the prohibition notice given because of the failure to
comply and must notify the respondent of this cancellation.
Section 75 of the Act is amended by clause 7 of the Bill. Section 75
provides for the information which must be disclosed by the Commissioner
of the Police Service upon request by the chief executive. Subclause 1
provides that a criminal history check may be requested for a person who
has consented to a criminal history check.
Subclauses 3 adds to the current section 75 to provide for criminal
history information to be provided by the commissioner of the police
service for independent home-based carers. A new subsection (2A) is
inserted into section 75, to provide that where a person has consented to a
criminal history check (a category which only applies to independent
home-based care), the criminal history of the person includes each charge
for a disqualifying offence made against the person, whether the person was
convicted, found guilty or the prosecution ended in another way (or is
ongoing) and the date and a brief description of the circumstances of each
conviction or charge for a disqualifying offence. This provision is designed
to ensure that the chief executive is provided with all information in order to
make a decision under section 73H.
Subclause 4 provides that a new subsection 4 should be inserted into
section 75 of the Act for this section, reference to a disqualifying offence
has the same meaning as in section 73A.
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Child Care Amendment
Clause 8 of the Bill inserts a new section 82A to set standards in relation
to false or misleading advertising of independent home-based care.
Subsection 1 provides that the section applies if a person advertises that they
provide (or are willing to provide) care for children or if a person holds
themselves out as providing care for children and the care is not child care
provided under a licence.
Subsection 2 provides that in any advertisement or holding out the person
must not make a false or misleading statement about the extent to which or
the way in which the person is registered or approved by a government
entity to provide the care. Government entity is defined in subsection 3.
The maximum penalty for offences under this section is 40 penalty units.
Subsection 3 provides a definition of government entity for the purposes
of the section. Government entity is defined to mean the State or the
Commonwealth or a department of government of the State or
Commonwealth.
The Schedule to the Bill contains minor amendments to the Act, to reflect
current drafting practice.
Amendment 1 removes a redundant definition.
Amendment 2 changes a provision in accordance with current drafting
practice.
Amendments 3, 4 and 7 update penalties in accordance with current
drafting practice.
Amendments 5 and 6 correct outdated references.
Amendment 8 changes a section heading in accordance with current
drafting practice.
© The State of Queensland 2000