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Child Protection (International Measures) Bill 2003
CHILD PROTECTION (INTERNATIONAL
MEASURES) BILL 2003
EXPLANATORY NOTES
FOR
AMENDMENTS TO BE MOVED IN COMMITTEE
BY THE HONOURABLE JUDY SPENCE MP
Title of the Bill
Child Protection (International Measures) Bill 2003
Objectives of the Amendments
To address gaps in the drafting of amendments to provisions of the Child
Protection Act 1999 relating to the suitability of persons associated with
licensed care services, which are contained in Schedule 3 of the Bill.
Achievement of the Objectives
The policy objective is achieved by making it clear that:
· where an application is made to amend a licence for the purpose
of changing the nominee for the licence, the chief executive must
consider the suitability of the proposed new nominee before
granting the application; and
· where any person whose suitability must be approved for the
purpose of granting an application for a licence for a care service
or for a certificate of approval, is or becomes, unsuitable, that this
is a ground for suspension or cancellation of the licence or
certificate.
Estimated Cost for Government Implementation
There are no financial implications for Government in implementing the
amended provisions.
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Child Protection (International Measures) Bill 2003
Consistency with Fundamental Legislative Principles
The amendments are consistent with fundamental legislative principles.
Consultation
No further consultation has occurred for the amendments in committee
as they merely implement the initial policy objectives in more
comprehensive manner.
NOTES ON PROVISIONS
Clause 1 adds new clause 14A after clause 14 in Schedule 3 of the Bill.
Clause 14A amends section 127 of the Child Protection Act 1999 to require
a licence to be in the approved form and to require the inclusion of the
following information on the licence:
· the licensee's name
· the nominee for the licence
· the address of the licensed premises
· any conditions of the licence.
This amendment enables the amendment of a licence under section 137
of the Child Protection Act 1999 for the purpose of changing the nominee
for the licence.
Clause 2 adds new clause 15A after clause 15 in Schedule 3 of the Bill.
Clause 15A amends section 134 of the Child Protection Act 1999 to
achieve consistency with the amendments to section 127 made by clause 1.
Section 134 of the Child Protection Act 1999 deals with the granting of
certificates of approval for approved foster carers. The amendments
require the certificate to be in the approved form and to include the
following:
· the name of the approved foster carer
· the type of care approved to be provided
· any conditions of the certificate.
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Child Protection (International Measures) Bill 2003
Clause 3 adds new clauses 16A, 16B, 16C and 16D after clause 16 in
Schedule 3 of the Bill. Clause 16A amends section 137 of the Child
Protection Act 1999 to require the chief executive to consider the suitability
of a proposed new nominee for a licence when determining whether to
grant an application for amendment of the licence to change the nominee.
Clause 16B renumbers paragraphs in section 139 of the Child Protection
Act 1999 as a consequence of the amendments made by clauses 16C and
16D. Clause 16C amends section 139 of the Child Protection Act 1999 to
provide an additional ground for cancellation or suspension of a licence or
a certificate of approval. The additional ground enables a licence or
certificate of approval to be suspended or cancelled if any of the persons
who are required to be suitable for the purpose of the granting of the
authority are not suitable. For example, where directors of a licensee
change during the term of the licence and the chief executive is not
satisfied, after an inquiry is made under section 142, that a new director is
suitable, then the chief executive may suspend or cancel the licence.
Clause 16D defines `relevant person' for the purpose of Clause 16C.
Clause 4 amends clause 18 in Schedule 3 of the Bill to make the wording
of the amendment consistent with the wording in section 142(1)(b) of the
Child Protection Act 1999.
© State of Queensland 2003