Queensland Consolidated Acts

CHILD CARE ACT 2002 - SECT 107A

(1) This section applies if the chief executive gives a person a prohibition notice under this part.

(2) The chief executive must give written notice of the giving of the prohibition notice to the children's commissioner.

(3) A notice under subsection (2) must state the following—

(a) the person's name and address;

(b) the person's date and place of birth, if known;

(c) the person has been given a prohibition notice, without stating anything further about the giving of the prohibition notice.

(4) Subsection (5) applies if the children's commissioner—

(a) requests further information about the prohibition notice; and

(b) notifies the chief executive that the person is an applicant for, or holder of, a prescribed notice or exemption notice under the Commissioner's Act.

(5) The chief executive must give the children's commissioner a written notice stating the following—

(a) when the conduct that resulted in the prohibition notice happened;

(b) the nature of the conduct that resulted in the prohibition notice;

(c) any other information about the prohibition notice the chief executive considers may be relevant to employment screening under the Commissioner's Act, chapter 8, including, for example, details about the nature of the prohibition notice.

(6) However, if the notice given under subsection (2) did not contain the person's date and place of birth, subsection (5) applies only if—

(a) the request from the children's commissioner for the notice under subsection (5) includes the person's date and place of birth; and

(b) the chief executive confirms the person's date and place of birth with the person.

(7) If a prohibition notice is given in relation to conduct relating to a particular child, a notice given under subsection (2) or (5) about the prohibition notice must not contain information that identifies, or is likely to identify, the child.

(8) If the chief executive gives the children's commissioner information under subsection (5) about a prohibition notice and the prohibition notice is set aside on review or appeal, the chief executive must notify the children's commissioner of the following—

(a) the prohibition notice has been set aside;

(b) the reasons given by the entity that set the disciplinary action aside for setting it aside.