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COMMISSION FOR CHILDREN AND YOUNG PEOPLE AND CHILD GUARDIAN ACT 2000
TABLE OF PROVISIONS
Long Title
Contents
CHAPTER 1--PRELIMINARY
Part 1--Introduction
1. Short title
2. Commencement
3. Dictionary
4. Act binds all persons
Part 2--Object, underlying principles and scope of Act
5. Object of Act
6. Principles for administering this Act
7. Scope of Act not limited to acts against persons who are children when commissioner involved, or to future acts
8. Scope of Act relating to children in the child safety system
Part 3--Service providers
9. Meaning of service provider
10. Meaning of government service provider
11. Meaning of private service provider
12. Services provided by a service provider
Part 4--Children in the child safety system
13. When is a child in the child safety system
CHAPTER 2--COMMISSIONER, ASSISTANT COMMISSIONER AND COMMISSION
Part 1--Establishment
14. Establishment of commissioner, assistant commissioner and commission
15. Control of commission
16. Application of other Acts
Part 2--Functions and powers
17. Commissioner's functions
18. Monitoring functions
19. Role of assistant commissioner
20. Commissioner's powers
21. Assistant commissioner's powers
22. Commissioner must act independently etc.
23. Way in which commissioner is to perform commissioner's functions
24. Commissioner may use expert advisers or cooperate with other entities
25. Referral of matters or offences to other persons
Part 3--Appointment of commissioner and related provisions
26. Appointment of commissioner
27. Duration of appointment
28. Terms and conditions of appointment
29. Preservation of rights
30. Leave of absence
31. Resignation
32. Termination of appointment
33. Acting commissioner
Part 4--Appointment of assistant commissioner
34. Appointment of assistant commissioner
Part 5--Commission's staff
35. Commission's staff
36. Screening of commission's staff
37. Staff subject only to direction of commissioner
CHAPTER 3--POWERS AND OBLIGATIONS RELATING TO THE COMMISSIONER'S MONITORING FUNCTIONS
Part 1--Operation of ch 3
38. Powers relate to monitoring functions
39. Services to which this chapter applies
Part 2--Powers and obligations
40. Power to require information or documents
41. Access to information and documents of the child safety department
42. Access to information and documents of a relevant service provider other than the child safety department
43. Exempt information and documents
44. Help to obtain information or documents from a licensee
45. Protection from liability for giving information
46. Restricted use of confidential information accessed under this chapter
47. Commissioner to advise on-disclosure
48. Periodic reporting
49. Review of service
50. Recommendations
51. Report to Ministers about noncompliance
52. Noncompliance not an offence
CHAPTER 4--COMPLAINTS AND INVESTIGATIONS
Part 1--Preliminary
53. Operation of ch 4
Part 2--Making complaints
54. Subject matter of complaints
55. Basis of complaints and who may complain
56. Time limit for making complaint
57. Identity of complainant
58. Complaint may be made in writing or orally
59. Initiation of complaints in name of commissioner
Part 3--Assessing complaints and deciding further action
60. Assessment of complaint
61. Action following assessment
62. Grounds for not dealing with complaint
Part 4--Investigations
Division 1--Starting an investigation
63. Investigation of complaint
64. Other investigations
Division 2--Access to child and information for investigation
65. Access to child
66. Security directions about visiting detention centres etc.
67. Notice for information
68. Identity of notifier under Child Protection Act 1999 or Public Health Act 2005
Division 3--Defences for failing to comply with notice for information
69. Application of div 3
70. Witness privilege
71. Notice for information given to law enforcement agency
72. Claim of unjustifiable exercise of power
73. Supreme Court applications
Division 4--Other offences
74. Commissioner may require oath or affirmation
75. False or misleading statements
76. False or misleading documents
77. Obstructing or improperly influencing investigation
Division 5--Matters at end of investigation
78. Ending an investigation in child's best interests
79. Notice of complaint investigation result
80. Report after investigation
81. No liability for defamation if report made in good faith
Division 6--Reports and tabling them
82. Application of div 6
83. Commissioner may ask Minister to table report
84. Confidential reports
85. Response to adverse comment
CHAPTER 5--COMMUNITY VISITORS
Part 1--Preliminary
86. Purpose of ch 5
87. Meaning of visitable site
88. Meaning of visitable home
Part 2--Visits to visitable sites and homes
89. Commissioner must arrange regular and frequent visits
90. Requirement to visit visitable site or communicate if asked
91. Requirement to visit visitable home or communicate if asked
92. Report after each visit
Part 3--Functions and powers
Division 1--Functions
93. Functions
Division 2--Power of entry to visitable sites and visitable homes
94. Power of entry
95. Consent to entry
96. Application for warrant
97. Issue of warrant
98. Warrants—procedure before entry
Division 3--Other powers
99. Related powers for visitable sites
100. Powers in relation to staff of visitable sites
101. Power to require staff of visitable site to produce documents
102. Powers relating to visitable homes
Division 4--Exercise of powers
103. Child's views and wishes
104. Community visitor to respect privacy
105. Commissioner's directions about the exercise of powers
106. Security directions about visiting detention centres
Part 4--Appointment of community visitors
107. Appointment
108. Duration of appointment
109. Terms of appointment
Part 5--Identity cards
110. Identity card
111. Failure to return identity card
112. Production or display of identity card
Part 6--Miscellaneous
113. Obstruction of visitor in exercise of powers
114. Privacy of correspondence between community visitor and residents
CHAPTER 6--CHILD DEATHS
Part 1--Child Death Case Review Committee
Division 1--Preliminary
115. Definitions for pt 1
Division 2--Establishment and functions
116. Establishment
117. Functions
118. CDCRC must act independently
119. CDCRC may use expert advisors
Division 3--Membership
120. Membership
121. Provision relating to appointment of State Coroner as appointed member
122. Minister may obtain report from police commissioner
123. Application of Criminal Law (Rehabilitation of Offenders) Act 1986
124. Conditions of appointment
125. Vacation of office of appointed member
126. Removal from office of appointed members
Division 4--Chairperson
127. Chairperson
Division 5--Conduct of business
128. Quorum
129. Conduct of meetings
130. Minutes
131. Disclosure of interests
132. Conduct of business
Division 6--Reviews and reports
133. Criteria to be used in carrying out review
134. Carrying out review
135. CDCRC to give copy of its report to certain persons
Division 7--Recommendations
136. Request to chief executive (child safety)
137. CDCRC may give report to Minister in certain circumstances
Division 8--Other provisions
138. Confidentiality of information
139. No liability for defamation if report made in good faith
140. Information not to be given in evidence
141. Annual report
142. Administrative support for CDCRC
Part 2--Commissioner's functions relating to child deaths
143. Register
144. Access to information in the register for research purposes
145. Other functions relating to information about child deaths
146. Reports
147. Government entity may enter into arrangement with commissioner
148. Disclosure of information
CHAPTER 7--ADVISORY COMMITTEES
149. Establishment
150. Membership
151. Functions
152. Dissolution
153. Other matters
CHAPTER 8--SCREENING FOR REGULATED EMPLOYMENT AND REGULATED BUSINESSES
Part 1--Preliminary
Division 1--General
154. Main purpose of ch 8
155. Safety and wellbeing of children to be paramount consideration
Division 2--Application of chapter
156. Employment and businesses regulated by this chapter
157. This chapter applies despite the Criminal Law (Rehabilitation of Offenders) Act 1986
158. Declaration relating to exemption to category of regulated employment
159. Declaration relating to exemption to category of regulated business
160. Application of chapter to children
Part 2--Interpretation
161. What is employment
162. What is employment when education provider arranges trainee student to carry out work for someone else
163. What is employment in child care
164. Matters about particular regulated employment relating to care of children
165. Who is a volunteer
166. Executive officers of a corporation carrying on a regulated business
167. What is a serious offence
168. What is a disqualifying offence
169. Who is a disqualified person
170. Who is a relevant disqualified person
Part 3--Risk management strategies
171. Risk management strategies about persons employed in regulated employment
172. Risk management strategies about regulated businesses
Part 4--Prescribed notices
Division 1--Preliminary
173. Part does not apply to police officers or registered teachers
174. Offences for disqualified person
175. Commissioner to give notice if person signing or making prescribed notice application is disqualified person
176. Giving notification under pt 4
Division 2--Eligibility declaration
177. Purpose of div 2
178. Application for an eligibility declaration
179. Notice of change of name and contact details in eligibility application
180. Commissioner's decision on eligibility application
181. Eligibility declaration taken to have been issued
182. Withdrawing eligibility application generally
183. Deemed withdrawal of eligibility application if identity can not be established
184. Deemed withdrawal of eligibility application if particular requests not complied with
185. Expiry of eligibility declaration
186. Reversal of decision refusing an eligibility declaration
Division 3--Prescribed notice required for employment of volunteers in regulated employment
187. Application of div 3
188. Starting employment of volunteers
189. Currency of prescribed notice for person continuing employment
Division 4--Prescribed notice required for employment of other persons in regulated employment
190. Application of div 4
191. Continuing employment of certain regular employees
192. Starting employment of certain regular employees
193. Starting employment of new employees
194. Prohibited employment
Division 5--Obligations if holder of negative notice or negative exemption notice, or prescribed notice application is withdrawn
195. Person holding negative notice or negative exemption notice not to apply for, or start or continue in, regulated employment etc.
196. Person who has withdrawn consent to employment screening not to start or continue in regulated employment
Division 6--Prescribed notice required for regulated business
197. Carrying on regulated business
198. Currency of prescribed notice for person carrying on regulated business
Division 7--Applying for prescribed notice for regulated employment
199. Who makes application
200. Form of application
201. Commissioner may obtain further information
202. Payment of fee for application
203. Withdrawal of application generally
204. Withdrawal of consent to employment screening generally
205. Deemed withdrawal of consent to employment screening if identity can not be established
206. Deemed withdrawal of consent to employment screening if particular requests not complied with
207. Deemed withdrawal of consent to employment screening if employment changes
208. Deemed withdrawal of consent to employment screening if charged with disqualifying offence etc.
209. Effect of withdrawal of consent to employment screening
210. Notice about withdrawal of application or negative notice or negative exemption notice
Division 8--Applying for prescribed notice for regulated businesses
211. Who makes application
212. Form of application
213. Commissioner may obtain further information
214. Withdrawal of application generally
215. Deemed withdrawal of application if identity can not be established
216. Deemed withdrawal of application if particular requests not complied with
217. Deemed withdrawal of application if person charged with disqualifying offence etc.
218. Notice about withdrawal of application or negative notice or negative exemption notice
Division 9--Deciding prescribed notice application
219. Application of div 9
220. Positive notice or negative notice to be issued
221. Issuing prescribed notice to person with no conviction etc. or conviction for offence other than serious offence
222. Issuing prescribed notice to previous holder of a positive exemption notice
223. Issuing prescribed notice to person whose negative notice or negative exemption notice is cancelled or who holds eligibility declaration
224. Issuing negative notice to relevant disqualified person except because of temporary or interim order
225. Issuing prescribed notice to other persons
226. Deciding exceptional case if conviction or charge
227. Deciding exceptional case if investigative information exists
228. Deciding exceptional case if disciplinary information exists
229. Commissioner to invite submissions from person about particular information
230. Commissioner to be notified of change of particular information
231. Currency of prescribed notice and positive notice blue card
Division 10--Steps after prescribed notice application decided
232. Application of div 10
233. Additional information to be given if negative notice issued
234. Notifiable person to be notified of decision
235. Department to be given particular advice
Division 11--Cancellation or suspension of prescribed notices
236. Cancelling negative notice etc. on holder's application
237. Cancelling positive notice and substituting it with negative notice
238. Cancelling negative notice and issuing positive notice
239. Cancelling positive notice if relevant disqualified person
240. Suspension of a positive notice if charged with disqualifying offence or subject to temporary or interim order
241. Ending of suspension under s 240 and issue of further prescribed notice
242. Suspension of a positive notice held by registered teacher if teacher registration suspended
243. Ending of suspension under s 242 and issue of further prescribed notice or exemption notice
244. Cancelling positive notice on holder's request
Division 12--Return of prescribed notices etc.
245. Return of previously held prescribed notice or exemption notice
246. Return of cancelled positive notice
Division 13--Persons who are police officers or registered teachers
247. Prescribed notices held by police officers and registered teachers
Part 5--Exemption notices
Division 1--Preliminary
248. Part applies to police officers or registered teachers
249. Giving notification under pt 5
Division 2--Exemption notice required for employment of volunteers in regulated employment
250. Application of div 2
251. Starting employment
Division 3--Exemption notice required for employment of other persons in regulated employment
252. Application of div 3
253. Continuing employment of certain regular employees
254. Starting employment of certain regular employees
255. Starting employment of new employees
256. Prohibited employment
Division 4--Obligations if holder of negative notice or negative exemption notice, or exemption notice application is withdrawn
257. Person holding negative notice or negative exemption notice not to apply for, or start or continue in, regulated employment etc.
258. Person who has withdrawn consent to employment screening not to start or continue in regulated employment
Division 5--Exemption notice required for regulated business
259. Carrying on regulated business
Division 6--Applying for exemption notice for regulated employment
260. Who makes application
261. Form of application
262. Commissioner may obtain further information
263. Withdrawal of application generally
264. Withdrawal of consent to employment screening generally
265. Deemed withdrawal of consent to employment screening if person ceases to be police officer or registered teacher
266. Deemed withdrawal of consent to employment screening if identity can not be established
267. Deemed withdrawal of consent to employment screening if particular requests not complied with
268. Deemed withdrawal of consent to employment screening if employment changes
269. Deemed withdrawal of consent to employment screening if charged with disqualifying offence etc.
270. Effect of withdrawal of consent to employment screening
271. Notice about withdrawal of application or negative exemption notice or negative notice
Division 7--Applying for exemption notice for regulated businesses
272. Who makes application
273. Form of application
274. Commissioner may obtain further information
275. Withdrawal of application generally
276. Deemed withdrawal of application if no longer police officer or registered teacher
277. Deemed withdrawal of application if identity can not be established
278. Deemed withdrawal of application if particular requests not complied with
279. Deemed withdrawal of application if charged with disqualifying offence etc.
280. Notice about withdrawal of application or negative notice or negative exemption notice
Division 8--Deciding exemption notice application
281. Application of div 8
282. Positive exemption notice or negative exemption notice to be issued
283. Issuing positive exemption notice to police officer if further screening not required
284. Issuing positive exemption notice to registered teacher if further screening not required
285. Issuing exemption notice if ss 283 and 284 do not apply
286. Obtaining advice from police commissioner
287. Obtaining advice from college of teachers
288. Commissioner to be notified of change of particular information
289. Currency of exemption notice
Division 9--Steps after exemption notice application decided
290. Application of div 9
291. Additional information to be given if negative exemption notice issued
292. Notifiable person to be notified of decision
293. Department to be given particular advice
Division 10--Cancellation or suspension of exemption notices etc.
294. Cancelling negative exemption notice etc. on holder's application
295. Cancelling positive exemption notice and substituting it with negative exemption notice
296. Cancelling negative exemption notice and issuing positive exemption notice
297. Cancelling positive exemption notice if relevant disqualified person
298. Suspension of a positive exemption notice if charged with disqualifying offence or subject to temporary or interim order
299. Ending of suspension and issue of further exemption notice
300. Notifying holder of expiry of positive exemption notice if no longer police officer or registered teacher
301. Effect of negative exemption notice if person no longer police officer or registered teacher
302. Cancelling positive exemption notice on holder's request
Division 11--Return of exemption notices etc.
303. Return of previously held exemption notice or prescribed notice
304. Return of cancelled or expired positive exemption notice
Part 6--Provisions about obtaining or dealing with information relating to prescribed notices and exemption notices
Division 1--Investigative information
305. Police commissioner may decide that information about a person is investigative information
306. Police commissioner not to delegate power under s 305
307. Appeal against police commissioner's decision that information is investigative information
308. Court to decide matters afresh
309. Consequence of decision on appeal
Division 2--Obtaining information from police commissioner
310. Application of div 2
311. Commissioner may ask police commissioner for information
312. Police commissioner to comply with request
313. Information to be given about relevant disqualified person
314. Information to be given about person subject of application for disqualification order or offender prohibition order
315. Police commissioner to notify person about investigative information given about the person
316. Use of information given to police commissioner
317. Notice of change in police information about a person
Division 3--Obtaining police information from other State entities
318. Obtaining information from director of public prosecutions
319. Obtaining information from chief executive (corrective services)
Division 4--Obtaining information from interstate police commissioner
320. Requesting further information about interstate convictions and charges
Division 5--Changes in information or status
321. Acquiring police information
322. Effect of conviction for serious offence
323. Effect of change in police information about employee
324. Person carrying on a regulated business to notify commissioner of change in police information
325. Effect of change in police information about other persons
326. Police commissioner to advise commissioner if person ceases to be police officer
327. Effect of person ceasing to be police officer
328. Effect of person ceasing to be registered teacher
Division 6--Obtaining report about person's mental health
329. Application of div 6
330. Commissioner may request person to undergo examination by registered health practitioner etc.
331. Nominating registered health practitioner to conduct examination
332. Registered health practitioner obtaining information from Mental Health Court
333. Registered health practitioner obtaining information from Mental Health Review Tribunal
334. Use of information obtained from Mental Health Court or Mental Health Review Tribunal
335. Commissioner may obtain report about person's mental health from registered health practitioner
336. Commissioner to bear medical costs
Division 7--Obtaining other information about person's mental health
337. Commissioner may obtain particular information from Mental Health Court
338. Commissioner may obtain particular information from Mental Health Review Tribunal
Division 8--Dealing with information
339. Commissioner to give notice to particular entities about a change in police information
340. Commissioner must give police commissioner a person's current address
341. Giving other information to police commissioner
342. Commissioner may give information about director of school's governing body to accreditation board
343. Commissioner must give information about particular persons to college of teachers
344. Commissioner must give information about particular holders to chief executive (disability services)
345. Use of information obtained under this chapter about a person
346. Guidelines for dealing with information
Part 7--Miscellaneous provisions about prescribed notices and exemption notices
Division 1--Replacement notice
347. Replacement of lost or stolen notice or card
348. Replacement notice if change of name or contact details
349. Replacement notice if change in employment etc. details generally
350. New notice if relevant change happens for volunteer or person carrying on business other than for financial reward
Division 2--Offences relating to false or misleading information
351. False or misleading disclosure
352. False or misleading documents
Division 3--Review and appeal
353. Definitions for div 3
354. Person may apply for review of chapter 8 reviewable decision
355. Effect of applicant for a review becoming a disqualified person
Division 4--Other miscellaneous provisions
356. Compliance with requirement to end, or not start, a person's regulated employment
357. Disqualification order
CHAPTER 8A--CRIMINAL HISTORY CHECKS, AND ASSESSING SUITABILITY, OF PERSONS ENGAGED BY THE COMMISSION
Part 1--Preliminary
357A. Purposes of ch 8A
357B. This chapter applies despite the Criminal Law (Rehabilitation of Offenders) Act 1986
357C. Commissioner to advise of duties of disclosure etc.
Part 2--Disclosure of criminal history
357D. Person seeking to be engaged by commission must disclose criminal history
357E. Person engaged by commission must disclose changes in criminal history
357F. Requirements for disclosure
357G. False or misleading disclosure or failure to disclose
Part 3--Employment screening of persons to start or continue in regulated employment
357H. Undertaking employment screening with consent
Part 4--Employment screening of persons engaged, or to be engaged, in child-related duties
357I. Application of pt 4
357J. Prescribed notice or exemption notice required for child-related duties
357K. Undertaking employment screening with consent
357L. Engaging public service employee before prescribed notice or exemption notice issued
357M. Engaging other person before prescribed notice or exemption notice issued
357N. Effect of suspension or cancellation of positive notice or positive exemption notice
Part 5--Commissioner may obtain information from other entities about criminal history and certain investigations
Division 1--Obtaining information from police commissioner on request
357O. Application of div 1
357P. Commissioner may obtain information from police commissioner
Division 2--Obtaining information about charges etc.
357Q. Prosecuting authority to notify commissioner about committal, conviction etc.
Part 6--Controls on use of information about criminal history and certain investigations
357R. Use of information obtained under this chapter
357S. Person to be advised of information obtained from police commissioner
357T. Guidelines for dealing with information
CHAPTER 9--PROVISIONS ABOUT QCAT PROCEEDINGS
Part 1--QCAT proceedings about child-related employment review
358. Definitions for pt 1
359. Application of pt 1
360. Principle for reviewing child-related employment decision
361. Proceeding must always be held in private
362. Applications on behalf of children
363. Withdrawal of application for review
364. Children must not be compelled to give evidence
365. Children giving evidence
366. Questioning of children
367. Provisions for QCAT child-related employment reviews
Part 2--QCAT to give statistical information to commissioner
368. QCAT's principal registrar to give statistical information to commissioner
CHAPTER 10--GENERAL
Part 1--Review of particular decisions
369. Meaning of reviewable decision for pt 1
370. Commissioner may apply for review of reviewable decisions
Part 2--When commissioner may give notice other than in writing
371. Application of pt 2
372. Person asks for notice other than in writing
373. Written notice inappropriate
374. Commissioner must keep record
Part 3--Evidence and legal proceedings
375. Positive notice blue card is evidence of holding positive notice
376. Evidentiary provisions
377. Indictable and summary offences
378. Proceedings for indictable offences
379. Limitation on who may summarily hear indictable offence proceedings
380. Proceeding for offences
381. When proceeding may start
382. Allegations of false or misleading information or statements
383. Executive officers must ensure corporation complies with Act
Part 4--Confidentiality
384. Confidentiality of information about criminal history or related information
385. Confidentiality of other information
386. Disclosure of information about investigations
Part 5--Reprisals
387. Meaning of taking a reprisal
388. Offence of taking a reprisal
389. Damages entitlement for reprisal
Part 6--Miscellaneous
390. Meaning of parent
391. Relationship with complaints agencies
392. Complaints agency or other government service provider to inform commissioner about actions taken for complaint
393. Protection from liability
394. Whistleblowers' protection
395. Other reports by commissioner
396. Annual report by commission
397. Commissioner may enter into arrangement about giving and receiving information with police commissioner
398. Commissioner may enter into arrangement with chief executive (child safety)
399. Delegation by commissioner or assistant commissioner
400. Approved forms
401. Regulation-making power
CHAPTER 11--TRANSITIONAL AND OTHER PROVISIONS
Part 1--Repeal
402. Repeal of Children's Commissioner and Children's Services Appeals Tribunals Act 1996
Part 2--Transitional provisions on repeal of Children's Commissioner and Children's Services Appeals Tribunals Act 1996
403. Meaning of commencing day
404. Commissioner
405. Continuation of commission and staff
406. Continuation of certain complaints
407. Official visitors
Part 3--Transitional provisions for amendment of Juvenile Justice Act 1992
408. Official visitors
Part 4--Transitional provisions for Child Care Act 2002
409. Meaning of commencement day
410. Carrying on licensed child care service
411. Carrying on other regulated child care business
412. Employment in child care
Part 5--Transitional provisions for Education and Other Legislation (Student Protection) Amendment Act 2003
413. Definitions for pt 5
414. Outstanding applications for suitability notice
415. Employment mentioned in sch 1, s 6A
416. Carrying on business mentioned in sch 1, s 11
Part 6--Transitional provisions for Child Safety Legislation Amendment Act 2004
417. Commissioner
418. Commission
419. Child deaths
420. References to child safety department
421. First report under s 89ZA
Part 7--Transitional provisions for the Commission for Children and Young People and Child Guardian Amendment Act 2004
422. Volunteers
423. Application of amendment of sch 1 to particular employment
424. Employment that becomes regulated employment other than employment mentioned in s 189(1)
425. Carrying on regulated business
426. Provision because of the definition serious offence
427. Issue of positive notice blue card before commencement
428. Charge for excluding offence not to apply to particular holders of positive notices
429. References to suitability notice
Part 8--Further transitional provisions for the Commission for Children and Young People and Child Guardian Amendment Act 2004
430. Definitions for pt 8
431. Main purpose of pt 8
432. Circumstances, after commencement, in which pre-amended Act applies to outstanding relevant application
433. Circumstances, after commencement, in which this Act applies to outstanding relevant application
434. Relevant applications dealt with before commencement
435. Application of ss 122 and 122A in particular circumstances
436. Circumstances, after commencement, relating to ss 118 and 119 of pre-amended Act
437. Circumstances, before commencement, relating to ss 118 and 119 of pre-amended Act
438. Circumstances where pre-amended Act applies to application for review made before commencement
439. Circumstances where this Act applies to notices issued before the commencement
440. References to prescribed notice
Part 9--Transitional provisions for Child Safety (Carers) Amendment Act 2006
441. Definition for pt 9
442. Regulated employment—volunteers
443. Regulated employment—other persons
444. Carrying on regulated business
445. Particular certificates of approval under Child Protection Act 1999
446. Particular licences under Child Protection Act 1999
Part 10--Transitional and validation provisions for Commission for Children and Young People and Child Guardian Amendment Act 2007
447. Definitions for pt 10
448. Continuing employment in health, counselling or support services
449. Carrying on regulated business providing health, counselling or support services
450. Applications and decisions made before the commencing day relating to health, counselling or support services
Part 11--Transitional provisions for Commission for Children and Young People and Child Guardian and Another Act Amendment Act 2008
451. Definition for pt 11
452. Applications by disqualified persons who are not relevant disqualified persons
453. Applications by relevant disqualified persons
454. Applications by persons who are not disqualified persons
455. Existing applications for review or appeal
456. Positive notices held by disqualified persons who are not relevant disqualified persons
457. Positive notices held by relevant disqualified persons
458. Continuation if commissioner acting on own initiative
459. Notice by commissioner of withdrawal of application under this part
460. Notice by commissioner of cancellation of positive notice under this part
461. Application of ss 120B, 120C and 120D
462. Application of s 120E
463. No retrospective criminal liability
Part 12--Transitional provision for Criminal Code and Other Acts Amendment Act 2008
464. References in schs 2 and 4 to Criminal Code offence
Part 13--Transitional provisions for Criminal History Screening Legislation Amendment Act 2010
Division 1--Preliminary
465. Definitions for pt 13
Division 2--Transitional provisions relating to chapter 8
466. Existing applications for prescribed notice about employment that is no longer regulated employment
467. Existing applications for prescribed notice about a business that is no longer a regulated business
468. Existing applications for prescribed notice about person convicted of new disqualifying offence
469. Existing applications for prescribed notice about new relevant disqualified person
470. Other existing applications for prescribed notice
471. Existing positive notices held by new relevant disqualified person because of interim order
472. Existing positive notices held by other new relevant disqualified persons
473. Other existing positive notices and positive notice blue cards
474. Existing negative notices
475. Application of ch 8 to police officers and registered teachers
476. Application of ch 8 to disability services regulated employment
477. Application of ch 8 to disability services regulated businesses
478. Application of ch 8 to new local government regulated employment
479. Application of ch 8 to new local government regulated business
480. Employing persons in other new regulated employment
481. Carrying on other new regulated business
482. Effect of conviction for serious offence
483. Existing applications to cancel negative notice
484. Existing suspensions of positive notice
485. Continuation if commissioner acting on own initiative
486. Effect of conviction or charge for new disqualifying offence
487. Replacement of positive notice or positive notice blue card
488. Existing eligibility application by new relevant disqualified person
489. Other existing eligibility applications
490. Existing decisions on eligibility applications
491. Existing reviews and appeals by new disqualified person
492. Other existing reviews and appeals
493. Person may apply for a review of a decision
494. Police commissioner's decision that information is investigative information
495. Appeals against police commissioner's decision that information is investigative information
496. Notice about withdrawal of application or negative notice
497. Dealing with information
498. Disqualification orders for acts done or omissions made before commencement
Division 3--Transitional provisions relating to previous part 7
499. Notice about change in criminal history not given at the commencement
500. Request for prescribed police information not complied with at the commencement
501. Particular prescribed police information obtained but not used before commencement
502. Notice not given by prosecuting authority at the commencement
503. Use of particular information obtained before commencement
Division 4--Other transitional provision
504. References to Youth Justice Act 1992
Part 14--Transitional provisions for Child Protection and Other Acts Amendment Act 2010
505. Application of s 349
506. Application of s 350
507. Fee not payable under s 350 if a fee previously paid
508. Persons being considered for engagement by the commission at the commencement
SCHEDULE 1 -- REGULATED EMPLOYMENT AND BUSINESSES FOR EMPLOYMENT SCREENING
Part 1--Regulated employment
1. Residential facilities
2. Schools—boarding facilities
3. Schools—employees other than teachers and parents
4. Child care
5. Churches, clubs and associations involving children
6. Health, counselling and support services
7. Private teaching, coaching or tutoring
8. Education programs conducted outside of school
9. Child accommodation services including home stays
10. Religious representatives
11. Sport and active recreation
12. Emergency services cadet program
13. School crossing supervisors
14. Care of children under Child Protection Act 1999
15. Regulation about usual functions of employment
Part 2--Regulated businesses
16. Health, counselling and support services
17. Private teaching, coaching or tutoring
18. Child care
19. Educational programs conducted outside of school
20. Religious representatives
21. Child accommodation services including home stays
22. Sport and active recreation
23. Hostel for children other than residential facility
24. Businesses relating to licensed care service under Child Protection Act 1999
25. Non-State schools—directors of governing bodies and authorised persons
Part 3--Employment, or carrying on of a business, to which chapter 8 of this Act does not apply
26. Person engaged in employment for the police service
27. Employment of relevant person under the Corrective Services Act 2006
28. Registered health practitioners
29. Person providing only help or guidance to child employee
30. Ambulance officers
SCHEDULE 2 -- CURRENT SERIOUS OFFENCES
SCHEDULE 3 -- REPEALED OR EXPIRED SERIOUS OFFENCES
SCHEDULE 4 -- CURRENT DISQUALIFYING OFFENCES
SCHEDULE 5 -- REPEALED OR EXPIRED DISQUALIFYING OFFENCES
SCHEDULE 6 -- OFFENCES THAT MAY FORM BASIS OF INVESTIGATIVE INFORMATION
SCHEDULE 7 -- DICTIONARY
Endnotes
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