COMMISSION FOR CHILDREN AND YOUNG PEOPLE AND CHILD GUARDIAN ACT 2000

Queensland Consolidated Acts

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COMMISSION FOR CHILDREN AND YOUNG PEOPLE AND CHILD GUARDIAN ACT 2000

TABLE OF PROVISIONS

Long Title

Contents

Part 1--Preliminary

Division 1--Introduction

1. Short title
2. Commencement
3. Dictionary
4. Act binds all persons
4A. Notes in text

Division 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
7A. Scope of Act relating to children in the child safety system

Division 3--Service providers

8. Meaning of service provider
9. Meaning of government service provider
10. Meaning of private service provider
11. Services provided by a service provider

Division 4--Children in the child safety system

11A. When is a child in the child safety system

Part 2--Commissioner, assistant commissioner and commission

Division 1--Establishment

12. Establishment of commissioner, assistant commissioner and commission
13. Control of commission
14. Application of other Acts

Division 2--Functions and powers

15. Commissioner's functions
15AA. Monitoring functions
15A. Role of assistant commissioner
16. Commissioner's powers
16A. Assistant commissioner's powers
17. Commissioner must act independently etc.
18. Way in which commissioner is to perform commissioner's functions
19. Commissioner may use expert advisers or cooperate with other entities
20. Referral of matters or offences to other persons

Division 3--Appointment of commissioner and related provisions

21. Appointment of commissioner
22. Duration of appointment
23. Terms and conditions of appointment
24. Preservation of rights
25. Leave of absence
26. Resignation
27. Termination of appointment
28. Acting commissioner

Division 3A--Appointment of assistant commissioner

28A. Appointment of assistant commissioner

Division 4--Commission's staff

29. Commission's staff
30. Criminal history screening of commission's staff
31. Staff subject only to direction of commissioner

Part 2A--Powers and obligations relating to the commissioner's monitoring functions

Division 1--Operation of part 2A

31A. Powers relate to monitoring functions
31B. Service providers to which this part applies

Division 2--Powers and obligations

31C. Power to require information or documents
31D. Access to information and documents of the child safety department
31DA. Access to information and documents of a relevant service provider other than the child safety department
31DB. Exempt information and documents
31E. Help to obtain information or documents from a licensee
31EA. Protection from liability for giving information
31EB. Restricted use of confidential information accessed under this part
31EC. Commissioner to advise on-disclosure
31F. Periodic reporting
31G. Review of service
31H. Recommendations
31I. Report to Ministers about noncompliance
31J. Noncompliance not an offence

Part 3--Complaints and investigations

Division 1AA--Preliminary

31K. Operation of pt 3

Division 1--Making complaints

32. Subject matter of complaints
33. Basis of complaints and who may complain
34. Time limit for making complaint
35. Identity of complainant
36. Complaint may be made in writing or orally
37. Initiation of complaints in name of commissioner

Division 2--Assessing complaints and deciding further action

38. Assessment of complaint
39. Action following assessment
40. Grounds for not dealing with complaint

Division 3--Investigations
Subdivision 1--Starting an investigation

41. Investigation of complaint
42. Other investigations
Subdivision 2--Access to child and information for investigation
43. Access to child
44. Security directions about visiting detention centres etc.
45. Notice for information
46. Identity of notifier under Child Protection Act 1999 or Public Health Act 2005
Subdivision 3--Defences for failing to comply with notice for information
47. Application of sdiv 3
48. Witness privilege
49. Notice for information given to law enforcement agency
50. Claim of unjustifiable exercise of power
51. Supreme Court applications
Subdivision 4--Other offences
52. Commissioner may require oath or affirmation
53. False or misleading statements
54. False or misleading documents
55. Obstructing or improperly influencing investigation
Subdivision 5--Matters at end of investigation
56. Ending an investigation in child's best interests
57. Notice of complaint investigation result
58. Report after investigation
59. No liability for defamation if report made in good faith
Subdivision 6--Reports and tabling them
60. Application of sdiv 6
61. Commissioner may ask Minister to table report
62. Confidential reports
63. Response to adverse comment

Part 4--Community visitors

Division 1--Preliminary

64. Purpose of pt 4
64A. Meaning of visitable site
64B. Meaning of visitable home

Division 2--Visits to visitable sites and homes

65. Commissioner must arrange regular and frequent visits
66. Requirement to visit visitable site or communicate if asked
66A. Requirement to visit visitable home or communicate if asked
67. Report after each visit

Division 3--Functions and powers
Subdivision 1--Functions

68. Functions
Subdivision 2--Power of entry to visitable sites and visitable homes
69. Power of entry
70. Consent to entry
71. Application for warrant
72. Issue of warrant
73. Warrants—procedure before entry
Subdivision 3--Other powers
74. Related powers for visitable sites
75. Powers in relation to staff of visitable sites
76. Power to require staff of visitable site to produce documents
76A. Powers relating to visitable homes
Subdivision 4--Exercise of powers
77. Child's views and wishes
78. Community visitor to respect privacy
79. Commissioner's directions about the exercise of powers
80. Security directions about visiting detention centres

Division 4--Appointment of community visitors

81. Appointment
82. Duration of appointment
83. Terms of appointment

Division 5--Identity cards

84. Identity card
85. Failure to return identity card
86. Production or display of identity card

Division 6--Miscellaneous

87. Obstruction of visitor in exercise of powers
88. Privacy of correspondence between community visitor and residents

Part 4A--Child deaths

Division 1--Child Death Case Review Committee
Subdivision 1--Preliminary

89A. Definitions for div 1
Subdivision 2--Establishment and functions
89B. Establishment
89C. Functions
89D. CDCRC must act independently
89E. CDCRC may use expert advisors
Subdivision 3--Membership
89F. Membership
89G. Provision relating to appointment of State Coroner as appointed member
89H. Minister may obtain report from police commissioner
89I. Application of Criminal Law (Rehabilitation of Offenders) Act 1986
89J. Conditions of appointment
89K. Vacation of office of appointed member
89L. Removal from office of appointed members
Subdivision 4--Chairperson
89M. Chairperson
Subdivision 5--Conduct of business
89N. Quorum
89O. Conduct of meetings
89P. Minutes
89Q. Disclosure of interests
89R. Conduct of business
Subdivision 6--Reviews and reports
89S. Criteria to be used in carrying out review
89T. Carrying out review
89U. CDCRC to give copy of its report to certain persons
Subdivision 7--Recommendations
89V. Request to chief executive (child safety)
89W. CDCRC may give report to Minister in certain circumstances
Subdivision 8--Other provisions
89X. Confidentiality of information
89Y. No liability for defamation if report made in good faith
89Z. Information not to be given in evidence
89ZA. Annual report
89ZB. Administrative support for CDCRC

Division 2--Commissioner's functions relating to child deaths

89ZC. Register
89ZD. Access to information in the register for research purposes
89ZE. Other functions relating to information about child deaths
89ZF. Reports
89ZG. Government entity may enter into arrangement with commissioner
89ZH. Disclosure of information

Part 5--Advisory committees

90. Establishment
91. Membership
92. Functions
93. Dissolution
94. Other matters

Part 6--Screening for regulated employment and regulated businesses

Division 1--Preliminary

95. Main purpose of pt 6
96. Safety and wellbeing of children to be paramount consideration
97. Employment and businesses regulated by this part
98. This part applies despite the Criminal Law (Rehabilitation of Offenders) Act 1986
98A. This part does not apply to person engaged in employment for the police service
98B. Declaration relating to exemption to category of regulated employment or regulated business

Division 1A--Interpretation

99. What is employment
99A. What is employment when education provider arranges trainee student to carry out work for someone else
99B. What is employment in child care
99BA. Matters about particular regulated employment
99C. What is a serious offence
99F. Who is a volunteer

Division 1B--Risk management strategies

99G. Risk management strategies about regulated businesses and persons employed in regulated employment

Division 2--Issue of prescribed notices for regulated employment or regulated businesses

100. Application for notice—regulated employment
101. Application for notice—regulated business
101A. Notice of change of employment, or name and contact details in application under s 100 or 101
102. Decision on application
102A. Decision-making under s 102 in relation to discretionary matters
102B. Actions of commissioner after making decision on application
103. Commissioner to invite submissions from person about particular information
104. Currency of prescribed notice and positive notice blue card

Division 3--Obligations and offences relating to prescribed notices
Subdivision 1--Regulated employment as volunteers

104A. Application of sdiv 1
104B. Starting employment
104BA. Currency of prescribed notice for person continuing employment
Subdivision 1A--Regulated employment other than as volunteers
104C. Application of sdiv 1A
105. Continuing employment of certain regular employees
106. Starting employment of certain regular employees
106A. Starting employment of new employees
107. Prohibited employment
Subdivision 1B--Obligations if holder of negative notice or application for prescribed notice is withdrawn
108. Person holding negative notice, or who has withdrawn consent to employment screening, not to apply for, or start or continue in, regulated employment
Subdivision 2--Regulated business
109. Carrying on regulated business
109A. Currency of prescribed notice for person carrying on regulated business
Subdivision 3--Changes in police information
110. Acquiring police information
111. Effect of conviction for serious offence
112. Change in police information of employee
113. Change in police information of person carrying on a regulated business
114. Change in police information of other persons
Subdivision 4--General
115. False or misleading disclosure
116. False or misleading documents
117. Return of positive notice and any positive notice blue card to commissioner

Division 4--Cancellation and replacement of prescribed notices

118. Cancellation of negative notice
119. Commissioner may cancel a prescribed notice and substitute another prescribed notice
119A. Cancellation if relevant disqualified person
119C. Suspension of a positive notice
119D. Cancellation of suspension and issue of further prescribed notice
119E. Request to cancel suspended positive notice
120. Replacement of positive notice or positive notice blue card
120A. Change of details for prescribed notice or positive notice blue card

Division 4A--Disqualified persons

120B. What is a disqualifying offence
120C. Who is a disqualified person
120D. Who is a relevant disqualified person
120E. Offences for disqualified person
120F. Application for an eligibility declaration
120G. Notice of change of name and contact details in eligibility application
120H. Commissioner's decision on eligibility application
120I. Eligibility declaration taken to have been issued
120J. Withdrawing eligibility application
120K. Expiry of eligibility declaration
120L. Reversal of decision refusing an eligibility declaration

Division 5--Miscellaneous

121. Person may apply for review of decision
121AA. Effect of applicant under s 121 becoming a disqualified person
121A. Police commissioner may decide that information about a person is investigative information
121B. Police commissioner not to delegate power under s 121A
121C. Decision by police commissioner that information is investigative information
121D. Court to decide matters afresh
121E. Consequence of decision on appeal
122. Commissioner may obtain information from police commissioner
122A. Notice of change in police information about a person
122B. Commissioner to give notice to particular entities about a change in police information about a relevant person
123. Withdrawal of employee's consent to employment screening
123A. Notice about withdrawal of application or negative notice
124. Compliance with requirement to end, or not start, a person's regulated employment
125. Guidelines for dealing with information
126. Use of information obtained under this part about a person
126A. Commissioner must give police commissioner a person's current address
126AA. Giving other information to police commissioner
126B. Commissioner may give information to accreditation board about director of school's governing body
126C. Disqualification order

Division 6--Transitional

127. Application of this part
128. Application for prescribed notice for current employee

Part 7--Criminal history checks of commission's staff

Division 1--Preliminary

129. Purpose of pt 7
130. This part applies despite the Criminal Law (Rehabilitation of Offenders) Act 1986
131. Commissioner to advise of duties of disclosure etc.

Division 2--Disclosure of criminal history

132. Person seeking to be a staff member must disclose criminal history
133. Staff member must disclose changes in criminal history
134. Requirements for disclosure
135. False or misleading disclosure or failure to disclose

Division 3--Commissioner may obtain information from other entities about criminal history and certain investigations

136. Commissioner may obtain report from police commissioner
137. Prosecuting authority to notify commissioner about committal, conviction etc.

Division 4--Controls on use of information about criminal history and certain investigations

138. Use of information obtained under this part
139. Person to be advised of information obtained
140. Guidelines for dealing with information

Part 7A--Commissioner may apply for review of particular decisions

140A. Meaning of reviewable decision for pt 7A
140B. Commissioner may apply for review of reviewable decisions

Part 8--General

Division 1--When commissioner may give notice other than in writing

141. Application of div 1
142. Person asks for notice other than in writing
143. Written notice inappropriate
144. Commissioner must keep record

Division 2--Evidence and legal proceedings

144A. Positive notice blue card is evidence of holding positive notice
145. Evidentiary provisions
146. Indictable and summary offences
147. Proceedings for indictable offences
148. Limitation on who may summarily hear indictable offence proceedings
149. Proceeding for offences
150. When proceeding may start
151. Allegations of false or misleading information or statements
151A. Executive officers must ensure corporation complies with Act

Division 3--Confidentiality

152. Confidentiality of information about criminal history
153. Confidentiality of other information
154. Disclosure of information about investigations

Division 4--Reprisals

155. Meaning of taking a reprisal
156. Offence of taking a reprisal
157. Damages entitlement for reprisal

Division 5--Miscellaneous

158. Meaning of parent
159. Relationship with complaints agencies
160. Complaints agency or other government service provider to inform commissioner about actions taken for complaint
161. Protection from liability
162. Whistleblowers' protection
163. Other reports by commissioner
163A. Annual report by commission
164. Commissioner may enter into arrangement about giving and receiving information with police commissioner
164A. Commissioner may enter into arrangement with chief executive (child safety)
165. Delegation by commissioner or assistant commissioner
166. Approved forms
167. Regulation-making power

Part 9--Transitional and other provisions

Division 1--Repeal

168. Repeal of Children's Commissioner and Children's Services Appeals Tribunals Act 1996

Division 2--Transitional provisions on repeal of Children's Commissioner and Children's Services Appeals Tribunals Act 1996

169. Meaning of commencing day
170. Commissioner
171. Continuation of commission and staff
172. Continuation of certain complaints
173. Official visitors

Division 3--Transitional provisions for amendment of Juvenile Justice Act 1992

174. Official visitors

Division 4--Transitional provisions for Child Care Act 2002

175. Meaning of commencement day
176. Carrying on licensed child care service
177. Carrying on other regulated child care business
178. Employment in child care

Division 5--Transitional provisions for Education and Other Legislation (Student Protection) Amendment Act 2003

179. Definitions for div 5
180. Outstanding applications for suitability notice
181. Employment mentioned in sch 1, s 6A
182. Carrying on business mentioned in sch 1, s 11

Division 6--Transitional provisions for Child Safety Legislation Amendment Act 2004

183. Commissioner
184. Commission
185. Child deaths
186. References to child safety department
187. First report under s 89ZA

Division 7--Transitional provisions for the Commission for Children and Young People and Child Guardian Amendment Act 2004

188. Volunteers
189. Application of amendment of sch 1 to particular employment
190. Employment that becomes regulated employment other than employment mentioned in s 189(1)
191. Carrying on regulated business
192. Provision because of the definition serious offence
193. Issue of positive notice blue card before commencement
194. Charge for excluding offence not to apply to particular holders of positive notices
195. References to suitability notice

Division 8--Further transitional provisions for the Commission for Children and Young People and Child Guardian Amendment Act 2004

196. Definitions for div 8
197. Main purpose of div 8
198. Circumstances, after commencement, in which pre-amended Act applies to outstanding relevant application
199. Circumstances, after commencement, in which this Act applies to outstanding relevant application
200. Relevant applications dealt with before commencement
201. Application of ss 122 and 122A in particular circumstances
202. Circumstances, after commencement, relating to ss 118 and 119 of pre-amended Act
203. Circumstances, before commencement, relating to ss 118 and 119 of pre-amended Act
204. Circumstances where pre-amended Act applies to application for review made before commencement
205. Circumstances where this Act applies to notices issued before the commencement
206. References to prescribed notice

Division 9--Transitional provisions for Child Safety (Carers) Amendment Act 2006

207. Definition for div 9
208. Regulated employment—volunteers
209. Regulated employment—other persons
210. Carrying on regulated business
211. Particular certificates of approval under Child Protection Act 1999
212. Particular licences under Child Protection Act 1999

Division 10--Transitional and validation provisions for Commission for Children and Young People and Child Guardian Amendment Act 2007

213. Definitions for div 10
214. Continuing employment in health, counselling or support services
215. Carrying on regulated business providing health, counselling or support services
216. Applications and decisions made before the commencing day relating to health, counselling or support services

Division 11--Transitional provisions for Commission for Children and Young People and Child Guardian and Another Act Amendment Act 2008

217. Definition for div 11
218. Applications by disqualified persons who are not relevant disqualified persons
219. Applications by relevant disqualified persons
220. Applications by persons who are not disqualified persons
221. Existing applications for review or appeal
222. Positive notices held by disqualified persons who are not relevant disqualified persons
223. Positive notices held by relevant disqualified persons
224. Continuation if commissioner acting on own initiative
225. Notice by commissioner of withdrawal of application under this division
226. Notice by commissioner of cancellation of positive notice under this division
227. Application of ss 120B, 120C and 120D
228. Application of s 120E
229. No retrospective criminal liability

Division 12--Transitional provision for Criminal Code and Other Acts Amendment Act 2008

231. References in schs 2 and 2B to Criminal Code offence
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
3A. Child care
4. Churches, clubs and associations involving children
5. Health, counselling and support services
6. Private teaching, coaching or tutoring
6A. Education programs conducted outside of school
6B. Child accommodation services including home stays
6C. Religious representatives
6D. Sport and active recreation
6E. Emergency services cadet program
6F. School crossing supervisors
6G. Care of children under Child Protection Act 1999
7. Regulation about usual functions of employment

Part 2--Regulated businesses
8. Health, counselling and support services
9. Private teaching, coaching or tutoring
10. Child care
11. Educational programs conducted outside of school
12. Religious representatives
13. Child accommodation services including home stays
14. Sport and active recreation
15. Hostel for children other than residential facility
16. Businesses relating to licensed care service under Child Protection Act 1999
SCHEDULE 2 -- CURRENT SERIOUS OFFENCES
SCHEDULE 2A -- REPEALED OR EXPIRED SERIOUS OFFENCES
SCHEDULE 2B -- CURRENT DISQUALIFYING OFFENCES
SCHEDULE 2C -- REPEALED OR EXPIRED DISQUALIFYING OFFENCES
SCHEDULE 4 -- DICTIONARY
Endnotes

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