COMMISSION FOR CHILDREN AND YOUNG PEOPLE AND CHILD GUARDIAN ACT 2000

Queensland Consolidated Acts

[Index] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]

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

[Index] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]