none act-2000-060 allinforce 60 Commission for Children and Young People and Child Guardian Act 2000; Commission for Children and Young People Act 2000 act.reprint 2026-01-01 Working with Children (Risk Management and Screening) Act 2000 act 2000 Working with Children (Risk Management and Screening) Act 2000 An Act to establish a scheme requiring the development and implementation of risk management strategies, and the screening of persons employed in particular employment or carrying on particular businesses, to promote and protect the rights, interests and wellbeing of children in Queensland Long title amd 2004 No. 13s 31; 2014 No. 28s 49 amd 2024 No. 49s 124 (uncommenced amendment) Chapter 1 Preliminary ch 1 hdg (prev pt 1 hdg) sub 2010 No. 5s 56(3)sch 2 amdt 1 Part 1 Introduction ch 1 pt 1 hdg prev ch 1 pt 1 hdg (prev pt 1 div 1 hdg) sub 2010 No. 5s 56(3)sch 2 amdt 1 om 2014 No. 28s 50 pres ch 1 pt 1 hdg ins 2019 No. 18s 4 1 Short title This Act may be cited as the Working with Children (Risk Management and Screening) Act 2000. s 1 amd 2004 No. 13s 32 sub 2014 No. 28s 51 amd 2024 No. 49s 125 (uncommenced amendment) 2 Commencement This Act commences on a day to be fixed by proclamation. 4 Act binds all persons (1) This Act binds all persons including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and all the other States. (2) Subsection (1) does not make the State, the Commonwealth or another State liable for an offence. 4A s 4A ins 2004 No. 13s 33 om 2010 No. 5s 56(2)sch 1 amdt 1 5 Object of Act The object of this Act is to promote and protect the rights, interests and wellbeing of children and young people in Queensland through a scheme requiring—

(a) the development and implementation of risk management strategies; and

(b) the screening of persons employed in particular employment or carrying on particular businesses.

s 5 amd 2004 No. 13s 34 sub 2014 No. 28s 52 amd 2024 No. 49s 126 (uncommenced amendment) 6 Principles for administering this Act This Act is to be administered under the following principles—

(a) the welfare and best interests of a child are paramount;

(b) every child is entitled to be cared for in a way that protects the child from harm and promotes the child’s wellbeing, which for an Aboriginal child or Torres Strait Islander child includes recognising the importance of connection with the child’s family, community, culture, traditions and language.

s 6 amd 2004 No. 13s 35 sub 2014 No. 28s 52 amd 2024 No. 50s 30 7 Act applies despite the Criminal Law (Rehabilitation of Offenders) Act 1986 This Act applies to a person despite anything in the Criminal Law (Rehabilitation of Offenders) Act 1986. s 7 prev s 7 sub 2014 No. 28s 52 om 2016 No. 43s 56 pres s 7 ins 2019 No. 18s 5 8 Chief executive’s main functions The chief executive’s main functions under this Act are—

(a) to administer the scheme under this Act that regulates—

(i) persons employed, or proposed to be employed, in certain child-related employment; and

(ii) persons carrying on, or proposing to carry on, certain child-related businesses; and

(b) to audit or monitor compliance with this Act; and

s 8 (prev s 7A) ins 2004 No. 13s 36 amd 2004 No. 36s 38; 2010 No. 5s 56(3)sch 2 amdts 3–4 renum 2010 No. 5s 56(3)sch 2 amdt 68 sub 2014 No. 28s 52 amd 2019 No. 18s 6; 2022 No. 7s 76; 2024 No. 50s 31 Part 2 Interpretation ch 1 pt 2 hdg prev ch 1 pt 2 hdg (prev pt 1 div 2 hdg) sub 2010 No. 5s 56(3)sch 2 amdt 1 om 2014 No. 28s 52 pres ch 1 pt 2 hdg ins 2019 No. 18s 7 9 Dictionary The dictionary in schedule 7 defines particular words used in this Act. s 9 prev s 9 (prev s 8) renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 52 pres s 9 (prev s 3) amd 2010 No. 5s 56(3)sch 2 amdt 2 reloc and renum 2019 No. 18s 8 10 What is employment (1) For this Act, a person is employing another person if the first person has an agreement with the other person for the other person to carry out work. (2) It is immaterial for this section—

(a) whether the agreement is written or unwritten; and

(b) whether the work is carried out voluntarily or for financial reward; and

(d) the time for which the person is engaged to carry out the work; and

(e) whether the agreement provides for the other person to carry out work on 1 occasion or on an ongoing basis, whether regularly or irregularly.

(3) Also, for this section, the nature of the work is immaterial. (4) This section is subject to section 11. Examples of employment—

1 A person engaged by a shopping centre to appear as Santa.

2 A person orally agrees with the manager of a club to coach a children’s sporting team during a season.

3 The manager of a counselling organisation agrees with an adult student that the student attend the organisation’s office each day during a semester and carry out various duties.

4 A tour operator arranges with the parents of a family to provide a child accommodation service in their home to an international student.

s 10 prev s 10 (prev s 9) renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 52 pres s 10 (prev s 161) ins 2010 No. 5s 58 reloc and renum 2019 No. 18s 15 amd 2019 No. 18s 86(1)sch 1; 2024 No. 50s 32 11 What is employment when education provider arranges trainee student to carry out work for someone else (1) This section applies if—

(a) the first person mentioned in section 10 is an education provider; and

(b) the other person mentioned in section 10 is a trainee student of the education provider; and

(c) the work to be carried out is part of the course that the trainee student is undertaking with the education provider; and

(d) the work is to be carried out for someone else.

(2) For section 10, the person for whom the trainee student is to carry out work, or carries out work, is employing the trainee student. (3) Subsection (2) applies even if there is no express agreement between the person and the trainee student for the trainee student to carry out the work. s 11 prev s 11 (prev s 10) renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 52 pres s 11 (prev s 162) ins 2010 No. 5s 58 amd 2019 No. 18s 12 reloc and renum 2019 No. 18s 15 12 Matters about particular regulated employment relating to care of children (1) This section applies if a person is engaged, or proposes to be engaged, in regulated employment mentioned in schedule 1, section 14(1) or (2). (2) For this Act, and for no other purpose, the State is taken to be employing, or proposing to employ, the person in the regulated employment. (3) For this Act—

(a) the chief executive (child safety) may carry out a function of the State relating to the person; and

(b) if the person must disclose information to the person’s employer, or notify the employer about a matter—the person must disclose the information to, or notify, the chief executive (child safety).

Note— This declaration arises out of the volunteer or non-employee status of persons engaged in regulated employment mentioned in schedule 1, section 14(1) or (2). s 12 prev s 12 (prev s 11) renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 52 pres s 12 (prev s 164) ins 2010 No. 5s 58 reloc and renum 2019 No. 18s 15 amd 2019 No. 18s 86(1)sch 1 12A Matters about employment relating to State educational institutions (1) This section applies if a person is employed at a State educational institution. (2) For this Act, the principal of the State educational institution and the chief executive of the department in which the Education (General Provisions) Act 2006 is administered are employing the person. s 12A ins 2024 No. 50s 33 13 Who is a volunteer (1) A volunteer is a person who is employed by another person and does not carry out any work for the other person for a financial reward. (2) In this section— financial reward does not include—

(a) a payment that is a reimbursement for out-of-pocket expenses; or

(b) for a person who is an approved carer—an allowance or other amount paid to the person under the Child Protection Act 1999, section 159.

s 13 prev s 13 (prev s 11A) ins 2004 No. 13s 37 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 52 pres s 13 (prev s 165) ins 2010 No. 5s 58 reloc and renum 2019 No. 18s 15 14 Executive officers of a corporation carrying on a regulated business (1) This section applies in relation to a corporation that carries on, or proposes to carry on, a regulated business. (2) For this Act other than section 172, a person is taken to be carrying on, or proposing to carry on, the regulated business by being, or proposing to be, an executive officer of the corporation. (3) Subsection (2) applies only if the person’s principal place of residence is in Australia. s 14 prev s 14 (prev s 12) sub 2004 No. 13s 39 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 53 pres s 14 (prev s 166) ins 2010 No. 5s 58 reloc and renum 2019 No. 18s 15 amd 2019 No. 18s 86(1)sch 1 amd 2024 No. 49s 131sch 5 (uncommenced amendment) 15 What is a serious offence (1) A serious offence is—

(a) an offence against a provision of an Act mentioned in schedule 2 or 3, column 1, subject to any qualification mentioned opposite in column 3; or

(b) an offence of counselling or procuring the commission of an offence of a kind mentioned in paragraph (a); or

(d) an offence that has, as an element, an intention to commit an offence of a kind mentioned in paragraph (a); or

(e) an offence that, at the time it was committed, or is alleged to have been committed, was an offence of a kind mentioned in paragraph (a); or

(f) another offence that is a reportable offence under the Offender Reporting Act that is not otherwise a serious offence under this Act; or

(g) an offence under a law of another jurisdiction that, if it had been committed in Queensland, would have constituted an offence mentioned in paragraph (a) to (f).

Note— Column 2 in schedules 2 and 3 is included for information purposes only and states a section heading for the provision mentioned opposite in column 1. (2) Despite subsection (1), an offence is not a serious offence if the offence was committed, or is alleged to have been committed, by a person when the person was a child. (3) However, if the conduct constituting or alleged to constitute an offence occurs between 2 dates, the first on which the person was a child and the second on which the person was an adult, the conduct is taken to occur when the person was an adult. (4) For this section, it is immaterial if a provision mentioned in schedule 2 or 3, column 1, for an Act has been amended from time to time or that the provision was previously numbered with a different number. s 15 prev s 15 (prev s 13) renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 53 pres s 15 (prev s 167) ins 2010 No. 5s 58 amd 2014 No. 34s 35sch 1 reloc and renum 2019 No. 18s 15 amd 2024 No. 50s 34 16 What is a disqualifying offence (1) A disqualifying offence is—

(a) an offence against a provision of an Act mentioned in schedule 4 or 5, column 1, subject to any qualification mentioned opposite in column 3; or

(b) an offence of counselling or procuring the commission of an offence of a kind mentioned in paragraph (a); or

(d) an offence that has, as an element, intention to commit an offence of a kind mentioned in paragraph (a); or

(e) an offence that, at the time it was committed, or alleged to have been committed, was an offence of a kind mentioned in paragraph (a); or

(f) an offence under a law of another jurisdiction that, if it had been committed in Queensland, would have constituted an offence mentioned in paragraph (a) to (e).

Note— Column 2 in schedules 4 and 5 is included for information purposes only and states a section heading for the provision mentioned opposite in column 1. (2) Despite subsection (1), an offence is not a disqualifying offence if the offence was committed, or is alleged to have been committed, by a person when the person was a child. (3) However, if the conduct constituting or alleged to constitute an offence occurs between 2 dates, the first on which the person was a child and the second on which the person was an adult, the conduct is taken to occur when the person was an adult. (4) For this section, it is immaterial if a provision mentioned in schedule 4 or 5, column 1, for an Act has been amended from time to time or that the provision was previously numbered with a different number. s 16 prev s 16 (prev s 14) amd 2001 No. 69s 378sch 1; 2009 No. 9s 136sch 1 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 53 pres s 16 (prev s 168) ins 2010 No. 5s 58 reloc and renum 2019 No. 18s 15 amd 2024 No. 50s 35 17 Who is a disqualified person A person is a disqualified person if the person—

(a) has been or is convicted of a disqualifying offence; or

(b) is subject to—

(i) offender reporting obligations; or

(ii) an offender prohibition order; or

(iii) a disqualification order; or

(iv) a sexual offender order; or

s 17 prev s 17 (prev s 15) amd 2004 No. 13s 40; 2004 No. 49s 4; 2004 No. 36s 39; 2010 No. 5s 56(3)sch 2 amdts 5–10 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 53 pres s 17 (prev s 169) ins 2010 No. 5s 58 amd 2014 No. 28s 55; 2019 No. 18s 13 reloc and renum 2019 No. 18s 15 amd 2024 No. 50s 36 18 Meaning of working with children authority A working with children authority means—

(a) a working with children clearance; or

(b) a working with children exemption.

s 18 prev s 18 (prev s 15AA) ins 2004 No. 36s 40 amd 2010 No. 5s 56(3)sch 2 amdts 11–12 renum 2010 No. 5s 56(3)sch 2 amdt 68 amd 2012 No. 5s 230sch 1pt 2 om 2014 No. 28s 53 pres s 18 (prev s 170) ins 2010 No. 5s 58 amd 2019 No. 18s 14 reloc and renum 2019 No. 18s 15 sub 2024 No. 50s 37 18A Meaning of working with children clearance A working with children clearance is an authority—

(a) issued by the chief executive to a person who made a working with children check (general) application; and

(b) that indicates—

(i) screening of the person has been undertaken under this Act; and

(ii) the person is authorised to engage in regulated employment or carry on a regulated business.

s 18A ins 2024 No. 50s 37 18B Meaning of working with children exemption A working with children exemption is an authority—

(a) issued by the chief executive to a person who made a working with children check (exemption) application; and

(b) that indicates—

(i) screening of the person has been undertaken under this Act; and

(ii) the person is authorised to engage in regulated employment or carry on a regulated business outside of the scope of the person’s responsibilities as a police officer or registered teacher.

s 18B ins 2024 No. 50s 37 18C Meaning of negative notice A negative notice is a declaration, issued by the chief executive to a person, that indicates—

(a) screening of the person has been undertaken under this Act; and

(b) the person is not authorised to engage in regulated employment or carry on a regulated business.

s 18C ins 2024 No. 50s 37 18D Meaning of risk to the safety of children A reference in this Act to a risk to the safety of children is a reference to a real and appreciable risk to the safety of children. s 18D ins 2024 No. 50s 37 19 Meaning of interstate working with children check application, interstate working with children authority and related terms (1) An interstate working with children check application is an application, however called, made under a corresponding WWC law that corresponds to a working with children check application under this Act. (2) An interstate working with children authority is an authority, however called, issued under a corresponding WWC law that corresponds to a working with children authority under this Act. (3) An interstate negative notice is a notice, however called, issued under a corresponding WWC law, that—

(a) corresponds to a negative notice; or

(b) imposes a condition that prohibits a person from carrying out child-related work.

(4) A conditional interstate WWC authority is an authority, however called, issued under a corresponding WWC law that has the effect of permitting a person to carry out child-related work subject to stated conditions, including, for example, a condition that the person carries out child-related work only under supervision. (5) An interstate interim bar is a restriction, however described, imposed under a corresponding WWC law in relation to a person who made an interstate working with children check application that has the effect of prohibiting the person from carrying out child-related work while the application is decided. s 19 prev s 19 (orig s 15A) ins 2004 No. 13s 41 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 53 pres s 19 ins 2022 No. 7s 95 20 Meaning of adverse interstate WWC decision and related terms (1) Each of the following decisions about a person made under a corresponding WWC law is an adverse interstate WWC decision—

(a) a decision to refuse an interstate working with children check application made by the person;

(b) a decision to issue an interstate negative notice to the person;

(d) a decision to impose an interstate interim bar on the person.

(2) An adverse interstate WWC decision is in effect if—

(a) the decision has not been overturned on review or appeal; and

(b) the decision has not otherwise stopped having effect because—

(i) for a decision to refuse an interstate working with children check application made by the person—a later interstate working with children check application made by the person has been decided by the interstate screening unit that refused the application; or

(ii) for a decision to issue an interstate negative notice to a person—the notice has expired or been revoked; or

(iii) for a decision to suspend an interstate working with children authority held by a person—the suspension has ended or the authority has been cancelled; or

(iv) for a decision to impose an interstate interim bar on a person—the interim bar has ended.

(3) Adverse interstate WWC information about a person is—

(a) each adverse interstate WWC decision made about the person; and

(b) each decision to issue a conditional interstate WWC authority to the person; and

(c) information related to a decision mentioned in paragraph (a) or (b) about the person, including the reasons for the decision.

s 20 prev s 20 (orig s 16) amd 2004 No. 13s 42; 2010 No. 5s 56(3)sch 2 amdt 13 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 53 pres s 20 ins 2022 No. 7s 95 Part 3 ch 1 pt 3 hdg (prev pt 1 div 3 hdg) sub 2010 No. 5s 56(3)sch 2 amdt 1 om 2014 No. 28s 52 Part 4 ch 1 pt 4 hdg (prev pt 1 div 4 hdg) ins 2004 No. 13s 37 sub 2010 No. 5s 56(3)sch 2 amdt 1 om 2014 No. 28s 52 Chapter 2 ch 2 hdg (prev pt 2 hdg) sub 2004 No. 13s 38; 2010 No. 5s 56(3)sch 2 amdt 1 om 2014 No. 28s 53 Part 1 ch 2 pt 1 hdg (prev pt 2 div 1 hdg) sub 2010 No. 5s 56(3)sch 2 amdt 1 om 2014 No. 28s 53 Part 2 ch 2 pt 2 hdg (prev pt 2 div 2 hdg) sub 2010 No. 5s 56(3)sch 2 amdt 1 om 2014 No. 28s 53 21 s 21 (prev s 16A) ins 2004 No. 13s 43 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 53 22 s 22 (prev s 17) amd 2010 No. 5s 56(3)sch 2 amdt 14 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 53 23 s 23 (prev s 18) amd 2004 No. 13s 44; 2004 No. 36s 41 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 53 24 s 24 (prev s 19) renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 53 25 s 25 (prev s 20) amd 2001 No. 69s 378sch 1; 2004 No. 13ss 45, 30sch 1 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 53 Part 3 ch 2 pt 3 hdg (prev pt 2 div 3 hdg) sub 2010 No. 5s 56(3)sch 2 amdt 1 om 2014 No. 28s 53 26 s 26 (prev s 21) amd 2009 No. 25s 83sch; 2010 No. 5s 56(3)sch 2 amdt 8 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 53 27 s 27 (prev s 22) amd 2010 No. 5s 56(3)sch 2 amdt 15 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 53 28 s 28 (prev s 23) renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 53 29 s 29 (prev s 24) renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 53 30 s 30 (prev s 25) renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 53 31 s 31 (prev s 26) renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 53 32 s 32 (prev s 27) renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 53 33 s 33 (prev s 28) amd 2010 No. 5s 56(3)sch 2 amdt 16 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 53 Part 4 ch 2 pt 4 hdg (prev pt 2 div 3A hdg) ins 2004 No. 13s 46 sub 2010 No. 5s 56(3)sch 2 amdt 1 om 2014 No. 28s 53 34 s 34 (prev s 28A) ins 2004 No. 13s 46 amd 2010 No. 5s 56(3)sch 2 amdts 17–18 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 53 Part 5 ch 2 pt 5 hdg (prev pt 2 div 4 hdg) sub 2010 No. 5s 56(3)sch 2 amdt 1 om 2014 No. 28s 53 35 s 35 (prev s 29) amd 2009 No. 25s 83sch; 2010 No. 5s 56(3)sch 2 amdt 19 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 53 36 s 36 (prev s 30) sub 2010 No. 5s 57 renum 2010 No. 5s 56(3)sch 2 amdt 68 sub 2010 No. 33s 95 om 2014 No. 28s 53 37 s 37 (prev s 31) renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 53 Chapter 3 ch 3 hdg (prev pt 2A hdg) ins 2004 No. 13s 47 sub 2010 No. 5s 56(3)sch 2 amdt 1 om 2014 No. 28s 53 Part 1 ch 3 pt 1 hdg (prev pt 2A div 1 hdg) ins 2004 No. 13s 47 sub 2010 No. 5s 56(3)sch 2 amdt 1 om 2014 No. 28s 53 38 s 38 (prev s 31A) ins 2004 No. 13s 47 amd 2010 No. 5s 56(3)sch 2 amdt 20 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 53 39 s 39 (prev s 31B) ins 2004 No. 13s 47 amd 2004 No. 36s 42; 2010 No. 5s 56(3)sch 2 amdts 1, 20 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 53 Part 2 ch 3 pt 2 hdg (prev pt 2A div 2 hdg) ins 2004 No. 13s 47 sub 2010 No. 5s 56(3)sch 2 amdt 1 om 2014 No. 28s 53 40 s 40 (prev s 31C) ins 2004 No. 13s 47 amd 2004 No. 36s 43 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 53 41 s 41 (prev s 31D) ins 2004 No. 13s 47 amd 2004 No. 36s 44; 2010 No. 5s 56(2)–(3)sch 1 amdts 2–3, sch 2 amdts 21–22 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 53 42 s 42 orig s 42 om 2004 No. 13s 53(1) prev s 42 (orig s 31DA) ins 2004 No. 36s 45 amd 2010 No. 5s 56(2)–(3)sch 1 amdt 3, sch 2 amdts 21, 23 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 53 43 s 43 (prev s 31DB) ins 2004 No. 36s 45 amd 2010 No. 5s 56(3)sch 2 amdt 21 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 53 44 s 44 (prev s 31E) ins 2004 No. 13s 47 amd 2010 No. 5s 56(3)sch 2 amdts 21–22 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 53 45 s 45 (prev s 31EA) ins 2004 No. 36s 46 amd 2006 No. 39s 512(1)sch 1; 2010 No. 5s 56(2)sch 1 amdt 4 renum 2010 No. 5s 56(3)sch 2 amdt 68 amd 2011 No. 32s 332sch 1pt 2 (amd 2012 No. 9s 47) om 2014 No. 28s 53 46 s 46 (prev s 31EB) ins 2004 No. 36s 46 amd 2010 No. 5s 56(3)sch 2 amdts 1, 24–25 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 53 47 s 47 (prev s 31EC) ins 2004 No. 36s 46 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 53 48 s 48 (prev s 31F) ins 2004 No. 13s 47 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 53 49 s 49 (prev s 31G) ins 2004 No. 13s 47 amd 2004 No. 36s 47; 2010 No. 5s 56(3)sch 2 amdt 22 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 53 50 s 50 (prev s 31H) ins 2004 No. 13s 47 amd 2004 No. 36s 48; 2010 No. 5s 56(3)sch 2 amdt 26 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 53 51 s 51 (prev s 31I) ins 2004 No. 13s 47 amd 2004 No. 36s 49; 2010 No. 5s 56(3)sch 2 amdts 27–29 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 53 52 s 52 (prev s 31J) ins 2004 No. 13s 47 amd 2010 No. 5s 56(3)sch 2 amdt 27 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 53 Chapter 4 ch 4 hdg (prev pt 3 hdg) amd 2004 No. 13s 48 sub 2010 No. 5s 56(3)sch 2 amdt 1 om 2014 No. 28s 53 Part 1 ch 4 pt 1 hdg (prev pt 3 div 1AA hdg) ins 2004 No. 13s 49 sub 2010 No. 5s 56(3)sch 2 amdt 1 om 2014 No. 28s 53 53 s 53 (prev s 31K) ins 2004 No. 13s 49 amd 2010 No. 5s 56(3)sch 2 amdts 1, 20 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 53 Part 2 ch 4 pt 2 hdg (prev pt 3 div 1 hdg) sub 2010 No. 5s 56(3)sch 2 amdt 1 om 2014 No. 28s 53 54 s 54 (prev s 32) amd 2002 No. 39s 143; 1992 No. 44s 341sch 3 (ins 2002 No. 39ss 115, 118); 2004 No. 13s 50; 2009 No. 34s 45(1)schpt 1; 2010 No. 5s 56(3)sch 2 amdt 20 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 53 55 s 55 (prev s 33) renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 53 56 s 56 (prev s 34) renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 53 57 s 57 (prev s 35) renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 53 58 s 58 (prev s 36) renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 53 59 s 59 (prev s 37) amd 2010 No. 5s 56(3)sch 2 amdt 27 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 53 Part 3 ch 4 pt 3 hdg (prev pt 3 div 2 hdg) sub 2010 No. 5s 56(3)sch 2 amdt 1 om 2014 No. 28s 53 60 s 60 (prev s 38) renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 53 61 s 61 (prev s 39) amd 2010 No. 5s 56(3)sch 2 amdts 30–31 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 53 62 s 62 (prev s 40) amd 2009 No. 24s 30; 2010 No. 5s 56(2)sch 1 amdt 5 renum 2010 No. 5s 56(3)sch 2 amdt 68 amd 2010 No. 33s 96 om 2014 No. 28s 53 Part 4 ch 4 pt 4 hdg (prev pt 3 div 3 hdg) sub 2004 No. 13s 51; 2010 No. 5s 56(3)sch 2 amdt 1 om 2014 No. 28s 53 Division 1 ch 4 pt 4 div 1 hdg (prev pt 3 div 3 sdiv 1 hdg) sub 2010 No. 5s 56(3)sch 2 amdt 1 om 2014 No. 28s 53 63 s 63 (prev s 41) amd 2004 No. 13s 52 (2)–(3) (prev s 42(1)–(2)) renum and reloc 2004 No. 13s 53(2) amd 2010 No. 5s 56(3)sch 2 amdt 32 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 53 64 s 64 (prev s 42) ins 2004 No. 13s 54 amd 2010 No. 5s 56(3)sch 2 amdt 20 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 53 Division 2 ch 4 pt 4 div 2 hdg (prev pt 3 div 3 sdiv 2 hdg) sub 2010 No. 5s 56(3)sch 2 amdt 1 om 2014 No. 28s 53 65 s 65 (prev s 43) amd 2004 No. 13s 55; 2010 No. 5s 56(3)sch 2 amdt 33 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 53 66 s 66 (prev s 44) amd 2009 No. 34s 45(1)schpt 1; 2010 No. 5s 56(3)sch 2 amdt 34 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 53 67 s 67 (prev s 45) renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 53 68 s 68 (prev s 46) amd 2004 No. 13s 30sch 1; 2004 No. 36s 50; 2005 No. 48s 492sch 1 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 53 Division 3 ch 4 pt 4 div 3 hdg (prev pt 3 div 3 sdiv 3 hdg) sub 2010 No. 5s 56(3)sch 2 amdt 1 om 2014 No. 28s 53 69 s 69 (prev s 47) amd 2010 No. 5s 56(3)sch 2 amdts 1, 35 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 53 70 s 70 (prev s 48) renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 53 71 s 71 (prev s 49) amd 2001 No. 69s 378sch 1 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 53 72 s 72 (prev s 50) renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 53 73 s 73 (prev s 51) amd 2010 No. 5s 56(3)sch 2 amdts 35–37 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 53 Division 4 ch 4 pt 4 div 4 hdg (prev pt 3 div 3 sdiv 4 hdg) sub 2010 No. 5s 56(3)sch 2 amdt 1 om 2014 No. 28s 53 74 s 74 (prev s 52) renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 53 75 s 75 (prev s 53) renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 53 76 s 76 (prev s 54) renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 53 77 s 77 (prev s 55) renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 53 Division 5 ch 4 pt 4 div 5 hdg (prev pt 3 div 3 sdiv 5 hdg) sub 2010 No. 5s 56(3)sch 2 amdt 1 om 2014 No. 28s 53 78 s 78 (prev s 56) amd 2004 No. 13s 56 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 53 79 s 79 (prev s 57) amd 2004 No. 13s 57; 2010 No. 5s 56(3)sch 2 amdt 38 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 53 80 s 80 (prev s 58) amd 2004 No. 13s 58; 2010 No. 5s 56(3)sch 2 amdt 38 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 53 81 s 81 (prev s 59) renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 53 Division 6 ch 4 pt 4 div 6 hdg (prev pt 3 div 3 sdiv 6 hdg) sub 2010 No. 5s 56(3)sch 2 amdt 1 om 2014 No. 28s 53 82 s 82 (prev s 60) amd 2010 No. 5s 56(3)sch 2 amdts 1, 35 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 53 83 s 83 (prev s 61) renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 53 84 s 84 (prev s 62) amd 2010 No. 5s 56(3)sch 2 amdt 39 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 53 85 s 85 (prev s 63) amd 2010 No. 5s 56(3)sch 2 amdt 40 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 53 Chapter 5 ch 5 hdg (prev pt 4 hdg) sub 2010 No. 5s 56(3)sch 2 amdt 1 om 2014 No. 26s 208 Part 1 ch 5 pt 1 hdg (prev pt 4 div 1 hdg) sub 2010 No. 5s 56(3)sch 2 amdt 1 om 2014 No. 26s 208 86 s 86 (prev s 64) sub 2004 No. 13s 59 amd 2005 No. 40s 69sch; 2010 No. 5s 56(3)sch 2 amdts 1, 20 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 26s 208 87 s 87 (prev s 64A) ins 2004 No. 13s 59 amd 2010 No. 5s 56(3)sch 2 amdt 41 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 26s 208 88 s 88 (prev s 64B) ins 2004 No. 13s 59 amd 2010 No. 5s 56(3)sch 2 amdt 42 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 26s 208 Part 2 ch 5 pt 2 hdg (prev pt 4 div 2 hdg) amd 2004 No. 13s 60 sub 2010 No. 5s 56(3)sch 2 amdt 1 om 2014 No. 26s 208 89 s 89 orig s 89 om 2004 No. 13s 79 prev s 89 (prev s 65) amd 2004 No. 13s 61 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 26s 208 90 s 90 (prev s 66) amd 2004 No. 13s 62 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 26s 208 91 s 91 (prev s 66A) ins 2004 No. 13s 63 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 26s 208 92 s 92 (prev s 67) amd 2004 No. 13s 64 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 26s 208 Part 3 ch 5 pt 3 hdg (prev pt 4 div 3 hdg) sub 2010 No. 5s 56(3)sch 2 amdt 1 om 2014 No. 26s 208 Division 1 ch 5 pt 3 div 1 hdg (prev pt 4 div 3 sdiv 1 hdg) sub 2010 No. 5s 56(3)sch 2 amdt 1 om 2014 No. 26s 208 93 s 93 (prev s 68) amd 2004 No. 13s 65 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 26s 208 Division 2 ch 5 pt 3 div 2 hdg (prev pt 4 div 3 sdiv 2 hdg) amd 2004 No. 13s 66 sub 2010 No. 5s 56(3)sch 2 amdt 1 om 2014 No. 26s 208 94 s 94 (prev s 69) amd 2004 No. 13s 67 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 26s 208 95 s 95 orig s 95 sub 2004 No. 49s 6 om 2010 No. 5s 58 prev s 95 (orig s 70) amd 2004 No. 13s 68; 2010 No. 5s 56(3)sch 2 amdts 27, 43 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 26s 208 96 s 96 orig s 96 om 2010 No. 5s 58 prev s 96 (orig s 71) amd 2004 No. 13s 69 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 26s 208 97 s 97 orig s 97 amd 2004 No. 49s 7; 2007 No. 40s 3 om 2010 No. 5s 58 prev s 97 (orig s 72) amd 2004 No. 13s 70; 2010 No. 5s 56(3)sch 2 amdt 27 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 26s 208 98 s 98 (prev s 73) sub 2004 No. 13s 71 amd 2010 No. 5s 56(3)sch 2 amdt 35 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 26s 208 98A s 98A prev s 98A ins 2004 No. 49s 8 om 2010 No. 5s 58 98B s 98B prev s 98B ins 2004 No. 49s 8 om 2010 No. 5s 58 Division 3 ch 5 pt 3 div 3 hdg (prev pt 4 div 3 sdiv 3 hdg) sub 2010 No. 5s 56(3)sch 2 amdt 1 om 2014 No. 26s 208 99 s 99 orig s 99 amd 2004 No. 49s 9 om 2010 No. 5s 58 prev s 99 (orig s 74) amd 2004 No. 13s 72 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 26s 208 99A s 99A prev s 99A ins 2004 No. 49s 10 om 2010 No. 5s 58 99B s 99B prev s 99B ins 2004 No. 49s 10 om 2010 No. 5s 58 99BA s 99BA prev s 99BA ins 2006 No. 17s 30 om 2010 No. 5s 58 99C s 99C prev s 99C ins 2004 No. 49s 10 amd 2008 No. 18s 4 om 2010 No. 5s 58 99D s 99D prev s 99D ins 2004 No. 49s 10 om 2008 No. 18s 5 99E s 99E prev s 99E ins 2004 No. 49s 10 amd 2005 No. 9s 11 om 2008 No. 18s 5 99F s 99F prev s 99F ins 2004 No. 49s 10 amd 2006 No. 17s 31 om 2010 No. 5s 58 99G s 99G prev s 99G ins 2004 No.49 s 11 om 2010 No. 5s 58 100 s 100 orig s 100 amd 2004 No. 49s 13; 2006 No. 17s 32; 2008 No. 18s 6 om 2010 No. 5s 58 prev s 100 (orig s 75) amd 2004 No. 13s 73; 2010 No. 5s 56(3)sch 2 amdt 44 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 26s 208 101 s 101 orig s 101 amd 2004 No. 49s 14; 2006 No. 17s 33; 2008 No. 18s 7 om 2010 No. 5s 58 prev s 101 (orig s 76) amd 2004 No. 13s 74 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 26s 208 101A s 101A prev s 101A ins 2004 No. 49s 15 amd 2007 No. 36s 2sch om 2010 No. 5s 58 102 s 102 orig s 102 amd 2003 No. 88s 4 sub 2004 No. 49s 15 amd 2008 No. 18s 8 om 2010 No. 5s 58 prev s 102 (orig s 76A) ins 2004 No. 13s 75 amd 2010 No. 5s 56(3)sch 2 amdt 45 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 26s 208 102A s 102A prev s 102A ins 2004 No. 49s 15 amd 2008 No. 18s 9 om 2010 No. 5s 58 102B s 102B prev s 102B ins 2004 No. 49s 15 amd 2006 No. 17s 34; 2007 No. 36s 2sch; 2008 No. 18s 10; 2009 No. 24s 32 om 2010 No. 5s 58 Division 4 ch 5 pt 3 div 4 hdg (prev pt 4 div 3 sdiv 4 hdg) sub 2010 No. 5s 56(3)sch 2 amdt 1 om 2014 No. 26s 208 103 s 103 orig s 103 amd 2003 No. 88s 5; 2004 No. 49s 16 om 2010 No. 5s 58 prev s 103 (orig s 77) amd 2004 No. 13s 76; 2010 No. 5s 56(3)sch 2 amdt 46 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 26s 208 104 s 104 orig s 104 amd 2004 No. 49s 17; 2008 No. 18s 11 om 2010 No. 5s 58 prev s 104 (orig s 78) amd 2004 No. 13s 77 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 26s 208 104A s 104A prev s 104A ins 2004 No. 49s 18 amd 2007 No. 36s 2sch om 2010 No. 5s 58 104B s 104B prev s 104B ins 2004 No. 49s 18 sub 2006 No. 17s 35 om 2010 No. 5s 58 104BA s 104BA prev s 104BA ins 2006 No. 17s 35 om 2010 No. 5s 58 104C s 104C prev s 104C ins 2004 No. 49s 18 amd 2007 No. 36s 2sch om 2010 No. 5s 58 105 s 105 orig s 105 amd 2004 No. 49s 19 om 2010 No. 5s 58 prev s 105 (orig s 79) renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 26s 208 106 s 106 orig s 106 amd 2004 No. 49s 20 om 2010 No. 5s 58 prev s 106 (orig s 80) amd 2009 No. 34s 45(1)schpt 1 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 26s 208 106A s 106A prev s 106A ins 2004 No. 49s 21 om 2010 No. 5s 58 Part 4 ch 5 pt 4 hdg (prev pt 4 div 4 hdg) sub 2010 No. 5s 56(3)sch 2 amdt 1 om 2014 No. 26s 208 107 s 107 orig s 107 amd 2004 No. 49s 22; 2008 No. 18s 12 om 2010 No. 5s 58 prev s 107 (orig s 81) amd 2004 No. 13s 30sch 1, s 78; 2005 No. 40s 69sch; 2006 No. 29s 518sch 3; 2009 No. 25s 83sch; 2010 No. 5s 56(3)sch 2 amdt 8 renum 2010 No. 5s 56(3)sch 2 amdt 68 amd 2010 No. 33s 97 om 2014 No. 26s 208 108 s 108 orig s 108 sub 2004 No. 49s 23 amd 2006 No. 17s 36; 2008 No. 18s 13 om 2010 No. 5s 58 prev s 108 (orig s 82) amd 2010 No. 5s 56(3)sch 2 amdt 47 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 26s 208 109 s 109 orig s 109 amd 2004 No. 49s 24 om 2010 No. 5s 58 prev s 109 (orig s 83) renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 26s 208 109A s 109A prev s 109A ins 2006 No. 17s 37 om 2010 No. 5s 58 Part 5 ch 5 pt 5 hdg (prev pt 4 div 5 hdg) sub 2010 No. 5s 56(3)sch 2 amdt 1 om 2014 No. 26s 208 110 s 110 orig s 110 sub 2008 No. 18s 15 om 2010 No. 5s 58 prev s 110 (orig s 84) renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 26s 208 111 s 111 orig s 111 amd 2004 No. 49s 25; 2008 No. 18s 16 om 2010 No. 5s 58 prev s 111 (orig s 85) renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 26s 208 112 s 112 orig s 112 amd 2004 No. 49s 26 sub 2008 No. 18s 17 om 2010 No. 5s 58 prev s 112 (orig s 86) renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 26s 208 Part 6 ch 5 pt 6 hdg (prev pt 4 div 6 hdg) sub 2010 No. 5s 56(3)sch 2 amdt 1 om 2014 No. 26s 208 113 s 113 orig s 113 amd 2004 No. 49s 27 sub 2008 No. 18s 18 om 2010 No. 5s 58 prev s 113 (orig s 87) renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 26s 208 114 s 114 orig s 114 amd 2004 No. 49s 28; 2008 No. 18s 19 om 2010 No. 5s 58 prev s 114 (orig s 88) renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 26s 208 Chapter 6 ch 6 hdg (prev pt 4A hdg) ins 2004 No. 13s 80 sub 2010 No. 5s 56(3)sch 2 amdt 1 om 2014 No. 28s 54 Part 1 ch 6 pt 1 hdg (prev pt 4A div 1 hdg) ins 2004 No. 13s 80 sub 2010 No. 5s 56(3)sch 2 amdt 1 om 2014 No. 28s 54 Division 1 ch 6 pt 1 div 1 hdg (prev pt 4A div 1 sdiv 1 hdg) ins 2004 No. 13s 80 sub 2010 No. 5s 56(3)sch 2 amdt 1 om 2014 No. 28s 54 115 s 115 orig s 115 om 2010 No. 5s 58 prev s 115 (prev s 89A) ins 2004 No. 13s 80 amd 2010 No. 5s 56(3)sch 2 amdts 1, 27 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 54 Division 2 ch 6 pt 1 div 2 hdg (prev pt 4A div 1 sdiv 2 hdg) ins 2004 No. 13s 80 sub 2010 No. 5s 56(3)sch 2 amdt 1 om 2014 No. 28s 54 116 s 116 orig s 116 om 2010 No. 5s 58 prev s 116 (orig s 89B) ins 2004 No. 13s 80 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 54 117 s 117 orig s 117 amd 2004 No. 49s 29; 2008 No. 18s 20 om 2010 No. 5s 58 prev s 117 (orig s 89C) ins 2004 No. 13s 80 amd 2010 No. 5s 56(3)sch 2 amdt 20 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 54 118 s 118 orig s 118 amd 2004 No. 49s 31; 2008 No. 18s 21 om 2010 No. 5s 58 prev s 118 (orig s 89D) ins 2004 No. 13s 80 amd 2010 No. 5s 56(3)sch 2 amdt 20 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 54 119 s 119 orig s 119 amd 2003 No. 88s 6 sub 2004 No. 49s 32 amd 2008 No. 18s 22 om 2010 No. 5s 58 prev s 119 (orig s 89E) ins 2004 No. 13s 80 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 54 119A s 119A prev s 119A ins 2004 No. 49s 32 amd 2006 No. 17s 38; 2008 No. 18s 23 om 2010 No. 5s 58 119B s 119B prev s 119B ins 2004 No. 49s 32 om 2008 No. 18s 24 119C s 119C prev s 119C ins 2004 No. 49s 32 amd 2006 No. 17s 39; 2008 No. 18s 25 om 2010 No. 5s 58 119D s 119D prev s 119D ins 2004 No. 49s 32 amd 2008 No. 18s 26 om 2010 No. 5s 58 119E s 119E prev s 119E ins 2008 No. 18s 27 om 2010 No. 5s 58 Division 3 ch 6 pt 1 div 3 hdg (prev pt 4A div 1 sdiv 3 hdg) ins 2004 No. 13s 80 sub 2010 No. 5s 56(3)sch 2 amdt 1 om 2014 No. 28s 54 120 s 120 orig s 120 sub 2004 No. 49s 32 om 2010 No. 5s 58 prev s 120 (orig s 89F) ins 2004 No. 13s 80 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 54 120A s 120A prev s 120A ins 2004 No. 49s 32 amd 2008 No. 18s 28 om 2010 No. 5s 58 120B s 120B prev s 120B ins 2008 No. 18s 29 amd 2008 No. 38s 252sch 3 om 2010 No. 5s 58 120C s 120C prev s 120C ins 2008 No. 18s 29 om 2010 No. 5s 58 120D s 120D prev s 120D ins 2008 No. 18s 29 om 2010 No. 5s 58 120E s 120E prev s 120E ins 2008 No. 18s 29 om 2010 No. 5s 58 120F s 120F prev s 120F ins 2008 No. 18s 29 om 2010 No. 5s 58 120G s 120G prev s 120G ins 2008 No. 18s 29 om 2010 No. 5s 58 120H s 120H prev s 120H ins 2008 No. 18s 29 om 2010 No. 5s 58 120I s 120I prev s 120I ins 2008 No. 18s 29 om 2010 No. 5s 58 120J s 120J prev s 120J ins 2008 No. 18s 29 om 2010 No. 5s 58 120K s 120K prev s 120K ins 2008 No. 18s 29 om 2010 No. 5s 58 120L s 120L prev s 120L ins 2008 No. 18s 29 om 2010 No. 5s 58 121 s 121 orig s 121 amd 2004 No. 49s 33; 2006 No. 17s 40 (retro); 2008 No. 18s 30; 2009 No. 24s 33 om 2010 No. 5s 58 prev s 121 (orig s 89G) ins 2004 No. 13s 80 amd 2010 No. 5s 56(3)sch 2 amdts 52–53 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 54 121AA s 121AA prev s 121AA ins 2008 No. 18s 31 amd 2009 No. 24s 34 om 2010 No. 5s 58 121A s 121A prev s 121A ins 2004 No. 49s 34 amd 2008 No. 18s 32 om 2010 No. 5s 58 121B s 121B prev s 121B ins 2004 No. 49s 34 amd 2008 No. 18s 33 om 2010 No. 5s 58 121C s 121C prev s 121C ins 2004 No. 49s 34 amd 2009 No. 24s 35 om 2010 No. 5s 58 121D s 121D prev s 121D ins 2004 No. 49s 34 om 2010 No. 5s 58 121E s 121E prev s 121E ins 2004 No. 49s 34 amd 2009 No. 24s 36 om 2010 No. 5s 58 122 s 122 orig s 122 amd 2004 No. 49s 35; 2006 No. 17s 41; 2008 No. 18s 34 om 2010 No. 5s 58 prev s 122 (orig s 89H) ins 2004 No. 13s 80 amd 2010 No. 5s 56(3)sch 2 amdt 54 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 54 122A s 122A prev s 122A ins 2003 No. 55s 8 amd 2004 No. 49s 36; 2006 No. 17s 42 (retro); 2008 No. 18s 35 om 2010 No. 5s 58 122B s 122B prev s 122B ins 2004 No. 49s 37 amd 2007 No. 36s 2sch sub 2008 No. 18s 36 om 2010 No. 5s 58 123 s 123 orig s 123 amd 2004 No. 49s 38; 2006 No. 17s 43; 2008 No. 18s 37 om 2010 No. 5s 58 prev s 123 (orig s 89I) ins 2004 No. 13s 80 amd 2010 No. 5s 56(3)sch 2 amdt 55 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 54 123A s 123A prev s 123A ins 2006 No. 17s 44 amd 2008 No. 18s 38 om 2010 No. 5s 58 124 s 124 orig s 124 amd 2004 No. 49s 39; 2008 No. 18s 39 om 2010 No. 5s 58 prev s 124 (orig s 89J) ins 2004 No. 13s 80 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 54 125 s 125 orig s 125 om 2010 No. 5s 58 prev s 125 (orig s 89K) ins 2004 No. 13s 80 amd 2010 No. 5s 56(3)sch 2 amdt 56 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 54 126 s 126 orig s 126 amd 2004 No. 49s 40; 2006 No. 17s 45 om 2010 No. 5s 58 prev s 126 (orig s 89L) ins 2004 No. 13s 80 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 54 126A s 126A prev s 126A ins 2002 No. 55s 196sch 1 sub 2004 No. 49s 41 amd 2008 No. 18s 40 om 2010 No. 5s 58 126AA s 126AA prev s 126AA ins 2008 No. 18s 41 om 2010 No. 5s 58 126B s 126B prev s 126B ins 2004 No. 49s 41 amd 2006 No. 17s 46; 2008 No. 18s 42 om 2010 No. 5s 58 126C s 126C prev s 126C ins 2004 No. 49s 41 sub 2008 No. 18s 43 om 2010 No. 5s 58 126D s 126D prev s 126D ins 2006 No. 17s 47 om 2008 No. 18s 43 Division 4 ch 6 pt 1 div 4 hdg (prev pt 4A div 1 sdiv 4 hdg) ins 2004 No. 13s 80 sub 2010 No. 5s 56(3)sch 2 amdt 1 om 2014 No. 28s 54 127 s 127 orig s 127 amd 2004 No. 49s 42; 2007 No. 36s 2sch om 2010 No. 5s 58 prev s 127 (orig s 89M) ins 2004 No. 13s 80 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 54 Division 5 ch 6 pt 1 div 5 hdg (prev pt 4A div 1 sdiv 5 hdg) ins 2004 No. 13s 80 sub 2010 No. 5s 56(3)sch 2 amdt 1 om 2014 No. 28s 54 128 s 128 orig s 128 amd 2004 No. 49s 43 om 2010 No. 5s 58 prev s 128 (orig s 89N) ins 2004 No. 13s 80 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 54 129 s 129 orig s 129 om 2010 No. 5s 59 prev s 129 (orig s 89O) ins 2004 No. 13s 80 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 54 130 s 130 orig s 130 om 2010 No. 5s 59 prev s 130 (orig s 89P) ins 2004 No. 13s 80 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 54 131 s 131 orig s 131 om 2010 No. 5s 59 prev s 131 (orig s 89Q) ins 2004 No. 13s 80 amd 2010 No. 5s 56(3)sch 2 amdts 57–58 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 54 132 s 132 orig s 132 om 2010 No. 5s 59 prev s 132 (orig s 89R) ins 2004 No. 13s 80 amd 2010 No. 5s 56(3)sch 2 amdt 27 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 54 Division 6 ch 6 pt 1 div 6 hdg (prev pt 4A div 1 sdiv 6 hdg) ins 2004 No. 13s 80 sub 2010 No. 5s 56(3)sch 2 amdt 1 om 2014 No. 28s 54 133 s 133 orig s 133 om 2010 No. 5s 59 prev s 133 (orig s 89S) ins 2004 No. 13s 80 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 54 134 s 134 orig s 134 om 2010 No. 5s 59 prev s 134 (orig s 89T) ins 2004 No. 13s 80 amd 2010 No. 5s 56(2)–(3)sch 1 amdt 6, sch 2 amdt 59 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 54 135 s 135 orig s 135 om 2010 No. 5s 59 prev s 135 (orig s 89U) ins 2004 No. 13s 80 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 54 Division 7 ch 6 pt 1 div 7 hdg (prev pt 4A div 1 sdiv 7 hdg) ins 2004 No. 13s 80 sub 2010 No. 5s 56(3)sch 2 amdt 1 om 2014 No. 28s 54 136 s 136 orig s 136 om 2010 No. 5s 59 prev s 136 (orig s 89V) ins 2004 No. 13s 80 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 54 137 s 137 orig s 137 om 2010 No. 5s 59 prev s 137 (orig s 89W) ins 2004 No. 13s 80 amd 2010 No. 5s 56(3)sch 2 amdt 60 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 54 Division 8 ch 6 pt 1 div 8 hdg (prev pt 4A div 1 sdiv 8 hdg) ins 2004 No. 13s 80 sub 2010 No. 5s 56(3)sch 2 amdt 1 om 2014 No. 28s 54 138 s 138 orig s 138 om 2010 No. 5s 59 prev s 138 (orig s 89X) ins 2004 No. 13s 80 amd 2010 No. 5s 56(3)sch 2 amdts 61–63 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 54 139 s 139 orig s 139 om 2010 No. 5s 59 prev s 139 (orig s 89Y) ins 2004 No. 13s 80 amd 2010 No. 5s 56(3)sch 2 amdt 20 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 54 140 s 140 orig s 140 om 2010 No. 5s 59 prev s 140 (orig s 89Z) ins 2004 No. 13s 80 amd 2010 No. 5s 56(3)sch 2 amdts 64–65 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 54 141 s 141 (prev s 89ZA) ins 2004 No. 13s 80 amd 2004 No. 36s 51; 2010 No. 5s 56(3)sch 2 amdt 66 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 54 142 s 142 (prev s 89ZB) ins 2004 No. 13s 80 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 54 Part 2 ch 6 pt 2 hdg (prev pt 4A div 2 hdg) ins 2004 No. 13s 80 sub 2010 No. 5s 56(3)sch 2 amdt 1 om 2014 No. 28s 54 143 s 143 (prev s 89ZC) ins 2004 No. 13s 80 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 54 144 s 144 (prev s 89ZD) ins 2004 No. 13s 80 amd 2005 No. 48s 492sch 1 renum 2010 No. 5s 56(3)sch 2 amdt 68 amd 2011 No. 32s 332sch 1pt 2 (amd 2012 No. 9s 47) om 2014 No. 28s 54 145 s 145 (prev s 89ZE) ins 2004 No. 13s 80 amd 2010 No. 5s 56(3)sch 2 amdt 27 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 54 146 s 146 (prev s 89ZF) ins 2004 No. 13s 80 amd 2010 No. 5s 56(3)sch 2 amdt 67 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 54 147 s 147 (prev s 89ZG) ins 2004 No. 13s 80 amd 2009 No. 24s 31; 2010 No. 5s 56(2)–(3)sch 1 amdt 7, sch 2 amdt 27 renum 2010 No. 5s 56(3)sch 2 amdt 68 amd 2011 No. 32s 332sch 1pt 2 (amd 2012 No. 9s 47) om 2014 No. 28s 54 148 s 148 (prev s 89ZH) ins 2004 No. 13s 80 amd 2010 No. 5s 56(3)sch 2 amdt 27 renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 54 Chapter 7 Regulated employment and regulated businesses ch 7 hdg prev ch 7 hdg (prev pt 5 hdg) sub 2010 No. 5s 56(3)sch 2 amdt 1 om 2014 No. 28s 54 pres ch 7 hdg (prev ch 8 hdg) (orig pt 6 hdg) sub 2004 No. 49s 5l; 2010 No. 5s 58 amd 2019 No. 18s 9(1) renum 2019 No. 18s 9(2) Part 1 Preliminary ch 7 pt 1 hdg ins 2010 No. 5s 58 149 s 149 (prev s 90) renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 54 150 s 150 (prev s 91) renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 54 151 s 151 (prev s 92) renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 54 152 s 152 (prev s 93) renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 54 153 s 153 (prev s 94) renum 2010 No. 5s 56(3)sch 2 amdt 68 om 2014 No. 28s 54 154 s 154 ins 2010 No. 5s 58 om 2014 No. 28s 57 155 s 155 ins 2010 No. 5s 58 om 2014 No. 28s 57 156 Regulated employment (1) Employment is regulated employment if it is employment of a type that is stated to be regulated employment in schedule 1, part 1. (2) However, employment is not regulated employment if—

(a) it is of a type of employment that schedule 1, part 1 states is not regulated employment; or

(b) schedule 1, part 3 states that this chapter does not apply to the employment.

(3) Also, the unpaid employment of a child is not regulated employment unless the child is a trainee student of an education provider and the employment is part of the course undertaken by the trainee student with the education provider. (4) Further, subject to subsections (5) and (6), the employment of a person is not regulated employment if—

(a) the person is employed to work, and works, in the employment for not more than 7 days in a calendar year; or

(b) the person is a parent providing a service or activity on a voluntary basis to children and the children to whom the service or activity is provided include the person’s own child.

(5) Despite subsection (4), a person is employed in regulated employment if the employment or the service or activity includes, or is likely to include, an overnight camp or excursion for children under schedule 1, section 9. (6) Also, despite subsection (4)(b), a person is employed in regulated employment if the person is a parent providing a service or activity to a child that includes, or may include, close personal contact with a child other than the person’s own child. Examples of close personal contact with a child— assisting a child with toileting, bathing or dressing s 156 ins 2010 No. 5s 58 amd 2010 No. 33s 98 sub 2019 No. 18s 10 amd 2024 No. 50s 38 157 Regulated businesses (1) A business is a regulated business if it is a type of business that is stated to be a regulated business in schedule 1, part 2. (2) However, a business is not a regulated business if schedule 1, part 3 states that this chapter does not apply to the carrying on of the business. s 157 ins 2010 No. 5s 58 sub 2019 No. 18s 10 158 Special exemptions for emergency services workers from interstate or overseas (1) Subsection (2) applies if an emergency services worker is deployed from an interstate or overseas location in the following circumstances—

(a) to assist the response to a disaster situation;

(b) to respond to a significant fire event.

(2) The emergency services worker is exempt from the requirement to hold a working with children authority under this Act. (3) The exemption applies—

(a) for a disaster situation declared under the Disaster Management Act 2003, section 64(1)—for the duration of the disaster situation under section 66 of that Act; or

(b) for a disaster situation declared under the Disaster Management Act 2003, section 69—for the duration of the disaster situation under section 71 of that Act; or

(c) for a significant fire event—for the period of the state of fire emergency under the Fire Services Act 1990, section 145V.

(4) This section does not limit section 156(4)(a). (5) In this section— disaster situation see the Disaster Management Act 2003, schedule. emergency service means an interstate or overseas entity that performs emergency services equivalent to—

(a) Marine Rescue Queensland, established under the Marine Rescue Queensland Act 2024, section 6; or

(b) Queensland Fire and Rescue, established under the Fire Services Act 1990, section 8(1); or

(d) the State Emergency Service, established under the State Emergency Service Act 2024, section 6.

emergency services worker means a person employed or engaged as an officer, employee or volunteer of an emergency service. significant fire event means an event the subject of a state of fire emergency declaration under the Fire Services Act 1990, section 145T. s 158 ins 2010 No. 5s 58 amd 2019 No. 18s 86(1)sch 1 sub 2024 No. 50s 39 159 s 159 ins 2010 No. 5s 58 om 2024 No. 50s 39 160 s 160 ins 2010 No. 5s 58 om 2019 No. 18s 11 Part 2 ch 7 pt 2 hdg ins 2010 No. 5s 58 om 2019 No. 18s 16 163 s 163 ins 2010 No. 5s 58 om 2013 No. 44s 262 Part 3 Risk management strategies ch 7 pt 3 hdg ins 2010 No. 5s 58 om 2024 No. 49s 127 (uncommenced amendment) 171 Risk management strategies about persons employed in regulated employment (1) A person who employs someone else in employment that is regulated employment must, for each year, develop and implement a written strategy about the person’s employees in regulated employment that—

(a) implements employment practices and procedures to promote the wellbeing of a child affected by the regulated employment and to protect the child from harm; and

(b) includes the matters prescribed under a regulation.

Maximum penalty—20 penalty units. (2) In this section— employees in regulated employment, for a person, includes each of the following whom the person employs in regulated employment—

(a) persons who made a working with children check (exemption) application;

(b) persons who hold a working with children authority;

(d) persons about whom the person is notified under section 344AA.

s 171 ins 2010 No. 5s 58 amd 2019 No. 18s 86(1)sch 1; 2022 No. 7s 132sch 1 om 2024 No. 49s 127 (uncommenced amendment) 172 Risk management strategies about regulated businesses A person who carries on a regulated business must, for each year, develop and implement a written strategy about the regulated business that—

(a) implements employment practices and procedures to promote the wellbeing of a child affected by the regulated business and to protect the child from harm; and

(b) includes the matters prescribed under a regulation.

Maximum penalty—20 penalty units. s 172 ins 2010 No. 5s 58 om 2024 No. 49s 127 (uncommenced amendment) Part 4 Screening requirements ch 7 pt 4 hdg ins 2010 No. 5s 58 sub 2019 No. 18s 17 Division 1 Preliminary ch 7 pt 4 div 1 hdg ins 2010 No. 5s 58 sub 2019 No. 18s 17 173 Requirements for employer giving notice about employing person (1) Before giving a notice mentioned in section 175(1)(b) or 176C(1)(b) about the employment or proposed employment of a person, an employer must take reasonable steps to verify the person’s identity. Examples of reasonable steps—

• the employer views the person’s working with children card that includes the person’s photograph

• the employer views the person’s driver licence that includes the person’s photograph

(2) The employer must give the notice in the approved form and in an approved way. s 173 ins 2010 No. 5s 58 sub 2019 No. 18s 17 Division 2 Requirement for working with children clearance ch 7 pt 4 div 2 hdg ins 2019 No. 18s 17 174 Application of division This division does not apply in relation to the employment of a person, or the carrying on of a business by a person, who is a police officer or registered teacher. s 174 ins 2010 No. 5s 58 sub 2019 No. 18s 17 175 Clearance required to employ person in regulated employment (1) A person (the employer) must not employ, or continue to employ, another person (the employee) in regulated employment unless—

(a) the employee holds a working with children clearance; and

(b) the employer has given the chief executive a notice, under section 173, about employing the employee in regulated employment.

Maximum penalty—

(a) if an aggravating circumstance applies to the offence—200 penalty units or 2 years imprisonment; or

(b) otherwise—100 penalty units.

(2) It is an aggravating circumstance for an offence against subsection (1) if—

(a) the employee holds a negative notice and the employer knows, or ought reasonably to know, the employee holds the negative notice; or

(b) the chief executive has given the employer a notice under chapter 8, part 5A that states the employee’s working with children authority has been cancelled; or

(c) the chief executive has given the employer a withdrawal notice for a working with children check application made by the employee because section 199 applies; or

(d) the employee holds a disability exclusion or interstate NDIS exclusion and the employer knows, or ought reasonably to know, the employee holds the disability exclusion or interstate NDIS exclusion; or

(e) an adverse interstate WWC decision made about the employee is in effect and the employer knows, or ought reasonably to know, the decision is in effect.

s 175 ins 2010 No. 5s 58 amd 2014 No. 28s 55 sub 2019 No. 18s 17 amd 2020 No. 39s 31; 2022 No. 7s 96 176 Employing person with suspended clearance prohibited A person (the employer) must not employ another person (the employee) to start in regulated employment if—

(a) the employee holds a working with children clearance that is suspended; and

(b) the employer knows, or ought reasonably to know, the employee’s clearance is suspended.

Maximum penalty—200 penalty units or 2 years imprisonment. s 176 ins 2010 No. 5s 58 amd 2010 No. 33s 99; 2014 No. 28s 55 sub 2019 No. 18s 17 176A Person prohibited from regulated employment without clearance (1) A person must not start or continue in regulated employment unless the person holds a working with children clearance. Maximum penalty—

(a) if an aggravating circumstance applies to the offence—500 penalty units or 5 years imprisonment; or

(b) otherwise—100 penalty units.

(2) It is an aggravating circumstance for an offence against subsection (1) if the person—

(a) holds a negative notice; or

(b) is a disqualified person; or

(c) held a working with children authority that was cancelled on the person’s request under chapter 8, part 5A, division 4; or

(d) made a working with children check application and the application was withdrawn because section 199 applies; or

(e) holds a disability exclusion or interstate NDIS exclusion; or

(f) is the subject of an adverse interstate WWC decision that is in effect.

(3) However, if the person’s working with children clearance was cancelled under chapter 8, part 5A, a court may not find the person contravened subsection (1) unless the court is satisfied the person was given written notice about the cancellation. (4) Also, if the person was issued a disability exclusion or interstate NDIS exclusion because a disability clearance or interstate NDIS clearance issued to the person was cancelled, a court may not find that the aggravating circumstance mentioned in subsection (2)(e) applies to the person unless the court is satisfied the person was given written notice about—

(a) the issue of the disability exclusion or interstate NDIS exclusion; or

(b) the cancellation of the disability clearance or interstate NDIS clearance.

s 176A ins 2019 No. 18s 17 amd 2020 No. 39s 32; 2022 No. 7s 97 176B Clearance required to carry on regulated business A person must not carry on a regulated business unless the person holds a working with children clearance. Maximum penalty—500 penalty units or 5 years imprisonment. Note— Under section 14, particular executive officers of a corporation that carries on a regulated business are taken to carry on the regulated business. s 176B ins 2019 No. 18s 17 Division 3 Requirement for working with children exemption for police officers and registered teachers ch 7 pt 4 div 3 hdg ins 2019 No. 18s 17 176C Exemption required to employ police officer or registered teacher in regulated employment (1) A person (the employer) must not employ, or continue to employ, a police officer or registered teacher (the employee) in regulated employment unless—

(a) either—

(i) the employee holds a working with children authority; or

(ii) the employee has made a working with children check (exemption) application and the application has not been decided or withdrawn; and

(b) the employer has given the chief executive a notice, under section 173, about employing the employee in regulated employment.

Maximum penalty—

(a) if an aggravating circumstance applies to the offence—200 penalty units or 2 years imprisonment; or

(b) otherwise—100 penalty units.

(2) It is an aggravating circumstance for an offence against subsection (1) if—

(a) the employee holds a negative notice and the employer knows, or ought reasonably to know, the employee holds the negative notice; or

(b) the chief executive has given the employer a notice under chapter 8, part 5A that states the employee’s working with children authority has been cancelled; or

(c) the chief executive has given the employer a withdrawal notice for a working with children check application made by the person because section 199 applies; or

(e) an adverse interstate WWC decision made about the employee is in effect and the employer knows, or ought reasonably to know, the decision is in effect.

s 176C ins 2019 No. 18s 17 amd 2020 No. 39s 33; 2022 No. 7s 98 176D Employing police officer or registered teacher with suspended authority prohibited A person (the employer) must not employ a police officer or registered teacher (the employee) to start in regulated employment if—

(a) the employee holds a working with children authority that is suspended; and

(b) the employer knows, or ought reasonably to know, the employee’s authority is suspended.

Maximum penalty—200 penalty units or 2 years imprisonment. s 176D ins 2019 No. 18s 17 176E Police officer or registered teacher prohibited from regulated employment without exemption (1) A person who is a police officer or registered teacher must not start or continue in regulated employment unless—

(a) the person holds a working with children authority; or

(b) the person has made a working with children check (exemption) application and the application has not been decided or withdrawn.

Maximum penalty—

(a) if an aggravating circumstance applies to the offence—500 penalty units or 5 years imprisonment; or

(b) otherwise—100 penalty units.

(2) It is an aggravating circumstance for an offence against subsection (1) if the person—

(a) holds a negative notice; or

(b) for a person mentioned in subsection (1)(b)—is a disqualified person; or

(c) held a working with children authority that was cancelled on the person’s request under chapter 8, part 5A, division 4; or

(d) made a working with children check application that was withdrawn because section 199 applies; or

(e) holds a disability exclusion or interstate NDIS exclusion; or

(f) is the subject of an adverse interstate WWC decision that is in effect.

(3) However, if the person’s working with children authority was cancelled under chapter 8, part 5A, a court may not find the person contravened subsection (1) unless the court is satisfied the person was given written notice about the cancellation. (4) Also, if the person was issued a disability exclusion or interstate NDIS exclusion because a disability clearance or interstate NDIS clearance issued to the person was cancelled, a court may not find that the aggravating circumstance mentioned in subsection (2)(e) applies to the person unless the court is satisfied the person was given written notice about—

(a) the issue of the disability exclusion or interstate NDIS exclusion; or

(b) the cancellation of the disability clearance or interstate NDIS clearance.

s 176E ins 2019 No. 18s 17 amd 2020 No. 39s 34; 2022 No. 7s 99 176F Exemption required for regulated employment if previous application withdrawn (1) This section applies if a person who is a police officer or registered teacher makes a working with children check (exemption) application that is withdrawn because section 196 or 199 applies. (2) The person must not start or continue in regulated employment unless the person holds a working with children authority. Maximum penalty—

(a) if the withdrawal notice is given because section 199 applies—500 penalty units or 5 years imprisonment; or

(b) otherwise—100 penalty units or 1 year’s imprisonment.

(3) Despite section 176E, subsection (2) applies even if the person makes another working with children check (exemption) application. s 176F ins 2019 No. 18s 17 176G Exemption required for police officer or registered teacher to carry on regulated business A person who is a police officer or registered teacher must not carry on a regulated business unless—

(a) the person holds a working with children authority; or

(b) the person has made a working with children check (exemption) application and the application has not been decided or withdrawn.

Maximum penalty—500 penalty units or 5 years imprisonment. Note— Under section 14, particular executive officers of a corporation that carries on a regulated business are taken to carry on the regulated business. s 176G ins 2019 No. 18s 17 Division 4 Restricted persons prohibited from restricted employment ch 7 pt 4 div 4 hdg ins 2019 No. 18s 17 176H Definitions for division In this division— restricted employment means employment that is not regulated employment under—

(a) section 156 (3) or (4); or

(b) schedule 1, section 6A(3)(a) or (b).

s 176H def restricted employment amd 2024 No. 50s 40(1) restricted person means a person who—

(a) holds a negative notice; or

(b) holds a working with children authority that is suspended; or

(d) has been charged with a disqualifying offence the proceeding for which has not ended; or

(e) is the subject of an adverse interstate WWC decision that is in effect.

s 176H def restricted person amd 2024 No. 50s 40(2) s 176H ins 2019 No. 18s 17 amd 2020 No. 39s 35; 2022 No. 7s 100 176I Employing restricted person in restricted employment prohibited A person (the employer) must not employ, or continue to employ, another person (the employee) in restricted employment if—

(a) the employee is a restricted person; and

(b) the employer knows, or ought reasonably to know, the employee is a restricted person.

Maximum penalty—200 penalty units or 2 years imprisonment. s 176I ins 2019 No. 18s 17 176J Restricted person prohibited from starting or continuing in restricted employment (1) A restricted person must not start or continue in restricted employment. Maximum penalty—500 penalty units or 5 years imprisonment. (2) However—

(a) if the person is a restricted person because the person holds a negative notice that was issued under chapter 8, part 5A when the person’s working with children authority was cancelled—a court may not find the person contravened subsection (1) unless the court is satisfied the person was given written notice about the issue of the negative notice; and

(b) if the person is a restricted person because the person’s working with children authority is suspended under chapter 8, part 5A—a court may not find the person contravened subsection (1) unless the court is satisfied the person was given written notice about the suspension.

s 176J ins 2019 No. 18s 17 Chapter 8 Working with children checks and authorities ch 8 hdg ins 2019 No. 18s 18 Part 1 ch 8 pt 1 hdg ins 2019 No. 18s 18 om 2024 No. 50s 41 Division 1 ch 8 pt 1 div 1 hdg prev ch 8 pt 1 div 1 hdg ins 2010 No. 5s 58 om 2014 No. 28s 57 pres ch 8 pt 1 div 1 hdg ins 2019 No. 18s 19 om 2024 No. 50s 41 176K s 176K ins 2019 No. 18s 19 om 2024 No. 50s 41 176L s 176L ins 2019 No. 18s 19 om 2024 No. 50s 41 Division 2 ch 8 pt 1 div 2 hdg prev ch 8 pt 1 div 2 hdg ins 2010 No. 5s 58 om 2014 No. 28s 57A pres ch 8 pt 1 div 2 hdg ins 2010 No. 5s 58 om 2024 No. 50s 41 177 s 177 ins 2010 No. 5s 58 amd 2014 No. 28s 55; 2019 No. 18s 20 om 2024 No. 50s 41 178 s 178 ins 2010 No. 5s 58 amd 2010 No. 33s 100; 2014 No. 28s 55; 2019 No. 18s 21 om 2024 No. 50s 41 179 s 179 ins 2010 No. 5s 58 amd 2014 No. 28s 55 om 2024 No. 50s 41 180 s 180 ins 2010 No. 5s 58 amd 2013 No. 14s 54sch; 2014 No. 28ss 55, 57B; 2019 No. 18s 22 om 2024 No. 50s 41 181 s 181 ins 2010 No. 5s 58 amd 2014 No. 28s 55; 2019 No. 18s 23 om 2024 No. 50s 41 182 s 182 ins 2010 No. 5s 58 amd 2014 No. 28s 55 sub 2019 No. 18s 24 om 2024 No. 50s 41 183 s 183 ins 2010 No. 5s 58 amd 2014 No. 28s 55 om 2019 No. 18s 25 184 s 184 ins 2010 No. 5s 58 amd 2014 No. 28s 55 om 2019 No. 18s 25 185 s 185 ins 2010 No. 5s 58 sub 2019 No. 18s 26 om 2024 No. 50s 41 Part 2 Working with children check applications ch 8 pt 2 hdg ins 2019 No. 18s 28 186 Meaning of disclosable matter (1) A disclosable matter, in relation to a person, is a matter that relates to any of the following—

(a) a domestic violence order made, or a police protection direction or police protection notice issued, against the person under the Domestic and Family Violence Protection Act 2012;

(b) an adverse interstate WWC decision against the person;

(c) an allegation of harm caused by the person substantiated by the chief executive (child safety) or the chief executive of the department of another State administering a child welfare law of the State;

(d) a type of disciplinary action taken against the person that is prescribed by regulation;

(e) another matter relevant to whether the person poses a risk to the safety of children prescribed by regulation.

(2) In this section— child welfare law see the Child Protection Act 1999, schedule 3. s 186 prev s 186 ins 2010 No. 5s 58 amd 2014 No. 28ss 55, 56 om 2024 No. 50s 41 pres s 186 ins 2024 No. 50s 42 amd 2025 No. 18s 83sch 1 187 Who may apply (1) A person (an applicant) may apply to the chief executive for a working with children check. (2) A police officer or registered teacher (also an applicant) may apply to the chief executive for a working with children check for an exemption. s 187 prev s 187 ins 2010 No. 5s 58 om 2019 No. 18s 27 pres s 187 ins 2019 No. 18s 28 187A Application combined with disability worker screening application (1) A person (an applicant) may combine an application mentioned in section 187(1) or (2) with a disability worker screening application. (2) An application made under subsection (1) is a combined application. (3) This chapter applies to a combined application to the extent it is an application mentioned in section 187(1) or (2). (4) If a combined application is made to the chief executive, the chief executive must give the information in the combined application, to the extent the information relates to the applicant’s disability worker screening application, to the chief executive (disability worker screening). s 187A ins 2020 No. 39s 36 amd 2024 No. 50s 43 188 Form of application (1) An application under this part must be—

(a) in the approved form; and

(b) made in an approved way; and

(2) A working with children check (general) application must be accompanied by the prescribed fee for the application, unless section 189 applies to the applicant. (3) The approved form must provide for the applicant—

(a) to provide proof of the applicant’s identity; and

(b) to consent to employment screening under this chapter; and

(c) if the application is a working with children check (exemption) application—to declare that the applicant is a police officer or a registered teacher.

(4) Further, the approved form may provide for the applicant to disclose whether particular police information or a disclosable matter exists in relation to the applicant. (5) If the approved form provides for the applicant to disclose whether particular police information exists in relation to the applicant, the applicant must not fail to disclose the police information. Maximum penalty—100 penalty units. (6) If the approved form provides for the applicant to disclose whether a disclosable matter exists in relation to the applicant, the applicant must not fail to disclose the disclosable matter. Maximum penalty—10 penalty units. s 188 prev s 188 ins 2010 No. 5s 58 amd 2014 No. 28s 55 om 2019 No. 18s 27 pres s 188 ins 2019 No. 18s 28 amd 2024 No. 50s 44 189 No application fee for volunteers (1) This section applies if the chief executive is satisfied the applicant—

(a) has an agreement with another person (the employer) to be employed in regulated employment as a volunteer by the employer; or

(b) proposes to carry on, or to continue carrying on, a regulated business other than for reward.

(2) The applicant is not required to pay the prescribed fee for the application. s 189 prev s 189 ins 2010 No. 5s 58 om 2019 No. 18s 27 pres s 189 ins 2019 No. 18s 28 190 Chief executive may request further information (1) On receiving an application under this part, the chief executive may give the applicant a notice asking the applicant to give the chief executive, within a reasonable stated time—

(a) stated information that the chief executive reasonably needs to establish the applicant’s identity; or

(b) stated information, including by way of a submission, about a stated matter that the chief executive reasonably believes is relevant to the application.

(2) A request under subsection (1) must state that, if the applicant does not comply with the request within the stated time, the applicant’s application will be withdrawn. s 190 prev s 190 ins 2010 No. 5s 58 om 2019 No. 18s 27 pres s 190 ins 2019 No. 18s 28 190A Chief executive may request further information for combined application (1) This section applies if an applicant made a combined application and the chief executive becomes aware that, under the Disability Services Act 2006—

(a) the applicant’s disability worker screening application has been withdrawn; or

(b) a disability exclusion has been issued to the applicant.

(2) The chief executive may give the applicant a notice asking the applicant to advise the chief executive, within a reasonable stated time, whether or not the applicant wishes to proceed with the working with children check application under this part. (3) A request under subsection (2) must state that, if the applicant does not comply with the request within the stated time, the applicant’s working with children check application will be withdrawn. s 190A ins 2020 No. 39s 37 191 Working with children authority continues in force pending decision (1) This section applies if an applicant holds a working with children authority (the current authority). (2) Despite sections 238(1) and 239(1), the current authority remains in force from the day it would otherwise end until the earliest of the following things happens—

(a) the application is decided or withdrawn;

(b) the current authority is cancelled;

(c) if the application is a working with children check (exemption) application—the applicant stops being a police officer or registered teacher.

s 191 prev s 191 ins 2010 No. 5s 58 om 2019 No. 18s 27 pres s 191 ins 2019 No. 18s 28 amd 2024 No. 50s 140sch 1 192 s 192 prev s 192 ins 2010 No. 5s 58 amd 2014 No. 28s 55 om 2019 No. 18s 27 pres s 192 ins 2019 No. 18s 28 om 2024 No. 50s 45 193 Effect of application by negative notice holder (1) This section applies if the applicant holds a negative notice. (2) The application has no effect. (3) The chief executive must give a notice that states the following matters to the applicant and each notifiable person for the applicant—

(a) the application has no effect because the applicant holds a negative notice;

(b) the day the negative notice was issued.

(4) A notice given to the applicant under subsection (3) must also state the following matters—

(a) the applicant may apply to cancel a negative notice under section 304G if—

(i) the applicant is not a disqualified person; and

(ii) the applicant is not the subject of an adverse interstate WWC decision that is in effect; and

(iii) the application is made more than 3 years after the negative notice was issued;

(b) if either of the following applies, the applicant may apply under section 304G to cancel the negative notice—

(i) the decision to issue the notice was based on wrong or incomplete information;

(ii) the negative notice was issued because the applicant was a disqualified person and the applicant is no longer a disqualified person.

(5) If the negative notice was issued to the applicant because the applicant is a disqualified person, a notice given to the chief executive (child safety) under subsection (3) must also state the provision of the Act under which the negative notice was issued. s 193 prev s 193 ins 2010 No. 5s 58 amd 2014 No. 28s 55 om 2019 No. 18s 27 pres s 193 ins 2019 No. 18s 28 amd 2024 No. 50s 46 193A Effect of interim bar imposed under Disability Services Act 2006 (1) This section applies if—

(a) the applicant has also made a disability worker screening application, regardless of whether the applicant made a combined application; and

(b) the chief executive is aware that an interim bar has been imposed on the applicant under the Disability Services Act 2006, section 82.

(2) The chief executive is not required to decide the applicant’s working with children check application until the chief executive becomes aware that the interim bar is no longer in effect. (3) If the chief executive defers deciding the working with children check application under subsection (2), the chief executive must give the applicant a written notice about the deferral. s 193A ins 2020 No. 39s 38 amd 2024 No. 50s 47 Part 3 Withdrawal of application ch 8 pt 3 hdg ins 2019 No. 18s 28 194 Application of part This part applies to a working with children check application. s 194 prev s 194 ins 2010 No. 5s 58 amd 2014 No. 28s 55 om 2019 No. 18s 27 pres s 194 ins 2019 No. 18s 28 sub 2024 No. 50s 48 195 Notice of withdrawal (1) The chief executive withdraws an application by giving the applicant a notice (a withdrawal notice) that states the application is withdrawn. (2) The chief executive must give a withdrawal notice to the applicant if, before the application is decided—

(a) the applicant withdraws the application under section 196; or

(b) the chief executive is permitted or required, under this part, to withdraw the application.

(3) If the application is a working with children check application, the chief executive must also give a withdrawal notice to each notifiable person and potential employer for the applicant. (4) A withdrawal notice must state the reason for the withdrawal. s 195 prev s 195 ins 2010 No. 5s 58 om 2019 No. 18s 27 pres s 195 ins 2019 No. 18s 28 amd 2022 No. 7s 101 196 Withdrawal by applicant (1) The applicant may withdraw an application at any time before it is decided. (2) The applicant withdraws the application by giving the chief executive notice about the withdrawal. (3) The notice may be given orally or in writing. s 196 prev s 196 ins 2010 No. 5s 58 om 2019 No. 18s 27 pres s 196 ins 2019 No. 18s 28 196A Withdrawal of combined application (1) This section applies if the applicant made a combined application. (2) The applicant may combine a notice withdrawing the applicant’s working with children check application under section 196 with a request to withdraw the applicant’s disability worker screening application. Note— The request may be made orally or in writing. See—

(a) section 196 (3); and

(b) the Disability Services Act 2006, section 75(2).

(3) A request made under subsection (2) is a combined withdrawal request. (4) This part applies to a combined withdrawal request to the extent it is a notice under section 196. (5) If a combined withdrawal request is made to the chief executive, the chief executive must give a notice about the combined withdrawal request to the chief executive (disability worker screening). s 196A ins 2020 No. 39s 39 amd 2024 No. 50s 49 197 Withdrawal by chief executive—identity can not be established The chief executive must withdraw an application if—

(a) the chief executive gives the applicant a notice under section 190(1)(a) asking the applicant to provide information to establish the applicant’s identity within a stated time; and

(b) the notice includes the warning mentioned in section 190(2); and

(d) the chief executive can not establish the applicant’s identity with certainty.

s 197 prev s 197 ins 2010 No. 5s 58 om 2019 No. 18s 27 pres s 197 ins 2019 No. 18s 28 amd 2024 No. 50s 50 198 Withdrawal by chief executive—failure to comply with particular requests (1) The chief executive must withdraw an application if—

(a) the chief executive gives the applicant a notice under section 190(1)(b) or 190A(2); and

(b) the notice includes a warning that, if the applicant does not comply with the notice, the application will be withdrawn; and

(2) The chief executive may withdraw an application if—

(a) the chief executive gives the applicant a notice under section 330, 332 or 333 asking the applicant to give the consent, or take the other action, stated in the notice; and

(b) the notice includes a warning that, if the applicant does not comply with the notice, the chief executive may withdraw the application; and

s 198 prev s 198 ins 2010 No. 5s 58 om 2019 No. 18s 27 pres s 198 ins 2019 No. 18s 28 amd 2020 No. 39s 40 sub 2024 No. 50s 51 199 Withdrawal by chief executive—applicant charged with serious offence or disqualifying offence etc. (1) The chief executive must withdraw a working with children check application if the applicant is charged with a serious offence or disqualifying offence. (2) If the applicant is charged with a disqualifying offence, a withdrawal notice given under section 195 because this section applies must state that—

(a) for a notice given to the applicant—it is an offence for the applicant to start or continue in restricted employment; or

(b) for a notice given to a notifiable person or potential employer for the applicant—it is an offence for an employer or potential employer to employ, or continue to employ, the applicant in restricted employment.

s 199 prev s 199 ins 2010 No. 5s 58 amd 2014 No. 28s 55 om 2019 No. 18s 27 pres s 199 ins 2019 No. 18s 28 amd 2022 No. 7ss 77, 102; 2024 No. 50s 52 200 Withdrawal by chief executive—applicant no longer police officer or registered teacher (1) The chief executive must withdraw a working with children check (exemption) application made by a police officer if the applicant or the police commissioner gives the chief executive a written notice that states the applicant is no longer a police officer. (2) The chief executive must withdraw a working with children check (exemption) application made by a registered teacher if the applicant or the college of teachers gives the chief executive a written notice that states the applicant is no longer a registered teacher. s 200 prev s 200 ins 2010 No. 5s 58 amd 2010 No. 33s 101 om 2019 No. 18s 27 pres s 200 ins 2019 No. 18s 28 amd 2024 No. 50s 53 201 Withdrawal by chief executive—adverse interstate WWC decision in effect (1) The chief executive must withdraw an application if the chief executive becomes aware—

(a) an adverse interstate WWC decision has been made about the applicant; and

(b) the decision is in effect.

(2) A withdrawal notice given under section 195 because this section applies must state that—

(a) for a notice given to the applicant—it is an offence for the applicant to start or continue in restricted employment; or

s 201 prev s 201 ins 2010 No. 5s 58 amd 2014 No. 28s 55 om 2019 No. 18s 27 pres s 201 ins 2022 No. 7s 103 amd 2024 No. 50s 54 Part 4 Working with children authorities ch 8 pt 4 hdg ins 2019 No. 18s 29 amd 2024 No. 50s 55 Division 3 ch 8 pt 4 div 3 hdg ins 2010 No. 5s 58 om 2019 No. 18s 27 Division 4 ch 8 pt 4 div 4 hdg ins 2010 No. 5s 58 om 2019 No. 18s 27 Division 5 ch 8 pt 4 div 5 hdg ins 2010 No. 5s 58 om 2019 No. 18s 27 Division 6 ch 8 pt 4 div 6 hdg ins 2010 No. 5s 58 om 2019 No. 18s 27 Division 7 ch 8 pt 4 div 7 hdg ins 2010 No. 5s 58 om 2019 No. 18s 27 202 s 202 ins 2010 No. 5s 58 amd 2016 No. 63s 1157sch 6 om 2019 No. 18s 27 203 s 203 ins 2010 No. 5s 58 amd 2014 No. 28s 55 om 2019 No. 18s 27 204 s 204 ins 2010 No. 5s 58 amd 2014 No. 28s 55 om 2019 No. 18s 27 205 s 205 ins 2010 No. 5s 58 amd 2014 No. 28s 55 om 2019 No. 18s 27 206 s 206 ins 2010 No. 5s 58 amd 2014 No. 28s 55 om 2019 No. 18s 27 207 s 207 ins 2010 No. 5s 58 amd 2014 No. 28s 55 om 2019 No. 18s 27 208 s 208 ins 2010 No. 5s 58 amd 2014 No. 28s 55; 2019 No. 18s 26A om 2019 No. 18s 27 209 s 209 ins 2010 No. 5s 58 amd 2014 No. 28s 55 om 2019 No. 18s 27 210 s 210 ins 2010 No. 5s 58 amd 2014 No. 28s 55 om 2019 No. 18s 27 Division 8 ch 8 pt 4 div 8 hdg ins 2010 No. 5s 58 om 2019 No. 18s 27 211 s 211 ins 2010 No. 5s 58 amd 2014 No. 28s 55 om 2019 No. 18s 27 212 s 212 ins 2010 No. 5s 58 amd 2010 No. 33s 102 om 2019 No. 18s 27 213 s 213 ins 2010 No. 5s 58 amd 2014 No. 28s 55 om 2019 No. 18s 27 214 s 214 ins 2010 No. 5s 58 om 2019 No. 18s 27 215 s 215 ins 2010 No. 5s 58 amd 2014 No. 28s 55 om 2019 No. 18s 27 216 s 216 ins 2010 No. 5s 58 amd 2014 No. 28s 55 om 2019 No. 18s 27 217 s 217 ins 2010 No. 5s 58 amd 2014 No. 28s 55; 2019 No. 18s 26B om 2019 No. 18s 27 218 s 218 ins 2010 No. 5s 58 amd 2014 No. 28s 55 om 2019 No. 18s 27 Division 9 Dealing with and deciding applications ch 8 pt 4 div 9 hdg ins 2010 No. 5s 58 amd 2019 No. 18s 30 sub 2024 No. 50s 56 Subdivision 1 Preliminary ch 8 pt 4 div 9 sdiv 1 hdg ins 2024 No. 50s 56 219 Application of division This division applies in relation to a working with children check application made by a person if the application has not been withdrawn. Note— See section 294, which provides that the chief executive must decide certain matters under this division. s 219 ins 2010 No. 5s 58 sub 2019 No. 18s 31; 2024 No. 50s 56 220 Assessable information in relation to applications The chief executive must consider each of the following types of information (assessable information), of which the chief executive is aware, about the person who made the application—

(a) police information;

(b) domestic violence information;

(d) adverse interstate WWC information;

(e) other information about the person that the chief executive reasonably believes is relevant to deciding whether the person poses a risk to the safety of children.

s 220 ins 2010 No. 5s 58 amd 2014 No. 28s 55 sub 2019 No. 18s 31; 2024 No. 50s 56 Subdivision 2 Working with children check (exemption) applications ch 8 pt 4 div 9 sdiv 2 hdg ins 2024 No. 50s 56 221 Definition for subdivision In this subdivision— identifying information, in relation to a person, means the following—

(a) the person’s name and any other name that the chief executive believes the person may use or may have used;

(b) the person’s gender;

(d) any other information given by the person about—

(i) if the person claims to be a police officer—the person’s status as a police officer; or Example for subparagraph (i)— a number identifying the person as a police officer

(ii) if the person claims to be a registered teacher—the person’s status as a registered teacher, including any number, date or other information. Example for subparagraph (ii)— the person’s identification number for the person’s registration under the Education (Queensland College of Teachers) Act 2005

s 221 ins 2010 No. 5s 58 amd 2014 No. 28s 55; 2019 No. 18s 86(1)sch 1; 2020 No. 39s 41 sub 2022 No. 7ss 78 amd 2022 No. 7s 104 sub 2024 No. 50s 56 222 Additional requirements for working with children check (exemption) application (1) This section applies in relation to a working with children check (exemption) application made by a person. (2) Before deciding the application, the chief executive must ask for information about the person—

(a) if the person claims to be a police officer—from the police commissioner; or

(b) if the person claims to be a registered teacher—from the college of teachers.

(3) For subsection (2), the chief executive’s request may include identifying information for the person. (4) The police commissioner or the college of teachers must comply with the request. (5) For the purposes of the application—

(a) a person is a police officer only if the police commissioner has advised the chief executive that the person is a police officer under this section; and

(b) a person is a registered teacher only if the college of teachers has advised the chief executive that the person is a registered teacher under this section.

(6) The chief executive may decide the application under subdivision 3 only if the person is a police officer or a registered teacher. s 222 ins 2010 No. 5s 58 amd 2014 No. 28s 55; 2019 No. 18s 86(1)sch 1 sub 2024 No. 50s 56 223 Obtaining advice from police commissioner (1) This section applies if—

(a) a working with children check (exemption) application is for a person who is a police officer; and

(b) the police commissioner has advised the chief executive under section 222 that the person is a police officer.

(2) Before deciding the application, the chief executive must ask the police commissioner to advise the chief executive whether the chief executive may need to undertake further employment screening of the person. (3) For subsection (2), the chief executive’s request may include identifying information for the person. (4) The police commissioner must comply with the request. (5) However, the police commissioner may give advice under subsection (2) only if the police commissioner is aware—

(a) the person has been charged with an offence; and

(b) the charge has not been finally dealt with.

s 223 ins 2010 No. 5s 58 amd 2014 No. 28s 55; 2019 No. 18s 86(1)sch 1; 2020 No. 39s 42; 2022 No. 7ss 79, 105 sub 2024 No. 50s 56 224 Obtaining advice from college of teachers (1) This section applies if—

(a) a working with children check (exemption) application is for a person who is a registered teacher; and

(b) the college of teachers has advised the chief executive under section 222 that the person is a registered teacher.

(2) Before deciding the application, the chief executive must ask the college of teachers to advise the chief executive whether the chief executive may need to undertake further employment screening of the person. (3) For subsection (2), the chief executive’s request may include identifying information for the person. (4) The college of teachers must comply with the request. (5) However, the college of teachers may give advice under subsection (2) only if the college is aware of any police information about the person. (6) If the college of teachers gives advice under subsection (2), the chief executive must not, because the advice was given—

(a) make any adverse inference about the person’s police information; or

(b) infer that a negative notice should be issued to the person.

(7) In this section— police information see the Education (Queensland College of Teachers) Act 2005, schedule 3. s 224 ins 2010 No. 5s 58 amd 2014 No. 28s 55 sub 2019 No. 18s 32; 2024 No. 50s 56 225 Further employment screening (1) This section applies if the police commissioner or college of teachers advises the chief executive under section 223 or 224 that the chief executive may need to undertake further employment screening of the person. (2) Before deciding the application, the chief executive must ask for information about the person under section 311. s 225 ins 2010 No. 5s 58 amd 2014 No. 28s 55; 2019 No. 18s 33 sub 2024 No. 50s 56 Subdivision 3 Deciding applications ch 8 pt 4 div 9 sdiv 3 hdg ins 2024 No. 50s 56 226 Chief executive to decide application and issue authority or notice (1) The chief executive must approve or refuse an application in accordance with this subdivision. (2) If the chief executive approves an application, the chief executive must issue to the person—

(a) if the person made a working with children check (general) application—a working with children clearance; or

(b) if the person made a working with children check (exemption) application—a working with children exemption.

(3) If the chief executive refuses an application, the chief executive must issue a negative notice to the person. (4) The working with children authority or negative notice must be issued in writing. s 226 ins 2010 No. 5s 58 amd 2014 No. 28s 55; 2020 No. 39s 43 sub 2024 No. 50s 56 227 Deciding application—no assessable information (1) The chief executive must approve an application if the chief executive is not aware of any assessable information about the person who made the application. (2) However, for a working with children check (exemption) application, the chief executive may approve the application only if the chief executive is also satisfied further employment screening is not required. Note— See sections 223 and 224. s 227 ins 2010 No. 5s 58 amd 2014 No. 28s 55 sub 2024 No. 50s 56 228 Deciding application—disqualified person If the chief executive is aware the person who made the application is a disqualified person, the chief executive must refuse the application. s 228 ins 2010 No. 5s 58 amd 2014 No. 28s 55; 2020 No. 39s 44; 2022 No. 7ss 80, 106 sub 2024 No. 50s 56 229 Deciding application—exceptional case (1) This section applies if the person who made the application—

(a) has been a disqualified person at any time but is no longer a disqualified person (other than a person who was a disqualified person by reason of a conviction, sentence or order that was set aside on appeal); or

(b) has been convicted of a serious offence at any time.

(2) The chief executive must refuse the application. (3) However, the chief executive may approve the application if the chief executive is satisfied it is an exceptional case in which the person would not pose a risk to the safety of children if a working with children authority were issued to the person. (4) In deciding whether a case is an exceptional case, the chief executive must conduct a risk assessment. s 229 ins 2010 No. 5s 58 amd 2014 No. 28s 55; 2019 No. 18s 86(1)sch 1; 2020 No. 39s 45; 2022 No. 7ss 81, 107 sub 2024 No. 50s 56 230 Deciding application—general assessment of risk posed (1) This section applies if sections 227, 228 and 229 do not apply in relation to an application made by a person. (2) The chief executive must approve the application unless the chief executive is satisfied the person poses a risk to the safety of children. (3) In deciding whether the person poses a risk to the safety of children, the chief executive must conduct a risk assessment. s 230 prev s 230 ins 2008 No. 18s 45 exp 2 June 2009 (see prev s 230(4)) pres s 230 ins 2010 No. 5s 58 amd 2014 No. 28s 55 sub 2019 No. 18s 34; 2024 No. 50s 56 Subdivision 4 Risk assessment ch 8 pt 4 div 9 sdiv 4 hdg ins 2024 No. 50s 56 231 Application of subdivision This subdivision applies if the chief executive is conducting a risk assessment under section 229 or 230 in relation to a person who made an application. s 231 ins 2010 No. 5s 58 sub 2019 No. 18s 34; 2020 No. 39s 46; 2024 No. 50s 56 231A s 231A ins 2020 No. 39s 46 om 2024 No. 50s 56 232 How chief executive conducts risk assessment (1) The chief executive conducts a risk assessment of the person by—

(a) considering the information about the person obtained by the chief executive for the purpose of this division; and

(b) if the chief executive refers a matter to an advisory committee—considering the advice or recommendations of the advisory committee; and

(c) if the chief executive appoints an expert advisor in relation to the risk assessment—considering the advice of the expert advisor; and

(d) deciding whether the person poses a risk to the safety of children, including by applying the reasonable person test under section 233.

(2) For the chief executive to decide that a person poses a risk to the safety of children, the chief executive—

(a) must be satisfied there is a real possibility that the person will pose a risk to the safety of children; and

(b) does not need to be satisfied that it is likely the person will pose a risk to the safety of children.

s 232 ins 2010 No. 5s 58 amd 2014 No. 28s 55 sub 2019 No. 18s 36; 2024 No. 50s 56 232A s 232A ins 2019 No. 18s 36 om 2024 No. 50s 56 233 Reasonable person test (1) The chief executive may decide a person does not pose a risk to the safety of children only if the chief executive is satisfied that a reasonable person would allow their child to have direct contact with the person—

(a) whether supervised or unsupervised by another person; and

(b) while the person is engaged in regulated employment or carries on a regulated business.

(2) In this section— direct contact means contact between a person and a child that involves 1 or more of the following—

(a) physical contact;

(b) face to face contact;

(d) contact by telephone or other oral communication;

(e) contact by email or other electronic communication.

s 233 ins 2010 No. 5s 58 amd 2014 No. 28ss 55, 56; 2019 No. 18s 86(1)sch 1 sub 2024 No. 50s 56 234 Matters to consider in relation to particular conduct (1) This section applies if the chief executive is aware of conduct by the person, including alleged conduct, in relation to which there is assessable information of which the chief executive is aware. (2) The chief executive must consider the following matters in deciding whether the person poses a risk to the safety of children—

(a) the nature, gravity and circumstances of the conduct;

(b) how the person’s conduct is relevant to engaging in regulated employment or the carrying on of a regulated business;

(d) if the person’s conduct involved the commission of an offence or another act against another person (the victim)—

(i) the victim’s vulnerability at the time of the conduct; and

(ii) the age difference between the person and the victim at the time of the conduct; and

(iii) the person’s relationship to, or position of authority over, the victim at the time of the conduct;

(e) whether the person’s conduct indicates a pattern of concerning behaviour;

(f) the person’s conduct since the conduct mentioned in subsection (1);

(g) if the person is an Aboriginal person or Torres Strait Islander person—the effect of—

(i) systemic disadvantage and intergenerational trauma; and

(ii) the historical context and limitations on access to justice;

(h) any information given by the person in, or in relation to, the application;

(i) any other circumstances relevant to the person’s conduct; Example for paragraph (i)— a report given to the chief executive about the person’s mental health

(j) any other matters the chief executive considers relevant.

s 234 ins 2010 No. 5s 58 amd 2014 No. 28s 55; 2019 No. 18s 37 sub 2024 No. 50s 56 235 Requirements before deciding person poses risk to safety of children (1) This section applies if the chief executive is proposing to decide that a person poses a risk to the safety of children. (2) Before deciding the person’s application, the chief executive must—

(a) give the person written notice of the matters set out in section 236; and

(b) consider any submissions made by the person about the matters set out in section 236(1)(c).

s 235 ins 2010 No. 5s 58 amd 2014 No. 28ss 55, 58; 2019 No. 18s 86(1)sch 1; 2022 No. 34s 365sch 3 sub 2024 No. 50s 56 236 Requirements for notice (1) A notice under section 235 must—

(a) include the assessable information about the person of which the chief executive is aware; and

(b) state that the chief executive proposes to refuse the application and issue a negative notice to the person unless the chief executive is satisfied that—

(i) the person does not pose a risk to the safety of children; and

(ii) if section 229 applies in relation to the person—there is an exceptional case for the person; and

(i) why the person does not pose a risk to the safety of children;

(ii) why the chief executive should issue a working with children authority to the person;

(iii) if section 229 applies in relation to the person—why there is an exceptional case for the person; and

(d) state the period within which the person may make the submissions, which must be a period of at least 7 days after the chief executive gives the person the notice.

(2) In this section— exceptional case means exceptional case mentioned in section 229(3). s 236 prev s 236 ins 2010 No. 5s 58 amd 2014 No. 28ss 55, 56 om 2019 No. 18s 38 pres s 236 ins 2024 No. 50s 56 237 Submissions to chief executive A person invited to make submissions to the chief executive under section 236(1)(c) may do so—

(a) in writing; or

(b) if the chief executive considers it reasonable in the circumstances to receive oral submissions—orally.

s 237 prev s 237 ins 2010 No. 5s 58 amd 2014 No. 28ss 55, 56 om 2019 No. 18s 38 pres s 237 ins 2024 No. 50s 56 Subdivision 5 Term of authority or negative notice ch 8 pt 4 div 9 sdiv 5 hdg ins 2024 No. 50s 56 238 Term of working with children authority (1) Unless cancelled earlier under part 5A, the term of a working with children authority issued to a person is—

(a) if the chief executive decides the term of the authority under subsection (2)—the term decided by the chief executive; or

(b) otherwise—3 years.

(2) The chief executive may decide that the term of a person’s working with children authority is the same as the term of—

(a) if the person made a combined application—a disability clearance issued to the person by the chief executive (disability worker screening) after deciding the application; or

(b) a disability clearance otherwise held by the person.

(3) The term decided by the chief executive under subsection (2) may be less than 3 years or more than 3 years. Note— Under the Disability Services Act 2006, section 101, the term of an NDIS clearance is 5 years and the term of a State clearance is 3 years. s 238 prev s 238 ins 2010 No. 5s 58 amd 2014 No. 28ss 55, 56 om 2019 No. 18s 38 pres s 238 ins 2024 No. 50s 56 239 Term of exemption (1) Unless an event mentioned in subsection (4) happens earlier, the term of a working with children exemption issued to a person is—

(a) if the chief executive decides the term of the exemption under subsection (2)—the term decided by the chief executive; or

(b) otherwise—3 years.

(2) The chief executive may decide that the term of a person’s working with children exemption is the same as the term of—

(a) if the person made a combined application—a disability clearance issued to the person by the chief executive (disability worker screening) after deciding the application; or

(b) a disability clearance otherwise held by the person.

(3) The term decided by the chief executive under subsection (2) may be less than 3 years or more than 3 years. Note— Under the Disability Services Act 2006, section 101, the term of an NDIS clearance is 5 years and the term of a State clearance is 3 years. (4) For subsection (1), each of the following is an event for a working with children exemption—

(a) the term of the exemption ends under section 350A because the holder of the exemption stops being a police officer or registered teacher;

(b) the exemption is cancelled under part 5A.

s 239 prev s 239 ins 2010 No. 5s 58 amd 2014 No. 28s 55 om 2019 No. 18s 38 pres s 239 ins 2024 No. 50s 56 240 Term of negative notice A negative notice remains in effect until it is cancelled under part 5A. s 240 prev s 240 ins 2010 No. 5s 58 amd 2014 No. 28s 55; 2019 No. 18s 37A om 2019 No. 18s 38 pres s 240 ins 2024 No. 50s 56 Subdivision 6 Advisory committees ch 8 pt 4 div 9 sdiv 6 hdg ins 2024 No. 50s 56 241 Definition for subdivision In this subdivision— committee member means a member of an advisory committee. s 241 prev s 241 ins 2010 No. 5s 58 amd 2014 No. 28ss 55, 56; 2019 No. 18s 37B om 2019 No. 18s 38 pres s 241 ins 2024 No. 50s 56 242 Establishment of advisory committees The chief executive may establish 1 or more advisory committees. s 242 prev s 242 ins 2010 No. 5s 58 amd 2014 No. 28s 55 om 2019 No. 18s 38 pres s 242 ins 2024 No. 50s 56 243 Functions and powers (1) An advisory committee has the following functions—

(a) reviewing information referred to the advisory committee by the chief executive in relation to the risk assessment of a person;

(b) providing advice or recommendations to the chief executive about the risk assessment of a person based on the information referred to the committee under paragraph (a).

(2) An advisory committee has power to do anything necessary or convenient to be done in performing its functions. s 243 prev s 243 ins 2010 No. 5s 58 amd 2014 No. 28ss 55, 56 om 2019 No. 18s 38 pres s 243 ins 2024 No. 50s 56 244 Chief executive referral to advisory committee The chief executive may refer to an advisory committee all or any aspect of a risk assessment that the chief executive considers will assist in making a decision. s 244 prev s 244 ins 2010 No. 5s 58 amd 2014 No. 28s 55 om 2019 No. 18s 38 pres s 244 ins 2024 No. 50s 56 245 Giving information to advisory committee (1) The chief executive may give information to an advisory committee about—

(a) a working with children check application made by a person; or

(b) a negative notice held by a person; or

(2) Before the chief executive gives the information the chief executive must, by written notice—

(a) ask the person the subject of the risk assessment for consent to give the information; and

(b) state the reasons for the request to give the information.

(3) The chief executive may only give the information to the advisory committee if the person gives the chief executive written consent. (4) In this section— give, information, includes give access to information. information includes—

(a) protected information under section 384; and

(b) confidential information to which section 385 applies.

s 245 prev s 245 ins 2010 No. 5s 58 amd 2014 No. 28s 55 om 2019 No. 18s 38 pres s 245 ins 2024 No. 50s 56 246 Consent to give information not provided If a person does not consent to the chief executive giving information under section 245(3), the chief executive must not—

(a) refer the risk assessment, or any aspect of the risk assessment, to an advisory committee; or

(b) give the information to an advisory committee.

s 246 prev s 246 ins 2010 No. 5s 58 amd 2014 No. 28s 55 om 2019 No. 18s 38 pres s 246 ins 2024 No. 50s 56 246A Membership and procedures of advisory committees (1) The chief executive—

(a) may appoint members to an advisory committee; and

(b) must give each committee member written notice of the member’s appointment.

(2) If the chief executive decides a committee member is no longer eligible or suitable for membership of an advisory committee, the chief executive must revoke the committee member’s appointment by written notice given to the committee member. (3) A regulation may provide for the following for an advisory committee—

(a) the scope of the committee’s functions;

(b) the membership of the committee;

(d) procedures for nomination of committee members;

(e) the term of membership;

(f) vacation of office of committee members;

(g) other matters that facilitate the effective operation of the committee.

s 246A ins 2024 No. 50s 56 246B Investigations about suitability of advisory committee members (1) The chief executive may make inquiries to decide whether a person is suitable for appointment as, or to continue as, a committee member. (2) Without limiting subsection (1), the chief executive may ask the police commissioner for the following information—

(a) a written report about the person’s criminal history;

(b) a brief description of the circumstances of any conviction mentioned in the criminal history.

(3) The police commissioner must comply with a request under subsection (2). (4) However, the chief executive may make a request about a person under subsection (2) only if the person has given the chief executive written consent for the request. (5) If the person does not give the written consent to the chief executive, the person is taken not to be suitable for appointment as, or to continue as, a committee member. (6) The chief executive must ensure information provided by the police commissioner under subsection (3) is destroyed as soon as practicable after the information is no longer needed for the purpose for which it was requested. (7) The chief executive must give the person a copy of information given to the chief executive under subsection (3). (8) In this section— criminal history, of a person, means the person’s criminal history as defined under the Criminal Law (Rehabilitation of Offenders) Act 1986, other than spent convictions. s 246B ins 2024 No. 50s 56 246C Conflicts of interest (1) This section applies if a committee member has a direct or indirect interest in an issue being considered, or about to be considered, by the advisory committee that could conflict with the proper performance of the committee member’s duties about the consideration of an issue. (2) As soon as practicable after the committee member becomes aware of the facts of the issue, the committee member must disclose the nature of the interest to the advisory committee. (3) Unless the advisory committee otherwise directs, the committee member must not be present when the advisory committee—

(a) considers the issue; or

(b) considers the advice or recommendations that the advisory committee will give to the chief executive.

s 246C ins 2024 No. 50s 56 Subdivision 7 Miscellaneous ch 8 pt 4 div 9 sdiv 7 hdg ins 2024 No. 50s 56 246D Expert advisors The chief executive may appoint a person having specialist knowledge or skills to help the chief executive in conducting a risk assessment. s 246D ins 2024 No. 50s 56 246E Risk assessment guidelines (1) The chief executive must make guidelines about how a risk assessment is conducted. (2) The guidelines are a statutory instrument within the meaning of the Statutory Instruments Act 1992, but are not subordinate legislation. s 246E ins 2024 No. 50s 56 Division 10 Steps after application decided ch 8 pt 4 div 10 hdg ins 2010 No. 5s 58 amd 2019 No. 18s 35 sub 2024 No. 50s 56 246F Application of division This division applies if the chief executive decides a working with children check application. s 246F ins 2024 No. 50s 56 246G Issue of card The chief executive must issue—

(a) if the chief executive decides to issue a person a working with children clearance—a working with children card for the clearance to the person; or

(b) if the chief executive decides to issue a person a working with children exemption—a working with children card for the exemption to the person.

s 246G ins 2024 No. 50s 56 246H Issuing negative notice If the chief executive issues a negative notice to a person, the negative notice must be accompanied by a written notice stating the following—

(a) the chief executive has decided to issue the person a negative notice;

(b) the reasons for the chief executive’s decision;

(d) that it is an offence for a person who holds a negative notice to—

(i) start regulated employment or restricted employment; or

(ii) continue in regulated employment or restricted employment; or

(iii) carry on a regulated business.

s 246H ins 2024 No. 50s 56 246I Persons to be notified of decision (1) The chief executive must give each notifiable person for the person a written notice stating the person was issued—

(a) a working with children clearance; or

(b) a working with children exemption; or

(2) If the person is issued a negative notice on the basis the person is or was a disqualified person and a notice about the person is given to the chief executive (child safety) under subsection (1), the notice must also state the provision of this part under which the negative notice was issued. Note— See sections 228 and 229 for circumstances in which a negative notice is issued to a person on the basis the person is or was a disqualified person. (3) The chief executive may also give a potential employer for the person a notice mentioned in subsection (1). s 246I ins 2024 No. 50s 56 246J Public sector entity to be given particular advice (1) This section applies if—

(a) the chief executive issues—

(i) a working with children clearance to a person; or

(ii) a working with children exemption to a person; and

(b) the chief executive of another public sector entity (the other chief executive) proposes to start employing, or continue employing, the person in regulated employment; and

(2) The chief executive may advise the other chief executive that the other chief executive may need to undertake a further assessment of the person under the Public Sector Act 2022, chapter 3, part 5, division 4 to decide whether the other chief executive should employ, or continue employing, the person in regulated employment. Note— The Public Sector Act 2022, chapter 3, part 5, division 4 does not apply in relation to the engagement of particular persons by a public sector entity. See section 64 of that Act. (3) However, the chief executive may give the advice mentioned in subsection (2) only if the chief executive is aware that the person has a criminal history. (4) If the chief executive gives advice under subsection (2), the advice must be accompanied by a written notice stating that no adverse inference about the person’s criminal history or suitability for employment, or continued employment, by the other public sector entity should be made because the advice was given. s 246J ins 2024 No. 50s 56 Division 11 ch 8 pt 4 div 11 hdg ins 2010 No. 5s 58 om 2019 No. 18s 38 Division 12 ch 8 pt 4 div 12 hdg ins 2010 No. 5s 58 om 2019 No. 18s 38 Division 13 Persons who are police officers or registered teachers ch 8 pt 4 div 13 hdg ins 2010 No. 5s 58 247 Clearances held by police officers and registered teachers (1) This section applies if—

(a) a person holds a working with children clearance; and

(b) the person is or becomes a police officer or registered teacher.

(2) The person’s working with children clearance continues in effect subject to section 238. (3) This chapter continues to apply in relation to the person’s working with children clearance while it is in force. (4) If the chief executive is aware the person is a police officer or registered teacher and, under part 5A or part 7, division 1, the chief executive is required or permitted to issue a working with children clearance to the person, the chief executive must instead issue a working with children exemption to the person. s 247 ins 2010 No. 5s 58 amd 2014 No. 28s 55; 2019 No. 18s 86(1)sch 1; 2024 No. 50s 140sch 1 Part 5 ch 8 pt 5 hdg ins 2010 No. 5s 58 sub 2019 No. 18s 39 om 2024 No. 50s 57 Division 1 ch 8 pt 5 div 1 hdg ins 2010 No. 5s 58 om 2019 No. 18s 40 248 s 248 ins 2010 No. 5s 58 om 2019 No. 18s 40 249 s 249 ins 2010 No. 5s 58 amd 2010 No. 33s 103; 2014 No. 28s 55 om 2019 No. 18s 40 Division 2 ch 8 pt 5 div 2 hdg ins 2010 No. 5s 58 om 2019 No. 18s 40 250 s 250 ins 2010 No. 5s 58 om 2019 No. 18s 40 251 s 251 ins 2010 No. 5s 58 amd 2014 No. 28s 55 om 2019 No. 18s 40 Division 3 ch 8 pt 5 div 3 hdg ins 2010 No. 5s 58 om 2019 No. 18s 40 252 s 252 ins 2010 No. 5s 58 om 2019 No. 18s 40 253 s 253 ins 2010 No. 5s 58 om 2019 No. 18s 40 254 s 254 ins 2010 No. 5s 58 amd 2014 No. 28s 55 om 2019 No. 18s 40 255 s 255 ins 2010 No. 5s 58 amd 2014 No. 28s 55 om 2019 No. 18s 40 256 s 256 ins 2010 No. 5s 58 amd 2014 No. 28s 55 om 2019 No. 18s 40 Division 4 ch 8 pt 5 div 4 hdg ins 2010 No. 5s 58 om 2019 No. 18s 40 257 s 257 ins 2010 No. 5s 58 om 2019 No. 18s 40 258 s 258 ins 2010 No. 5s 58 om 2019 No. 18s 40 Division 5 ch 8 pt 5 div 5 hdg ins 2010 No. 5s 58 om 2019 No. 18s 40 259 s 259 ins 2010 No. 5s 58 om 2019 No. 18s 40 Division 6 ch 8 pt 5 div 6 hdg ins 2010 No. 5s 58 om 2019 No. 18s 40 260 s 260 ins 2010 No. 5s 58 amd 2014 No. 28s 55 om 2019 No. 18s 40 261 s 261 ins 2010 No. 5s 58 amd 2010 No. 33s 104 om 2019 No. 18s 40 262 s 262 ins 2010 No. 5s 58 amd 2014 No. 28s 55 om 2019 No. 18s 40 263 s 263 ins 2010 No. 5s 58 amd 2014 No. 28s 55 om 2019 No. 18s 40 264 s 264 ins 2010 No. 5s 58 amd 2014 No. 28s 55 om 2019 No. 18s 40 265 s 265 ins 2010 No. 5s 58 amd 2014 No. 28s 55 om 2019 No. 18s 40 266 s 266 ins 2010 No. 5s 58 amd 2014 No. 28s 55 om 2019 No. 18s 40 267 s 267 ins 2010 No. 5s 58 amd 2014 No. 28s 55 om 2019 No. 18s 40 268 s 268 ins 2010 No. 5s 58 amd 2014 No. 28s 55 om 2019 No. 18s 40 269 s 269 ins 2010 No. 5s 58 amd 2014 No. 28s 55; 2019 No. 18s 39A om 2019 No. 18s 40 270 s 270 ins 2010 No. 5s 58 amd 2014 No. 28s 55 om 2019 No. 18s 40 271 s 271 ins 2010 No. 5s 58 amd 2014 No. 28s 55 om 2019 No. 18s 40 Division 7 ch 8 pt 5 div 7 hdg ins 2010 No. 5s 58 om 2019 No. 18s 40 272 s 272 ins 2010 No. 5s 58 amd 2014 No. 28s 55 om 2019 No. 18s 40 273 s 273 ins 2010 No. 5s 58 amd 2010 No. 33s 105 om 2019 No. 18s 40 274 s 274 ins 2010 No. 5s 58 amd 2014 No. 28s 55 om 2019 No. 18s 40 275 s 275 ins 2010 No. 5s 58 om 2019 No. 18s 40 276 s 276 ins 2010 No. 5s 58 amd 2014 No. 28s 55 om 2019 No. 18s 40 277 s 277 ins 2010 No. 5s 58 amd 2014 No. 28s 55 om 2019 No. 18s 40 278 s 278 ins 2010 No. 5s 58 amd 2014 No. 28s 55 om 2019 No. 18s 40 279 s 279 ins 2010 No. 5s 58 amd 2014 No. 28s 55; 2019 No. 18s 39B om 2019 No. 18s 40 280 s 280 ins 2010 No. 5s 58 amd 2014 No. 28s 55 om 2019 No. 18s 40 Division 8 ch 8 pt 5 div 8 hdg ins 2010 No. 5s 58 amd 2019 No. 18s 41 om 2024 No. 50s 57 281 s 281 ins 2010 No. 5s 58 sub 2019 No. 18s 42 om 2024 No. 50s 57 282 s 282 ins 2010 No. 5s 58 amd 2014 No. 28s 55 sub 2019 No. 18s 42 om 2024 No. 50s 57 283 s 283 ins 2010 No. 5s 58 amd 2014 No. 28s 55; 2019 No. 18s 86(1)sch 1; 2020 No. 39s 47; 2022 No. 7ss 82, 108 om 2024 No. 50s 57 284 s 284 ins 2010 No. 5s 58 amd 2014 No. 28s 55; 2019 No. 18s 86(1)sch 1; 2020 No. 39s 48; 2022 No. 7ss 83, 109 om 2024 No. 50s 57 285 s 285 ins 2010 No. 5s 58 amd 2014 No. 28s 55 sub 2019 No. 18s 43 om 2024 No. 50s 57 286 s 286 ins 2010 No. 5s 58 amd 2014 No. 28ss 55, 56; 2019 No. 18s 86(1)sch 1 om 2024 No. 50s 57 287 s 287 ins 2010 No. 5s 58 amd 2014 No. 28ss 55, 56; 2019 No. 18s 86(1)sch 1 om 2024 No. 50s 57 288 s 288 ins 2010 No. 5s 58 amd 2014 No. 28s 55 sub 2019 No. 18s 44 om 2024 No. 50s 57 289 s 289 ins 2010 No. 5s 58 sub 2019 No. 18s 44; 2020 No. 39s 49 amd 2022 No. 7s 84 om 2024 No. 50s 57 289A s 289A ins 2020 No. 39s 49 om 2024 No. 50s 57 Division 9 ch 8 pt 5 div 9 hdg ins 2010 No. 5s 58 amd 2019 No. 18s 45 om 2024 No. 50s 57 290 s 290 ins 2010 No. 5s 58 amd 2014 No. 28s 55 sub 2019 No. 18s 46 om 2024 No. 50s 57 290A s 290A ins 2019 No. 18s 46 amd 2020 No. 39s 70sch 1 om 2024 No. 50s 57 291 s 291 ins 2010 No. 5s 58 amd 2014 No. 28ss 55, 56; 2019 No. 18s 86(1)sch 1 om 2024 No. 50s 57 292 s 292 ins 2010 No. 5s 58 amd 2014 No. 28s 55; 2019 No. 18s 86(1)sch 1 om 2024 No. 50s 57 293 s 293 ins 2010 No. 5s 58 amd 2014 No. 28ss 55, 59; 2019 No. 18s 86(1)sch 1; 2022 No. 34s 365sch 3 om 2024 No. 50s 57 Division 10 ch 8 pt 5 div 10 hdg ins 2010 No. 5s 58 om 2019 No. 18s 47 Division 11 ch 8 pt 5 div 11 hdg ins 2010 No. 5s 58 om 2019 No. 18s 47 Part 5A Suspension or cancellation of working with children authority ch 8 pt 5A hdg ins 2019 No. 18s 48 Division 1 Preliminary ch 8 pt 5A div 1 hdg ins 2019 No. 18s 48 294 Chief executive’s decisions under this part (1) This section applies if a provision of this part requires the chief executive to decide—

(a) whether to cancel a person’s working with children authority or negative notice; or

(b) whether it is appropriate to issue a working with children authority or negative notice to a person; or

(c) whether to cancel a person’s suspended working with children authority or end the suspension of a person’s working with children authority.

(2) The chief executive must decide the matter as if it were a decision about a working with children check application and, for that purpose, part 4, division 9 applies. (3) Part 4, division 9 applies to the matter as if—

(a) a reference in the division to approving an application for a working with children authority were a reference to deciding—

(i) it is appropriate to issue a working with children authority to a person; or

(ii) it is not appropriate to issue a negative notice to a person; or

(iii) not to cancel a person’s working with children authority; or

(iv) to cancel a person’s negative notice; or

(v) to end the suspension of a person’s working with children authority; and

(b) a reference in the division to refusing an application for a working with children authority were a reference to deciding—

(i) it is appropriate to issue a negative notice to a person; or

(ii) it is not appropriate to issue a working with children authority to a person; or

(iii) not to cancel a person’s negative notice; or

(iv) to cancel a person’s working with children authority.

s 294 prev s 294 ins 2010 No. 5s 58 amd 2014 No. 28ss 55, 56 om 2019 No. 18s 47 pres s 294 ins 2019 No. 18s 48 amd 2024 No. 50s 58 Division 2 Suspension of working with children authority ch 8 pt 5A div 2 hdg ins 2019 No. 18s 48 295 Application of division (1) This division applies if—

(a) a person who holds a working with children authority is charged with a prescribed offence; or

(b) a registered teacher holds a working with children clearance and the teacher’s teacher registration is suspended under the Education (Queensland College of Teachers) Act 2005, section 49; or

(c) a person who holds a working with children authority also holds an interstate working with children authority and the person’s interstate working with children authority is suspended under a corresponding WWC law; or

(d) a person holds a working with children authority and an interstate interim bar is imposed on the person.

(2) This division also applies if—

(a) the chief executive becomes aware of assessable information about a person who holds a working with children authority that—

(i) was not known to the chief executive when the chief executive decided to issue the authority; and

(ii) the chief executive reasonably believes is relevant to deciding whether the person would pose a risk to the safety of children if the person continues to hold the authority, taking into account the reasonable person test in section 233 and the matters in section 234; and

(b) the chief executive considers that if the person were permitted to engage in, or continue to engage in, regulated employment or carry on a regulated business pending the determination of the person’s continuing eligibility to hold an authority, the person would pose a risk to the safety of children.

(3) For subsection (1), a prescribed offence is—

(a) an offence against a provision of an Act mentioned in schedule 2 or 4, column 1, subject to any qualification mentioned in column 3 opposite the provision; or

(b) an offence of counselling or procuring the commission of an offence of a kind mentioned in paragraph (a); or

(d) an offence that has, as an element, an intention to commit an offence of a kind mentioned in paragraph (a); or

(e) an offence that, at the time it was committed, or is alleged to have been committed, was an offence of a kind mentioned in paragraph (a); or

(f) another offence that is a reportable offence under the Offender Reporting Act that is not otherwise a prescribed offence; or

(g) an offence under a law of another jurisdiction that, if it had been committed in Queensland, would have constituted an offence mentioned in paragraph (a) to (f).

(4) For subsection (3), it is immaterial if a provision mentioned in schedule 2 or 4, column 1 for an Act has been amended from time to time or that the provision was previously numbered with a different number. s 295 prev s 295 ins 2010 No. 5s 58 amd 2014 No. 28ss 55, 56 om 2019 No. 18s 47 pres s 295 ins 2019 No. 18s 48 amd 2020 No. 39s 70sch 1; 2022 No. 7s 85 sub 2022 No. 7s 110 amd 2024 No. 50s 59; 2025 No. 20s 16 296 Chief executive must suspend authority (1) The chief executive must suspend the person’s working with children authority by giving the person a written notice (a suspension notice) about the suspension. (2) The suspension notice must state—

(a) the person’s working with children authority is suspended; and

(b) the reason for the suspension; and

(d) the effect of the suspension; and

(e) the person must return the person’s working with children card to the chief executive immediately after the notice is given, unless the person has a reasonable excuse; and Note— See section 304O for the requirement for a person whose working with children authority is suspended to return the person’s working with children card to the chief executive.

(f) the relevant review and appeal information.

s 296 prev s 296 ins 2010 No. 5s 58 amd 2014 No. 28ss 55, 56 om 2019 No. 18s 47 pres s 296 ins 2019 No. 18s 48 297 Notifiable persons and potential employers notified about suspension (1) The chief executive must give each notifiable person for the person a written notice that states—

(a) the person’s working with children authority is suspended; and

(b) how long the suspension will continue; and

(d) it is an offence for an employer to allow the person to perform work that is regulated employment or restricted employment while the authority is suspended; and

(e) the person’s employer must not terminate the person’s employment solely or mainly because the authority is suspended.

Note— See also sections 342 and 343 for the chief executive’s obligation to notify other persons about the suspension of a person’s working with children authority. (2) Also, the chief executive may give a notice mentioned in subsection (1) to a potential employer of the person. s 297 prev s 297 ins 2010 No. 5s 58 amd 2014 No. 28s 55 om 2019 No. 18s 47 pres s 297 ins 2019 No. 18s 48 amd 2020 No. 39s 70sch 1; 2024 No. 50s 60 298 Effect of suspension of working with children authority (1) This section applies while the person’s working with children authority is suspended. Note— See also chapter 7, part 4, division 4 for the effect of the suspension of a person’s working with children authority in relation to restricted employment. (2) The person must not—

(a) start employment in regulated employment; or

(b) if the person is employed in regulated employment—perform work that is regulated employment; or

Maximum penalty—500 penalty units or 5 years imprisonment. (3) A person’s employer or potential employer who is given a notice about the suspension must not allow the person to perform work that is regulated employment. Maximum penalty—200 penalty units or 2 years imprisonment. (4) A person’s employer or potential employer who is given a notice about the suspension must not terminate the person’s employment solely or mainly because the person’s working with children authority is suspended. Note— See also section 356(4). (5) The working with children authority remains in force even if it would otherwise expire under section 238(1) or 239(1). s 298 prev s 298 ins 2010 No. 5s 58 amd 2014 No. 28s 55; 2019 No. 18s 46A om 2019 No. 18s 47 pres s 298 ins 2019 No. 18s 48 amd 2020 No. 39s 70sch 1; 2024 No. 50s 61 299 When suspension of authority ends The suspension of the person’s working with children authority ends if—

(a) the chief executive decides to cancel the authority under section 300; or

(b) the suspension ends under section 302; or

(d) for a working with children exemption—the term of the person’s exemption ends under section 350A because the person stops being a police officer or registered teacher. Note— See section 300(4) to (6) for when a person’s authority continues to be suspended.

s 299 prev s 299 ins 2010 No. 5s 58 amd 2014 No. 28ss 55, 56; 2019 No. 18s 46B om 2019 No. 18s 47 pres s 299 ins 2019 No. 18s 48 amd 2022 No. 7s 86; 2024 No. 50s 62 300 Deciding whether to cancel, end or continue suspension of authority (1) The chief executive may decide to—

(a) cancel a person’s working with children authority; or

(b) end the suspension of a person’s working with children authority; or

(2) The chief executive may make a decision under subsection (1)—

(a) on the chief executive’s own initiative; or

(b) on the application of a person under section 300A.

(3) The chief executive must not make a decision under subsection (1) if the chief executive is required to cancel the person’s working with children authority under section 303 or 303A. (4) The chief executive is not required to decide a person’s application under section 300A—

(a) while the person is subject to a charge for an offence that has not been dealt with; or

(b) if the person has been convicted of an offence and either—

(i) the period allowed for an appeal relating to the person’s conviction or sentence has not ended; or

(ii) an appeal relating to the conviction or sentence has started but has not been decided; or

(c) if the person is a registered teacher—while the person’s teacher registration is suspended under the Education (Queensland College of Teachers) Act 2005, section 49; or

(d) if the person holds an interstate working with children authority—while the person’s authority is suspended under a corresponding WWC law; or

(e) if the person is an applicant for an interstate working with children check application—while the person is subject to an interstate interim bar in relation to the application.

(5) If the chief executive does not decide the application under subsection (4), the person’s authority continues to be suspended. (6) If subsection (5) applies, the chief executive must give the person a notice that states the reasons for the continued suspension of the person’s authority. s 300 prev s 300 ins 2010 No. 5s 58 amd 2014 No. 28s 55 om 2019 No. 18s 47 pres s 300 ins 2019 No. 18s 48 amd 2020 No. 39s 70sch 1; 2022 No. 7s 111 sub 2024 No. 50s 63 300A Application to chief executive to end suspension of authority (1) If a person’s working with children authority has been suspended for at least 6 months, the person may apply to the chief executive to end the suspension of the authority. (2) The application must be made—

(a) in the approved form; and

(b) in an approved way.

s 300A ins 2024 No. 50s 63 301 Chief executive decides to cancel suspended authority (1) If the chief executive decides to cancel the person’s working with children authority under section 300, the chief executive must—

(a) cancel the authority; and

(b) issue a negative notice to the person; and

(i) the decision and reasons for the decision; and

(ii) if the person has not returned the person’s working with children card to the chief executive—the person must return the person’s card to the chief executive immediately, unless the person has a reasonable excuse; and Note— See section 304P for the requirement for a person whose working with children authority is cancelled to return the person’s working with children card to the chief executive.

(iii) the relevant review and appeal information; and

(iv) unless the person is a disqualified person, the circumstances in which the person may apply under section 304G for the negative notice to be cancelled; and

(d) give each notifiable person for the person a written notice that states—

(i) the person’s authority has been cancelled; and

(ii) the person has been issued a negative notice; and

(iii) it is an offence for an employer to employ or continue to employ the person in regulated employment or restricted employment.

Note— See sections 342 and 343 for the chief executive’s obligation to notify other persons about the cancellation of a person’s working with children authority. (2) Also, the chief executive may give a notice mentioned in subsection (1)(d) to a potential employer of the person. s 301 prev s 301 ins 2010 No. 5s 58 amd 2014 No. 28s 55 om 2019 No. 18s 47 pres s 301 ins 2019 No. 18s 48 amd 2020 No. 39s 70sch 1; 2024 No. 50s 64 302 Chief executive decides to end suspension of authority (1) This section applies if the chief executive decides to end the suspension of the person’s working with children authority under section 300. (2) The suspension of the person’s working with children authority ends. (3) The chief executive must—

(a) give a written notice that states the suspension of the person’s authority has ended to—

(i) the person; and

(ii) each notifiable person for the person; and

(iii) each potential employer for the person who was given a notice about the suspension under section 297; and

(b) if the chief executive has the person’s working with children card and the person’s authority did not expire while the authority was suspended—return the person’s working with children card to the person; and

(c) if section 246J applied in relation to the person’s working with children application—give the advice mentioned in that section to the other executive.

Note— See also sections 342 and 343 for the chief executive’s obligation to notify other persons when the suspension of a person’s working with children authority ends. s 302 prev s 302 ins 2010 No. 5s 58 amd 2014 No. 28s 55 om 2019 No. 18s 47 pres s 302 ins 2019 No. 18s 48 amd 2020 No. 39s 70sch 1; 2024 No. 50ss 65, 140sch 1 Division 3 Cancelling working with children authority by chief executive ch 8 pt 5A div 3 hdg ins 2019 No. 18s 48 amd 2022 No. 7s 112 303 Cancelling authority if disqualified person (1) This section applies—

(a) if a person who holds a working with children authority becomes a disqualified person; and

(b) whether or not the person’s authority is suspended under section 296.

(2) Also, this section applies if—

(a) the chief executive becomes aware that a person who holds a working with children authority was convicted of a disqualifying offence prior to the issue of the authority; and

(b) the chief executive was not aware of the person’s conviction for the disqualifying offence at the time the authority was issued.

(3) The chief executive must cancel the working with children authority. s 303 prev s 303 ins 2010 No. 5s 58 amd 2014 No. 28s 55 om 2019 No. 18s 47 pres s 303 ins 2019 No. 18s 48 amd 2024 No. 50s 66 303A Cancelling authority if adverse interstate WWC decision (1) The chief executive must cancel a person’s working with children authority if—

(a) an interstate working with children check application made by the person is refused under a corresponding WWC law; or

(b) the person is issued an interstate negative notice; or

(2) This section applies whether or not the person’s working with children authority is suspended under section 296. s 303A ins 2022 No. 7s 113 304 Cancelling authority issued because of wrong or incomplete information (1) The chief executive may cancel a person’s working with children authority if the chief executive is satisfied—

(a) the decision to issue the authority was based on wrong or incomplete information; and

(b) having considered the correct or complete information, it is appropriate to issue a negative notice to the person. Note— See section 294 for how the chief executive is required to decide whether it is appropriate to issue a negative notice to the person.

(2) However, if the chief executive gives a notice under section 235 requesting submissions from the person but is not satisfied the person received the notice, the chief executive may cancel the person’s authority without issuing a negative notice to the person. Examples for subsection (2)—

1 The chief executive sent a notice under section 235 by post to the address of the place of residence of the person last known to the chief executive, but the notice is returned to the chief executive because the person no longer lives at the address.

2 The chief executive gave a notice under section 235 and did not receive a response to the notice. The chief executive then tried to contact the applicant by phone or email and was not successful.

s 304 prev s 304 ins 2010 No. 5s 58 amd 2014 No. 28s 55 om 2019 No. 18s 47 pres s 304 ins 2019 No. 18s 48 amd 2024 No. 50s 67 304A Cancelling authority because of subsequent information (1) This section applies if, after the chief executive decides to issue a working with children authority to a person, the chief executive becomes aware of information (further information) that is—

(a) disciplinary information or adverse interstate WWC information, or information received under part 6, division 2, 3 or 4, about the person that was not known to the chief executive when the decision was made; or

(b) other information about the person that the chief executive reasonably believes is relevant to deciding whether it would pose a risk to the safety of children if the person were to continue to hold the authority; or

(c) a decision about the person made by a court or tribunal after the authority was issued, including the reasons for the decision.

(2) However, this section does not apply if the chief executive is required to suspend the person’s working with children authority under section 296 because of the further information. (3) The chief executive may cancel the person’s working with children authority if, after considering the further information, the chief executive is satisfied it is appropriate to issue a negative notice to the person. Note— See section 294 for how the chief executive is required to decide whether it is appropriate to issue a negative notice to the person. (4) However, if the chief executive gives a notice under section 235 requesting submissions from the person but is not satisfied the person received the notice, the chief executive may cancel the person’s authority without issuing a negative notice to the person. Examples for subsection (4)—

2 The chief executive gave a notice under section 235 and did not receive a response to the notice. The chief executive then tried to contact the applicant by phone or email and was not successful.

s 304A ins 2019 No. 18s 48 amd 2020 No. 39s 50; 2022 No. 7s 114; 2024 No. 50s 68 304B Action after decision (1) If the chief executive is required, or decides, to cancel a person’s working with children authority under this division, the chief executive must—

(a) cancel the person’s authority; and

(b) if the authority is cancelled under section 303, 304(1) or 304A(3)—issue a negative notice to the person.

(2) If the person’s working with children authority is cancelled under section 303, 304(1) or 304A(3), the chief executive must give the person a written notice that states—

(a) the decision to cancel the authority and issue the negative notice; and

(b) the reasons for the decision; and

(c) the person must return the person’s working with children card to the chief executive immediately, unless the person has a reasonable excuse; and Note— See section 304P for the requirement for a person whose working with children authority is cancelled to return the person’s working with children card to the chief executive.

(d) the relevant review and appeal information; and

(e) unless the person is a disqualified person, the circumstances in which the person may apply under section 304G for the negative notice to be cancelled.

(3) If the person’s working with children authority is cancelled under section 303A, the chief executive must give the person a notice that states—

(a) the person’s working with children authority is cancelled because of the adverse interstate WWC decision mentioned in section 303A made about the person; and

(b) the person must return the person’s working with children card to the chief executive immediately, unless the person has a reasonable excuse; and Note— See section 304P for the requirement for a person whose working with children authority is cancelled to return the person’s working with children card to the chief executive.

(4) If the chief executive’s decision under section 304 or 304A is not to cancel the person’s authority, the person’s authority continues in force, subject to section 238(1) or 239(1). s 304B ins 2019 No. 18s 48 amd 2022 No. 7s 115; 2024 No. 50s 69; 2025 No. 20s 17 304C Notifiable persons and potential employers notified about cancellation (1) If the chief executive cancels a person’s working with children authority under this division, the chief executive must give each notifiable person for the person a written notice that states—

(a) the person’s authority has been cancelled; and

(b) if the person’s authority is cancelled under section 303, 304(1) or 304A(3)—the person has been issued a negative notice; and

Note— See sections 342 and 343 for the chief executive’s obligation to notify other persons about the cancellation of a person’s working with children authority. (2) If the person’s working with children authority was cancelled under section 303, a notice given to the chief executive (child safety) under subsection (1) must state that the person’s authority was cancelled, and a negative notice was issued to the person, under that section. (2A) If the person’s working with children authority was cancelled under section 303A, 304(2) or 304A(4), a notice given to each notifiable person or potential employer must state—

(a) that the person’s authority was cancelled; and

(b) the section the authority was cancelled under.

(3) Also, the chief executive may give a notice mentioned in subsection (1) to a potential employer of the person. s 304C ins 2019 No. 18s 48 amd 2020 No. 39s 70sch 1; 2022 No. 7s 116; 2024 No. 50s 70; 2025 No. 20s 18 Division 4 Cancelling working with children authority on holder’s request ch 8 pt 5A div 4 hdg ins 2019 No. 18s 48 304D Request to cancel working with children authority (1) A person may ask the chief executive to cancel the person’s working with children authority. (2) The person may make the request even if the person’s working with children authority is suspended under section 296. (3) The request may be made orally or in writing. s 304D ins 2019 No. 18s 48 amd 2024 No. 50s 71 304E Cancellation of working with children authority After receiving the request, the chief executive must—

(a) cancel the person’s working with children authority; and

(b) give the person a written notice that states—

(i) the authority has been cancelled; and

(ii) the person must return the person’s working with children card to the chief executive immediately, unless the person has a reasonable excuse; and Note— See section 304P for the requirement for a person whose working with children authority is cancelled to return the person’s working with children card to the chief executive.

(iii) it is an offence for the person to perform work that is regulated employment, other than as allowed under section 176A or 176E; and

(iv) it is an offence for the person to carry on a regulated business, other than as allowed under section 176B or 176G.

s 304E ins 2019 No. 18s 48 304F Notifiable persons and potential employers notified about cancellation (1) The chief executive must give a written notice to each notifiable person for the person that states—

(a) the person’s working with children authority has been cancelled on the person’s request; and

(b) it is an offence for an employer to employ, or continue to employ, the person in regulated employment other than as allowed under section 175 or 176C.

Note— See sections 342 and 343 for the chief executive’s obligation to notify other persons about the cancellation of a person’s working with children authority. (2) Also, the chief executive may give a potential employer for the person a notice mentioned in subsection (1). s 304F ins 2019 No. 18s 48 amd 2020 No. 39s 70sch 1; 2024 No. 50s 72 Division 5 Cancelling negative notice on holder’s request ch 8 pt 5A div 5 hdg ins 2019 No. 18s 48 304G Application to cancel negative notice (1) This section applies to a person who—

(a) holds a negative notice; and

(b) is not a disqualified person; and

(2) The person may apply to the chief executive to cancel the negative notice if—

(a) the application is made more than 3 years after the notice was issued; or

(b) the decision to issue the notice was based on wrong or incomplete information; or

(c) the negative notice was issued because the person was a disqualified person and the person is no longer a disqualified person.

(3) Subsection (4) applies if the person—

(a) applied to the chief executive to cancel the negative notice and that application has been refused; and

(b) applied under part 7, division 3 for review of that decision and QCAT confirmed the decision.

(4) Despite subsection (2)(a), the person may only apply to the chief executive to cancel the negative notice if the application is made more than 3 years after the date QCAT confirmed the decision. s 304G ins 2019 No. 18s 48 amd 2022 No. 7s 117; 2024 No. 50s 73 304H Form of application (1) The application must be—

(a) in the approved form; and

(b) made in an approved way; and

(d) if the person is not a police officer or registered teacher—accompanied by the prescribed fee for the application.

(2) The person may state anything in the application that the person considers is relevant to the chief executive’s decision, including, for example, a change in the person’s circumstances since the negative notice was issued. s 304H ins 2019 No. 18s 48 304HA Chief executive may request further information (1) The chief executive may give a person who applies to cancel a negative notice a notice asking the person to give the chief executive, within a reasonable stated time—

(a) stated information that the chief executive reasonably needs to establish the person’s identity; or

(b) stated information, including by way of a submission, about a stated matter that the chief executive reasonably believes is relevant to the application.

(2) The notice must state that, if the person does not comply with the request within the stated time, the person’s application will be withdrawn. s 304HA ins 2024 No. 50s 74 304HB Withdrawal by chief executive—failure to comply with particular requests The chief executive must withdraw an application if—

(a) the chief executive gives a person a notice under section 304HA asking the person to provide stated information; and

(b) the notice includes a statement that, if the person does not comply with the request, the application will be withdrawn; and

s 304HB ins 2024 No. 50s 74 304I Deciding application (1) If the chief executive decides to cancel the person’s negative notice, the chief executive must—

(a) cancel the negative notice; and

(b) give the person a notice about the cancellation.

Note— See section 294 for how the chief executive is required to decide an application to cancel a person’s negative notice. (2) If the chief executive decides not to cancel the person’s negative notice, the chief executive must give the person a written notice that states—

(a) the application has been refused and the person’s negative notice continues in effect subject to section 240; and

(b) the reasons for the chief executive’s decision to refuse the application; and

s 304I ins 2019 No. 18s 48 amd 2020 No. 39s 70sch 1; 2024 No. 50s 75 Division 6 Other cancellation of negative notice ch 8 pt 5A div 6 hdg ins 2019 No. 18s 48 304J Chief executive may act on own initiative or application The chief executive may decide to—

(a) act under this division on the chief executive’s own initiative; or

(b) if a person applies to cancel the person’s negative notice under section 304G—act under section 304K or 304L instead of cancelling the person’s negative notice under section 304G.

s 304J ins 2019 No. 18s 48 304K No longer disqualified person (1) The chief executive may cancel a person’s negative notice if the chief executive is satisfied—

(a) the negative notice was issued because the person was a disqualified person; and

(b) the person is no longer a disqualified person.

(2) If the chief executive decides to cancel the person’s negative notice, the chief executive may decide to substitute a working with children authority if the chief executive is satisfied it is appropriate to issue the authority to the person. Note— See section 294 for how the chief executive is required to decide whether it is appropriate to issue a working with children authority to a person. s 304K ins 2019 No. 18s 48 amd 2024 No. 50s 76 304L Negative notice issued because of wrong or incomplete information The chief executive may cancel a person’s negative notice and substitute a working with children authority if the chief executive is satisfied—

(a) the decision to issue the negative notice was based on wrong or incomplete information; and

(b) having considered the correct or complete information, it is appropriate to issue a working with children authority to the person. Note— See section 294 for how the chief executive is required to decide whether it is appropriate to issue a working with children authority to a person.

s 304L ins 2019 No. 18s 48 304M Subsequent information The chief executive may cancel a person’s negative notice and substitute a working with children authority if—

(a) the chief executive becomes aware of information that was not known to the chief executive when the decision to issue the notice was made; and

(b) after considering the further information, the chief executive is satisfied it is appropriate to issue a working with children authority to the person. Note— See section 294 for how the chief executive is required to decide whether it is appropriate to issue a working with children authority to a person.

s 304M ins 2019 No. 18s 48 304N Action after making decision (1) If the chief executive decides to cancel a person’s negative notice under this division, the chief executive must—

(a) cancel the negative notice; and

(b) give the person a notice about the cancellation.

(2) If the chief executive decides under this division to substitute a working with children authority for a person’s cancelled negative notice, the chief executive must issue to the person—

(a) if the person is a police officer or registered teacher—a working with children exemption; or

(b) otherwise—a working with children clearance.

(3) If the chief executive decides to refuse an application mentioned in section 304J(b), the chief executive must give the person a written notice that states—

(a) the application has been refused and the person’s negative notice continues in effect subject to section 240; and

(b) the reasons for the chief executive’s decision to refuse the application; and

s 304N ins 2019 No. 18s 48 amd 2020 No. 39s 70sch 1; 2024 No. 50s 77 Division 7 Return of working with children card ch 8 pt 5A div 7 hdg ins 2019 No. 18s 48 304O Requirement to return suspended card (1) This section applies to a person if the chief executive gives the person a written notice that states the person’s working with children authority is suspended. (2) The person must return the person’s working with children card for the authority to the chief executive immediately after the notice is given to the person, unless the person has a reasonable excuse. Maximum penalty—100 penalty units. s 304O ins 2019 No. 18s 48 304P Requirement to return cancelled card (1) This section applies to a person if the chief executive gives the person a written notice that states the person’s working with children authority is cancelled. (2) The person must give the person’s working with children card for the authority to the chief executive immediately after the chief executive gives the notice, unless the person has a reasonable excuse. Maximum penalty—100 penalty units. s 304P ins 2019 No. 18s 48 Part 6 Provisions about obtaining or dealing with information ch 8 pt 6 hdg ins 2010 No. 5s 58 amd 2019 No. 18s 86(1)sch 1 Division 1 Investigative information ch 8 pt 6 div 1 hdg ins 2010 No. 5s 58 305 Police commissioner may decide that information about a person is investigative information (1) The police commissioner may decide under this section that information about a person (the investigated person) is investigative information if—

(a) there is or was evidence of acts or omissions that, at the time of the acts or omissions, constituted a schedule 6 or 6A offence (the alleged offence) by the investigated person against a person (the complainant); and

(b) the police investigated the alleged offence and the investigated person was formally notified about the investigation, including—

(i) by participating in an interview, or by being asked to participate in an interview, about the alleged offence; or

(ii) by otherwise being given an opportunity to answer allegations about the alleged offence; and

(c) there was sufficient evidence available that was capable of establishing each element of the alleged offence but a decision was made not to charge the investigated person because—

(i) the complainant died before the charge was brought; or

(ii) either or both of the following applied—

(A) the complainant was unwilling to proceed;

(B) an adult who, at the relevant time, was the complainant’s parent or guardian decided that, in the interests of the complainant, the matter should not proceed.

(2) Evidence of acts or omissions includes information from a third party if the complainant did not make a formal complaint at or about the time of the investigation. (3) For this section, a schedule 6 or 6A offence is—

(a) an offence against a provision of an Act mentioned in schedule 6 or 6A, column 1, subject to any qualification relating to the provision mentioned opposite in column 3; or

(b) an offence of counselling or procuring the commission of an offence of a kind mentioned in paragraph (a); or

(d) an offence that has, as an element, intention to commit an offence of a kind mentioned in paragraph (a); or

(e) an offence that, at the time it was committed was an offence of a kind mentioned in paragraph (a); or

(f) an offence under a law of another jurisdiction that, if it had been committed in Queensland, would have constituted an offence mentioned in paragraph (a), (b), (c), (d) or (e).

Note— Column 2 in schedules 6 and 6A is included for information purposes only and states a section heading for the provision mentioned opposite in column 1. (4) For subsection (3), it is immaterial if a provision mentioned in schedule 6 or 6A, column 1, for an Act has been amended from time to time or that the provision was previously numbered with a different number. s 305 ins 2010 No. 5s 58 amd 2013 No. 14s 3 306 Police commissioner not to delegate power under s 305 Despite the Police Service Administration Act 1990, section 4.10, the police commissioner may not delegate the police commissioner’s powers under section 305 other than to a police officer of at least the rank of superintendent. s 306 ins 2010 No. 5s 58 307 Appeal against police commissioner’s decision that information is investigative information (1) This section applies if—

(a) the police commissioner decides that information about a person is investigative information; and

(b) the investigative information is given, under division 2, to the chief executive; and

(c) after the investigative information is given to the chief executive, the person is issued a negative notice, whether or not the negative notice was issued because a working with children authority held by the person was cancelled.

(2) The person may appeal to a Magistrates Court about the police commissioner’s decision mentioned in subsection (1). (3) However, an appeal under subsection (2) may only be made within 28 days after the person is given written notice about the issue of the negative notice. (4) The chief executive and police commissioner must be given a copy of the notice of appeal. (5) QCAT does not have jurisdiction to review a decision of the police commissioner that information about a person is investigative information or that information that is investigative information may be given to the chief executive. s 307 ins 2010 No. 5s 58 amd 2014 No. 28s 55; 2019 No. 18s 86(1)sch 1; 2024 No. 50s 78 308 Court to decide matters afresh (1) A Magistrates Court hearing an appeal under section 307 is to decide afresh whether information given to the chief executive as investigative information about a person is investigative information. (2) A person who is the relevant complainant under section 305 must not be asked or called on by the investigated person under that section to give evidence in person before the court. (3) Subsection (2) does not prevent documentary evidence being tendered and received in evidence by the court. (4) After hearing an appeal under section 307, the court may confirm or set aside the decision and the court must give the appellant notice of the decision. (5) For subsection (4), the court must have regard to the matters the police commissioner was required to have regard to under this Act when the police commissioner made the decision. s 308 ins 2010 No. 5s 58 amd 2014 No. 28s 55 309 Consequence of decision on appeal (1) This section applies if a Magistrates Court hears and decides an appeal against the police commissioner’s decision under section 305 that information given to the chief executive about a person is investigative information. (2) If the court sets aside the decision appealed against, the person may apply under section 304G for the negative notice, issued because of the information, to be cancelled on the grounds the decision to issue the notice was based on wrong information. (3) If the court confirms the decision appealed against—

(a) the person who appealed the decision may apply, within 28 days after receiving the notice under section 308(4) and as otherwise provided under the QCAT Act, to QCAT for a review of a decision of the chief executive if—

(i) the person is not a disqualified person; and

(ii) the decision is a chapter 8 reviewable decision; and

(b) the notice under section 308(4) must state how, and the period within which, the person may apply for the review.

(4) If a person applies under subsection (3)(a) to have a decision reviewed, QCAT may not—

(a) stay the operation of the decision; or

(b) grant an injunction in the proceeding for the review.

s 309 ins 2010 No. 5s 58 amd 2014 No. 28s 55; 2019 No. 18s 86(1)sch 1; 2024 No. 50s 79 Division 2 Obtaining information from police commissioner ch 8 pt 6 div 2 hdg ins 2010 No. 5s 58 310 Application of division This division applies to a person if—

(a) the person holds a working with children authority; or

(b) the person has made a working with children check application that has not been decided or withdrawn; or

(i) the person has purported to make a working with children check application;

(ii) the application has not been properly made, including, for example, because the application was not accompanied by the prescribed fee for the application;

(iii) the application, as made, contains sufficient information for the chief executive to establish the person’s identity with certainty; or

(d) the person has applied, under section 300A, to the chief executive to decide whether or not to cancel the person’s working with children authority that is suspended and the application has not been decided; or

(e) the person has applied, under section 304G, to the chief executive to cancel the person’s negative notice; or

(h) for a person who holds a negative notice—

(i) the person has made an application under section 309(3) or 354 that has not been decided; or

(ii) an appeal to an entity has been made in relation to an application under section 309(3) or 354 and the appeal has not been decided.

s 310 ins 2010 No. 5s 58 amd 2014 No. 28s 55 sub 2019 No. 18s 49 amd 2024 No. 50s 80 311 Chief executive may ask police commissioner for information (1) The chief executive may ask the police commissioner for information, or for access to the police commissioner’s records, to enable the chief executive to learn what, if any, police information exists in relation to the person. (2) For subsection (1), the chief executive’s request may include the following information—

(a) the person’s name and any other name that the chief executive believes the person may use or may have used;

(b) the person’s gender and date and place of birth;

(d) if the person holds a working with children clearance—any number or date related to the person’s clearance or working with children card;

(e) if the person holds a working with children exemption—any number or date related to the person’s exemption or working with children card;

(f) if the request relates to a person employed in regulated employment—whether or not the person carries out the work as a volunteer;

(g) the basis on which the chief executive may request information about the person, including, for example, by referencing the relevant provision of section 310.

(3) If there is police information about the person, the chief executive may ask the police commissioner for—

(a) a brief description of the circumstances of a conviction, charge or investigative information mentioned in the police information; or

(b) a section 93A transcript relating to an offence mentioned in the police information; or

(4) If the chief executive decides that information requested under subsection (1) or (3) about the person is no longer required, the chief executive must tell the police commissioner not to provide the information. s 311 ins 2010 No. 5s 58 amd 2014 No. 28ss 55, 56; 2019 No. 18s 86(1)sch 1; 2022 No. 12s 47 312 Police commissioner to comply with request (1) The police commissioner must comply with a request under section 311(1) or (3) unless the police commissioner is, under section 311(4), told not to provide the information. (2) The police commissioner need not disclose investigative information about a person to the chief executive under this division if the police commissioner is reasonably satisfied that giving the information may do any of the following—

(a) prejudice the investigation of a contravention or possible contravention of the law in a particular case;

(b) enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained;

(c) prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law;

(d) endanger a person’s life or physical safety.

(3) To remove any doubt, it is declared that, despite the Youth Justice Act 1992, part 9, the police commissioner may disclose information to which that part applies to the chief executive for complying with a request under section 311(1) or (3). s 312 ins 2010 No. 5s 58 amd 2014 No. 28s 55; 2024 No. 50s 81 313 Information to be given about disqualified person If the police commissioner gives the chief executive information under section 312 about a person who is or has been a disqualified person, the information must include the following information about the person—

(a) that the person is or has been a disqualified person;

(b) if the person is or has been subject to a disqualification order—the duration and details of the disqualification order;

(i) a brief description of the conduct that gave rise to the order; and

(ii) the duration and details of the order, including whether it is or was a temporary offender prohibition order or a final offender prohibition order.

s 313 ins 2010 No. 5s 58 amd 2014 No. 28s 55; 2024 No. 50s 82 314 Information to be given about person subject of application for disqualification order or offender prohibition order If the police commissioner gives the chief executive information under section 312 about a person who is or has been the subject of an application for a disqualification order, or named as the respondent for an application for an offender prohibition order, and the order was not made, the information must include the following information about the person—

(a) that the person is or has been the subject of an application for a disqualification order or named as the respondent for an application for an offender prohibition order and the order was not made;

(b) the reasons why the application was made;

(d) if the application was for an offender prohibition order and the magistrate or court hearing the application decided not to make an offender prohibition disqualification order for the person—the reasons why the offender prohibition disqualification order was not made.

s 314 ins 2010 No. 5s 58 amd 2014 No. 28s 55; 2017 No. 14s 50sch 1 315 Police commissioner to notify person about investigative information given about the person If the police commissioner gives investigative information about a person to the chief executive under this division, the police commissioner must give notice, in the approved form, to the person that—

(a) the police commissioner has decided that information about the person is investigative information; and

(b) investigative information has been given to the chief executive.

s 315 ins 2010 No. 5s 58 amd 2014 No. 28s 55 315A Chief executive’s request for domestic violence information about person (1) This section applies if the chief executive reasonably believes a domestic violence order may have been made, or a police protection direction or police protection notice may have been issued, against the person. (2) The chief executive may ask the police commissioner for domestic violence information about the person. (3) The police commissioner must comply with a request under subsection (2) by—

(a) giving the chief executive the domestic violence information that exists about the person; or

(b) telling the chief executive there is no domestic violence information about the person.

(4) If there is domestic violence information about the person, the chief executive may ask the police commissioner for a brief description of the circumstances of a domestic violence order, police protection direction or police protection notice mentioned in the domestic violence information. (5) The police commissioner must comply with a request under subsection (4). (6) If the chief executive no longer needs the information requested—

(a) the chief executive must tell the police commissioner the information is no longer needed; and

(b) the police commissioner’s obligation to comply with the chief executive’s request ends.

s 315A ins 2022 No. 7s 87 amd 2024 No. 50s 83; 2025 No. 18s 83sch 1 316 Use of information given to police commissioner (1) Information given to the police commissioner under this division must not be accessed or disclosed for any purpose except for a purpose under this chapter or any other purpose relevant to law enforcement. (2) Information given to the police commissioner under this division must not be used for any purpose except if—

(a) for information other than information about a withdrawal—the use is for a purpose under this chapter or for any other purpose relating to child protection; or

(b) for information about a withdrawal—the use is for a purpose under this chapter.

(3) However, subsections (1) and (2) do not apply to information the police commissioner obtained before the chief executive gave the information to the police commissioner under this section. (4) In this section— withdrawal means withdrawal of any of the following—

(a) a working with children check application;

(b) an application to cancel a negative notice.

s 316 ins 2010 No. 5s 58 amd 2014 No. 28s 55; 2019 No. 18s 86(1)sch 1; 2024 No. 50s 84 317 Notice of change in police information about a person (1) This section applies if, for a person in relation to whom any of the following happens (the relevant event), the police commissioner reasonably suspects the person is a person mentioned in section 310—

(a) the person’s criminal history changes;

(b) the police commissioner decides, under section 305, that information about the person is investigative information (regardless of when the act or omission relevant to the investigative information happened or is alleged to have happened);

(d) the person is named as the respondent for an application for an offender prohibition order.

(2) For a relevant event mentioned in subsection (1)(a) or (b), the police commissioner may notify the chief executive of the following—

(a) that the relevant event has happened;

(b) if subsection (1)(a) applies because the person has been charged with or convicted of an offence—

(i) the offence the person has been charged with or convicted of; and

(ii) the particulars of the offence; and

(iii) the date of the charge or conviction.

(3) For a relevant event mentioned in subsection (1)(c) or (d), the police commissioner must notify the chief executive of the following—

(a) that the relevant event has happened;

(b) if subsection (1)(c) applies because the person has become a disqualified person—the information mentioned in section 313;

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

(a) the person’s name and any other name that the police commissioner believes the person may use or may have used;

(b) the person’s gender and date and place of birth.

(5) The chief executive may confirm the police commissioner’s suspicions under subsection (1). (6) If the person is a person mentioned in section 323(1), the chief executive, on receiving notice under subsection (2) or (3), may write to the person to inform the person about the person’s obligations under section 323(2). Note— Section 323 imposes obligations on particular persons to notify particular entities of changes in police information. (7) For a person who does not have a criminal history, there is taken to be a change in the person’s criminal history if the person acquires a criminal history. (8) To remove any doubt, it is declared that, despite the Youth Justice Act 1992, part 9, the police commissioner may disclose information to which that part applies to the chief executive under this section. s 317 ins 2010 No. 5s 58 amd 2014 No. 28s 55; 2019 No. 18s 86(1)sch 1; 2024 No. 50s 85 Division 3 Obtaining police information from other State entities ch 8 pt 6 div 3 hdg ins 2010 No. 5s 58 318 Obtaining information from director of public prosecutions (1) This section applies to a person mentioned in section 310. (2) If the chief executive becomes aware that the person has been charged with or convicted of an offence, the chief executive may, by written notice, ask the director of public prosecutions for the following—

(a) a written statement briefly describing the circumstances of a charge or conviction for the offence;

(b) a copy or written summary of evidentiary material about the offence;

(c) if a charge for the offence was not proceeded with—a written summary of the reasons why the charge was not proceeded with.

(3) The chief executive’s request may include the following information—

(a) the person’s name and any other name the chief executive believes the person may use or have used;

(b) the person’s gender and date and place of birth.

(4) The director of public prosecutions may comply with a request under subsection (2) if the director reasonably believes the statement, copy or summary may help the chief executive in making an employment-screening decision about the person. (5) However, the director of public prosecutions must not give the chief executive a copy or written summary of evidentiary material about the offence that relates only to a person other than the person about whom the request is made. Example of evidentiary material for subsection (5)— a report by an expert about a person other than the person about whom the request is made. (6) The director of public prosecutions must not give information, or a document containing information, to the chief executive under this section if the director is reasonably satisfied that giving the information may do any of the following—

(a) prejudice the investigation of a contravention or possible contravention of the law in a particular case;

(b) enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained;

(c) prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law;

(d) prejudice a prosecution or another matter before a court;

(e) endanger a person’s life or physical safety.

(7) The giving of information, or a document containing information, under this section by the director of public prosecutions is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information. Note— See sections 384 and 385 for restrictions on disclosing or giving access to information or documents obtained under this Act. (8) Without limiting subsection (7), this section applies despite the Director of Public Prosecutions Act 1984, section 24A. (9) In this section— evidentiary material, about an offence, means material compiled in the course of the investigation or prosecution of the offence, including, for example, the following—

(a) a summary of the circumstances of the alleged offence prepared by a police officer; Examples— bench charge sheet, QP9

(b) a witness statement;

(d) a record of an interview or a transcript of a record of an interview, including a section 93A transcript and a transcript of a recorded statement;

(e) a report by an expert about the person alleged to have committed the offence.

s 318 ins 2010 No. 5s 58 amd 2014 No. 28ss 55, 56; 2022 No. 12s 48 319 Obtaining information from chief executive (corrective services) (1) The chief executive (corrective services) must give the chief executive written notice of each person who is or becomes subject to a sexual offender order. (2) The written notice must state the following—

(a) the person’s name;

(b) that the person is subject to a sexual offender order;

(c) any other information the chief executive (corrective services) reasonably considers is necessary for the chief executive to perform a function or exercise a power under this chapter.

(3) The chief executive (corrective services) and the chief executive may enter into a written arrangement by which written notices are given under subsection (1). (4) Without limiting subsection (3), the arrangement may provide for the written notices to be given electronically. (5) However, if written notices under subsection (1) are to be given electronically and, under an Act, there is a limitation on who may access the information mentioned in the notices or the purposes for which that information may be used, the arrangement must provide for the limitation. (6) The disclosure of information by the chief executive (corrective services) under this section is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information. Note— See sections 384 and 385 for restrictions on disclosing or giving access to information or documents obtained under this Act. (7) In this section— chief executive (corrective services) means the chief executive of the department in which the Corrective Services Act 2006 is administered. s 319 ins 2010 No. 5s 58 amd 2014 No. 28s 55 Division 4 Obtaining information from interstate police commissioner, working with children check national reference system or interstate screening unit ch 8 pt 6 div 4 hdg ins 2010 No. 5s 58 amd 2022 No. 7s 118 320 Requesting further information about interstate convictions and charges (1) This section applies if police information about a person obtained under division 2 includes—

(a) a conviction of the person for an offence in another State, including an interstate spent conviction of the person; or

(b) an interstate charge against the person.

(2) The chief executive may ask an interstate police commissioner for a brief description of the circumstances of the conviction or charge. (3) The chief executive’s request may include the following information—

(a) the person’s name and any other name the chief executive believes the person may use or have used;

(b) the person’s gender and date and place of birth.

(4) To remove any doubt, it is declared that this section applies in relation to—

(a) a conviction of a person whether the conviction happened before or after the commencement of this section; and

(b) an interstate charge against a person whether the offence to which the charge relates was committed or alleged to have been committed before or after the commencement of this section.

(5) In this section— interstate charge, made against a person, means a charge against the person for an offence alleged to have been committed by the person against a law of another State or the Commonwealth. interstate police commissioner means the commissioner of a police force or service of another State or the Commonwealth. interstate rehabilitation law means a law applying, or that applied, in another State or the Commonwealth, that provides, or provided, for the same matter as the Criminal Law (Rehabilitation of Offenders) Act 1986. interstate spent conviction, of a person, means a conviction for an offence committed by the person against a law of another State or the Commonwealth that the person is not required to disclose under an interstate rehabilitation law because—

(a) a rehabilitation period prescribed under that law for the conviction has expired; and

(b) the conviction has not been revived under that law.

s 320 ins 2010 No. 5s 58 amd 2014 No. 28ss 55, 56 320A Obtaining information from working with children check national reference system The chief executive may access the working with children check national reference system to obtain information about a person mentioned in section 310 if—

(a) the chief executive accesses the system and obtains the information under an arrangement between the chief executive and the ACC; and

(b) the information is relevant to the performance of the chief executive’s screening functions in relation to the person.

s 320A ins 2022 No. 7s 119 320B Requesting information from other interstate screening units (1) This section applies if the chief executive reasonably believes an interstate screening unit has information about a person mentioned in section 310 that is relevant to the performance of the chief executive’s screening functions in relation to the person. (2) The chief executive may ask the interstate screening unit for the information. (3) The chief executive’s request may include the following information—

(a) the person’s name and any other name the chief executive believes the person may use or have used;

(b) the person’s gender and date and place of birth.

s 320B ins 2022 No. 7s 119 Division 5 Changes in information or status ch 8 pt 6 div 5 hdg ins 2010 No. 5s 58 Subdivision 1 Police information and serious offences ch 8 pt 6 div 5 sdiv 1 hdg ins 2024 No. 50s 87 321 Acquiring police information For a person in relation to whom police information does not exist, there is taken to be a change in the person’s police information if the person acquires police information. s 321 ins 2010 No. 5s 58 322 s 322 ins 2010 No. 5s 58 amd 2014 No. 28ss 55, 56; 2019 No. 18s 86(1)sch 1 om 2024 No. 50s 86 323 Notice of change in police information (1) This section applies—

(a) to a person who—

(i) holds a working with children authority; or

(ii) has made a working with children check application; and

(b) if the person becomes aware that the police information about the person has changed.

(2) The person must immediately give a notice that complies with subsection (3) about the change to the chief executive. Maximum penalty—100 penalty units. (3) The notice given to the chief executive under subsection (2) must—

(a) be given in the approved form and in an approved way; and

(b) if the person is employed in regulated employment—include information about the employment.

s 323 ins 2010 No. 5s 58 amd 2014 No. 28s 55 sub 2019 No. 18s 50 324 s 324 ins 2010 No. 5s 58 amd 2014 No. 28s 55 om 2019 No. 18s 51 325 s 325 ins 2010 No. 5s 58 amd 2014 No. 28s 55 om 2019 No. 18s 51 Subdivision 2 Ceasing to be police officer or registered teacher ch 8 pt 6 div 5 sdiv 2 hdg ins 2024 No. 50s 88 326 Police commissioner to advise chief executive if person ceases to be police officer (1) This section applies if—

(a) the police commissioner is aware that—

(i) the person has made a working with children check (exemption) application; or

(ii) the person holds a working with children exemption; and

(b) the person has ceased to be a police officer.

(2) The police commissioner must notify the chief executive that the person is no longer a police officer. s 326 ins 2010 No. 5s 58 amd 2014 No. 28s 55; 2019 No. 18s 86(1)sch 1 327 Effect of person ceasing to be police officer (1) This section applies to a person who is a police officer employed in regulated employment if the person ceases to be a police officer. (2) The person must immediately notify the person’s employer in relation to the regulated employment of the person ceasing to be a police officer. Maximum penalty—10 penalty units. Note— See chapter 7, part 4, division 2 for offences about the employment of a person who is not a police officer or registered teacher in regulated employment. (3) To remove any doubt, it is declared that—

(a) it is not a requirement of subsection (2) that the person give the person’s employer any information about the circumstances of the person ceasing to be a police officer other than that it has happened; and

(b) unless otherwise required under this chapter, it is not a requirement that the employer stop employing the person on receiving the notification.

s 327 ins 2010 No. 5s 58 amd 2019 No. 18s 86(1)sch 1 328 Effect of person ceasing to be registered teacher (1) This section applies to a person who is a registered teacher employed in regulated employment if the person surrenders the person’s registration under the Education (Queensland College of Teachers) Act 2005, section 59. (2) The person must immediately notify the person’s employer in relation to the regulated employment of the surrender. Maximum penalty—10 penalty units. Note— See chapter 7, part 4, division 2 for offences about the employment of a person who is not a police officer or registered teacher in regulated employment. (3) To remove any doubt, it is declared that—

(a) it is not a requirement of subsection (2) that the person give the person’s employer any information about the surrender other than that it has happened; and

(b) unless otherwise required under this chapter, it is not a requirement that the employer stop employing the person on receiving the notification.

s 328 ins 2010 No. 5s 58 amd 2019 No. 18s 86(1)sch 1 Subdivision 3 Changes in personal and business information ch 8 pt 6 div 5 sdiv 3 hdg ins 2024 No. 50s 89 328A Definition for subdivision In this subdivision— relevant person means—

(a) a person who has made a working with children check application that has not been decided or withdrawn; or

(b) a person who holds a working with children authority; or

(c) a person who holds a negative notice and has made an application for the notice to be cancelled that has not been decided or withdrawn.

s 328A ins 2024 No. 50s 89 328B Notification of change in information (1) A relevant person must give written notice to the chief executive of any change in the following within 7 days after the change happens—

(a) the person’s name;

(b) business information relating to the person;

Maximum penalty—10 penalty units. (2) The notice must be given—

(a) in the approved form; and

(b) in an approved way.

(3) For subsection (1)(a), a change in the person’s name includes the following—

(a) the person changes the person’s name from the name the person has given to the chief executive;

(b) the person starts to use a different name to the name the person has given to the chief executive.

(4) For subsection (1)(b), a change of business information in relation to the person includes the following—

(a) the person stops carrying on a business previously advised to the chief executive;

(b) the person no longer intends to carry on a business previously advised to the chief executive;

s 328B ins 2024 No. 50s 89 328C Change of contact details (1) A relevant person must give notice to the chief executive of a change in contact details within 7 days after the change happens. Maximum penalty—10 penalty units. (2) For subsection (1), a change of contact details includes a change in the contact details from the contact details the person has given to the chief executive. (3) The notice may be given orally or in writing. s 328C ins 2024 No. 50s 89 Division 6 Obtaining report about person’s mental health ch 8 pt 6 div 6 hdg ins 2010 No. 5s 58 329 Application of division (1) This division applies if—

(a) the chief executive is deciding whether a person who has been charged with, or convicted of, any of the following poses a risk to the safety of children—

(i) a serious offence or a disqualifying offence;

(ii) an offence, other than a serious offence or a disqualifying offence, relating to or involving a child; and

(b) the chief executive reasonably believes it is necessary to consider a report about the person’s mental health prepared under this division for deciding whether the person poses a risk to the safety of children.

(2) For subsection (1)(b), the chief executive may form the reasonable belief only if—

(a) in relation to the charge or conviction mentioned in subsection (1)(a)—

(i) the matter of the person’s mental state relating to the offence has been or was referred to the Mental Health Court or an entity of another State with similar functions to that court; or

(ii) a court has ordered the person to undertake treatment of a psychiatric nature; or

(iii) a court has been given a report about the person’s mental health prepared by a registered health practitioner; or

(b) the chief executive has, under this chapter, been given a report about the person’s mental health prepared by a registered health practitioner.

s 329 ins 2010 No. 5s 58 amd 2014 No. 28s 55; 2016 No. 5s 923sch 4; 2024 No. 50s 90 330 Chief executive may request person to undergo examination by registered health practitioner etc. (1) The chief executive may, by written notice, ask the person—

(a) to undergo an examination by a registered health practitioner nominated by the chief executive, and any further examination required by the health practitioner, so that a report about the person’s mental health can be given to the chief executive under this division; and

(b) to give the chief executive consent to obtain a report about the person’s mental health from the registered health practitioner who conducts the examination.

(2) The notice given under subsection (1) must state the following—

(a) the reasons for the chief executive’s request;

(b) the name and qualifications of the registered health practitioner nominated by the chief executive to conduct the examination;

(d) that the health practitioner may require the person to undergo further examinations so that a report about the person’s mental health can be prepared;

(e) that the chief executive may consider a report about the person’s mental health prepared under this division in deciding whether the person poses a risk to the safety of children;

(f) that the person may withdraw the person’s working with children check application;

(g) that, if the person fails to undergo the examination, and any further examination required by the registered health practitioner, or to give the consent mentioned in subsection (1)(b), either—

(i) the chief executive may withdraw the person’s working with children check application; or

(ii) the chief executive may decide whether the person poses a risk to the safety of children in the absence of a report about the person’s mental health.

(3) If the person does not comply with the chief executive’s request under subsection (1), the chief executive may decide whether the person poses a risk to the safety of children in the absence of a report about the person’s mental health. Note— See also part 3 about the withdrawal of working with children check applications. s 330 ins 2010 No. 5s 58 amd 2014 No. 28ss 55, 56; 2019 No. 18s 86(1)sch 1; 2024 No. 50s 91 331 Nominating registered health practitioner to conduct examination The chief executive may nominate a registered health practitioner to conduct an examination under this division only if the chief executive is reasonably satisfied the health practitioner has the necessary qualifications, expertise or experience to conduct the examination. s 331 ins 2010 No. 5s 58 amd 2014 No. 28s 55 332 Registered health practitioner obtaining information from Mental Health Court (1) This section applies if—

(a) a person (the charged person) has been charged with, but not convicted of—

(i) a serious offence or a disqualifying offence; or

(ii) an offence, other than a serious offence or a disqualifying offence, relating to or involving a child; and

(b) the matter of the charged person’s mental state relating to the offence has been referred to the Mental Health Court; and

(c) the chief executive is reasonably satisfied that it may be necessary or desirable for a registered health practitioner conducting an examination of the charged person under this division to have regard to information mentioned in subsection (2) for preparing a report about the person’s mental health.

(2) The chief executive may, by written notice, ask the charged person to give the Mental Health Court consent to give the registered health practitioner the following information—

(a) the court’s decision in relation to the reference;

(b) the court’s reasons for its decision;

(c) a copy or written summary of any expert’s report about the person received in evidence by the court, including, for example, a medical report, psychiatrist’s report or expert report that accompanied the reference;

(d) transcripts of a hearing conducted for the reference that the court has directed may be given to a party to the hearing or another person.

(3) The written notice must state the following—

(a) the reasons for the chief executive’s request;

(b) that, if the person fails to give the consent, the chief executive may withdraw the person’s working with children check application.

(4) If the charged person gives the consent, the Mental Health Court may give the information mentioned in subsection (2) to the chief executive for giving it to the registered health practitioner. (5) However, information or documents given under this section must not include—

(a) any record of material given to the court under the Mental Health Act 2016, section 163, or of how the material was taken into account; or

(b) the Mental Health Court’s reasons for taking material mentioned in paragraph (a) into account or not taking the material into account; or

(d) information about a person other than the charged person the Mental Health Court reasonably considers is not relevant to the registered health practitioner preparing a report about the charged person’s mental health.

(6) Also, the Mental Health Court must not give information, or a document containing information, under this section if the court is reasonably satisfied that giving the information may do any of the following—

(a) prejudice an investigation or a matter before the court;

(b) prejudice the investigation of a contravention or possible contravention of the law in a particular case;

(c) enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained;

(d) prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law;

(e) prejudice a prosecution or another matter before another court;

(f) endanger a person’s life or physical safety;

(g) adversely affect a person’s mental health.

(7) If the chief executive is given information under this section to give to the registered health practitioner, the chief executive—

(a) must give the information to the registered health practitioner as soon as possible; and

(b) must not use the information for any purpose other than giving it to the registered health practitioner.

(8) The giving of information under this section by the Mental Health Court is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information. Note— See sections 334, 384 and 385 for restrictions on disclosing or giving access to information or documents obtained under this section. (9) Without limiting subsection (8)—

(a) information may be given under this section even if the information can not be disclosed to the charged person under a confidentiality order under the Mental Health Act 2016, section 696; and

(b) this section applies in relation to an expert’s report despite the Mental Health Act 2016, section 160.

(10) A decision of the Mental Health Court not to give an expert report about the charged person under this section does not prevent the chief executive applying under the Mental Health Act 2016, section 160(2) for leave of the court to give the report to the registered health practitioner. s 332 ins 2010 No. 5s 58 amd 2014 No. 28ss 55, 56; 2016 No. 5s 923sch 4; 2019 No. 18s 86(1)sch 1; 2024 No. 50s 92 333 Registered health practitioner obtaining information from Mental Health Review Tribunal (1) This section applies if—

(a) a person (the charged person) has been charged with, but not convicted of—

(i) a serious offence or a disqualifying offence; or

(ii) an offence, other than a serious offence or a disqualifying offence, relating to or involving a child; and

(b) the Mental Health Review Tribunal has reviewed a forensic order to which the person is subject, or the person’s fitness for trial, under the Mental Health Act 2016, chapter 12, part 3, 4 or 6; and

(c) the chief executive is reasonably satisfied that it may be necessary or desirable for the registered health practitioner conducting an examination of the charged person under this division to have regard to information mentioned in subsection (2) for preparing a report about the person’s mental health.

(2) The chief executive may, by written notice, ask the charged person to give the Mental Health Review Tribunal consent to give the registered health practitioner the following information—

(a) the tribunal’s decision on the review;

(b) the tribunal’s reasons for the decision;

(c) a copy or written summary of any expert’s report about the charged person received by the tribunal in the proceeding for the review, including, for example, a report about an examination of the person by a psychiatrist or other person mentioned in the Mental Health Act 2016, section 454;

(d) transcripts of a hearing conducted for the review that the tribunal has directed may be given to a party to the hearing or another person.

(3) The written notice must state the following—

(a) the reasons for the chief executive’s request;

(b) that, if the person fails to give the consent, the chief executive may withdraw the person’s working with children check application.

(4) If the person gives the consent, the Mental Health Review Tribunal may give the information mentioned in subsection (2) to the chief executive for giving it to the registered health practitioner. (5) However, information or documents given under this section must not include—

(a) any record of material given to the tribunal under the Mental Health Act 2016, section 155 or 742, or of how the material was taken into account; or

(b) the Mental Health Review Tribunal’s reasons for taking material mentioned in paragraph (a) into account or not taking the material into account; or

(d) information about a person other than the charged person the Mental Health Review Tribunal reasonably considers is not relevant to the registered health practitioner preparing a report about the charged person’s mental health.

(6) Also, the Mental Health Review Tribunal must not give information, or a document containing information, under this section if the tribunal is reasonably satisfied that giving the information may do any of the following—

(a) prejudice a matter before the tribunal;

(b) prejudice the investigation of a contravention or possible contravention of the law in a particular case;

(c) enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained;

(d) prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law;

(e) prejudice a prosecution or another matter before a court;

(f) endanger a person’s life or physical safety;

(g) adversely affect a person’s mental health.

(7) If the chief executive is given information under this section to give to a registered health practitioner, the chief executive—

(a) must give the information to the registered health practitioner as soon as possible; and

(b) must not use the information for any purpose other than giving it to the registered health practitioner.

(8) The giving of information under this section by the Mental Health Review Tribunal is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information. Note— See sections 334, 384 and 385 for restrictions on disclosing or giving access to information or documents obtained under this section. (9) Without limiting subsection (8), information may be given under this section even if the information can not be disclosed to the charged person under a confidentiality order under the Mental Health Act 2016, section 722. s 333 ins 2010 No. 5s 58 amd 2014 No. 28ss 55, 56; 2016 No. 5s 923sch 4; 2019 No. 18s 86(1)sch 1; 2024 No. 50s 93 334 Use of information obtained from Mental Health Court or Mental Health Review Tribunal (1) This section applies if the chief executive gives a registered health practitioner information or a document about a person given to the chief executive—

(a) by the Mental Health Court under section 332; or

(b) by the Mental Health Review Tribunal under section 333.

(2) The registered health practitioner must not—

(a) make a record of the information or information in the document; or

(b) disclose the information or information in the document to anyone; or

(d) include any details of the information, or information in the document, in the report about the person’s mental health prepared under this division.

Maximum penalty—100 penalty units. s 334 ins 2010 No. 5s 58 amd 2014 No. 28s 55 335 Chief executive may obtain report about person’s mental health from registered health practitioner (1) This section applies if a person gives the chief executive consent as mentioned in section 330(1)(b) in relation to an examination of the person conducted under this division. (2) The chief executive may ask the registered health practitioner who conducts the examination to give a report about the person’s mental health to the chief executive, and the registered health practitioner may give the report to the chief executive. (3) The giving of a report under this section by a registered health practitioner is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the examination. Note— See sections 384 and 385 for restrictions on disclosing or giving access to information or documents obtained under this Act. s 335 ins 2010 No. 5s 58 amd 2014 No. 28s 55 336 Chief executive to bear medical costs (1) The chief executive must bear the medical costs for obtaining a report from a registered health practitioner under this division. (2) In this section— medical costs, for obtaining a report from a registered health practitioner under this division, means amounts charged by the health practitioner to—

(a) conduct an examination for preparing the report; or

(b) prepare the report.

s 336 ins 2010 No. 5s 58 amd 2014 No. 28s 55 Division 7 Obtaining other information about person’s mental health ch 8 pt 6 div 7 hdg ins 2010 No. 5s 58 337 Chief executive may obtain particular information from Mental Health Court (1) This section applies if—

(a) the chief executive is deciding whether a person (the charged person) who has been charged with, but not convicted of, 1 of the following poses a risk to the safety of children—

(i) a serious offence;

(ii) a disqualifying offence;

(iii) an offence, other than a serious offence or a disqualifying offence, relating to or involving a child; and

(b) the matter of the charged person’s mental state relating to the offence has been referred to the Mental Health Court; and

(c) the chief executive has the charged person’s consent to obtain information about the person from the Mental Health Court under this section.

(2) The chief executive may ask the Mental Health Court for the following (requested information)—

(a) the court’s decision in relation to the reference;

(b) the court’s reasons for its decision;

(c) a copy or written summary of any expert’s report about the charged person received in evidence by the court, including, for example, a medical report, psychiatrist’s report or expert report that accompanied the reference;

(d) transcripts of a hearing conducted for the reference that the court has directed may be given to a party to the hearing or another person.

(3) The Mental Health Court may comply with the request if the court reasonably considers the requested information may help the chief executive in deciding whether the charged person poses a risk to the safety of children. (4) However, the information or documents given to the chief executive for complying with the request must not include—

(a) any record of material given to the court under the Mental Health Act 2016, section 163, or of how the material was taken into account; or

(b) the Mental Health Court’s reasons for taking material mentioned in paragraph (a) into account or not taking the material into account; or

(c) information that can not be disclosed to the charged person under a confidentiality order under the Mental Health Act 2016, section 696; or

(d) the content of an expert report about a person other than the charged person; or

(e) information about a person other than the charged person that the Mental Health Court reasonably considers is not relevant to the chief executive deciding whether the charged person poses a risk to the safety of children.

(5) Also, the Mental Health Court must not give information, or a document containing information, to the chief executive under this section if the court is reasonably satisfied that giving the information may do any of the following—

(a) prejudice an investigation or a matter before the court;

(b) prejudice the investigation of a contravention or possible contravention of the law in a particular case;

(c) enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained;

(d) prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law;

(e) prejudice a prosecution or another matter before another court;

(f) endanger a person’s life or physical safety;

(g) adversely affect a person’s mental health.

(6) The giving of information under this section by the Mental Health Court is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information. Note— See sections 384 and 385 for restrictions on disclosing or giving access to information or documents obtained under this chapter. (7) Without limiting subsection (6), this section applies in relation to an expert’s report despite the Mental Health Act 2016, section 160. (8) A decision of the Mental Health Court not to give the chief executive an expert report about the charged person under this section does not prevent the chief executive applying under the Mental Health Act 2016, section 160(2) for leave of the court to give the report to the chief executive. s 337 ins 2010 No. 5s 58 amd 2014 No. 28s 55; 2016 No. 5s 923sch 4; 2024 No. 50s 94 338 Chief executive may obtain particular information from Mental Health Review Tribunal (1) This section applies if—

(a) the chief executive is deciding whether a person (the charged person) who has been charged with, but not convicted of, 1 of the following poses a risk to the safety of children—

(i) a serious offence;

(ii) a disqualifying offence;

(iii) an offence, other than a serious offence or a disqualifying offence, relating to or involving a child; and

(c) the chief executive has the charged person’s consent to obtain information about the person from the Mental Health Review Tribunal under this section.

(2) The chief executive may ask the Mental Health Review Tribunal for the following (the requested information)—

(a) the tribunal’s decision on the review;

(b) the tribunal’s reasons for the decision;

(d) transcripts of a hearing conducted for the review that the tribunal has directed may be given to a party to the hearing or another person.

(3) The Mental Health Review Tribunal may comply with the request if the tribunal reasonably considers the requested information may help the chief executive in deciding whether the charged person poses a risk to the safety of children. (4) However, the information or documents given to the chief executive for complying with the request must not include—

(a) any record of material given to the tribunal under the Mental Health Act 2016, section 155 or 742, or of how the material was taken into account; or

(b) the tribunal’s reasons for taking material mentioned in paragraph (a) into account or not taking the material into account; or

(c) information that can not be disclosed to the charged person under a confidentiality order under the Mental Health Act 2016, section 722; or

(d) the content of an expert report about a person other than the charged person; or

(e) information about a person other than the charged person that the Mental Health Review Tribunal reasonably considers is not relevant to the chief executive deciding whether the charged person poses a risk to the safety of children.

(5) Also, the Mental Health Review Tribunal must not give information, or a document containing information, to the chief executive under this section if the tribunal is reasonably satisfied that giving the information may do any of the following—

(a) prejudice a matter before the tribunal;

(b) prejudice the investigation of a contravention or possible contravention of the law in a particular case;

(c) enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained;

(d) prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law;

(e) prejudice a prosecution or another matter before a court;

(f) endanger a person’s life or physical safety;

(g) adversely affect a person’s mental health.

(6) The giving of information under this section by the Mental Health Review Tribunal is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information. Note— See sections 384 and 385 for restrictions on disclosing or giving access to information or documents obtained under this chapter. s 338 ins 2010 No. 5s 58 amd 2014 No. 28s 55; 2016 No. 5s 923sch 4; 2024 No. 50s 95 Division 8 Giving information to police commissioner and other State entities ch 8 pt 6 div 8 hdg ins 2010 No. 5s 58 sub 2022 No. 7s 120 340 Chief executive must give police commissioner a person’s current address (1) The chief executive must, on written application of the police commissioner, give the police commissioner information about an address for a person if—

(a) the chief executive has an address for the person that is different to the address stated by the police commissioner in the application; and

(b) either of the following applies—

(i) the police commissioner is, under this chapter, required to give a notice to the person;

(ii) the chief executive reasonably believes the giving of the information will help the police commissioner to verify the person’s identity for giving police information to the chief executive under this chapter.

(2) Despite section 316, information given to the police commissioner under this section must not be used, disclosed or accessed for any purpose other than a purpose mentioned in subsection (1)(b). s 340 ins 2010 No. 5s 58 amd 2014 No. 28s 55 341 Giving other information to police commissioner (1) The chief executive may give the police commissioner confidential information about a person if the chief executive reasonably believes the giving of the information is necessary for the effective administration of any of the following—

(a) this chapter;

(d) the Police Powers and Responsibilities Act 2000, section 789A.

(2) Section 316 applies to information given under this section. (3) This section does not limit section 340 or 385. s 341 ins 2010 No. 5s 58 amd 2014 No. 28s 55; 2017 No. 14s 50sch 1 342 Chief executive must give information about particular persons to accreditation board (1) The chief executive must, if asked in writing by the chairperson of the accreditation board, give the accreditation board the following information about a prescribed person—

(a) whether the person holds a working with children authority or a negative notice;

(b) whether the person has made a working with children check application.

(2) For subsection (1), the chairperson’s request must include the following information—

(a) the prescribed person’s name and any other name that the college believes the person may use or may have used;

(b) the prescribed person’s gender and date and place of birth;

(d) any number or date given by the prescribed person about a working with children authority the person holds or claims to hold;

(e) if the prescribed person is a director of a school’s governing body—the name of the school’s governing body of which the person is a director.

(3) The chief executive must give the accreditation board a notice about each of the following events that happen—

(a) a prescribed person is issued a negative notice;

(b) a prescribed person’s working with children authority—

(i) is suspended under section 296; or

(ii) is cancelled under section 301 or 304E;

(d) the term of a prescribed person’s working with children authority ends;

(e) a prescribed person’s working with children check application is withdrawn.

(4) Also, if a prescribed person who holds a negative notice makes a working with children check application, the chief executive must give the accreditation board a notice that states that the application has no effect. Note— See section 193. (5) In this section— chairperson see the Education (Accreditation of Non-State Schools) Act 2017, schedule 1. prescribed person means—

(a) a director of a school’s governing body; or

(b) an authorised person under the Education (Accreditation of Non-State Schools) Act 2017.

s 342 ins 2010 No. 5s 58 amd 2014 No. 28ss 55, 56 sub 2017 No. 24s 268 amd 2019 No. 18s 86(1)sch 1 343 Giving information about particular persons to college of teachers (1) This section applies in relation to information about a person—

(a) the chief executive is given or is given access to; or

(b) in the chief executive’s possession in relation to an employment-screening decision about the person.

(2) The chief executive may give the information about the person to the college of teachers if the chief executive reasonably believes the information is relevant to the functions of the college under the Education (Queensland College of Teachers) Act 2005, chapter 10, part 1. (3) Without limiting subsection (2), the information that may be given includes the following—

(a) information about a working with children check application made by the person;

(b) information about a working with children authority or negative notice held by the person;

(c) police information, domestic violence information, disciplinary information or adverse interstate WWC information about the person.

s 343 ins 2010 No. 5s 58 amd 2010 No. 33s 106; 2014 No. 28s 55; 2019 No. 18s 86(1)sch 1; 2022 No. 7s 132sch 1 sub 2024 No. 50s 96 _____ s 343A ins 2024 No. 49s 128 (uncommenced amendment) 344 Giving information to chief executive (disability worker screening) (1) This section applies to information about a person—

(a) the chief executive was given, or given access to, under chapter 7 or this chapter; or

(b) in the chief executive’s possession in relation to an employment-screening decision about the person.

(2) The chief executive may give information about a person to the chief executive (disability worker screening) if the chief executive reasonably believes the information is relevant to the functions of the chief executive (disability worker screening) under the Disability Services Act 2006, part 5. (3) Without limiting subsection (2), the information that may be given includes—

(a) information about a working with children check application made by a person; and

(b) information about a working with children authority or negative notice held by a person; and

(c) police information, domestic violence information, disciplinary information and adverse interstate WWC information about a person; and

(d) information related to police information about a person including a section 93A transcript and a transcript of a recorded statement; and

(e) information about a person’s mental health.

s 344 ins 2010 No. 5s 58 amd 2014 No. 28s 55; 2006 No. 12s 333sch 2 (amd 2014 No. 12s 74); 2019 No. 18s 86(1)sch 1 sub 2020 No. 39s 51 amd 2022 No. 7ss 88, 122; 2022 No. 12s 49; 2024 No. 50s 97 Division 8A Sharing information with prescribed entity ch 8 pt 6 div 8A hdg ins 2024 No. 50s 98 344AAA Definition for division In this division— prescribed entity means an entity that—

(a) is prescribed by regulation for this division; and

(b) has entered into an arrangement with the chief executive to give the chief executive information under section 344AAB.

s 344AAA ins 2024 No. 50s 98 344AAB Arrangements with particular entities about asking for and giving information (1) The chief executive may enter into a written arrangement with an entity prescribed by regulation for this division about—

(a) asking for information under section 344AAC; or

(b) giving information under section 344AAD.

(2) Without limiting subsection (1), the arrangement may provide—

(a) for information to be asked for or given electronically, including on a daily basis; or

(b) for information to be given by way of providing electronic access to the information.

(3) If the arrangement provides for information to be given or accessed electronically and, under this Act or another law, there is a limitation on who may be given, or given access to, the information or the purposes for which the information may be used, the arrangement must provide for the limitation. s 344AAB ins 2024 No. 50s 98 344AAC Request for information about relevant person from prescribed entities (1) This section applies if the chief executive reasonably believes a prescribed entity has information relevant to whether a person poses a risk to the safety of children. (2) The chief executive may, by notice, ask the prescribed entity for the information. (3) The prescribed entity may give the information about the person to the chief executive if the prescribed entity reasonably believes the information may help the chief executive to perform the chief executive’s main functions under section 8. (4) This section applies subject to the Child Protection Act 1999, chapter 6, part 6, division 2, subdivision 1. s 344AAC ins 2024 No. 50s 98 344AAD Giving information about relevant person from prescribed entities (1) This section applies if a prescribed entity reasonably believes the prescribed entity has information relevant to whether a person poses a risk to the safety of children. (2) The prescribed entity may give the information about the person to the chief executive if the prescribed entity reasonably believes the information may help the chief executive to perform the chief executive’s main functions under section 8. (3) This section applies subject to the Child Protection Act 1999, chapter 6, part 6, division 2, subdivision 1. s 344AAD ins 2024 No. 50s 98 Division 9 Giving information to notifiable persons, authorised entities and self-managed NDIS participants etc. ch 8 pt 6 div 9 hdg ins 2022 No. 7s 123 344AA Chief executive to give notice to notifiable persons etc. about a change in police information (1) This section applies if the chief executive becomes aware that police information about a relevant person has changed. (2) However, this section does not apply if—

(a) the change is that the relevant person has been charged with or convicted of a disqualifying offence; or

(b) the change is that the relevant person has become a disqualified person.

(3) If the chief executive considers the change in police information may be relevant to child-related employment, the chief executive must give each notifiable person for the person a written notice stating the following—

(a) the relevant person’s name and identifying details;

(b) that the chief executive has received police information about the relevant person that the chief executive considers relevant to child-related employment;

(d) a reminder of the risk management requirements under sections 171 and 172;

(e) an employer may not dismiss the relevant person solely or mainly because the employer is given a notice under this section;

(f) if the change in police information is a change in criminal history, whether it is a charge or conviction and whether or not the charge or conviction is for a serious offence;

(g) if the change in police information is a conviction for a serious offence, it is an offence for an employer to allow the relevant person to perform work that is regulated employment.

(4) If the relevant person is the director of a school’s governing body, the chief executive must give written notice as mentioned in subsection (3) to the accreditation board. (5) An employer to whom a notice is given under subsection (3) or (4) that states that the change in police information is a conviction for a serious offence must not allow the relevant person to perform work that is regulated employment. Maximum penalty—200 penalty units or 2 years imprisonment. (6) An employer may not dismiss the relevant person solely or mainly because the employer is given a notice under subsection (3) or (4). (7) In this section— employer means a person who employs a relevant person. relevant person means—

(a) a person who holds a working with children authority, other than an authority that is suspended under section 296; or

(b) a person who has made a working with children check application that has not been decided or withdrawn.

s 344AA (prev s 339) ins 2010 No. 5s 58 amd 2014 No. 28s 55; 2019 No. 18s 52; 2022 No. 7s 121(1) reloc and renum 2022 No. 7s 121(2) amd 2024 No. 50s 99 amd 2024 No. 49s 131sch 5 (uncommenced amendment) 344A Chief executive may give authorised entities particular information (1) Each of the following is an authorised entity for a person—

(a) another person (the person’s employer) if—

(i) the employer has notified the chief executive under this Act that the employer employs, or proposes to employ, the person; and

(ii) neither the employer nor the person has notified the chief executive otherwise;

(b) another person the chief executive accepts as an authorised representative of the person’s employer;

(d) an entity to whom the chief executive is required to, or may, give a working with children notice about the person under this Act;

(e) another person the chief executive accepts is authorised by the department to assist the chief executive in performing the chief executive’s main functions under section 8(a).

(2) The chief executive may give the authorised entity information about—

(a) a working with children check application made by the person; or

(b) a working with children authority or negative notice held by the person; or

(c) a working with children notice about the person given, or required to be given, to the authorised entity under this Act.

(3) The chief executive may give the information under subsection (2) by allowing the authorised entity to access the information electronically. (4) In this section— working with children notice, about a person, means a notice that relates to—

(a) a working with children check application made by the person; or

(b) a working with children authority or negative notice held by the person.

s 344A ins 2019 No. 18s 53 amd 2024 No. 50s 100 344B Use of information obtained under s 344A about a person (1) This section applies to a person who is given, or accesses, information about a person under section 344A. (2) The person must not use the information, or disclose or give access to the information to anyone else, unless the use, disclosure or giving of access is allowed under subsection (3). Maximum penalty—100 penalty units. (3) The person may use the information, or disclose or give access to the information to another person, if the use, disclosure or giving of access—

(a) is to identify, assess or monitor a risk, or potential risk, to the safety or welfare of a child in relation to the regulated employment of the person to whom the information relates; or

(b) is to establish whether or not the person to whom the information relates—

(i) has made a working with children check application; or

(ii) holds a working with children authority or a negative notice; or

(d) happens with the consent of the person to whom the information relates; or

(e) is required to lessen or prevent a serious threat to the life, health, safety or welfare of an individual, or the health, safety or welfare of the public; or

(f) is required by a law enforcement agency to prevent, detect, investigate, prosecute or punish an offence; or

(g) is required for a proceeding in a court or a tribunal; or

(h) is authorised under a regulation or another law.

(4) In this section— law enforcement agency means—

(a) an entity mentioned in the Information Privacy Act 2009, schedule 5, definition law enforcement agency, paragraph (b); or

(b) an enforcement body within the meaning of the Privacy Act 1988 (Cwlth).

s 344B ins 2019 No. 18s 53 344C Notifying self-managed NDIS participant about particular matters (1) This section applies if—

(a) a child is an NDIS participant; and

(b) a relevant person for the child gives the chief executive written notice that a stated person carrying on an NDIS regulated business is delivering NDIS supports or services to the child.

(2) The chief executive may give the child, a person with parental responsibility for the child or the child’s plan manager a written notice about any of the following matters—

(a) if a working with children check application made by the person is decided—that fact and whether the person was issued a working with children authority or negative notice;

(b) if a working with children authority held by the person expires or is suspended or cancelled—the expiry, suspension or cancellation;

(c) if, under section 344AA(3), the chief executive is required to give a notifiable person for the person a notice about a change in police information about the person—the change in the police information.

(3) A notice about a matter mentioned in subsection (2)(c) must include only the information about the change in the police information that the chief executive is required to give a notifiable person for the person under section 344AA(3). (4) In this section— NDIS participant means a participant in the national disability insurance scheme under the National Disability Insurance Scheme Act 2013 (Cwlth). NDIS regulated business means a regulated business mentioned in schedule 1, section 16A. parental responsibility see the National Disability Insurance Scheme Act 2013 (Cwlth), section 75. plan manager, for a child who is an NDIS participant, means a person other than the child who is managing the funding for supports under the child’s plan within the meaning of the National Disability Insurance Scheme Act 2013 (Cwlth), section 42. relevant person, for a child who is an NDIS participant, means—

(a) the child; or

(b) a person with parental responsibility for the child; or

(d) a person who carries on an NDIS regulated business that includes delivering NDIS supports or services to the child.

s 344C ins 2020 No. 39s 52 amd 2022 No. 7s 132sch 1 345 s 345 ins 2010 No. 5s 58 amd 2010 No. 33s 107; 2014 No. 28ss 55, 60 om 2020 No. 39s 53 Division 10 Giving information to ACC and interstate screening units ch 8 pt 6 div 10 hdg ins 2022 No. 7s 124 345A Application of division This division applies to information about a person—

(a) the chief executive was given, or given access to, under this part; or

(b) in the chief executive’s possession in relation to the performance of the chief executive’s screening functions.

s 345A ins 2022 No. 7s 124 345B Giving information to ACC (1) The chief executive may give information about a person to the ACC—

(a) under an arrangement between the chief executive and the ACC for the purpose of the information being included in the working with children check national reference system; or

(b) if the chief executive reasonably believes the information is otherwise relevant to the functions of the ACC that relate to the working with children check national reference system.

(2) Without limiting subsection (1)(a), information is given to the ACC if the information is entered into, or uploaded to, the working with children check national reference system. s 345B ins 2022 No. 7s 124 345C Giving information to interstate screening units (1) This section applies if—

(a) the chief executive is aware a person holds an interstate working with children authority issued by an interstate screening unit under a corresponding WWC law; or

(b) an interstate screening unit has asked the chief executive for information about a person in relation to deciding an application made by the person under a corresponding WWC law.

(2) The chief executive may give information about the person to the interstate screening unit if the chief executive reasonably believes the information is relevant to the functions of the interstate screening unit under the corresponding WWC law. (3) The chief executive must not give to an interstate screening unit—

(a) a section 93A transcript; or

(b) a recorded statement.

(4) However, the chief executive may give to an interstate screening unit a written summary of a section 93A transcript or recorded statement, subject to subsection (2). s 345C ins 2022 No. 7s 124 amd 2024 No. 50s 101 Division 11 Guidelines for dealing with information ch 8 pt 6 div 11 hdg ins 2022 No. 7s 125 346 Guidelines for dealing with information (1) The chief executive must make guidelines, consistent with this Act, for dealing with information obtained by the chief executive under this chapter. (2) The purpose of the guidelines is to ensure—

(a) natural justice is afforded to the persons about whom the information is obtained; and

(b) only relevant information is used in making employment-screening decisions; and

(3) The chief executive must give a copy of the guidelines to a person on request. s 346 ins 2010 No. 5s 58 amd 2014 No. 28s 55 Part 7 Miscellaneous provisions ch 8 pt 7 hdg ins 2010 No. 5s 58 amd 2019 No. 18s 54 Division 1 Replacement card ch 8 pt 7 div 1 hdg ins 2010 No. 5s 58 sub 2019 No. 18s 55 347 Replacement of lost or stolen card (1) If a person’s working with children card is lost or stolen (the lost or stolen card), the person must, within 14 days after the loss or theft—

(a) give the chief executive a notice about the loss or theft in the approved form and in an approved way; and

(b) either—

(i) apply for a replacement card; or

(ii) ask the chief executive under section 304D to cancel the person’s working with children authority.

Maximum penalty—10 penalty units. (2) An application under subsection (1)(b)(i) must be—

(a) made in the approved form and in an approved way; and

(b) accompanied by the prescribed fee for a replacement card.

(3) The chief executive must—

(a) cancel the lost or stolen card; and

(b) if the person applied for a replacement card under subsection (1)(b)(i)—issue a replacement working with children card to the person.

(4) The chief executive must give written notice about the loss or theft of the lost or stolen card to the police commissioner. s 347 ins 2010 No. 5s 58 amd 2014 No. 28s 55 sub 2019 No. 18s 55 amd 2020 No. 39s 70sch 1; 2022 No. 7s 89 348 Replacement card for change of name or contact details (1) This section applies to a person who—

(a) holds a working with children authority; and

(b) notifies the chief executive of—

(i) a change in the person’s name under section 328B; or

(ii) a change in the person’s contact details under section 328C.

(2) If the chief executive considers it is appropriate to do so and the person pays the prescribed fee for a replacement card, the chief executive may issue a replacement working with children card to the person. (3) If the chief executive issues a replacement working with children card to the person, the chief executive must cancel the person’s previously held card. s 348 ins 2010 No. 5s 58 amd 2014 No. 28s 55 sub 2019 No. 18s 55 amd 2022 No. 7s 90; 2024 No. 50s 102 348A Requirement to return replaced card (1) This section applies to a person who holds a working with children card (the replaced card) if the chief executive issues the person a further working with children card. (2) The person must give the replaced card to the chief executive within 7 days after the further working with children card is issued, unless the person has a reasonable excuse. Maximum penalty—10 penalty units. s 348A ins 2019 No. 18s 55 Division 1A Change in regulated employment or regulated business ch 8 pt 7 div 1A hdg ins 2019 No. 18s 55 349 s 349 ins 2010 No. 5s 58 amd 2010 No. 33s 108; 2014 No. 28s 55 sub 2019 No. 18s 55 om 2024 No. 50s 103 350 Holder must notify change and pay prescribed application fee—volunteer or business carried on other than for financial reward (1) This section applies if—

(a) a person holds a working with children clearance that is not suspended; and

(b) during the term of the clearance, the person is or was—

(i) employed in regulated employment only as a volunteer; or

(ii) carrying on a regulated business on a not-for-profit basis and not otherwise carrying on a regulated business; and

(i) the person becomes employed in regulated employment other than as a volunteer;

(ii) the person starts carrying on a regulated business for financial reward.

(2) The person must, within 14 days after the change happens—

(a) give the chief executive a notice, in the approved form and in an approved way, about the change; and

(b) if the person is required to pay the prescribed application fee under subsection (3)—pay the prescribed application fee to the chief executive.

Maximum penalty—10 penalty units. (3) The person must pay the prescribed application fee if the working with children check (general) application in relation to which the working with children clearance was issued was made on the basis that the person was—

(a) employed, or to be employed, in regulated employment as a volunteer; or

(b) carrying on, or proposing to carry on, a regulated business on a not-for-profit basis.

(4) If the chief executive considers it is appropriate to do so, the chief executive may issue the person—

(a) a new working with children clearance with a new term under section 238; or

(b) a replacement working with children card for the person’s clearance.

(5) If the chief executive issues a replacement working with children card, the chief executive must cancel the previously held card. Note— See section 348A for the person’s obligation to return the replaced card to the chief executive. (6) In this section— not-for-profit basis, for carrying on a regulated business, means the business is carried on other than for financial reward. prescribed application fee means the prescribed fee for a working with children check (general) application made by a person for—

(a) for a person who gives a notice under subsection (2) for a change mentioned in subsection (1)(c)(i)—employment in regulated employment other than as a volunteer; or

(b) for a person who gives a notice under subsection (2) for a change mentioned in subsection (1)(c)(ii)—carrying on a regulated business for financial reward.

s 350 ins 2010 No. 5s 58 sub 2010 No. 33s 109 amd 2014 No. 28s 55 sub 2019 No. 18s 55 amd 2020 No. 39s 54; 2024 No. 50s 140sch 1 Division 1B Holder of working with children exemption stops being police officer or registered teacher ch 8 pt 7 div 1B hdg ins 2019 No. 18s 55 350A Holder and notifiable persons notified about expiry of working with children exemption (1) The term of a working with children exemption ends if the person who holds the exemption—

(a) if the person was a police officer when the exemption was issued—stops being a police officer; or

(b) if the person was a registered teacher when the exemption was issued—stops being a registered teacher, including because the person’s registration is suspended under the Education (Queensland College of Teachers) Act 2005, section 48 or 49.

(2) The chief executive must give the person a written notice that states—

(a) the term of the person’s working with children exemption has ended because the person is no longer a police officer or registered teacher; and

(b) the person must immediately return the person’s working with children card to the chief executive; and

(3) The person must give the person’s working with children card to the chief executive immediately after the chief executive gives the notice, unless the person has a reasonable excuse. Maximum penalty—10 penalty units. (4) The chief executive must give each notifiable person for the person a written notice that states the term of the person’s working with children exemption has ended because the person is no longer a police officer or registered teacher. s 350A ins 2019 No. 18s 55 amd 2022 No. 7s 91 350B Effect of negative notice if holder no longer police officer or registered teacher (1) This section applies if a person who holds a negative notice—

(a) if the person was a police officer when the negative notice was issued—stops being a police officer; or

(b) if the person was a registered teacher when the negative notice was issued—stops being a registered teacher, including because the person’s registration is suspended under the Education (Queensland College of Teachers) Act 2005, section 48 or 49.

(2) The person’s negative notice continues in effect as if it were a notice issued under section 226(3). s 350B ins 2019 No. 18s 55 amd 2024 No. 50s 140sch 1 Division 2 Offences relating to false or misleading information ch 8 pt 7 div 2 hdg ins 2010 No. 5s 58 351 False or misleading disclosure A person must not state anything to the chief executive for chapter 7, this chapter or chapter 10, part 1A that the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units or 2 years imprisonment. s 351 ins 2010 No. 5s 58 amd 2014 No. 28s 55 sub 2019 No. 18s 56 amd 2024 No. 50s 104 352 False or misleading documents (1) A person must not give the chief executive a document for chapter 7, this chapter or chapter 10, part 1A containing information the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units or 2 years imprisonment. (2) Subsection (1) does not apply to a person if the person, when giving the document—

(a) tells the chief executive, to the best of the person’s ability, how it is false or misleading; and

(b) if the person has, or can reasonably obtain, the correct information—gives the correct information.

s 352 ins 2010 No. 5s 58 amd 2014 No. 28s 55; 2019 No. 18s 57; 2024 No. 50s 105 Division 3 Review and appeal ch 8 pt 7 div 3 hdg ins 2010 No. 5s 58 353 Definitions for division In this division— chapter 8 reviewable decision, about a person, means—

(a) a decision of the chief executive to—

(i) issue the person a negative notice; or

(ii) refuse to cancel a negative notice issued to the person; or

(b) a decision of the chief executive if—

(i) the person’s working with children authority was suspended under section 296; and

(ii) the person has applied under section 300A for the chief executive to end the suspension of the person’s working with children authority and the chief executive has decided to continue the suspension under section 300(1)(c); and

(iii) the person claims the person is not the person the subject of the offence, action or other information that has triggered the suspension.

prescribed period, for a review of a chapter 8 reviewable decision about a person, means the period ending 28 days after the person is given notice of—

(a) for a chapter 8 reviewable decision mentioned in definition chapter 8 reviewable decision, paragraph (a)—the decision; or

(b) for a chapter 8 reviewable decision mentioned in definition chapter 8 reviewable decision, paragraph (b)—the decision on the application under section 300A about the suspension.

s 353 ins 2010 No. 5s 58 sub 2024 No. 50s 106 354 Person may apply for review of chapter 8 reviewable decision (1) A person who is not a disqualified person may apply, within the prescribed period and as otherwise provided under the QCAT Act, to QCAT for a review of a chapter 8 reviewable decision. (2) Despite subsection (1), a person who is a disqualified person may apply for a review of a chapter 8 reviewable decision of the chief executive to issue a negative notice if the person claims not to be the person the subject of the offence, action or other information that made the person a disqualified person. (3) If a person applies under subsection (1) to have a chapter 8 reviewable decision reviewed, QCAT may not—

(a) stay the operation of the decision; or

(b) grant an injunction in the proceeding for the review.

(4) To remove any doubt, it is declared that there is no review or appeal under this Act in relation to a decision of the chief executive to issue a negative notice to a person, or refuse to cancel a person’s negative notice, other than because of a chapter 8 reviewable decision. (5) This section does not limit section 307. s 354 ins 2010 No. 5s 58 amd 2014 No. 28s 55; 2019 No. 18s 86(1)sch 1; 2024 No. 50s 107 354A Stay of operation of particular decisions on application for review (1) This section applies to a decision of QCAT, on an application for a review of a chapter 8 reviewable decision under section 354, to set aside a decision of the chief executive. (2) QCAT’s decision does not take effect until—

(a) the end of the period within which an appeal against QCAT’s decision may be started; or

(b) if an appeal against QCAT’s decision is started—the appeal is decided or withdrawn.

(3) This section applies despite the QCAT Act, sections 145 and 152. s 354A ins 2019 No. 18s 58 amd 2024 No. 50s 108 354B Chief executive to give effect to decisions of QCAT (1) This section applies if, on an application for a review of a chapter 8 reviewable decision under section 354, QCAT decides that a person must be issued a working with children authority. (2) The chief executive may do any of the things necessary and otherwise permitted or required under this Act to give effect to the decision. Example for subsection (2)—

1 The chief executive may request information that the chief executive reasonably needs to establish the applicant’s identity.

2 The chief executive may undertake a check for a change in a person’s criminal history.

s 354B ins 2024 No. 50s 109 355 Effect of applicant for a review becoming a disqualified person (1) This section applies if a disqualified person made an application under section 354 before the person became a disqualified person. (2) The application and any proceeding in relation to the application must be dismissed—

(a) if a proceeding in relation to the application is before a court—by the court; or

(b) otherwise—by QCAT, even if the dismissal would be contrary to a direction of the Court of Appeal.

(3) Any appeal by the person from a decision of QCAT on the application must be dismissed. s 355 ins 2010 No. 5s 58 amd 2013 No. 14s 54sch Division 4 Other miscellaneous provisions ch 8 pt 7 div 4 hdg ins 2010 No. 5s 58 356 Compliance with requirement to end, or not start, a person’s regulated employment (1) This section applies if it would be a contravention of a provision of chapter 7 or this chapter for a person (the employer) to employ, or continue to employ, another person (the employee) in regulated employment. (2) The employer must comply with the provision despite another Act or law or any industrial award or agreement. (3) The employer does not incur any liability because, in compliance with the provision, the employer does not employ, or continue to employ, the employee in regulated employment. (4) A person whose working with children authority is suspended under section 296 may be employed in employment that is not regulated employment. s 356 ins 2010 No. 5s 58 amd 2019 No. 18s 86(1)sch 1 357 Disqualification order (1) This section applies if a person is convicted of a serious offence committed in relation to, or otherwise involving, a child. (2) The court may, on application by the prosecutor or on its own initiative, make an order (a disqualification order) in relation to the person stating that—

(a) the person may not hold a working with children authority, or make a working with children check application, for a stated period; or

(b) the person may never hold a working with children authority or make a working with children check application.

(3) However, the court may make a disqualification order under subsection (2)(a) or (b) only if the court considers it would not be in the interests of children for the chief executive to issue a working with children authority to the person. (4) The person against whom the disqualification order is made may appeal against the court’s decision under subsection (2) in the same way the person may appeal against the conviction. (5) In this section— Crown prosecutor includes—

(a) the Attorney-General; and

(b) the director of public prosecutions; and

prosecutor means—

(a) in the context of a proceeding before, or an application to, a Magistrates Court or a Childrens Court—

(i) a police officer; or

(ii) a service legal officer within the meaning of the Police Service Administration Act 1990, section 10.24; or

(iii) a Crown prosecutor; or

(b) otherwise—a Crown prosecutor.

s 357 ins 2010 No. 5s 58 amd 2014 No. 28s 55; 2019 No. 18s 59; 2024 No. 50s 110 pt 6 hdg sub 2004 No. 49s 5 om 2010 No. 5s 58 pt 6 div 1 hdg om 2010 No. 5s 58 pt 6 div 1A hdg ins 2004 No. 49s 8 om 2010 No. 5s 58 pt 6 div 1B hdg ins 2004 No. 49s 11 om 2010 No. 5s 58 pt 6 div 2 hdg sub 2004 No. 49s 12 om 2010 No. 5s 58 pt 6 div 3 hdg sub 2004 No. 49s 18 om 2010 No. 5s 58 pt 6 div 3 sdiv 1 hdg sub 2004 No. 49s 18 om 2010 No. 5s 58 pt 6 div 3 sdiv 1A hdg ins 2004 No. 49s 18 om 2010 No. 5s 58 pt 6 div 3 sdiv 1B hdg ins 2004 No. 49s 23 om 2010 No. 5s 58 pt 6 div 3 sdiv 2 hdg om 2010 No. 5s 58 pt 6 div 3 sdiv 3 hdg sub 2008 No. 18s 14 om 2010 No. 5s 58 pt 6 div 3 sdiv 4 hdg om 2010 No. 5s 58 pt 6 div 4 hdg sub 2004 No. 49s 30 om 2010 No. 5s 58 pt 6 div 4A hdg ins 2008 No. 18s 29 om 2010 No. 5s 58 pt 6 div 5 hdg om 2010 No. 5s 58 pt 6 div 6 hdg om 2010 No. 5s 58 Chapter 8A Register of regulated persons who provide home-based care services ch 8A hdg ins 2010 No. 33s 110 amd 2014 No. 28s 62 sub 2019 No. 18s 60 Part 1 Preliminary ch 8A pt 1 hdg ins 2010 No. 33s 110 sub 2019 No. 18s 60 357A Definitions for chapter In this chapter— associated adult, of a regulated person for a home-based care service, see section 357D. authorised user see section 357E. foster or kinship care see section 357B(a). home-based care service see section 357B. home-based family day care service see section 357B(b). home-based stand-alone care service see section 357B(c). register means the register kept under section 357F. regulated person see section 357C. s 357A ins 2010 No. 33s 110 amd 2014 No. 28ss 61, 62, 63 sub 2019 No. 18s 60 357B Meaning of home-based care service Each of the following services is a home-based care service—

(a) care provided to a child by an approved foster carer, or approved kinship carer, under the Child Protection Act 1999 (foster or kinship care);

(b) care provided to a child as part of a family day care service provided in a family day care residence (home-based family day care service);

(c) a stand-alone service provided to a child in the home of a carer in relation to the service (home-based stand-alone care service).

s 357B ins 2010 No. 33s 110 sub 2019 No. 18s 60 357C Meaning of regulated person A person is a regulated person for a home-based care service if the person is—

(a) for foster or kinship care—the approved foster carer, or approved kinship carer, under the Child Protection Act 1999 who provides the care; or

(b) for a home-based family day care service—a family day care educator, or family day care educator assistant, under the Education and Care Services National Law (Queensland) who provides the service; or

s 357C ins 2010 No. 33s 110 amd 2014 No. 28ss 61, 62 sub 2019 No. 18s 60 357D Meaning of associated adult of a regulated person A person is an associated adult of a regulated person for a home-based care service if the person is—

(a) for a regulated person who is an approved foster carer or approved kinship carer under the Child Protection Act 1999—an adult member of the carer’s household under that Act; or

(b) for a regulated person who is a family day care educator or family day care educator assistant under the Education and Care Services National Law (Queensland) for a home-based family day care service—an adult occupant of the family day care residence from which the service is provided; or

(c) for a regulated person who is a carer or staff member for a home-based stand-alone care service—an adult occupant of the home from which the service is provided.

s 357D ins 2010 No. 33s 110 amd 2014 No. 28ss 61, 62, 64 sub 2019 No. 18s 60 357E Who is an authorised user Each of the following is an authorised user—

(a) the chief executive (child safety);

(b) the chief executive (education and care);

(d) a police officer;

(e) the public guardian under the Public Guardian Act 2014;

(f) a person appointed under the Public Guardian Act 2014, section 109 as—

(i) a community visitor (child); or

(ii) both a community visitor (adult) and a community visitor (child); or

(iii) a child advocacy officer;

(g) an appropriately qualified public service employee authorised to access the register by the chief executive or a person mentioned in paragraph (a), (b) or (e);

(h) an appropriately qualified staff member under the Police Service Administration Act 1990 authorised to access the register by the police commissioner.

s 357E ins 2010 No. 33s 110 amd 2014 No. 28ss 61, 62, 65 sub 2019 No. 18s 60 Part 2 Register ch 8A pt 2 hdg prev ch 8A pt 2 hdg ins 2010 No. 33s 110 om 2019 No. 18s 60 pres ch 8A pt 2 hdg ins 2019 No. 18s 60 357F Register of regulated persons who provide home-based care service to children (1) The chief executive must keep an up-to-date register of regulated persons who provide a home-based care service. (2) The purpose of the register is to promote the safety of children by enabling authorised users to access up-to-date information about—

(a) a regulated person who provides a home-based care service; and

(b) each person who is an associated adult of the regulated person for the home-based care service.

(3) The chief executive may keep the register in the form the chief executive considers appropriate. s 357F prev s 357F ins 2010 No. 33s 110 amd 2014 No. 28s 61 om 2019 No. 18s 60 pres s 357F ins 2019 No. 18s 60 357G Contents of the register (1) The register must contain the following information, to the extent the information is known by the chief executive, about each regulated person for a home-based care service—

(a) the information that is reasonably necessary to identify and contact the person, including, for example—

(i) full name and any former names or aliases; and

(ii) contact details; and

(iii) date and place of birth;

(b) the type of each home-based care service for which the person is, or has been, a regulated person;

(d) information about a working with children authority the person holds or previously held;

(e) information about an associated adult of the person, including the information mentioned in paragraphs (a), (c) and (d) about the adult;

(f) other information prescribed by regulation about—

(i) the person; or

(ii) a home-based care service for which the person is, or has been, a regulated person; or

(iii) an associated adult of the person for a home-based care service mentioned in subparagraph (ii).

(2) The register may also contain—

(a) information mentioned in subsection (1) about a person who was, but is no longer—

(i) a regulated person for a home-based care service; or

(ii) an associated adult of a regulated person for a home-based care service; and

(b) other information the chief executive considers appropriate—

(i) to ensure the register is accurate, comprehensive and usable; or

(ii) for the effective and efficient operation of the register.

s 357G prev s 357G ins 2010 No. 33s 110 amd 2014 No. 28s 61 om 2019 No. 18s 60 pres s 357G ins 2019 No. 18s 60 357H Access to register The chief executive may allow an authorised user to access information in the register. s 357H prev s 357H ins 2010 No. 33s 110 amd 2014 No. 28ss 61, 62 om 2019 No. 18s 60 pres s 357H ins 2019 No. 18s 60 357I Use, disclosure and giving of access to confidential information (1) This section applies to a person—

(a) who is, or has been, an authorised user and, in that capacity was given, or given access to, confidential information in the register; or

(b) who is given, or given access to, confidential information in the register by a person mentioned in paragraph (a).

(2) The person must not use the information, or disclose or give access to the information to anyone else, unless the use, disclosure or giving of access is allowed under subsection (3). Maximum penalty—100 penalty units. (3) The person may use the information, or disclose or give access to the information to another person, if the use, disclosure or giving of access—

(a) is to identify, assess or monitor a risk, or potential risk, to the safety or welfare of a child being provided care through a home-based care service; or

(b) is to establish whether or not a regulated person—

(i) has made a working with children check application; or

(ii) holds a working with children authority; or

(i) a regulated person for a home-based care service; or

(ii) an associated adult of a regulated person for a home-based care service; or

(d) is reasonably required to discharge a function under a law; or

(e) is required for a proceeding in a court or tribunal; or

(f) is authorised under a regulation or another law; or

(g) is related to the operation of the register, including, for example, auditing access to the information in the register.

s 357I prev s 357I ins 2010 No. 33s 110 amd 2014 No. 28s 61 om 2014 No. 28s 66 pres s 357I ins 2019 No. 18s 60 Part 3 ch 8A pt 3 hdg ins 2010 No. 33s 110 om 2019 No. 18s 60 Part 4 ch 8A pt 4 hdg ins 2010 No. 33s 110 om 2014 No. 28s 66 357J s 357J ins 2010 No. 33s 110 amd 2014 No. 28ss 61, 62 om 2014 No. 28s 66 357K s 357K ins 2010 No. 33s 110 amd 2014 No. 28s 61 om 2014 No. 28s 66 357L s 357L ins 2010 No. 33s 110 amd 2014 No. 28s 61 om 2014 No. 28s 66 357M s 357M ins 2010 No. 33s 110 amd 2014 No. 28s 61 om 2014 No. 28s 66 357N s 357N ins 2010 No. 33s 110 amd 2014 No. 28s 61 om 2014 No. 28s 66 Part 5 ch 8A pt 5 hdg ins 2010 No. 33s 110 amd 2014 No. 28s 61 om 2019 No. 18s 60 Division 1 ch 8A pt 5 div 1 hdg ins 2010 No. 33s 110 om 2019 No. 18s 60 357O s 357O ins 2010 No. 33s 110 amd 2014 No. 28ss 61, 62, 67 om 2019 No. 18s 60 357P s 357P ins 2010 No. 33s 110 amd 2014 No. 28s 61 om 2019 No. 18s 60 Division 2 ch 8A pt 5 div 2 hdg ins 2010 No. 33s 110 om 2019 No. 18s 60 357Q s 357Q ins 2010 No. 33s 110 amd 2014 No. 28ss 61, 62 om 2019 No. 18s 60 Part 6 ch 8A pt 6 hdg ins 2010 No. 33s 110 om 2019 No. 18s 60 357R s 357R ins 2010 No. 33s 110 amd 2014 No. 28ss 61, 62, 68 om 2019 No. 18s 60 357S s 357S ins 2010 No. 33s 110 amd 2014 No. 28ss 61, 62 om 2019 No. 18s 60 357T s 357T ins 2010 No. 33s 110 amd 2014 No. 28ss 61, 62, 69 om 2019 No. 18s 60 Chapter 9 Provisions about QCAT proceedings ch 9 hdg (prev pt 6A hdg) ins 2009 No. 24s 37 sub 2010 No. 5s 56(3)sch 2 amdt 1 Part 1 QCAT proceedings about child-related employment review ch 9 pt 1 hdg ins 2010 No. 5s 56(3)sch 2 amdt 1 358 Definitions for pt 1 In this part— child-related employment decision means a chapter 8 reviewable decision s 358 def child-related employment decision amd 2010 No. 5s 56(3)sch 2 amdt 69 constituting members means the member or members of QCAT constituting it for the proceeding concerned. QCAT child-related employment review means a review by QCAT of a child-related employment decision. QCAT president means the president of QCAT. s 358 (prev s 128A) ins 2009 No. 24s 37 amd 2010 No. 5s 56(3)sch 2 amdt 1 renum 2010 No. 5s 56(3)sch 2 amdt 80 359 Application of pt 1 This part applies for a child-related employment review. Note— The QCAT Act also applies for the review. s 359 (prev s 128B) ins 2009 No. 24s 37 amd 2010 No. 5s 56(3)sch 2 amdt 1 renum 2010 No. 5s 56(3)sch 2 amdt 80 360 Principle for reviewing child-related employment decision A child-related employment decision is to be reviewed under the principle that the welfare and best interests of a child are paramount. s 360 (prev s 128C) ins 2009 No. 24s 37 renum 2010 No. 5s 56(3)sch 2 amdt 80 361 Proceeding must always be held in private (1) A hearing of a proceeding for a QCAT child-related employment review must be held in private. (2) However, the following are entitled to be present at the proceeding—

(a) each party to the proceeding;

(b) if, under an Act, a party is entitled to be represented by someone else at the proceeding, the party’s representative;

(d) a person allowed to be present to support a party;

(e) a person allowed to be present to support a witness, while the witness is giving evidence;

(f) a person allowed to be present by QCAT.

(3) This section is subject to the QCAT Act, section 220. Editor’s note— QCAT Act , section 220 (Tribunal may exclude person) s 361 (prev s 128D) ins 2009 No. 24s 37 renum 2010 No. 5s 56(3)sch 2 amdt 80 362 Applications on behalf of children (1) An application for a child-related employment review may be made on behalf of a child only with the permission of the QCAT president. (2) The QCAT president may give permission only if the president considers—

(a) the person is not, on the person’s own behalf, entitled to apply for the child-related employment review; and

(b) it is in the child’s best interests that the application be made; and

s 362 (prev s 128E) ins 2009 No. 24s 37 renum 2010 No. 5s 56(3)sch 2 amdt 80 363 Withdrawal of application for review (1) An applicant may withdraw an application made on behalf of a child under section 362 only with leave of the QCAT president or QCAT. (2) The QCAT president or QCAT may give leave under subsection (1) only if the president or QCAT considers that, having regard to the child’s views or wishes, if any, it is in the child’s best interests that the application be withdrawn. s 363 (prev s 128F) ins 2009 No. 24s 37 amd 2010 No. 5s 56(3)sch 2 amdt 70 renum 2010 No. 5s 56(3)sch 2 amdt 80 364 Children must not be compelled to give evidence (1) A child must not be compelled to give evidence in a proceeding for a QCAT child-related employment review. (2) Without limiting subsection (1), QCAT may not require a child to do the either of the following under the QCAT Act, section 97(1)—

(a) attend a hearing of a proceeding to give evidence;

(b) produce a stated document or other thing to QCAT.

(3) Before a child gives evidence in a proceeding, QCAT must satisfy itself that the child is willing to give the evidence. s 364 (prev s 128G) ins 2009 No. 24s 37 renum 2010 No. 5s 56(3)sch 2 amdt 80 365 Children giving evidence (1) This section applies if, in a proceeding for a QCAT child-related employment review—

(a) a child is giving evidence; and

(b) section 367 does not apply.

(2) Only the following persons may be present while the child gives evidence—

(a) the constituting members;

(b) the child’s support person if the child has a support person and agrees to that person’s presence.

s 365 (prev s 128H) ins 2009 No. 24s 37 amd 2010 No. 5s 56(3)sch 2 amdt 71 renum 2010 No. 5s 56(3)sch 2 amdt 80 366 Questioning of children (1) This section applies if, in a proceeding for a QCAT child-related employment review—

(a) a child is giving evidence; and

(b) section 367 does not apply.

(2) The child must not be cross-examined. (3) Also, only the constituting members may ask questions of the child. s 366 (prev s 128I) ins 2009 No. 24s 37 amd 2010 No. 5s 56(3)sch 2 amdt 71 renum 2010 No. 5s 56(3)sch 2 amdt 80 367 Provisions for QCAT child-related employment reviews (1) This section applies if—

(a) a child applies to QCAT for review of a child-related employment decision or a person makes the application on the child’s behalf; and

(b) in a proceeding for the review, the child elects to give evidence.

(2) Before the child gives evidence, QCAT must tell the child that—

(a) he or she may be cross-examined by QCAT or a party to the proceeding; and

(b) he or she may, at any time while the cross-examination is continuing, refuse to be further cross-examined; and

(3) If the child acts under subsection (2)(b), the application is taken to have been withdrawn and the review stops. s 367 (prev s 128J) ins 2009 No. 24s 37 renum 2010 No. 5s 56(3)sch 2 amdt 80 Part 2 QCAT to give statistical information to chief executive ch 9 pt 2 hdg (prev pt 6B hdg) ins 2009 No. 24s 37 sub 2010 No. 5s 56(3)sch 2 amdt 1 amd 2014 No. 28s 70 368 QCAT’s principal registrar to give statistical information to chief executive (1) QCAT’s principal registrar must, from time to time, give the chief executive statistical information about—

(a) the number and types of child-related employment decisions for which applications were made to QCAT for review; and

(b) QCAT’s decisions on the applications.

(2) The information must not identify the parties (other than the decision-maker) to, or other persons taking part in, a review by QCAT. s 368 (prev s 128K) ins 2009 No. 24s 37 renum 2010 No. 5s 56(3)sch 2 amdt 80 amd 2011 No. 38s 60; 2013 No. 44s 263 sub 2014 No. 28s 71 pt 7 hdg om 2010 No. 5s 59 pt 7 div 1 hdg om 2010 No. 5s 59 pt 7 div 2 hdg om 2010 No. 5s 59 pt 7 div 3 hdg om 2010 No. 5s 59 pt 7 div 4 hdg om 2010 No. 5s 59 Chapter 10 General ch 10 hdg (prev pt 7A hdg) ins 2004 No. 13s 81 sub 2010 No. 5s 56(3)sch 2 amdt 1 Part 1 Requirement to keep register about persons employed in regulated employment ch 10 pt 1 hdg prev ch 10 pt 1 hdg ins 2010 No. 5s 56(3)sch 2 amdt 1 om 2014 No. 26s 209 pres ch 10 pt 1 hdg ins 2024 No. 50s 111 369 Employer must keep register (1) This section applies to a person (the employer) who employs another person (an employee) in regulated employment. (2) The employer must keep a register that complies with subsection (3) about the employer’s employees. Maximum penalty—50 penalty units. (3) The register must include—

(a) the name and date of birth of each employee who has made a working with children check application; and

(b) for each employee who holds a working with children authority—

(i) the name and date of birth of the employee; and

(ii) the day the term of the employee’s authority ends; and

(iii) any reference number or other identifying number given by the chief executive for the employee’s authority; and

(i) the name and date of birth of the employee; and

(ii) whether the employer considers the employee is a restricted person; and

(d) the name and date of birth of each employee who is not required to apply for a working with children authority.

s 369 prev s 369 (prev s 140A) ins 2004 No. 13s 81 amd 2005 No. 40s 69sch; 2010 No. 5s 56(3)sch 2 amdts 1, 72–73 renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2014 No. 26s 209 pres s 369 ins 2024 No. 50s 111 Part 1A Powers to audit and monitor for compliance ch 10 pt 1A hdg ins 2024 No. 50s 111 370 Purpose of part The purpose of this part is to set out the powers the chief executive may use when performing the function of auditing or monitoring compliance under section 8(b). s 370 prev s 370 (prev s 140B) ins 2004 No. 13s 81 amd 2009 No. 24s 38 renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2014 No. 26s 209 pres s 370 ins 2024 No. 50s 111 370A Application of part (1) This part applies in relation to the following persons or entities—

(a) a person in regulated employment;

(b) a person or entity who employs another person in regulated employment;

(d) a person performing a child-related duty in a public sector entity;

(e) any other person the chief executive reasonably considers may hold information relevant to the chief executive’s main functions under section 8.

(2) In this section— child-related duty see the Public Sector Act 2022, section 57. s 370A ins 2024 No. 50s 111 370B Obtaining information from persons (1) The chief executive may, by written notice, ask a person for information that the chief executive reasonably believes is necessary for the chief executive to perform the function under section 8(b) of auditing or monitoring compliance with this Act. (2) The chief executive may state the way the person must give the information to the chief executive, including that the information be given—

(a) in a statement setting out the information related to the matters being audited or monitored; or

(b) as documents related to the matters being audited or monitored.

(3) The person must comply with the request on or before the day stated in the notice unless the person has a reasonable excuse. Maximum penalty—50 penalty units. s 370B ins 2024 No. 50s 111 370C Dealing with information obtained under part (1) The chief executive may do the following with documents obtained under this part—

(a) keep the documents for the period necessary for the chief executive to perform the function under section 8(b) of auditing or monitoring compliance with this Act;

(b) make copies of, or take extracts from, the documents.

(2) If the chief executive has possession of the documents, the chief executive must permit a person, who would be entitled to inspect the documents if the chief executive did not have possession, to inspect the documents at all reasonable times. s 370C ins 2024 No. 50s 111 Part 2 When chief executive may give notice other than in writing ch 10 pt 2 hdg (prev pt 8 hdg) sub 2010 No. 5s 56(3)sch 2 amdt 1 amd 2014 No. 28s 72 pt 8 div 1 hdg om 2010 No. 5s 56(3)sch 2 amdt 1 371 Application of pt 2 This part applies if, under this Act, the chief executive is required to give written notice to a person about a decision made or action taken by the chief executive. s 371 (prev s 141) amd 2010 No. 5s 56(3)sch 2 amdts 1, 27 renum 2010 No. 5s 56(3)sch 2 amdt 80 amd 2014 No. 28s 72 372 Person asks for notice other than in writing (1) This section applies if the person asks the chief executive not to notify the person by written notice but to use another way of communication. (2) The chief executive must communicate with the person in the requested way, to the extent it is reasonable for the chief executive to do so, instead of giving the written notice. s 372 (prev s 142) renum 2010 No. 5s 56(3)sch 2 amdt 80 amd 2014 No. 28s 72 373 Written notice inappropriate (1) This section applies if the chief executive considers—

(a) if the written notice is given—

(i) the rights, interests or wellbeing of a child may be adversely affected; or

(ii) the health or safety of the person, or of someone else, may be put at risk; or

(iii) an investigation by the chief executive will be prejudiced; or

(b) for another reason, it would not be appropriate to give the written notice in the circumstances.

(2) The chief executive may communicate with the person in a way the chief executive considers appropriate instead of giving the written notice. (3) If the person asks the chief executive to give the written notice to the person’s lawyer or other nominated representative, the chief executive must do so. s 373 (prev s 143) renum 2010 No. 5s 56(3)sch 2 amdt 80 amd 2014 No. 28s 72 374 Chief executive must keep record If, under this part, the chief executive does not give the written notice, the chief executive must keep a written record of—

(a) the reasons for not giving the written notice; and

(b) the way the chief executive told the person about the decision or action; and

(d) the substance of the communication.

s 374 (prev s 144) amd 2010 No. 5s 56(3)sch 2 amdt 27 renum 2010 No. 5s 56(3)sch 2 amdt 80 amd 2014 No. 28ss 72, 73 Part 3 Evidence and legal proceedings ch 10 pt 3 hdg (prev pt 8 div 2 hdg) sub 2010 No. 5s 56(3)sch 2 amdt 1 375 Working with children card is evidence of authority (1) A working with children card issued to a person other than a police officer or registered teacher is evidence that the person holds a working with children clearance. (2) A working with children card issued to a police officer or registered teacher is evidence that the police officer or teacher holds a working with children authority. s 375 (prev s 144A) ins 2004 No. 49s 44 renum 2010 No. 5s 56(3)sch 2 amdt 80 sub 2019 No. 18s 61 376 Evidentiary provisions (1) This section applies to a proceeding under or in relation to this Act. (2) A signature purporting to be the signature of the chief executive is evidence of the signature it purports to be. (3) A certificate purporting to be signed by the chief executive stating any of the following matters is evidence of the matter—

(a) a stated document is a copy of a notice given or issued under this Act;

(b) on a stated day, a stated person was given a stated notice under this Act.

s 376 (prev s 145) amd 2004 No. 36s 52 renum 2010 No. 5s 56(3)sch 2 amdt 80 sub 2014 No. 28s 74 377 Indictable and summary offences (1) An offence against this Act is an indictable offence, and a crime, if the maximum penalty for the offence is—

(a) 500 penalty units or more; or

(b) 5 years imprisonment or more.

(3) Otherwise, an offence against this Act is a summary offence. s 377 (prev s 146) amd 2004 No. 49s 45; 2008 No. 18s 44; 2010 No. 5s 60 renum 2010 No. 5s 56(3)sch 2 amdt 80 amd 2014 No. 28s 75; 2019 No. 18s 62 378 Proceedings for indictable offences (1) A proceeding for an indictable offence against this Act may be taken, at the election of the prosecution—

(a) by way of summary proceedings under the Justices Act 1886; or

(b) on indictment.

(2) A magistrate must not hear an indictable offence summarily if—

(a) the magistrate is satisfied, at any stage of the hearing and after hearing any submissions by the prosecution and defence, that because of the nature or seriousness of the offence or any other relevant consideration the defendant, if convicted, may not be adequately punished on summary conviction; or

(b) the magistrate is satisfied, on an application made by the defence, that because of exceptional circumstances the offence should not be heard and decided summarily.

(3) If subsection (2) applies—

(a) the magistrate must proceed by way of an examination of witnesses for an indictable offence; and

(b) a plea of the person charged at the start of the proceeding must be disregarded; and

(c) evidence brought in the proceeding before the magistrate decided to act under subsection (2) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and

(d) before committing the person for trial or sentence, the magistrate must make a statement to the person as required by the Justices Act 1886, section 104(2)(b).

(4) The maximum penalty that may be summarily imposed for an indictable offence is 100 penalty units or 3 years imprisonment. s 378 (prev s 147) renum 2010 No. 5s 56(3)sch 2 amdt 80 amd 2019 No. 18s 63 379 Limitation on who may summarily hear indictable offence proceedings (1) A proceeding must be before a magistrate if it is a proceeding—

(a) for the summary conviction of a person on a charge for an indictable offence; or

(b) for an examination of witnesses for a charge for an indictable offence.

(2) However, if a proceeding for an indictable offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991. s 379 (prev s 148) renum 2010 No. 5s 56(3)sch 2 amdt 80 380 Proceeding for offences A proceeding for an offence against this Act, other than an indictable offence, must be taken in a summary way under the Justices Act 1886. s 380 (prev s 149) renum 2010 No. 5s 56(3)sch 2 amdt 80 381 When proceeding may start A proceeding for an offence against this Act may be started within—

(a) 1 year after the offence is committed; or

(b) 1 year after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.

s 381 (prev s 150) renum 2010 No. 5s 56(3)sch 2 amdt 80 382 s 382 (prev s 151) renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2014 No. 28s 76 383 s 383 (prev s 151A) ins 2004 No. 49s 46 renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2013 No. 51s 20 Part 4 Confidentiality ch 10 pt 4 hdg (prev pt 8 div 3 hdg) sub 2010 No. 5s 56(3)sch 2 amdt 1 384 Confidentiality of protected information (1) This section applies to a person who—

(a) is or has been—

(i) a public service employee employed in the department; or

(ii) a member of an advisory committee; or

(iii) an expert advisor; and

(b) in that capacity, was given, or given access to, any of the following information (protected information) about a person—

(i) police information and information related to the police information;

(ii) domestic violence information and information related to the domestic violence information;

(iii) disciplinary information;

(iv) adverse interstate WWC information;

(v) information about the person’s mental health, including, for example, information about a proceeding in the Mental Health Court or the Mental Health Review Tribunal about the person;

(vi) other information that the chief executive has considered in making an employment-screening decision about the person, including, for example, information given to the chief executive by the chief executive (disability worker screening) under the Disability Services Act 2006, section 138ZG or an interstate screening unit.

(2) Also, this section applies to a person who is or has been—

(a) the Minister and, in that capacity, received a report under section 395 that contains protected information; or

(b) a member of the Minister’s staff and, in that capacity, was given, or given access to, a report or information mentioned in paragraph (a).

(3) The person must not use the protected information, or disclose or give access to the protected information to anyone else, unless the use, disclosure or giving or access is allowed under subsection (4). Maximum penalty—100 penalty units or 2 years imprisonment. (4) The person may use the protected information, or disclose or give access to the protected information to another person if the use, disclosure or giving of access—

(a) is for the purpose of an employment-screening decision; or

(b) for protected information other than a section 93A transcript or a transcript of a recorded statement—is for the purpose of obtaining advice for, or giving advice to the Minister, in relation to the protected information; or

(d) is expressly permitted under chapter 8 or section 395; or

(e) is for research purposes under section 398B; or

(f) is otherwise required under a law.

s 384 (prev s 152) amd 2004 No. 36s 53; 2006 No. 17s 48; 2010 No. 5s 61 renum 2010 No. 5s 56(3)sch 2 amdt 80 amd 2010 No. 33s 111; 2014 No. 28s 77 sub 2019 No. 18s 64 amd 2020 No. 39s 55; 2022 No. 7ss 92, 127; 2022 No. 12s 50; 2024 No. 50s 112 385 Confidentiality of other information (1) This section applies to a person who—

(a) is or has been—

(i) the Minister or a member of the Minister’s staff; or

(ii) a public service employee employed in the department; or

(iii) a member of an advisory committee; or

(iv) an expert advisor; and

(b) in that capacity, was given or given access to confidential information.

(2) However, this section does not apply in relation to confidential information that is protected information under section 384. (3) The person must not use the confidential information, or disclose or give access to the confidential information to anyone else, unless the use, disclosure or giving of access is allowed under subsection (4). Maximum penalty—100 penalty units. (4) The person may use the confidential information, or disclose or give access to the confidential information to another person, if the use, disclosure or giving of access—

(a) is for the purpose of this Act; or

(b) is for the purpose of obtaining advice for, or giving advice to, the Minister in relation to the confidential information; or

(d) is for a proceeding in a court or tribunal; or

(e) is authorised under a regulation or another law; or

(f) happens with the consent of the person to whom the confidential information relates; or

(g) is for a purpose directly related to a child’s protection or welfare.

s 385 (prev s 153) amd 2004 No. 36s 54; 2006 No. 17s 49; 2010 No. 5s 56(3)sch 2 amdts 74–75 renum 2010 No. 5s 56(3)sch 2 amdt 80 amd 2014 No. 28s 78; 2019 No. 18s 86(1)sch 1 sub 2020 No. 39s 56 amd 2024 No. 50s 113 386 s 386 (prev s 154) amd 2010 No. 5s 56(3)sch 2 amdt 76 renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2014 No. 28s 79 Part 5 ch 10 pt 5 hdg (prev pt 8 div 4 hdg) sub 2010 No. 5s 56(3)sch 2 amdt 1 om 2014 No. 28s 80 387 s 387 (prev s 155) renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2014 No. 28s 80 388 s 388 (prev s 156) renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2014 No. 28s 80 389 s 389 (prev s 157) renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2014 No. 28s 80 Part 6 Miscellaneous ch 10 pt 6 hdg (prev pt 8 div 5 hdg) sub 2010 No. 5s 56(3)sch 2 amdt 1 390 Meaning of parent (1) A parent of a child is the child’s mother, father or someone else, other than the chief executive (child safety), having or exercising parental responsibility for the child. (2) However, a person standing in the place of a parent of a child on a temporary basis is not a parent of the child. (3) A parent of an Aboriginal child includes a person who, under Aboriginal tradition, is regarded as a parent of the child. (4) A parent of a Torres Strait Islander child includes a person who, under Island custom, is regarded as a parent of the child. s 390 (prev s 158) amd 2004 No. 13s 30sch 1 renum 2010 No. 5s 56(3)sch 2 amdt 80 391 s 391 (prev s 159) amd 2004 No. 13s 82 renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2014 No. 26s 210 392 s 392 (prev s 160) renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2014 No. 26s 210 393 Protection from liability (1) An official does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act. (2) If subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the State. (3) In this section— official means—

(a) the Minister or a member of the Minister’s staff; or

(b) a member of an advisory committee; or

s 393 (prev s 161) amd 2004 No. 13s 83; 2004 No. 36s 55; 2006 No. 17s 50 renum 2010 No. 5s 56(3)sch 2 amdt 80 amd 2014 No. 28s 81; 2024 No. 50s 114 394 s 394 (prev s 162) renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2014 No. 28s 82 395 Reports by chief executive (1) The chief executive may provide the Minister with a report relating to the administration of this Act, including the performance and exercise of the chief executive’s functions and powers under this Act. (2) The chief executive must provide the Minister with a report of a type mentioned in subsection (1) if the Minister asks for it. (3) A report under this section—

(a) may relate to matters generally or to a particular matter; or

(b) may include confidential information about a person obtained under chapter 8 or 8A, including—

(i) protected information under section 384; and

(ii) confidential information to which section 385 applies.

(4) The chief executive must ensure the department’s annual report under the Financial Accountability Act 2009 for a financial year includes information about the number of times the Minister asked the chief executive for a report under this section during the year. s 395 (prev s 163) sub 2006 No. 17s 51 amd 2010 No. 5s 56(3)sch 2 amdt 77 renum 2010 No. 5s 56(3)sch 2 amdt 80 amd 2014 No. 28s 83; 2020 No. 39s 57 396 Duty of police commissioner to comply with request for information (1) The section applies if a provision of this Act imposes a duty on the police commissioner to comply with a request for information. (2) The duty applies only to information in the commissioner’s possession or to which the commissioner has access. s 396 prev s 396 (prev s 163A) ins 2004 No. 13s 84 amd 2006 No. 17s 52; 2009 No. 9s 136sch 1 renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2014 No. 28s 84 pres s 396 ins 2024 No. 50s 115 397 Chief executive may enter into arrangement about giving and receiving information with police commissioner (1) This section applies only to the extent that another provision under this Act allows the chief executive to give information to the police commissioner or the police commissioner to give information to the chief executive. (2) The chief executive and the police commissioner may enter into a written arrangement by which the information is given or received. (3) Without limiting subsection (2), the arrangement may provide for the electronic transfer of information, including on a daily basis. (4) However, if information is to be electronically transferred and, under this Act, there is a limitation on who may access the information or the purposes for which the information may be used, the arrangement must provide for the limitation. s 397 (prev s 164) sub 2004 No. 49s 47 renum 2010 No. 5s 56(3)sch 2 amdt 80 amd 2014 No. 28s 85 398 Chief executive may enter into arrangement with chief executive (child safety) (1) The chief executive and the chief executive (child safety) may enter into a written arrangement about the administration of chapter 8 in relation to—

(a) a person who is or is likely to be engaged in regulated employment mentioned in schedule 1, section 14; or

(b) a regulated business mentioned in schedule 1, section 24.

(2) Without limiting subsection (1), the arrangement may provide for the electronic transfer of information, including on a daily basis, held by the chief executive about the person or business. (3) However, if information is to be electronically transferred and, under this Act, there is a limitation on who may access the information or the purposes for which the information may be used, the arrangement must provide for the limitation. s 398 (prev s 164A) ins 2006 No. 17s 53 amd 2010 No. 5s 56(3)sch 2 amdt 78 renum 2010 No. 5s 56(3)sch 2 amdt 80 amd 2014 No. 28s 86 398A Chief executive may arrange for use of information system (1) The chief executive may approve a system (an information system) for—

(a) generating, sending, receiving, storing or otherwise processing electronic communications between the chief executive and another person; or

(b) generating a decision of the chief executive, other than—

(i) a decision about whether the person poses a risk to the safety of children; or

(ii) a decision about whether to issue a working with children authority; or

(iii) another decision prescribed by regulation.

(2) The chief executive must take all reasonable steps to ensure that a decision generated by an information system is correct. (3) A decision generated by an information system is taken to be a decision made by the chief executive. (4) The chief executive may make a decision in substitution for a decision the chief executive is taken to have made under subsection (3) if the chief executive is satisfied that the decision generated by the information system is incorrect. s 398A ins 2019 No. 18s 65 amd 2024 No. 50s 116 398B Access and use of information for research purposes (1) The chief executive may give access to de-identified data collected under this Act about working with children checks, working with children authorities and negative notices if—

(a) the chief executive is satisfied that a person or public sector entity given access to the data—

(i) is conducting research that is consistent with the objects of this Act or a function of the chief executive under this Act (approved research); and

(ii) has appropriate qualifications or experience to carry out the approved research; and

(b) in the chief executive’s opinion, the data is reasonably necessary for the approved research.

(2) The chief executive may impose conditions on the use of the data. (3) A person must comply with a condition imposed by the chief executive, unless the person has a reasonable excuse. Maximum penalty—100 penalty units. (4) The chief executive may publish guidelines about the matters mentioned in subsection (1). s 398B ins 2024 No. 50s 117 399 Delegation by chief executive (1) The chief executive may delegate the chief executive’s functions under this or another Act to—

(a) an appropriately qualified public service employee employed in the department; or

(b) another individual who the chief executive considers is an appropriately qualified person to exercise the functions delegated to the person.

(2) In this section— functions includes powers. s 399 (prev s 165) amd 2004 No. 13s 85 renum 2010 No. 5s 56(3)sch 2 amdt 80 sub 2014 No. 28s 87 400 Approved forms The chief executive may approve forms for use under this Act. s 400 (prev s 166) renum 2010 No. 5s 56(3)sch 2 amdt 80 amd 2014 No. 28s 88 401 Regulation-making power (1) The Governor in Council may make regulations under this Act. (2) A regulation may—

(a) provide for procedures, processes and systems in relation to receiving, withdrawing, dealing with and deciding combined applications; and

(b) prescribe fees payable under the Act and provide for the fees to be refunded or waived; and

(3) Without limiting subsection (2), a regulation may prescribe a fee for the chief executive giving information under the Education (Queensland College of Teachers) Act 2005, section 15D. s 401 (prev s 167) amd 2004 No. 49s 48; 2010 No. 5s 62 renum 2010 No. 5s 56(3)sch 2 amdt 80 amd 2014 No. 28s 89; 2019 No. 19s 77; 2020 No. 39s 58; 2024 No. 50s 118 Chapter 11 Transitional and other provisions Note— This Act, including this chapter, was renumbered by the Criminal History Screening Legislation Amendment Act 2010. Cross-references to provisions of this Act appearing in this chapter have not been updated except to change references to ‘division’ or ‘div’ in a part of this chapter to ‘part’ or ‘pt’. The remaining cross-references remain as they were immediately before the renumbering. ch 11 note ins 2010 No. 5s 63 ch 11 hdg (prev pt 9 hdg) sub 2007 No. 40s 4; 2010 No. 5s 56(3)sch 2 amdt 1 Part 1 ch 11 pt 1 hdg (prev pt 9 div 1 hdg) sub 2010 No. 5s 56(3)sch 2 amdt 1 om 2024 No. 50s 119 402 s 402 (prev s 168) renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2024 No. 50s 119 Part 2 ch 11 pt 2 hdg (prev pt 9 div 2 hdg) sub 2010 No. 5s 56(3)sch 2 amdt 1 om 2024 No. 50s 119 403 s 403 (prev s 169) amd 2010 No. 5s 56(3)sch 2 amdt 27 renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2024 No. 50s 119 404 s 404 (prev s 170) renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2024 No. 50s 119 405 s 405 (prev s 171) renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2024 No. 50s 119 406 s 406 (prev s 172) renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2024 No. 50s 119 407 s 407 (prev s 173) renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2024 No. 50s 119 Part 3 ch 11 pt 3 hdg (prev pt 9 div 3 hdg) sub 2010 No. 5s 56(3)sch 2 amdt 1 om 2024 No. 50s 119 408 s 408 (prev s 174) renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2024 No. 50s 119 Part 4 ch 11 pt 4 hdg (prev pt 9 div 4 hdg) ins 2002 No. 55s 196sch 1 sub 2010 No. 5s 56(3)sch 2 amdt 1 om 2024 No. 50s 119 409 s 409 (prev s 175) ins 2002 No. 55s 196sch 1 amd 2010 No. 5s 56(3)sch 2 amdt 27 renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2024 No. 50s 119 410 s 410 (prev s 176) ins 2002 No. 55s 196sch 1 renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2024 No. 50s 119 411 s 411 (prev s 177) ins 2002 No. 55s 196sch 1 renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2024 No. 50s 119 412 s 412 (prev s 178) ins 2002 No. 55s 196sch 1 renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2024 No. 50s 119 Part 5 ch 11 pt 5 hdg (prev pt 9 div 5 hdg) ins 2003 No. 88s 7 sub 2010 No. 5s 56(3)sch 2 amdt 1 om 2024 No. 50s 119 413 s 413 (prev s 179) ins 2003 No. 88s 7 amd 2010 No. 5s 56(3)sch 2 amdts 1, 27 renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2024 No. 50s 119 414 s 414 (prev s 180) ins 2003 No. 88s 7 renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2024 No. 50s 119 415 s 415 (prev s 181) ins 2003 No. 88s 7 amd 2007 No. 36s 2sch renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2024 No. 50s 119 416 s 416 (prev s 182) ins 2003 No. 88s 7 renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2024 No. 50s 119 Part 6 ch 11 pt 6 hdg (prev pt 9 div 6 hdg) ins 2004 No. 13s 86 sub 2010 No. 5s 56(3)sch 2 amdt 1 om 2024 No. 50s 119 417 s 417 (prev s 183) ins 2004 No. 13s 86 renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2024 No. 50s 119 418 s 418 (prev s 184) ins 2004 No. 13s 86 renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2024 No. 50s 119 419 s 419 (prev s 185) ins 2004 No. 13s 86 renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2024 No. 50s 119 420 s 420 (prev s 186) ins 2004 No. 13s 86 renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2024 No. 50s 119 421 s 421 (prev s 187) ins 2004 No. 13s 86 renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2024 No. 50s 119 Part 7 ch 11 pt 7 hdg (prev pt 9 div 7 hdg) ins 2004 No. 49s 49 sub 2010 No. 5s 56(3)sch 2 amdt 1 om 2024 No. 50s 119 422 s 422 (prev s 188) ins 2004 No. 49s 49 renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2024 No. 50s 119 423 s 423 (prev s 189) ins 2004 No. 49s 49 amd 2007 No. 36s 2sch renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2024 No. 50s 119 424 s 424 (prev s 190) ins 2004 No. 49s 49 amd 2007 No. 36s 2sch renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2024 No. 50s 119 425 s 425 (prev s 191) ins 2004 No. 49s 49 renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2024 No. 50s 119 426 s 426 (prev s 192) ins 2004 No. 49s 49 renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2024 No. 50s 119 427 s 427 (prev s 193) ins 2004 No. 49s 49 renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2024 No. 50s 119 428 s 428 (prev s 194) ins 2004 No. 49s 49 renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2024 No. 50s 119 429 s 429 (prev s 195) ins 2004 No. 49s 49 renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2024 No. 50s 119 Part 8 ch 11 pt 8 hdg (prev pt 9 div 8 hdg) sub 2010 No. 5s 56(3)sch 2 amdt 1 om 2024 No. 50s 119 430 s 430 (prev s 196) ins 2006 No. 17s 54 amd 2010 No. 5s 56(3)sch 2 amdts 1, 27 renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2024 No. 50s 119 431 s 431 (prev s 197) ins 2006 No. 17s 54 amd 2010 No. 5s 56(3)sch 2 amdts 1, 27 renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2024 No. 50s 119 432 s 432 (prev s 198) ins 2006 No. 17s 54 renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2024 No. 50s 119 433 s 433 (prev s 199) ins 2006 No. 17s 54 renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2024 No. 50s 119 434 s 434 (prev s 200) ins 2006 No. 17s 54 renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2024 No. 50s 119 435 s 435 (prev s 201) ins 2006 No. 17s 54 renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2024 No. 50s 119 436 s 436 (prev s 202) ins 2006 No. 17s 54 renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2024 No. 50s 119 437 s 437 (prev s 203) ins 2006 No. 17s 54 renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2024 No. 50s 119 438 s 438 (prev s 204) ins 2006 No. 17s 54 renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2024 No. 50s 119 439 s 439 (prev s 205) ins 2006 No. 17s 54 amd 2010 No. 5s 56(3)sch 2 amdt 27 renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2024 No. 50s 119 440 s 440 (prev s 206) ins 2006 No. 17s 54 renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2024 No. 50s 119 Part 9 ch 11 pt 9 hdg (prev pt 9 div 9 hdg) ins 2006 No. 17s 55 sub 2010 No. 5s 56(3)sch 2 amdt 1 om 2024 No. 50s 119 441 s 441 (prev s 207) ins 2006 No. 17s 55 amd 2010 No. 5s 56(3)sch 2 amdts 1, 27 renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2024 No. 50s 119 442 s 442 (prev s 208) ins 2006 No. 17s 55 renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2024 No. 50s 119 443 s 443 (prev s 209) ins 2006 No. 17s 55 renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2024 No. 50s 119 444 s 444 (prev s 210) ins 2006 No. 17s 55 renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2024 No. 50s 119 445 s 445 (prev s 211) ins 2006 No. 17s 55 renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2024 No. 50s 119 446 s 446 (prev s 212) ins 2006 No. 17s 55 renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2024 No. 50s 119 Part 10 ch 11 pt 10 hdg (prev pt 9 div 10 hdg) ins 2007 No. 40s 5 sub 2010 No. 5s 56(3)sch 2 amdt 1 om 2024 No. 50s 119 447 s 447 (prev s 213) ins 2007 No. 40s 5 amd 2010 No. 5s 56(3)sch 2 amdts 1, 27 renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2024 No. 50s 119 448 s 448 (prev s 214) ins 2007 No. 40s 5 renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2024 No. 50s 119 449 s 449 (prev s 215) ins 2007 No. 40s 5 renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2024 No. 50s 119 450 s 450 (prev s 216) ins 2007 No. 40s 5 renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2024 No. 50s 119 Part 11 ch 11 pt 11 hdg (prev pt 9 div 11 hdg) ins 2008 No. 18s 45 sub 2010 No. 5s 56(3)sch 2 amdt 1 om 2024 No. 50s 119 451 s 451 (prev s 217) ins 2008 No. 18s 45 amd 2010 No. 5s 56(3)sch 2 amdts 1, 27 renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2024 No. 50s 119 452 s 452 (prev s 218) ins 2008 No. 18s 45 renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2024 No. 50s 119 453 s 453 (prev s 219) ins 2008 No. 18s 45 renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2024 No. 50s 119 454 s 454 (prev s 220) ins 2008 No. 18s 45 renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2024 No. 50s 119 455 s 455 (prev s 221) ins 2008 No. 18s 45 renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2024 No. 50s 119 456 s 456 (prev s 222) ins 2008 No. 18s 45 renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2024 No. 50s 119 457 s 457 (prev s 223) ins 2008 No. 18s 45 renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2024 No. 50s 119 458 s 458 (prev s 224) ins 2008 No. 18s 45 renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2024 No. 50s 119 459 s 459 (prev s 225) ins 2008 No. 18s 45 amd 2010 No. 5s 56(3)sch 2 amdt 1 renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2024 No. 50s 119 460 s 460 (prev s 226) ins 2008 No. 18s 45 amd 2010 No. 5s 56(3)sch 2 amdt 1 renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2024 No. 50s 119 461 s 461 (prev s 227) ins 2008 No. 18s 45 renum 2010 No. 5s 56(3)sch 2 amdt 80 amd 2013 No. 14s 54sch om 2024 No. 50s 119 462 s 462 (prev s 228) ins 2008 No. 18s 45 renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2024 No. 50s 119 463 s 463 (prev s 229) ins 2008 No. 18s 45 renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2024 No. 50s 119 Part 12 ch 11 pt 12 hdg (prev pt 9 div 12 hdg) ins 2008 No. 55s 150sch sub 2010 No. 5s 56(3)sch 2 amdt 1 om 2024 No. 50s 119 464 s 464 (prev s 231) ins 2008 No. 55s 150sch amd 2010 No. 5s 56(3)sch 2 amdt 79 renum 2010 No. 5s 56(3)sch 2 amdt 80 om 2024 No. 50s 119 Part 13 Transitional provisions for Criminal History Screening Legislation Amendment Act 2010 ch 11 pt 13 hdg ins 2010 No. 5s 64 Division 1 Preliminary ch 11 pt 13 div 1 hdg ins 2010 No. 5s 64 465 Definitions for pt 13 In this part— amending Act means the Criminal History Screening Legislation Amendment Act 2010. commencement means the commencement of this section. disability services regulated business means a business that is a regulated business because the usual activities of the business include, or are likely to include, the provision of a service at a child-related service outlet of a funded non-government service provider. disability services regulated employment means employment that is regulated employment because—

(a) the employer is a funded non-government service provider; and

(b) 1 or more of the usual functions of the employment are carried out, or are likely to be carried out, at a child-related service outlet of the funded non-government service provider.

health student regulated business means a business that is a regulated business because the usual activities of the business include, or are likely to include, a health student providing a service to a child in the health student’s capacity as a health student. health student regulated employment means employment that is regulated employment because the usual functions of the employment include, or are likely to include, a health student providing a service to a child in the health student’s capacity as a health student. new disqualified person means a person who is a disqualified person only because—

(a) the person has been or is convicted of a new disqualifying offence; or

(b) the person is subject to a sexual offender order; or

new disqualifying offence means an offence that is a disqualifying offence under this Act but was not a disqualifying offence under this Act immediately before the commencement. new local government regulated business means a business that is a regulated business under section 156 but was not a regulated business under previous section 97, and is carried on by a local government. new local government regulated employment means employment that is regulated employment under section 156 but was not regulated employment under previous section 97, if the employer is a local government. new relevant disqualified person means a person who is a relevant disqualified person only because—

(a) the person has been or is convicted of a new disqualifying offence for which an imprisonment order was or is imposed; or

(b) the person is subject to a sexual offender order; or

other new regulated business means a business that is a regulated business under section 156 but was not a regulated business under previous section 97, and is not any of the following—

(a) a disability services regulated business;

(b) a health student regulated business;

other new regulated employment means employment that is regulated employment under section 156 but was not regulated employment under previous section 97, and is not any of the following—

(a) disability services regulated employment;

(b) health student regulated employment;

prescribed police information means a report or other information mentioned in section 136(2) of the unamended Act. previous section 97 means section 97 of this Act as in force immediately before the commencement. staff member has the meaning under section 129 of the unamended Act. unamended Act means this Act as in force from time to time before the commencement. s 465 ins 2010 No. 5s 64 Division 2 Transitional provisions relating to chapter 8 ch 11 pt 13 div 2 hdg ins 2010 No. 5s 64 466 Existing applications for prescribed notice about employment that is no longer regulated employment (1) This section applies to an application for a prescribed notice made under section 100 of the unamended Act that—

(a) has not been decided or withdrawn at the commencement; and

(b) relates to the employment of a person in former regulated employment.

(2) The application is taken to have been withdrawn. (3) The commissioner must—

(a) give written notice of the withdrawal to—

(i) the person; and

(ii) each notifiable person for the person; and

(b) refund any fee paid for the application.

(4) In this section— former regulated employment means employment that is not regulated employment under section 156 but was regulated employment under previous section 97. s 466 ins 2010 No. 5s 64 467 Existing applications for prescribed notice about a business that is no longer a regulated business (1) This section applies to an application for a prescribed notice made under section 101 of the unamended Act that—

(a) has not been decided or withdrawn at the commencement; and

(b) relates to carrying on a former regulated business.

(2) The application is taken to have been withdrawn. (3) The commissioner must—

(a) give written notice of the withdrawal to—

(i) the person; and

(ii) each notifiable person for the person; and

(b) refund any fee paid for the application.

(4) In this section— former regulated business means a business that is not a regulated business under section 156 but was a regulated business under previous section 97. s 467 ins 2010 No. 5s 64 468 Existing applications for prescribed notice about person convicted of new disqualifying offence (1) This section applies to an application for a prescribed notice made under section 100 or 101 of the unamended Act that—

(a) has not been decided or withdrawn at the commencement; and

(b) relates to a person who has been or is convicted of a new disqualifying offence but who is not a new relevant disqualified person.

(2) If, at the time of the application, the person did not hold a positive notice or held a positive notice that was suspended under section 119C of the unamended Act—

(a) the application is taken to have been withdrawn; and

(b) the commissioner must give written notice of the withdrawal to—

(i) the person; and

(ii) each notifiable person for the person.

(3) If, at the time of the application, the person held a positive notice that was not suspended under section 119C of the unamended Act—

(a) the person is taken to have been issued with an eligibility declaration other than for section 223(1)(b); and

(b) the commissioner must decide the application under this Act.

s 468 ins 2010 No. 5s 64 469 Existing applications for prescribed notice about new relevant disqualified person (1) This section applies to an application for a prescribed notice made under section 100 or 101 of the unamended Act that—

(a) has not been decided or withdrawn at the commencement; and

(b) relates to a person who is a new relevant disqualified person.

(2) The application is taken to have been withdrawn. (3) The commissioner must give written notice of the withdrawal to—

(a) the person; and

(b) each notifiable person for the person.

s 469 ins 2010 No. 5s 64 470 Other existing applications for prescribed notice (1) This section applies to an application for a prescribed notice (existing application) that—

(a) was made under section 100 or 101 of the unamended Act; and

(b) has not been decided or withdrawn at the commencement; and

(2) The application is taken to be a prescribed notice application under the relevant provision (chapter 8 application) and, subject to subsection (5), chapter 8, part 4 applies to the application. (3) Subject to subsection (4), anything done or existing in relation to the existing application is taken to have been done or existing in relation to the chapter 8 application. Examples for subsection (3)—

1 The commissioner has given the person about whom the existing application is made a notice asking for stated information, including by way of a submission. The notice is taken to have been given in relation to the chapter 8 application.

2 The commissioner has requested police information about the person about whom the existing application is made from the police commissioner. The request is taken to have been made in relation to the chapter 8 application.

(4) Subsection (3) applies only to the extent the thing can be done or in existence in relation to the chapter 8 application. (5) Despite section 231(2), a prescribed notice issued under this section remains current for 2 years after it is issued, unless it is earlier cancelled under chapter 8, part 4, division 11. (6) In this section— relevant provision means—

(a) for an application under section 100 of the unamended Act—section 199; or

(b) for an application under section 101 of the unamended Act—section 211.

s 470 ins 2010 No. 5s 64 471 Existing positive notices held by new relevant disqualified person because of interim order (1) This section applies in relation to a positive notice issued under section 102(2)(a) of the unamended Act (including a positive notice that, immediately before the commencement, is suspended under section 119C of the unamended Act) to a person who is a new relevant disqualified person only because the person is subject to an interim sexual offender order. (2) If the positive notice is not suspended under section 119C of the unamended Act immediately before the commencement, the commissioner must, by written notice given to the person, suspend the person’s positive notice. (3) The written notice must state the matters mentioned in section 240(3). (4) If the positive notice is suspended under section 119C of the unamended Act immediately before the commencement and the suspension has not ended at the commencement, the suspension continues subject to subsection (5). (5) Sections 240 and 241 apply to the suspended positive notice as if the notice were suspended under section 240(2). s 471 ins 2010 No. 5s 64 472 Existing positive notices held by other new relevant disqualified persons (1) This section applies in relation to a positive notice issued under section 102(2)(a) of the unamended Act (including a positive notice that, immediately before the commencement, is suspended under section 119C of the unamended Act) to a person who is a new relevant disqualified person other than a person mentioned in section 471(1). (2) The positive notice is cancelled. (3) If, immediately before the commencement, the positive notice is suspended under section 119C of the unamended Act, any application for the cancellation of the suspension under section 119D of the unamended Act that has not been decided or withdrawn at the commencement is taken to have been withdrawn. (4) The commissioner must give notice of the cancellation of the positive notice to—

(a) the person; and

(b) each notifiable person for the person.

(5) A notice mentioned in subsection (4)—

(a) must state that the positive notice is cancelled and the date the positive notice is cancelled; and

(b) is taken, for sections 194, 195, 256 and 257, to be a notice that a negative notice has been issued to the person on the date the positive notice is cancelled.

s 472 ins 2010 No. 5s 64 473 Other existing positive notices and positive notice blue cards (1) This section applies in relation to a positive notice issued under section 102(2)(a) of the unamended Act that is current under this Act immediately before the commencement, other than a positive notice to which section 471 or 472 applies. (2) The positive notice—

(a) is taken to be a positive notice issued under section 220(a); and

(b) remains current for 2 years after it was issued under section 102(2)(a) of the unamended Act, unless it is earlier cancelled under chapter 8, part 4, division 11.

(3) Any positive notice blue card issued under the unamended Act for the positive notice—

(a) continues to be a positive notice blue card relating to the positive notice; and

(b) remains current for the same period as the positive notice.

(4) If the holder of the positive notice is a new disqualified person (but not a new relevant disqualified person), the person is taken to have been issued with an eligibility declaration, subject to subsection (5). (5) If, after the commencement, the commissioner is to make, under chapter 8, part 4, division 9 (including as applied under other provisions of chapter 8), a decision about the holder of a positive notice who is a new disqualified person, and it is the first time the commissioner is to make a decision under that division about the person after the commencement, section 223(1)(b) does not apply to the commissioner making the decision. s 473 ins 2010 No. 5s 64 474 Existing negative notices (1) A negative notice issued under section 102(2)(b) of the unamended Act that is current under the unamended Act immediately before the commencement is taken to be a negative notice issued under section 220(b). (2) For subsection (1), the 2 year period mentioned in section 236(3) runs from the date the negative notice was issued under section 102(2)(b) of the unamended Act. s 474 ins 2010 No. 5s 64 475 Application of ch 8 to police officers and registered teachers (1) Section 173 and chapter 8, part 5 do not take effect until 3 months after the commencement (the exemption notice regime commencement date). (2) Chapter 8, part 4 applies in relation to a police officer or registered teacher until the exemption notice regime commencement date—

(a) with any necessary changes; and

(b) subject to this part.

(3) A prescribed notice application about a police officer or registered teacher that has not been decided or withdrawn at the exemption notice regime commencement date must be decided under chapter 8, part 4 despite section 173. (4) An eligibility application made by a police officer or registered teacher that has not been decided or withdrawn at the exemption notice regime commencement date is taken to have been withdrawn, and the commissioner must give written notice of the withdrawal to the police officer or registered teacher. (5) A current positive notice or current negative notice held by a police officer or registered teacher at the exemption notice regime commencement date, or issued under this part, continues in effect despite section 173, and section 247 applies in relation to the notice. (6) Without limiting subsection (2)(a), until the exemption notice regime commencement date, sections 36 and 243 apply as if they provided for the issue of a prescribed notice, instead of an exemption notice, to a person who is a police officer or registered teacher. s 475 ins 2010 No. 5s 64 476 Application of ch 8 to disability services regulated employment (1) Chapter 8 does not apply to the employment of a person in disability services regulated employment until 3 months after the commencement (disability services commencement date). (2) Subsection (3) applies to a person who, at the disability services commencement date—

(a) is employed in disability services regulated employment; and

(b) does not have a current positive notice; and

(i) has a current positive notice under the Disability Services Act 2006 (DSA positive notice); or

(ii) has an application for a prescribed notice under the Disability Services Act 2006 that has not been decided or withdrawn (DSA application).

(3) The relevant regulatory provisions do not apply in relation to the employment of the person until—

(a) for a person who has a DSA positive notice—the earlier of the following—

(i) the expiry or cancellation of the person’s DSA positive notice under the Disability Services Act 2006;

(ii) 12 months after the disability services commencement date; or

(b) for a person who has a DSA application—

(i) if the person is issued with a DSA positive notice—12 months after the disability services commencement date; or

(ii) if the person is issued with a negative notice under the Disability Services Act 2006—the day the negative notice is issued; or

(iii) if the person’s DSA application is withdrawn before it is decided—the day the DSA application is withdrawn.

Note— See, however, sections 194 to 196 and 256 to 258. (4) Section 323 does not apply to a person mentioned in subsection (2) until the first prescribed notice application or exemption notice application about the person is made after the disability services commencement date. (5) In this section— relevant regulatory provisions means—

(a) for a person who is not a police officer or registered teacher and is employed in disability services regulated employment as a volunteer—section 188; or

(b) for a person who is not a police officer or registered teacher and is employed in disability services regulated employment other than as a volunteer—sections 191 to 193; or

s 476 ins 2010 No. 5s 64 477 Application of ch 8 to disability services regulated businesses (1) Chapter 8 does not apply to the carrying on of a disability services regulated business until 3 months after the commencement (disability services commencement date). (2) Subsection (3) applies to a person who, at the disability services commencement date—

(a) is carrying on a disability services regulated business; and

(b) does not have a current positive notice or current negative notice; and

(i) has a current positive notice under the Disability Services Act 2006 (DSA positive notice); or

(ii) has an application for a prescribed notice under the Disability Services Act 2006 that has not been decided or withdrawn (DSA application).

(3) Sections 197 and 259 do not apply to the person carrying on the disability services regulated business until—

(a) if the person holds a DSA positive notice—the earlier of the following—

(i) the expiry or cancellation of the person’s DSA positive notice under the Disability Services Act 2006;

(ii) 12 months after the disability services commencement date; or

(b) for a person who has a DSA application—

(i) if the person is issued with a DSA positive notice—12 months after the disability services commencement date; or

(ii) if the person is issued with a negative notice under the Disability Services Act 2006—the day the negative notice is issued; or

(iii) if the person’s DSA application is withdrawn before it is decided—the day the DSA application is withdrawn.

(4) Section 323 does not apply to a person mentioned in subsection (2) until the first prescribed notice application or exemption notice application about the person is made after the disability services commencement date. s 477 ins 2010 No. 5s 64 478 Application of ch 8 to new local government regulated employment (1) Chapter 8 does not apply to the employment of a person in new local government regulated employment until 3 months after the commencement (local government commencement date). (2) Subsections (3) to (5) apply to a person who, at the local government commencement date—

(a) is employed in new local government regulated employment; and

(b) does not have a current positive notice.

(3) If the person is not a police officer or registered teacher and is employed in the new local government regulated employment as a volunteer, section 188 does not apply in relation to the employment of the person until—

(a) if a prescribed notice application about the person is made before or during the transitional period and is not withdrawn—the day a prescribed notice is issued to the employee; or

(b) if a prescribed notice application about the person is made before or during the transitional period and is withdrawn—the day the application is withdrawn; or

(c) if a prescribed notice application about the person is not made before or during the transitional period—the transitional period ends.

Note— See, however, sections 195 and 196. (4) If the person is not a police officer or registered teacher and is employed in the new local government regulated employment other than as a volunteer and the person does not have a current positive notice, sections 191 to 193 do not apply in relation to the employment of the person until the transitional period ends. Note— See, however, sections 194 to 196. (5) If the person is a police officer or registered teacher, sections 251 and 253 to 255 do not apply in relation to the employment of the person until the transitional period ends. Note— See, however, sections 256 to 258. (6) Section 323 does not apply to a person mentioned in subsection (2) until the first prescribed notice application or exemption notice application about the person is made after the commencement. (7) In this section— transitional period means the period—

(a) starting on the local government commencement date; and

(b) ending 12 months after the local government commencement date.

s 478 ins 2010 No. 5s 64 479 Application of ch 8 to new local government regulated business (1) Chapter 8 does not apply to the carrying on of a new local government regulated business until 3 months after the commencement (local government commencement date). (2) Subsections (3) and (4) apply to a person who, at the local government commencement date—

(a) is carrying on a new local government regulated business; and

(b) does not have a current positive notice or current negative notice.

(3) If the person is not a police officer or registered teacher, section 197 does not apply to the person carrying on the local government regulated business until—

(a) if the person applies for a prescribed notice before or during the transitional period and does not withdraw the application—the day a prescribed notice is issued to the person; or

(b) if the person applies for a prescribed notice before or during the transitional period and withdraws the application—the day of the withdrawal; or

(c) if the person does not apply for a prescribed notice before or during the transitional period—the transitional period ends.

(4) If the person is a police officer or registered teacher, section 259 does not apply to the person carrying on the local government regulated business until the transitional period ends. (5) Section 323 does not apply to a person mentioned in subsection (2) until the first prescribed notice application or exemption notice application about the person is made after the commencement. (6) In this section— transitional period means the period—

(a) starting on the local government commencement date; and

(b) ending 12 months after the local government commencement date.

s 479 ins 2010 No. 5s 64 480 Employing persons in other new regulated employment (1) Subsections (2) and (3) apply if, immediately before the commencement—

(a) a person (the employee) was employed or was continuing to be employed by another person (the employer) in other new regulated employment as a volunteer; and

(b) at the commencement, the person does not have a current positive notice.

(2) If the employee is not a police officer or registered teacher, section 188 does not apply in relation to the employment of the employee until—

(a) if a prescribed notice application about the person is made before or during the transitional period and is not withdrawn—the day a prescribed notice is issued to the employee; or

(b) if a prescribed notice application about the person is made before or during the transitional period and is withdrawn—the day the application is withdrawn; or

(c) if a prescribed notice application about the person is not made before or during the transitional period—the transitional period ends.

Note— See, however, sections 195 and 196. (3) If the employee is a police officer or registered teacher, section 251 does not apply in relation to the employment of the employee until the transitional period ends. Note— See, however, sections 257 and 258. (4) Subsections (5) and (6) apply if, immediately before the commencement—

(a) a person (the employee) was employed or was continuing to be employed by another person (the employer) in other new regulated employment other than as a volunteer; and

(b) at the commencement, the person does not have a current positive notice.

(5) If the employee is not a police officer or registered teacher, sections 191 to 193 do not apply in relation to the employment of the employee until the transitional period ends. Note— See, however, sections 194 to 196. (6) If the employee is a police officer or registered teacher, sections 253 to 255 do not apply in relation to the employment of the employee until the transitional period ends. Note— See, however, sections 256 to 258. (7) Section 323 does not apply to an employee mentioned in subsection (1) or (4) until the first prescribed notice application or exemption notice application about the person is made after the commencement. (8) In this section— transitional period means—

(a) if the employer for the other new regulated employment is a government entity—the period starting at the commencement and ending 12 months after the commencement; or

(b) otherwise—the period starting at the commencement and ending 6 months after the commencement.

s 480 ins 2010 No. 5s 64 481 Carrying on other new regulated business (1) This section applies if, immediately before the commencement—

(a) a person was carrying on an other new regulated business; and

(b) at the commencement, the person does not have a current positive notice or current negative notice.

(2) If the person is not a police officer or registered teacher, section 197 does not apply to the person carrying on the other new regulated business until—

(a) if the person applies for a prescribed notice before or during the transitional period and does not withdraw the application—the day a prescribed notice is issued to the person; or

(b) if the person applies for a prescribed notice before or during the transitional period and withdraws the application—the day of the withdrawal; or

(c) if the person does not apply for a prescribed notice before or during the transitional period—the transitional period ends.

(3) If the person is a police officer or registered teacher, section 259 does not apply to the person carrying on the other new regulated business until the transitional period ends. (4) Section 323 does not apply to a person mentioned in subsection (1) until the first prescribed notice application or exemption notice application about the person is made after the commencement. (5) In this section— transitional period means—

(a) if the person carrying on the other new regulated business is a government entity—the period starting at the commencement and ending 12 months after the commencement; or

(b) otherwise—the period starting at the commencement and ending 6 months after the commencement.

s 481 ins 2010 No. 5s 64 482 Effect of conviction for serious offence (1) This section applies in relation to a person with a positive notice who is convicted of a serious offence before the commencement if, at the commencement, the person has not been issued a further prescribed notice as mentioned in section 111 of the unamended Act. (2) Section 322 applies to the person as if the conviction happened immediately after the commencement. (3) For subsection (2), if the person has given the person’s positive notice to the commissioner under section 117(2) of the unamended Act, the person is taken to have given the positive notice to the commissioner under section 322(2). (4) In this section— serious offence means serious offence as defined under the unamended Act. s 482 ins 2010 No. 5s 64 483 Existing applications to cancel negative notice (1) This section applies if—

(a) a person has applied for a cancellation of the person’s negative notice under section 118 of the unamended Act; and

(b) the application has not been decided or withdrawn at the commencement.

(2) If the application was made by a new relevant disqualified person—

(a) the application is taken to have been withdrawn; and

(b) the commissioner must give written notice of the withdrawal to the person.

(3) If the application is made by a person other than a new relevant disqualified person, the application is taken to have been made under section 236, and must be decided under that section. s 483 ins 2010 No. 5s 64 484 Existing suspensions of positive notice (1) This section applies if—

(a) the commissioner has given a notice under section 119C of the unamended Act (suspension notice) suspending a person’s positive notice; and

(b) the suspension has not ended at the commencement.

(2) The person’s positive notice is taken to have been suspended under section 240(2) and sections 240 and 241 apply to the suspended positive notice. (3) If the person has applied for the positive notice to be cancelled and a further positive notice or negative notice to be issued to the person under section 119D of the unamended Act, the application is taken to have been made under section 241 and the commissioner must decide the application under that section. (4) This section is subject to sections 471 and 472. s 484 ins 2010 No. 5s 64 485 Continuation if commissioner acting on own initiative (1) This section applies if—

(a) before the commencement, the commissioner had started on the commissioner’s own initiative to exercise a power in relation to a person or a prescribed notice; and

(b) the commissioner may, immediately after the commencement, exercise the power under chapter 8.

(2) The commissioner may continue to exercise the power under chapter 8 in relation to the person or prescribed notice. (3) Subsection (2) applies even if the matters to which the commissioner may or must have regard in exercising the power, or any other powers that the commissioner may exercise in relation to exercising the power, are different under chapter 8. s 485 ins 2010 No. 5s 64 486 Effect of conviction or charge for new disqualifying offence (1) For applying section 169(1)(a) or 170(a) in relation to a person convicted of a new disqualifying offence, it is immaterial as to when the offence was committed or when the person was convicted of the offence. Example— A new disqualifying offence may have been committed, and the person convicted of the offence, before the commencement. (2) Section 240 applies in relation to a person who holds a current positive notice who is charged with a new disqualifying offence even if the charge, or the acts or omissions constituting the alleged offence, happened before the commencement. s 486 ins 2010 No. 5s 64 487 Replacement of positive notice or positive notice blue card (1) This section applies if—

(a) a person’s current positive notice or current positive notice blue card is lost or stolen 14 days or less before the commencement; and

(b) at the commencement, the person has not applied for a replacement notice or card as required under section 120 of the unamended Act.

(2) Section 120 of the unamended Act does not apply to the person. (3) Section 347 applies to the person as if the reference to 14 days after the loss or theft were a reference to the later of the following—

(a) 14 days after the loss or theft;

(b) 7 days after the commencement.

s 487 ins 2010 No. 5s 64 488 Existing eligibility application by new relevant disqualified person (1) This section applies to an application for an eligibility declaration that—

(a) was made under section 120F of the unamended Act by a new relevant disqualified person; and

(b) has not been decided or withdrawn at the commencement.

(2) The application is taken to have been withdrawn. (3) The commissioner must give written notice of the withdrawal to the person. s 488 ins 2010 No. 5s 64 489 Other existing eligibility applications (1) This section applies to an application for an eligibility declaration (existing application) that—

(a) was made under section 120F of the unamended Act by a person other than a new relevant disqualified person; and

(b) has not been decided or withdrawn at the commencement.

(2) The existing application is taken to be an eligibility application under section 178 (section 178 application) and chapter 8, part 4, division 2 applies to the application. (3) Anything done or existing in relation to the existing application is taken to have been done or existing in relation to the section 178 application. Examples for subsection (3)—

1 The commissioner has given the applicant a notice asking for stated information, including by way of a submission. The notice is taken to have been given in relation to the section 178 application.

2 The commissioner has requested police information about the applicant from the police commissioner. The request is taken to have been made in relation to the section 178 application.

(4) Subsection (3) applies only to the extent the thing can be done or in existence in relation to the section 178 application under chapter 8, part 4, division 2. s 489 ins 2010 No. 5s 64 490 Existing decisions on eligibility applications (1) An eligibility declaration issued under section 120H of the unamended Act to a new relevant disqualified person is cancelled. (2) An eligibility declaration issued under section 120H of the unamended Act to a person other than a new relevant disqualified person is taken to be an eligibility declaration issued under section 180. (3) The reference to a refusal of an eligibility application in section 178(2) is taken to include a reference to a refusal of an eligibility application under section 120H of the unamended Act. (4) Section 186 applies to a refusal under section 120H of the unamended Act of an eligibility application made by a person other than a new relevant disqualified person. s 490 ins 2010 No. 5s 64 491 Existing reviews and appeals by new disqualified person (1) This section applies if—

(a) before the commencement, a person—

(i) applied for a review of a decision of the commissioner under section 121 of the unamended Act; or

(ii) appealed under the QCAT Act against a decision of QCAT relating to a review of a decision under section 121 of the unamended Act; and

(b) the review or appeal has not been decided at the commencement; and

(2) The entity hearing the review or appeal, or any proceeding relating to the review or appeal, must dismiss the review or appeal or the proceeding. s 491 ins 2010 No. 5s 64 492 Other existing reviews and appeals (1) This section applies if—

(a) before the commencement, a person—

(i) applied for a review of a decision of the commissioner under section 121 of the unamended Act; or

(ii) appealed under the QCAT Act against a decision of QCAT relating to a review of a decision under section 121 of the unamended Act; and

(b) the review or appeal has not been decided at the commencement; and

(2) The entity hearing the review or appeal must apply this Act in relation to the matter the subject of the review or appeal. (3) Without limiting subsection (2), the entity may exercise a power of the commissioner under chapter 8, part 6, divisions 6 and 7 for deciding a review of or appeal against a decision of the commissioner as to whether or not there is an exceptional case for a person. (4) Subsection (5) applies if a disqualified person applied for the review or the review to which the appeal relates before the person became a disqualified person. (5) The entity hearing the review or appeal, or any proceeding in relation to the review or appeal, must dismiss the review or appeal, or the proceeding, on its own initiative or on application by the commissioner. s 492 ins 2010 No. 5s 64 493 Person may apply for a review of a decision (1) This section applies to a decision of the commissioner made before the commencement if—

(a) immediately before the commencement, a person could have, but has not, applied for a review of the decision under section 121 of the unamended Act; and

(b) the period within which the person could have applied for the review (the review period) has not passed; and

(2) The person may apply for a review of the decision under section 354 within the review period. (3) To remove any doubt, it is declared that section 355 applies in relation to the application for the review. s 493 ins 2010 No. 5s 64 494 Police commissioner’s decision that information is investigative information (1) This section applies in relation to an offence (new investigative information offence) that—

(a) is a schedule 6 offence; but

(b) was not an offence mentioned in section 121A(1)(a) of the unamended Act.

(2) Section 305 applies in relation to a positive notice holder’s acts or omissions constituting a new investigative information offence even if the acts were committed or omissions were made before the commencement. s 494 ins 2010 No. 5s 64 495 Appeals against police commissioner’s decision that information is investigative information (1) Sections 121C to 121E of the unamended Act continue to apply in relation to a decision of the police commissioner that information about a person is investigative information made before the commencement as if the amending Act had not been enacted. (2) An appeal against a decision mentioned in subsection (1) must be decided under the unamended Act. s 495 ins 2010 No. 5s 64 496 Notice about withdrawal of application or negative notice (1) This section applies if—

(a) under section 123A of the unamended Act, the commissioner was required to give someone written notice about the withdrawal of an application or that a particular person has a current negative notice; and

(b) at the commencement, the notice has not been given.

(2) The commissioner must give the notice under section 123A of the unamended Act as if the amending Act had not been enacted. s 496 ins 2010 No. 5s 64 497 Dealing with information (1) Information obtained by the commissioner under part 6 of the unamended Act is taken to have been obtained under chapter 8. (2) Without limiting subsection (1), section 345 applies to the information as if the reference to using the information under chapter 8 in the section included a reference to using the information under part 6 of the unamended Act. s 497 ins 2010 No. 5s 64 498 Disqualification orders for acts done or omissions made before commencement A court may make a disqualification order under section 357 in relation to a person convicted of an offence after the commencement arising out of an act done or omission made before the commencement. s 498 ins 2010 No. 5s 64 Division 3 Transitional provisions relating to previous part 7 ch 11 pt 13 div 3 hdg ins 2010 No. 5s 64 499 Notice about change in criminal history not given at the commencement (1) This section applies if—

(a) before the commencement, there is a change in a staff member’s criminal history; and

(b) at the commencement, the staff member has not disclosed the details of the change to the commissioner as required by section 133 of the unamended Act.

(2) Despite section 133 of the unamended Act, the person is no longer required to give the details. s 499 ins 2010 No. 5s 64 500 Request for prescribed police information not complied with at the commencement (1) This section applies if—

(a) the commissioner has, under section 136 of the unamended Act, asked the police commissioner for prescribed police information about a person; and

(b) at the commencement, the police commissioner has not given the prescribed police information to the commissioner.

(2) Despite section 136(3) of the unamended Act, the police commissioner is no longer required to comply with the commissioner’s request. s 500 ins 2010 No. 5s 64 501 Particular prescribed police information obtained but not used before commencement (1) This section applies if—

(a) before the commencement, the police commissioner gave the commissioner a person’s prescribed police information under section 136 of the unamended Act; and

(b) at the commencement, the commissioner has not, in relation to the prescribed police information, made an assessment about the person’s suitability to be, or continue to be, a staff member under section 138 of the unamended Act.

(2) The commissioner must immediately—

(a) destroy the prescribed police information; and

(b) stop making the assessment.

s 501 ins 2010 No. 5s 64 amd 2010 No. 33s 112 502 Notice not given by prosecuting authority at the commencement (1) This section applies if—

(a) before the commencement, a staff member is charged with an indictable offence; and

(b) at the commencement, the police commissioner or director of public prosecutions (a prosecuting authority) has not given information about the charge to the commissioner as required by section 137 of the unamended Act.

(2) Despite section 137 of the unamended Act, the prosecuting authority is no longer required to give the information. s 502 ins 2010 No. 5s 64 503 Use of particular information obtained before commencement Section 138(2) of the unamended Act continues to apply in relation to information about a person received by the commissioner under part 7 of the unamended Act as if the amending Act had not been enacted. s 503 ins 2010 No. 5s 64 Division 4 Other transitional provision ch 11 pt 13 div 4 hdg ins 2010 No. 5s 64 504 References to Youth Justice Act 1992 (1) This section applies to a reference to the Youth Justice Act 1992 in a provision of this Act if the provision commences before the JJA short title amendment commences. (2) Until the JJA short title amendment commences, the reference is taken to be a reference to the Juvenile Justice Act 1992. (3) In this section— JJA short title amendment means the Juvenile Justice and Other Acts Amendment Act 2009, section 9. s 504 ins 2010 No. 5s 64 Part 14 ch 11 pt 14 hdg ins 2010 No. 33s 113 om 2024 No. 50s 119 505 s 505 ins 2010 No. 33s 113 om 2024 No. 50s 119 506 s 506 ins 2010 No. 33s 113 om 2024 No. 50s 119 507 s 507 ins 2010 No. 33s 113 om 2024 No. 50s 119 508 s 508 ins 2010 No. 33s 113 om 2024 No. 50s 119 Part 15 ch 11 pt 15 hdg ins 2013 No. 13s 9 om 2024 No. 50s 119 509 s 509 ins 2013 No. 13s 9 om 2024 No. 50s 119 Part 16 Transitional provisions for Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 ch 11 pt 16 hdg ins 2013 No. 14s 4 Division 1 Interpretation ch 11 pt 16 div 1 hdg ins 2013 No. 14s 4 510 Definitions for pt 16 In this part— amended Act means this Act as amended by the Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013. commencement means the commencement of this section. new disqualified person means a person who is a disqualified person only because the person has been convicted or is convicted of a new disqualifying offence. new disqualifying offence means an offence that is a disqualifying offence under this Act but was not a disqualifying offence under this Act immediately before the commencement. new relevant disqualified person means a person who is a relevant disqualified person only because the person has been convicted or is convicted of a new disqualifying offence for which an imprisonment order has been or is imposed. new serious offence means an offence that is a serious offence under this Act but was not a serious offence under this Act immediately before the commencement. s 510 ins 2013 No. 14s 4 Division 2 Eligibility applications and eligibility declarations ch 11 pt 16 div 2 hdg ins 2013 No. 14s 4 511 Existing eligibility application (1) This section applies if—

(a) before the commencement a person had made an eligibility application to the commissioner under section 178; and

(b) immediately before the commencement the person’s eligibility application had not been decided or withdrawn.

(2) At the commencement the commissioner must decide the application under the amended Act. Note— The commissioner may issue an eligibility declaration to a person if the person has been convicted of a disqualifying offence and is not a relevant disqualified person. See section 180(1). s 511 ins 2013 No. 14s 4 512 Current eligibility declaration for new relevant disqualified person (1) This section applies to a person if—

(a) before the commencement the commissioner had issued, or was taken to have issued, the person an eligibility declaration; and

(b) immediately before the commencement the person’s eligibility declaration had not expired; and

(2) At the commencement the person’s eligibility declaration is taken to have expired. Note— If the person also holds a positive notice, see section 519. s 512 ins 2013 No. 14s 4 513 Current eligibility declaration for person charged with new disqualifying offence or convicted of new serious offence (1) This section applies to a person if—

(a) before the commencement the commissioner had issued, or was taken to have issued, the person an eligibility declaration; and

(b) immediately before the commencement the person’s eligibility declaration had not expired; and

(i) was convicted of a new serious offence before the commencement; or

(ii) is charged with a new disqualifying offence at the commencement.

(2) At the commencement—

(a) the amended Act applies to the person’s eligibility declaration; and

(b) the person’s eligibility declaration is taken to have been issued on the commencement.

(3) If, after the commencement the commissioner is to make a decision under chapter 8, part 4, division 9 about the person, and it is the first time the commissioner is to make a decision under that division after the commencement, section 223(1)(b) does not apply to the commissioner making the decision. s 513 ins 2013 No. 14s 4 514 Other eligibility declarations (1) This section applies to a person if—

(a) before the commencement the commissioner had issued, or was taken to have issued, the person an eligibility declaration; and

(b) immediately before the commencement the person’s eligibility declaration had not expired; and

(2) At the commencement the amended Act applies to the person’s eligibility declaration. s 514 ins 2013 No. 14s 4 515 Existing application for reversal of decision refusing an eligibility declaration (1) This section applies if—

(a) before the commencement a person had made an application under section 186(2) to the commissioner; and

(b) immediately before the commencement the application had not been decided.

(2) At the commencement the amended Act applies and the commissioner may decide the application under the amended Act. s 515 ins 2013 No. 14s 4 Division 3 Prescribed notice applications and prescribed notices ch 11 pt 16 div 3 hdg ins 2013 No. 14s 4 516 Existing prescribed notice application by new relevant disqualified person (1) This section applies if—

(a) before the commencement a prescribed notice application had been made about a person; and

(b) immediately before the commencement the application had not been decided or withdrawn; and

(2) The person’s application is taken to be withdrawn. (3) The commissioner must give written notice about the withdrawal of the application to—

(a) the person; and

(b) each notifiable person for the person; and

s 516 ins 2013 No. 14s 4 517 Existing prescribed notice application if person charged with new disqualifying offence or is new disqualified person but not new relevant disqualified person (1) This section applies if—

(a) before the commencement a prescribed notice application had been made about a person; and

(b) immediately before the commencement the application had not been decided or withdrawn; and

(i) is charged with a new disqualifying offence; or

(ii) is a new disqualified person but not a new relevant disqualified person.

Note— If a person holds a positive notice, see also sections 520 and 521. (2) Subsection (3) applies if—

(a) at the commencement the person is charged with a new disqualifying offence; or

(b) at the commencement the person is a new disqualified person but not a new relevant disqualified person and, at the time of making the application—

(i) was not issued, or not taken to have been issued, an eligibility declaration; and

(ii) did not hold a positive notice.

(3) At the commencement—

(a) the application is taken to be withdrawn; and

(b) the commissioner must give written notice about the withdrawal of the application to—

(i) the person; and

(ii) each notifiable person for the person; and

(iii) if the person is the director of a school’s governing board—the accreditation board.

Note— If a person charged with a new disqualifying offence also holds a positive notice, see also sections 521 and 240. (4) Subsection (5) applies if the person is a new disqualified person but not a new relevant disqualified person and at the time of making the application the person—

(a) was not issued, or not taken to have been issued, an eligibility declaration; and

(b) held a positive notice that was not suspended.

(5) At the commencement—

(a) the person is taken to have been issued an eligibility declaration other than for section 223(1)(b); and

(b) the commissioner must decide the application under the amended Act.

(6) If the person is a new disqualified person but not a new relevant disqualified person and, at the time of the application the person was issued an eligibility declaration, at the commencement the commissioner must decide the application under the amended Act but section 223(1)(b) does not apply to the commissioner making the decision. (7) For subsections (3) and (6), if before the commencement the commissioner had under section 236 cancelled a negative notice issued to the person, on the commencement section 223(1)(a) does not apply to the commissioner making the decision. s 517 ins 2013 No. 14s 4 518 Other existing prescribed notice applications (1) This section applies if—

(a) before the commencement a prescribed notice application had been made about a person; and

(b) immediately before the commencement the application had not been decided or withdrawn; and

(2) At the commencement the commissioner must decide the application under the amended Act. s 518 ins 2013 No. 14s 4 519 Current positive notice for new relevant disqualified person (1) This section applies if—

(a) before the commencement a person held a positive notice; and

(b) immediately before the commencement the notice was current; and

(2) At the commencement the amended Act applies and the commissioner must cancel the person’s positive notice and substitute a negative notice under section 239. Note— Under section 246, a person must return their cancelled positive notice and any positive notice blue card relating to the positive notice to the commissioner. (3) Also, if the positive notice is suspended under section 240 or 242 at the commencement, any application for the cancellation of the suspension under section 241 or 243 that has not been decided or withdrawn at the commencement is taken to have been withdrawn. s 519 ins 2013 No. 14s 4 520 Current positive notice for new disqualified person other than new relevant disqualified person (1) This section applies if—

(a) before the commencement a person held a positive notice; and

(b) immediately before the commencement the notice was current; and

(2) If, at the commencement, the person’s positive notice is suspended under section 240 or 242, the amended Act applies in relation to the positive notice. (3) If, at the commencement, the person is not issued, or not taken to have been issued, an eligibility declaration and the person’s positive notice is not suspended under section 240 or 242—

(a) the person is taken to have been issued an eligibility declaration under section 180; and

(b) the amended Act applies in relation to the positive notice.

(4) If, at the commencement, the person is issued, or taken to have been issued, an eligibility declaration and the person’s positive notice is not suspended under section 240 or 242, the amended Act applies in relation to the person’s positive notice. (5) If, after the commencement the commissioner is to make a decision under chapter 8, part 4, division 9 about a person to whom this section applies, and it is the first time the commissioner is to make a decision under that division after the commencement, section 223(1)(b) does not apply to the commissioner making the decision. s 520 ins 2013 No. 14s 4 521 Other current positive notices (1) This section applies if—

(a) before the commencement a person held a positive notice; and

(b) immediately before the commencement the positive notice was current; and

(2) The amended Act applies to the person’s positive notice. s 521 ins 2013 No. 14s 4 Division 4 Exemption notice applications and exemption notices ch 11 pt 16 div 4 hdg ins 2013 No. 14s 4 522 Existing exemption notice application by new relevant disqualified person (1) This section applies if—

(a) before the commencement an exemption notice application was made about a person; and

(b) immediately before the commencement the application had not been decided or withdrawn; and

(2) The commissioner must decide the application under the amended Act. Note— See sections 285 and 224. s 522 ins 2013 No. 14s 4 523 Existing exemption notice application if person charged with new disqualifying offence or is new disqualified person but not new relevant disqualified person (1) This section applies if—

(a) before the commencement an exemption notice application was made about a person; and

(b) immediately before the commencement the application had not been decided or withdrawn; and

(i) is charged with a new disqualifying offence; or

(ii) is a new disqualified person but not a new relevant disqualified person.

(2) At the commencement the commissioner must decide the application under the amended Act. (3) However, if before the commencement the commissioner had under section 294 cancelled a negative exemption notice issued to the person, on the commencement section 223(1)(a) does not apply to the commissioner making the decision. (4) Also, the commissioner may only act under section 283 or 284 if the commissioner has acted under section 286 or 287 after the commencement. s 523 ins 2013 No. 14s 4 524 Other existing exemption notice applications (1) This section applies if—

(a) before the commencement an exemption notice application was made about a person; and

(b) immediately before the commencement the application had not been decided or withdrawn; and

(2) At the commencement the commissioner must decide the application under the amended Act. (3) Also, the commissioner may only act under section 283 or 284 if the commissioner has acted under section 286 or 287 after the commencement. s 524 ins 2013 No. 14s 4 525 Current positive exemption notice for new relevant disqualified person (1) This section applies if—

(a) before the commencement a person held a positive exemption notice; and

(b) immediately before the commencement the notice was current; and

(2) At the commencement the amended Act applies and the commissioner must cancel the person’s positive exemption notice and substitute a negative exemption notice under section 297. Note— Under section 304, a person must return their cancelled positive exemption notice to the commissioner. (3) Also, if the positive exemption notice is suspended under section 298 at the commencement, any application for the cancellation of the suspension under section 299 that has not been decided or withdrawn at the commencement is taken to have been withdrawn. s 525 ins 2013 No. 14s 4 526 Current positive exemption notice for person other than new relevant disqualified person (1) This section applies if—

(a) before the commencement a person held a positive exemption notice; and

(b) immediately before the commencement the notice was current; and

(2) At the commencement the amended Act applies to the positive exemption notice. s 526 ins 2013 No. 14s 4 Division 5 Existing applications for cancellation or ending suspension of prescribed notices and exemption notices ch 11 pt 16 div 5 hdg ins 2013 No. 14s 4 527 Existing application to cancel negative notice (1) This section applies if—

(a) before the commencement a person had applied to the commissioner to cancel the person’s negative notice under section 236; and

(b) immediately before the commencement, the application had not been decided.

(2) At the commencement—

(a) if the person is a new relevant disqualified person—

(i) the application is taken to be withdrawn; and

(ii) the commissioner must give written notice about the withdrawal of the application to the person; or

(b) if the person is not a new relevant disqualified person—the commissioner must decide the application under the amended Act.

s 527 ins 2013 No. 14s 4 528 Existing application to cancel negative exemption notice (1) This section applies if—

(a) before the commencement a person had applied to the commissioner to cancel the person’s negative exemption notice under section 294; and

(b) immediately before the commencement, the application had not been decided.

(2) At the commencement—

(a) if the person is a new relevant disqualified person—

(i) the application is taken to be withdrawn; and

(ii) the commissioner must give written notice about the withdrawal of the application to the person; or

(b) if the person is not a new relevant disqualified person—the commissioner must decide the application under the amended Act.

s 528 ins 2013 No. 14s 4 529 Existing application to end suspension of positive notice for person other than new relevant disqualified person (1) This section applies if—

(a) before the commencement a person had applied to the commissioner to cancel the person’s suspended positive notice under section 241 or 243; and

(b) immediately before the commencement the application had not been decided; and

(2) At the commencement the commissioner must decide the application under the amended Act. s 529 ins 2013 No. 14s 4 530 Existing application to end suspension of positive exemption notice for person other than new relevant disqualified person (1) This section applies if—

(a) before the commencement a person had applied to the commissioner to cancel the person’s suspended positive exemption notice under section 299; and

(b) immediately before the commencement the application had not been decided; and

(2) At the commencement the commissioner must decide the application under the amended Act. s 530 ins 2013 No. 14s 4 Division 6 Reviews and appeals ch 11 pt 16 div 6 hdg ins 2013 No. 14s 4 531 Undecided reviews and appeals by new disqualified persons (1) This section applies if—

(a) before the commencement, a person—

(i) applied, under section 354, for a review of a chapter 8 reviewable decision; or

(ii) appealed, under the QCAT Act, against a decision of QCAT relating to a chapter 8 reviewable decision; and

(b) at the commencement—

(i) the application or appeal has not been decided; and

(ii) the person is a new disqualified person.

(2) The application or appeal, and any proceeding in relation to the application or appeal, must be dismissed—

(a) if a proceeding in relation to the application or appeal is before a court—by the court; or

(b) otherwise—by QCAT, even if the dismissal would be contrary to a direction of the Court of Appeal.

s 531 ins 2013 No. 14s 4 532 Review of chapter 8 reviewable decision about new disqualified person (1) This section applies if—

(a) before the commencement—

(i) the commissioner makes a chapter 8 reviewable decision about a person; and

(ii) the person has not applied for a review of the decision under section 354; and

(b) the person is a new disqualified person at the commencement.

(2) At the commencement, the amended Act applies. Note— Under section 354, only a person who is not a disqualified person may apply for a review of a chapter 8 reviewable decision. s 532 ins 2013 No. 14s 4 533 Appeal by new disqualified person against decision of QCAT on review of chapter 8 reviewable decision (1) This section applies if—

(a) before the commencement, a person may appeal under the QCAT Act against a decision of QCAT relating to a chapter 8 reviewable decision; and

(b) at the commencement—

(i) the time within which the person may appeal under the QCAT Act has not passed; and

(ii) the person is a new disqualified person.

(2) Any appeal by the person against the decision must be dismissed—

(a) if a proceeding in relation to the appeal is before a court—by the court; or

(b) otherwise—by QCAT, even if the dismissal would be contrary to a direction of the Court of Appeal.

s 533 ins 2013 No. 14s 4 534 Existing appeal by commissioner against decision of QCAT on review of chapter 8 reviewable decision (1) This section applies if—

(a) before the commencement, the commissioner appealed, under the QCAT Act, against a decision of QCAT relating to a chapter 8 reviewable decision about a person; and

(b) at the commencement—

(i) the appeal has not been decided; and

(ii) the person is a new disqualified person.

(2) The entity hearing the appeal must apply the amended Act in relation to the matter the subject of the appeal. s 534 ins 2013 No. 14s 4 535 Appeal by commissioner against decision of QCAT on review of chapter 8 reviewable decision (1) This section applies if—

(a) before the commencement, the commissioner may appeal under the QCAT Act against a decision of QCAT relating to a chapter 8 reviewable decision about a person; and

(b) at the commencement—

(i) the time within which the commissioner may appeal under the QCAT Act (the appeal period) has not passed; and

(ii) the person is a new disqualified person.

(2) The commissioner may appeal against the decision within the appeal period and the entity hearing the appeal must apply the amended Act in relation to the matter the subject of the appeal. s 535 ins 2013 No. 14s 4 536 Existing reviews and appeals against chapter 8 reviewable decisions by persons other than new disqualified persons (1) This section applies if—

(a) before the commencement—

(i) a person applied, under section 354, for a review of a chapter 8 reviewable decision; or

(ii) the commissioner or another person appealed, under the QCAT Act, against a decision of QCAT relating to a chapter 8 reviewable decision; and

(b) at the commencement—

(i) the review or appeal has not been decided; and

(ii) the person about whom the chapter 8 reviewable decision was made is not a new disqualified person.

(2) The entity hearing the review or appeal must apply the amended Act in relation to the matter the subject of the review or appeal. (3) To remove any doubt, it is declared that section 355 applies in relation to the application for the review. s 536 ins 2013 No. 14s 4 537 Review of chapter 8 reviewable decision about person other than new disqualified person (1) This section applies if—

(a) before the commencement—

(i) the commissioner makes a chapter 8 reviewable decision about a person; and

(ii) the person has not applied for a review of the decision under section 354; and

(b) at the commencement—

(i) the period within which the person could have applied for a review of the decision under section 354 (the review period) has not passed; and

(ii) the person is not a new disqualified person.

(2) The person may apply for a review of the decision under section 354 within the review period. s 537 ins 2013 No. 14s 4 Division 7 Miscellaneous ch 11 pt 16 div 7 hdg ins 2013 No. 14s 4 538 Commissioner acting on own initiative (1) This section applies if—

(a) before the commencement the commissioner had started, on the commissioner’s own initiative, to exercise a power in relation to the following—

(i) a person;

(ii) an eligibility application;

(iii) a prescribed notice;

(iv) an exemption notice; and

(b) on the commencement the commissioner may exercise the power under the amended Act in relation to the person, application or notice.

(2) The commissioner may exercise the power under the amended Act in relation to the person, application or notice. s 538 ins 2013 No. 14s 4 539 Disqualification orders for acts done or omissions made before commencement A court may make a disqualification order under section 357 in relation to a person convicted of an offence after the commencement arising out of an act done or omission made before the commencement. s 539 ins 2013 No. 14s 4 540 Effect of conviction or charge for new disqualifying offence or new serious offence (1) For applying section 169(1)(a) or 170(a) in relation to a person convicted of a new disqualifying offence, it is immaterial when the offence was committed or when the person was convicted of the offence. (2) Section 240 applies in relation to a person holding a current positive notice who is charged with a new disqualifying offence even if the charge, or the acts or omissions constituting the alleged offence, happened before the commencement. (3) Section 298 applies in relation to a person holding a current positive exemption notice who is charged with a new disqualifying offence even if the charge, or the acts or omissions constituting the alleged offence, happened before the commencement. (4) Without limiting this division, in applying the amended Act on and from the commencement, it is immaterial—

(a) when a new disqualifying offence or new serious offence was committed; or

(b) when a person was convicted of a new disqualifying offence or new serious offence; or

Example— An offence may have been committed, and the person convicted of the offence, before the commencement. s 540 ins 2013 No. 14s 4 Part 17 Transitional provisions for Child Protection Reform Amendment Act 2014 ch 11 pt 17 hdg ins 2014 No. 28s 90 541 Definitions for pt 17 In this part— commencement means the time of commencement of the provision in which the term appears. current see section 542. former, in relation to a provision of this Act, means as in force before the commencement. former assistant commissioner means the assistant commissioner under this Act before the commencement. former commission means the Commission for Children and Young People and Child Guardian under this Act before the commencement. former commissioner means the Commissioner for Children and Young People and Child Guardian under this Act before the commencement. s 541 ins 2014 No. 28s 90 542 Meaning of current For this part, a thing is current if, immediately before the commencement—

(a) for an application—it had not been finally dealt with; or

(b) for a notice or other document or a decision—it was in force or had effect; or

s 542 ins 2014 No. 28s 90 543 Office holders and entities under former provisions (1) On the commencement—

(a) the former commission is abolished; and

(b) a person holding office as the former commissioner or former assistant commissioner goes out of office; and

(d) each advisory committee under former chapter 7 is abolished.

(2) A legal proceeding that, immediately before the commencement, was being taken or may have been taken by or against a former entity may be continued or taken by or against the State. (3) If, immediately before the commencement, a former entity was a party to a current contract, then the State is taken to be a party to the contract in place of the former entity. (4) A regulation may prescribe an entity to be the party acting for the State for a legal proceeding or contract to which subsection (2) or (3) applies. (5) In this section— former entity means the former commission, former commissioner or former assistant commissioner. s 543 ins 2014 No. 28s 90 544 Complaints under former ch 4 The Ombudsman Act 2001, part 12, division 3 includes provision about particular complaints made to the former commissioner under former chapter 4. s 544 ins 2014 No. 28s 90 545 Child death case reviews under former ch 6 The Child Protection Act 1999, chapter 9, part 9 includes provision about particular child death case reviews under former chapter 6. s 545 ins 2014 No. 28s 90 546 Screening under ch 8 or 8A (1) Unless the context otherwise requires, anything done by or in relation to the former commissioner under former chapter 8 or 8A before the commencement is taken to have been done by or in relation to the chief executive. (2) Without limiting subsection (1)—

(a) a current application made to the former commissioner under former chapter 8 or 8A is taken to have been made to the chief executive; and

(b) a current decision of the former commissioner under former chapter 8 or 8A is taken to be a decision of the chief executive; and

(c) a current notice or other document issued or given to a person by the former commissioner under former chapter 8 or 8A is taken to have been issued or given to the person by the chief executive; and

(d) a current notice or other document given by a person to the former commissioner under former chapter 8 or 8A is taken to have been given by the person to the chief executive; and

(e) a current requirement or request under former chapter 8 or 8A for a person to give information or a document or other thing to the former commissioner is taken to be a requirement or request to give the information, document or thing to the chief executive; and

(f) a current requirement under former chapter 8 or 8A for the former commissioner to give a document or other thing to a person is taken to be a requirement for the chief executive to give the document or thing to the person.

s 546 ins 2014 No. 28s 90 547 Current proceedings relating to ch 8 or 8A (1) This section applies to a legal proceeding about anything done under chapter 8 or 8A that, immediately before the commencement, was being taken or may have been taken by or against the former commissioner. (2) On the commencement, the proceeding may be continued or taken by or against the chief executive. s 547 ins 2014 No. 28s 90 Part 18 Transitional provision for Public Safety Business Agency and Other Legislation Amendment Act 2016 ch 11 pt 18 hdg ins 2016 No. 43s 57 548 Applications and notices (1) An application made to the PSBA chief executive officer before the commencement that is not decided or withdrawn before the commencement is taken to have been made to the chief executive. (2) A notice issued by the PSBA chief executive officer before the commencement that is still in force on the commencement is taken to have been issued by the chief executive. (3) In this section— PSBA chief executive officer means the chief executive officer under the Public Safety Business Agency Act 2014, as in force immediately before the commencement. s 548 prev s 548 ins 2014 No. 28s 90 exp 1 January 2015 (see s 548(4)) pres s 548 ins 2016 No. 43s 57 Part 19 Transitional provisions for Working with Children (Risk Management and Screening) and Other Legislation Amendment Act 2019 ch 11 pt 19 hdg ins 2019 No. 18s 66 Division 1 Preliminary ch 11 pt 19 div 1 hdg ins 2019 No. 18s 66 549 Definitions for part In this part— amended Act means this Act as in force after the commencement of the section in which the term is used. amendment Act means the Working with Children (Risk Management and Screening) and Other Legislation Amendment Act 2019. s 549 ins 2019 No. 18s 66 Division 2 Application of particular provisions before changes to employment screening ch 11 pt 19 div 2 hdg ins 2019 No. 18s 66 550 Particular references in ch 8A during transition period From the commencement of this section until the commencement of the amendment Act, section 28—

(a) a reference in chapter 8A to a working with children check application is taken to—

(i) be a reference to a prescribed notice application or an exemption notice application; and

(ii) include a reference to an application mentioned in subparagraph (i) that was decided, withdrawn or taken to have been withdrawn before the commencement; and

(b) a reference in chapter 8A to a working with children authority is taken to be a reference to a positive notice or a positive exemption notice.

s 550 ins 2019 No. 18s 66 551 Stay of operation of particular decisions of QCAT (1) Section 354A applies to a decision of QCAT mentioned in that section made after the commencement, even if the proceeding for the review started before the commencement. (2) A reference in section 354A to a negative notice is taken to include a reference to a negative exemption notice. s 551 ins 2019 No. 18s 66 552 New regulated employment (1) This section applies if, immediately before the commencement—

(a) a person was employed in employment, or was continuing in employment, mentioned in schedule 1, section 4(2); and

(b) the employee does not have a current positive notice or positive exemption notice.

(2) Sections 188 and 251 do not apply in relation to the person until—

(a) 3 months after the commencement; or

(b) if a prescribed notice application or exemption notice application is made about the person within the period mentioned in paragraph (a)—the application is decided or withdrawn.

s 552 ins 2019 No. 18s 66 552A Effect of pre-commencement charge for serious offence For applying this Act in relation to a person the subject of a charge for a serious offence that has not been dealt with on the commencement, the person is taken to have been charged with the offence on the commencement. s 552A ins 2019 No. 18s 66 552B Applicant in paid employment convicted of serious offence (1) This section applies if—

(a) before the commencement of the amendment Act, section 28, a prescribed notice application was made about a person under section 199; and

(b) the application relates to the person’s employment, or proposed employment, in regulated employment other than as a volunteer; and

(d) the chief executive becomes aware that the person was convicted of a serious offence—

(i) if the person held a positive notice when the application was made—after the application was made; or

(ii) if the person held a positive notice that expired before the application was made—after the person’s notice expired; or

(iii) otherwise—before or after the application was made.

(2) The chief executive must give the person a written notice that states—

(a) the person is not allowed to perform work that is regulated employment before the person’s application is decided; and

(b) it is an offence for the person to perform work that is regulated employment, or to start in regulated employment, unless the person is issued a positive notice.

(3) If the chief executive gives the person a notice under subsection (2), the person must not, unless the person is issued a positive notice—

(a) if the employee is employed in regulated employment when given the notice under subsection (2)—perform work that is regulated employment; or

(b) otherwise—start in regulated employment.

Maximum penalty—500 penalty units or 5 years imprisonment. (4) If the chief executive gives the person a notice under subsection (2), the chief executive must also give each notifiable person for the person a written notice that states—

(a) the person is not allowed to perform work that is regulated employment before the person’s application is decided; and

(b) it is an offence for an employer to allow the person to start or continue to perform work that is regulated employment unless the person is issued a positive notice.

(5) If the chief executive gives a person (an employer) a notice about another person (the employee) under subsection (4), the employer must not allow the employee to start or continue to perform work that is regulated employment unless the employee is issued a positive notice. Maximum penalty—200 penalty units or 2 years imprisonment. (6) An employer may not dismiss the employee solely or mainly because the employer is given a notice under subsection (4). (7) Section 356 applies in relation to the employer as if a reference in that section to this chapter includes a reference to this section. (8) This section applies despite chapter 8, part 4, division 4. s 552B ins 2019 No. 18s 66 Division 3 New serious offences and disqualifying offences ch 11 pt 19 div 3 hdg ins 2019 No. 18s 66 553 Definitions for division In this division— new disqualified person means a person who is a disqualified person only because—

(a) the person has a conviction for a new disqualifying offence; or

(b) the person is the respondent to an application for an offender prohibition order under the Offender Reporting Act.

new disqualifying offence means an offence that—

(a) is a disqualifying offence; but

(b) was not a disqualifying offence immediately before the commencement.

new relevant disqualified person means a person who is a relevant disqualified person only because—

(a) the person has a conviction for a new disqualifying offence for which an imprisonment order was imposed; or

(b) the person is the respondent to an application for an offender prohibition order under the Offender Reporting Act.

new serious offence means an offence that—

(a) is a serious offence; but

(b) was not a serious offence immediately before the commencement.

s 553 ins 2019 No. 18s 66 553A Effect of conviction or charge for new serious offence (1) For applying this Act in relation to a person convicted of a new serious offence, it is immaterial as to when the offence was committed or when the person was convicted of the offence. (2) This Act applies in relation to a person who is charged with a new serious offence even if the charge, or the acts or omissions constituting the alleged offence, happened before the commencement. (3) For applying this Act to a current positive notice or current positive exemption notice held by a person immediately before the commencement—

(a) a person convicted of a new serious offence before the commencement is taken to have been convicted of the offence on the commencement; and

(b) a person the subject of a charge for a new serious offence that has not been dealt with on the commencement is taken to have been charged with the offence on the commencement.

s 553A ins 2019 No. 18s 66 554 Effect of conviction or charge for new disqualifying offence (1) For applying section 169(1)(a) or 170(a) in relation to a person convicted of a new disqualifying offence, it is immaterial as to when the offence was committed or when the person was convicted of the offence. (2) This Act applies in relation to a person who is charged with a new disqualifying offence even if the charge, or the acts or omissions constituting the alleged offence, happened before the commencement. (3) For applying this Act to a current positive notice or current positive exemption notice held by a person immediately before the commencement, a person the subject of a charge for a new disqualifying offence that has not been dealt with on the commencement is taken to have been charged with the offence on the commencement. s 554 ins 2019 No. 18s 66 554A Effect of conviction for new disqualifying offence on existing positive notice or positive exemption notice (1) This section applies if—

(a) a person held a current positive notice or current positive exemption notice immediately before the commencement; and

(b) the person was convicted of a new disqualifying offence before the commencement.

(2) For applying this Act to the person’s positive notice or positive exemption notice, the offence is taken to be, or to continue to be, a serious offence despite the enactment of the amending Act. (3) Without limiting subsection (2), if the person applies for another positive notice or positive exemption notice after the commencement, or section 557 or 558 applies in relation to the person—

(a) the person’s conviction for the offence is taken to be, or to continue to be, a conviction for a serious offence; and

(b) the person is taken not to be a disqualified person or relevant disqualified person in relation to the person’s conviction for the offence.

s 554A ins 2019 No. 18s 66 555 Existing eligibility application (1) This section applies if, immediately before the commencement—

(a) an eligibility application had not been decided or withdrawn; or

(b) an application mentioned in section 186(2) had not been decided.

(2) The application must be decided under the amended Act. s 555 ins 2019 No. 18s 66 556 Expiry of eligibility declaration for new disqualifying offence An eligibility declaration in force for a person immediately before the commencement ends if, on the commencement—

(a) the person is a new disqualified person, whether or not the person is also a new relevant disqualified person; or

(b) the person is the subject of a charge for a new disqualifying offence that has not been dealt with.

s 556 ins 2019 No. 18s 66 557 Existing prescribed notice applications and exemption notice applications (1) This section applies if—

(a) immediately before the commencement, a prescribed notice application or an exemption notice application made about a person had not been decided or withdrawn; and

(b) on the commencement, either—

(i) the person is a new disqualified person, whether or not the person is also a new relevant disqualified person; or

(ii) the person is the subject of a charge for a new disqualifying offence that has not been dealt with.

(2) The person’s application is taken to be withdrawn. (3) The chief executive must give a written notice about the withdrawal to—

(a) the person; and

(b) each notifiable person for the person; and

s 557 ins 2019 No. 18s 66 558 Existing positive notice or positive exemption notice held by person convicted of new serious offence or new disqualifying offence (1) This section applies if—

(a) immediately before the commencement, a person held a current positive notice or current positive exemption notice; and

(b) before the commencement, the person was convicted of—

(i) a new serious offence; or

(ii) a new disqualifying offence that is taken to be a serious offence under section 554A(2).

(1A) Section 322 does not apply to the person in relation to the person’s conviction for the offence. (1B) The chief executive must—

(a) consider whether it is appropriate to cancel the person’s positive notice or positive exemption notice under this section because of the person’s conviction for the offence; and

(b) give the person, and each notifiable person for the person, a notice stating that, because of the enactment of the amending Act, the chief executive is considering under this section whether the person should continue to hold the person’s positive notice or positive exemption notice.

(2) The chief executive may cancel the person’s positive notice and substitute a negative notice if the chief executive is satisfied that, if the chief executive were to decide a new prescribed notice application about the person under the amended Act, the chief executive would issue a negative notice to the person. (3) Section 237(2) to (6) applies to a decision under subsection (2). (4) The chief executive may cancel the person’s positive exemption notice and substitute a negative exemption notice if the chief executive is satisfied that, if the chief executive were to decide a new exemption notice application about the person under the amended Act, the chief executive would issue a negative exemption notice to the person. (5) Section 295(2) to (6) applies to a decision under subsection (4). (6) If the chief executive decides not to cancel the person’s positive notice or positive exemption notice under this section, the chief executive must give the person, and each notifiable person for the person, a notice stating that the chief executive is satisfied, having considered the enactment of the amending Act, the person should continue to hold the person’s positive notice or positive exemption notice. s 558 ins 2019 No. 18s 66 559 Existing application to cancel negative notice or negative exemption notice (1) This section applies if, immediately before the commencement—

(a) an application under section 236 to cancel a person’s negative notice had not been decided or withdrawn; or

(b) an application under section 294 to cancel a person’s negative exemption notice had not been decided or withdrawn.

(2) If the person is a new relevant disqualified person—

(a) the application is taken to be withdrawn; and

(b) the chief executive must give a written notice about the withdrawal to the person.

(3) If the person is not a new relevant disqualified person, the amended Act applies for deciding the application. s 559 ins 2019 No. 18s 66 560 Existing application to cancel suspended positive notice or positive exemption notice (1) This section applies if, immediately before the commencement—

(a) an application under section 241 or 243 to cancel a person’s suspended positive notice had not been decided or withdrawn; or

(b) an application under section 299 to cancel a person’s suspended positive exemption notice had not been decided or withdrawn.

(2) The amended Act applies for deciding the application. s 560 ins 2019 No. 18s 66 561 Undecided reviews and appeals by new disqualified persons (1) This section applies if—

(a) a person is a new disqualified person; and

(b) immediately before the commencement—

(i) an application, made by the person under section 354, for a review of a chapter 8 reviewable decision had not been decided or withdrawn; or

(ii) an appeal, started by the person under the QCAT Act, against a decision of QCAT relating to a chapter 8 reviewable decision had not been decided or withdrawn.

(2) The application or appeal, and any proceeding in relation to the application or appeal, must be dismissed. (3) Subsection (2) applies to a proceeding before QCAT even if the dismissal would be contrary to a direction of the Court of Appeal. s 561 ins 2019 No. 18s 66 562 Review of chapter 8 reviewable decision about new disqualified person (1) This section applies if—

(a) a person is a new disqualified person; and

(b) before the commencement—

(i) the chief executive made a chapter 8 reviewable decision about the person; and

(ii) the person had not applied for a review of the decision under section 354.

(2) The amended Act applies for the chapter 8 reviewable decision. Note— A disqualified person may not apply for a review of a chapter 8 reviewable decision. See section 354(1). s 562 ins 2019 No. 18s 66 563 Appeal by new disqualified person against QCAT decision (1) This section applies if—

(a) a person is a new disqualified person; and

(b) before the commencement, the person had a right to appeal, under the QCAT Act, against a decision of QCAT relating to a chapter 8 reviewable decision about the person; and

(2) Any appeal started by the person against the decision must be dismissed. (3) If a proceeding in relation to the appeal is before QCAT, subsection (2) applies even if the dismissal would be contrary to a direction of the Court of Appeal. s 563 ins 2019 No. 18s 66 564 Existing appeal by chief executive against QCAT decision (1) This section applies if—

(a) a person is a new disqualified person; and

(b) immediately before the commencement, an appeal against a decision of QCAT relating to a chapter 8 reviewable decision about the person started by the chief executive under the QCAT Act had not been decided or withdrawn.

(2) The court or tribunal hearing the appeal must apply the amended Act in relation to the subject matter of the appeal. (3) In deciding the appeal, the court or tribunal must consider that, if the person was a disqualified person when the chief executive made the chapter 8 reviewable decision, the person would not have been permitted to apply for a review of the chapter 8 reviewable decision. s 564 ins 2019 No. 18s 66 565 Existing right of appeal by chief executive against QCAT decision (1) This section applies if—

(a) a person is a new disqualified person; and

(b) before the commencement, the chief executive had a right to appeal, under the QCAT Act, against a decision of QCAT relating to a chapter 8 reviewable decision about the person; and

(2) The chief executive may start an appeal under the amended Act even though the person is a disqualified person. (3) The court or tribunal hearing an appeal started under subsection (2) must apply the amended Act in relation to the subject matter of the appeal. (4) In deciding the appeal, the court or tribunal must consider that, if the person was a disqualified person when the chief executive made the chapter 8 reviewable decision, the person would not have been permitted to apply for a review of the chapter 8 reviewable decision. s 565 ins 2019 No. 18s 66 Division 4 Changes to employment screening ch 11 pt 19 div 4 hdg ins 2019 No. 18s 66 Subdivision 1 Preliminary ch 11 pt 19 div 4 sdiv 1 hdg ins 2019 No. 18s 66 566 Definitions for division In this division— amended, for a provision of this Act, means as in force after the commencement of the section in which the provision is mentioned. current—

(a) for a prescribed notice—means current under previous section 231; or

(b) for an exemption notice—means current under previous section 289.

exemption card, for a person’s positive exemption notice, means a card issued to the person by the chief executive as evidence of the person’s positive exemption notice. exemption notice see previous schedule 7, definition exemption notice. exemption notice application see previous schedule 7, definition exemption notice application. negative exemption notice see previous schedule 7, definition negative exemption notice. negative prescribed notice means a negative notice issued under previous section 220(b). positive exemption notice see previous schedule 7, definition positive exemption notice. positive notice see previous schedule 7, definition positive notice. positive notice blue card see previous schedule 7, definition positive notice blue card. prescribed notice see previous schedule 7, definition prescribed notice. prescribed notice application see previous schedule 7, definition prescribed notice application. previous, for a provision of this Act, means as in force before the commencement of the provision in which the term is used. s 566 ins 2019 No. 18s 66 Subdivision 2 Existing eligibility declarations, prescribed notices, exemption notices and related applications ch 11 pt 19 div 4 sdiv 2 hdg ins 2019 No. 18s 66 567 Existing eligibility application or eligibility declaration (1) The amended Act applies for deciding an eligibility application that, immediately before the commencement, had not been decided or withdrawn. (2) An eligibility declaration that, immediately before the commencement, was in force for a person continues in effect subject to amended section 185. s 567 ins 2019 No. 18s 66 568 Existing prescribed notice application (1) This section applies if, immediately before the commencement, a prescribed notice application for a person had been made but not decided, withdrawn or taken to have been withdrawn. (2) The application is taken to be a working with children check (general) application. (3) The amended Act applies for deciding the application. (4) Subsection (5) applies if—

(a) the person is not a police officer or registered teacher; and

(b) immediately before the commencement, the person was employed in regulated employment under previous chapter 8, part 4 on the basis the prescribed notice application had been made but not decided, withdrawn or taken to have been withdrawn; and

(5) Despite chapter 7, part 4, division 2 and until the working with children check (general) application is decided or withdrawn—

(a) the person may continue to be employed in the regulated employment; and

(b) for that purpose, sections 175 and 176A do not apply in relation to the employment.

(6) Subsection (7) applies if—

(a) the person is not a police officer or registered teacher; and

(b) immediately before the commencement, the person was carrying on a regulated business under previous section 197(1)(b) on the basis the prescribed notice application had been made but not decided, withdrawn or taken to have been withdrawn; and

(7) Despite chapter 7, part 4, division 2 and until the working with children check (general) application is decided or withdrawn—

(a) the person may continue to carry on the regulated business; and

(b) for that purpose, section 176B does not apply in relation to the regulated business.

s 568 ins 2019 No. 18s 66 568A Transitioning to issuing working with children card for clearance that includes holder’s photograph (1) This section applies if the chief executive approves an application for a person to which section 568 applies. (2) The chief executive may comply with section 232A for the person’s working with children clearance by issuing the person a positive notice blue card that the chief executive would have issued before the commencement to a person who holds a positive notice. (3) The document mentioned in subsection (2) is taken to be a working with children card issued to the person under section 232A for the person’s working with children clearance. (4) Despite schedule 7, definition working with children card, it does not matter that a document issued under subsection (2) does not include a photograph of the person. s 568A ins 2019 No. 18s 66 569 Existing positive notice and positive notice blue card (1) This section applies if, immediately before the commencement, a person holds a current positive notice. (2) The positive notice is taken to be a working with children clearance issued to the person under amended chapter 8, part 4, division 9. (3) If, immediately before the commencement, the positive notice was suspended under previous section 240 or 242—

(a) the person’s working with children clearance under subsection (2) is taken to have been suspended under amended section 296; and

(b) the suspension may be dealt with under the amended Act.

(4) A current positive notice blue card issued to the person for the person’s positive notice is taken to be a working with children card issued to the person under section 232A for the person’s working with children clearance under subsection (2). (5) Despite schedule 7, definition working with children card, paragraph (b), it does not matter that the positive notice blue card does not include a photograph of the person. s 569 ins 2019 No. 18s 66 570 Existing negative prescribed notice (1) This section applies if, immediately before the commencement, a person holds a current negative prescribed notice. (2) The negative prescribed notice is taken to be a negative notice issued to the person under amended chapter 8, part 4, division 9. s 570 ins 2019 No. 18s 66 571 Existing exemption notice application (1) This section applies to an exemption notice application that, immediately before the commencement, had not been decided, withdrawn or taken to have been withdrawn. (2) The application is taken to be a working with children check (exemption) application. (3) The amended Act applies for deciding the application. s 571 ins 2019 No. 18s 66 571A Transitioning to issuing working with children card for exemption that includes holder’s photograph (1) This section applies if, within 6 months after the commencement, the chief executive approves an application for a person to which section 571 applies. (2) Despite section 289, a working with children exemption is issued to the person for the term that ends 3 years after the commencement. (3) The chief executive may comply with section 290A for the person’s working with children exemption by issuing the person an exemption card that the chief executive would have issued before the commencement to a person who holds a positive exemption notice. (4) The document mentioned in subsection (3) is taken to be a working with children card issued to the person under section 290A for the person’s working with children exemption. (5) Despite schedule 7, definition working with children card, it does not matter that a document issued under subsection (3) does not include—

(a) a photograph of the person; or

(b) the expiry date of the person’s working with children exemption.

s 571A ins 2019 No. 18s 66 572 Existing positive exemption notice and positive exemption notice card (1) This section applies if, immediately before the commencement, a person holds a current positive exemption notice. (2) The positive exemption notice is taken to be a working with children exemption issued—

(a) to the person under amended chapter 8, part 5, division 8; and

(b) for the term that ends 3 years after the commencement.

(3) If, immediately before the commencement, the positive exemption notice was suspended under previous section 298—

(a) the person’s working with children exemption under subsection (2) is taken to have been suspended under amended section 296; and

(b) the suspension may be dealt with under the amended Act.

(4) An exemption card issued to the person for the person’s positive exemption notice is taken to be a working with children card issued to the person under section 290A for the person’s working with children exemption under subsection (2). (5) Despite schedule 7, definition working with children card, paragraph (b), it does not matter that the exemption card does not include—

(a) a photograph of the person; or

(b) the expiry date of the person’s working with children exemption.

s 572 ins 2019 No. 18s 66 573 Expiry of transitioned positive exemption notice (1) This section applies in relation to a current positive exemption notice that is taken to be a working with children exemption under section 572 (the transitioned exemption) if—

(a) the term mentioned in section 572(2)(b) ends; and

(b) either—

(i) the holder of the transitioned exemption did not make a working with children check application before the term ended; or

(ii) the holder of the transitioned exemption made a working with children check application before the term ended and the application was withdrawn before it was decided.

(2) The chief executive must give a notice to the person who held the transitioned exemption that states—

(a) the transitioned exemption has expired; and

(b) the person must return the person’s working with children card to the chief executive within 14 days after the notice is given, unless the person has a reasonable excuse.

(3) The person must return the person’s working with children card to the chief executive within 14 days after the notice is given, unless the person has a reasonable excuse. Maximum penalty—100 penalty units. s 573 ins 2019 No. 18s 66 574 Existing negative exemption notice (1) This section applies if, immediately before the commencement, a person holds a current negative exemption notice. (2) The negative exemption notice is taken to be a negative notice issued to the person under amended chapter 8, part 5, division 8. s 574 ins 2019 No. 18s 66 575 Existing application to cancel positive notice or positive exemption notice (1) This section applies if, immediately before the commencement—

(a) an application under previous section 244 to cancel a person’s positive notice had not been decided or withdrawn; or

(b) an application under previous section 302 to cancel a person’s positive exemption notice had not been decided or withdrawn.

(2) The application is taken to have been made under section 304D in relation to the person’s working with children clearance under section 569(2) or working with children exemption under section 572(2). (3) The amended Act applies for deciding the application. s 575 ins 2019 No. 18s 66 576 Existing application to cancel negative notice or negative exemption notice (1) This section applies if, immediately before the commencement—

(a) an application under previous section 236 to cancel a person’s negative prescribed notice had not been decided or withdrawn; or

(b) an application under previous section 294 to cancel a person’s negative exemption notice had not been decided or withdrawn.

(2) The application is taken to have been made under section 304G in relation to the person’s negative notice under section 570(2) or 574(2). (3) The amended Act applies for deciding the application. s 576 ins 2019 No. 18s 66 577 Existing application to cancel suspended positive notice or positive exemption notice (1) This section applies if, immediately before the commencement—

(a) an application under previous section 241 or 243 to cancel a person’s suspended positive notice had not been decided or withdrawn; or

(b) an application under previous section 299 to cancel a person’s suspended positive exemption notice had not been decided or withdrawn.

(2) The application is taken to have been made under section 300(1)(b) in relation to the person’s working with children clearance under section 569(2) or working with children exemption under section 572(2). (3) The amended Act applies for deciding the application. s 577 ins 2019 No. 18s 66 Subdivision 3 Reviews and appeals ch 11 pt 19 div 4 sdiv 3 hdg ins 2019 No. 18s 66 578 Reviews not started on commencement (1) This section applies if—

(a) before the commencement—

(i) the chief executive made a chapter 8 reviewable decision about a person; and

(ii) the person had not applied for a review of the decision under section 354; and

(b) on the commencement, the time for starting a review of the decision had not ended.

(2) The person may apply for a review of the decision. (3) QCAT must apply the amended Act in relation to the subject matter of the review. s 578 ins 2019 No. 18s 66 579 Appeals not started on commencement (1) This section applies if—

(a) before the commencement, the chief executive or another person had a right to appeal, under the QCAT Act, against a decision of QCAT relating to a chapter 8 reviewable decision; and

(b) on the commencement, the time for starting an appeal had not ended.

(2) The entity hearing the appeal must apply the amended Act in relation to the subject matter of the appeal. s 579 ins 2019 No. 18s 66 580 Undecided reviews and appeals (1) This section applies if, immediately before the commencement—

(a) an application, made by a person under section 354, for a review of a chapter 8 reviewable decision had not been decided or withdrawn; or

(b) an appeal against a decision of QCAT relating to a chapter 8 reviewable decision, started by a person under the QCAT Act, had not been decided or withdrawn.

(2) The entity hearing the review or appeal must apply the amended Act in relation to the subject matter of the review or appeal. s 580 ins 2019 No. 18s 66 Subdivision 4 Other transitional provisions ch 11 pt 19 div 4 sdiv 4 hdg ins 2019 No. 18s 66 581 Definitions for subdivision In this subdivision— transitioned application means—

(a) for an eligibility application—an eligibility application under section 567; or

(b) for a prescribed notice application—a working with children check application under section 568; or

transitioned authority means—

(a) for an eligibility declaration—an eligibility declaration under section 567; or

(b) for a positive notice—a working with children clearance under section 569; or

(d) for a positive exemption notice—a working with children exemption under section 572; or

(e) for a negative exemption notice—a negative notice under section 574.

s 581 ins 2019 No. 18s 66 582 Things done before commencement in relation to eligibility declaration, prescribed notice or exemption notice (1) This section applies in relation to a thing done by the chief executive or another person under this Act before the commencement in relation to—

(a) an eligibility application, prescribed notice application or exemption notice application; or

(b) an eligibility declaration, prescribed notice or exemption notice.

(2) The thing is taken to have been done under the amended Act in relation to—

(a) for a thing done in relation to an eligibility application, prescribed notice application or exemption notice application—the transitioned application for the application; or

(b) for a thing done in relation to an eligibility declaration, prescribed notice or exemption notice—the transitioned authority for the declaration or notice.

(3) The amended Act applies for the purpose of subsection (2) with necessary changes. (4) This section does not limit another provision of this division. s 582 ins 2019 No. 18s 66 583 Obligations or powers arising before commencement in relation to eligibility declaration, prescribed notice or exemption notice (1) This section applies if—

(a) before the commencement, the chief executive or another person was required or permitted under this Act to do, but did not do, something in relation to—

(i) an eligibility application, prescribed notice application or exemption notice application; or

(ii) an eligibility declaration, prescribed notice or exemption notice; and

(b) on the commencement, the period within which the chief executive or other person was required or permitted to do the thing has not passed.

(2) The chief executive or other person must or may do the thing under the amended Act in relation to—

(a) for a thing required or permitted to be done in relation to an eligibility application, prescribed notice application or exemption notice application—the transitioned application for the application; or

(b) for a thing required or permitted to be done in relation to an eligibility declaration, prescribed notice or exemption notice—the transitioned authority for the declaration or notice.

(3) The amended Act applies for the purpose of subsection (2) with necessary changes. (4) This section does not limit another provision of this division. s 583 ins 2019 No. 18s 66 584 Existing employer notices about employment or proposed employment of a person (1) A person, as the employer of another person, is taken to have given the chief executive a notice mentioned in section 175(1)(b) about employing the other person if, before the commencement, the person—

(a) gave the chief executive a notification about employing the other person under previous section 188(1)(a), 192(2)(a) or 193(2)(a); or

(b) applied for a prescribed notice about the other person.

(2) A person, as the employer of a police officer or registered teacher, is taken to have given the chief executive a notice mentioned in section 176C(1)(b) about employing the police officer or teacher if, before the commencement, the person—

(a) gave the chief executive a notification about employing the police officer or teacher under previous section 251(a), 254(2)(a) or 255(2)(a) or (b); or

(b) applied for an exemption notice about the police officer or teacher.

s 584 ins 2019 No. 18s 66 585 Existing orders under s 357 This Act applies in relation to a disqualification order made under section 357 before the commencement as if—

(a) a reference to a positive notice were a reference to a working with children clearance; and

(b) a reference to a positive exemption notice were a reference to a working with children exemption; and

(c) a reference to applying for a prescribed notice were a reference to making a working with children check (general) application; and

(d) a reference to applying for an exemption notice were a reference to making a working with children check (exemption) application.

s 585 ins 2019 No. 18s 66 586 Particular references in Act or document In an Act or a document, to the extent the context permits—

(a) a reference to a working with children check (general) application includes a reference to an application for a prescribed notice under previous chapter 8, part 4, division 6 or 7; and

(b) a reference to a working with children check (exemption) application includes a reference to an application for an exemption notice under previous chapter 8, part 5, division 7 or 8; and

(c) a reference to a working with children clearance includes a reference to a positive notice under previous section 220(a); and

(d) a reference to a working with children exemption includes a reference to a positive exemption notice under previous section 282(a); and

(e) a reference to a working with children authority includes a reference to—

(i) a positive notice under previous section 220(a); and

(ii) a positive exemption notice under previous section 282(a); and

(f) a reference to a negative notice includes a reference to—

(i) a negative notice under previous section 220(b); and

(ii) a negative exemption notice under previous section 282(b).

s 586 ins 2019 No. 18s 66 587 Application withdrawn or taken to have been withdrawn before commencement (1) If, before the commencement, a person withdrew a prescribed notice application or exemption notice application the person made about another person—

(a) the application is taken to have been withdrawn under section 196; and

(b) a notice given by the chief executive about the withdrawal is taken to have been given under section 195 because section 196 applies.

(2) A notice about the withdrawal of a prescribed notice application about a person given under previous section 203, 204 or 214, or about the withdrawal of an exemption notice application about a person given under previous section 263, 264 or 275, is taken to be a withdrawal notice given under section 195 because section 196 applies. (3) A notice about the withdrawal of a prescribed notice application about a person given under previous section 208 or 217, or about the withdrawal of an exemption notice application about a person given under previous section 269 or 279, is taken to be a withdrawal notice given under section 195 because section 199 applies. s 587 ins 2019 No. 18s 66 588 Continuing obligation of confidentiality (1) This section applies if—

(a) immediately before the commencement, previous section 384 applied to a person in relation to particular information; and

(b) on the commencement, section 384 does not apply to the person in relation to the information.

(2) Previous section 384 continues to apply to the person in relation to the information as if the amendment Act had not been enacted. s 588 ins 2019 No. 18s 66 Division 5 Transitional regulation-making power ch 11 pt 19 div 5 hdg ins 2019 No. 18s 66 589 s 589 ins 2019 No. 18s 66 exp 28 February 2022 (see s 589(4)) Part 20 Transitional provisions for Disability Services and Other Legislation (Worker Screening) Amendment Act 2020 ch 11 pt 20 hdg ins 2019 No. 19s 78 sub 2020 No. 39s 59 590 New regulated employment (1) This section applies if, immediately before the commencement—

(a) a person was employed in employment, or was continuing in employment, mentioned in schedule 1, section 6A; and

(b) the employment was not regulated employment mentioned in schedule 1, section 6 as in force immediately before the commencement; and

(2) Sections 175, 176A, 176C and 176E do not apply in relation to the employment until—

(a) 3 months after the commencement; or

(b) if the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.

s 590 ins 2019 No. 19s 78 sub 2020 No. 39s 59 591 New regulated business (1) This section applies if, immediately before the commencement—

(a) a person was carrying on a business mentioned in schedule 1, section 16A; and

(b) the business was not a regulated business mentioned in schedule 1, section 16 as in force immediately before the commencement; and

(2) Sections 176B and 176G do not apply in relation to the person carrying on the business until—

(a) 3 months after the commencement; or

(b) if the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.

s 591 ins 2020 No. 39s 59 592 Information that may be given under section 344 (1) For section 344, the chief executive may give information about a person to the chief executive (disability services) regardless of whether the information relates to a matter that happened before or after the commencement. (2) Without limiting subsection (1), the information that may be given includes—

(a) information about a working with children check application made before the commencement; and

(b) information about a working with children authority or negative notice issued before the commencement; and

s 592 ins 2020 No. 39s 59 593 Continuing obligation of confidentiality (1) This section applies if—

(a) immediately before the commencement, section 385 applied to a person in relation to particular information; and

(b) on the commencement, section 385 does not apply to the person in relation to the information.

(2) Former section 385 continues to apply to the person in relation to the information as if the Disability Services and Other Legislation (Worker Screening) Amendment Act 2020 had not been enacted. s 593 ins 2020 No. 39s 59 Part 21 Transitional provisions for Child Protection Reform and Other Legislation Amendment Act 2022 ch 11 pt 21 hdg ins 2022 No. 7s 93 594 Definition for part In this part— relevant amendment means—

(a) the amendment of chapter 8 by the Child Protection Reform and Other Legislation Amendment Act 2022, part 6, division 2; or

(b) the amendment of chapter 8 by the Child Protection Reform and Other Legislation Amendment Act 2022, part 6, division 3.

s 594 ins 2022 No. 7s 93 595 Existing application (1) This section applies if, on the commencement of a relevant amendment, an eligibility application, working with children check application or an application under chapter 8, part 5A has been made but not decided or withdrawn. (2) This Act, as in force from the commencement of the relevant amendment, applies for deciding the application. (3) Subsection (4) applies if the chief executive gave the applicant a notice under section 229 in relation to the application before the commencement of the relevant amendment. (4) The chief executive is required to give the applicant another notice under section 229 after the commencement of the relevant amendment only if the chief executive receives further information mentioned in section 229(2)(a) in relation to the application after the commencement of the relevant amendment. s 595 ins 2022 No. 7s 93 596 Proposed decision under ch 8, pt 5A (1) This section applies if the chief executive—

(a) before the commencement of a relevant amendment—

(i) was proposing to make a decision mentioned in section 294(1) in relation to a person; and

(ii) gave the applicant a notice under section 229, as applied by section 294(2), in relation to making the decision; and

(b) immediately before the commencement of the relevant amendment, had not made the decision.

(2) This Act, as in force from the commencement of the relevant amendment, applies for making the decision. (3) The chief executive is required to give the person another notice under section 229, as applied by section 294(2), after the commencement of the relevant amendment only if the chief executive receives further information mentioned in section 229(2)(a) in relation to making the decision after the commencement of the relevant amendment. s 596 ins 2022 No. 7s 93 597 Reviews and appeals (1) This section applies—

(a) in relation to—

(i) a review of a chapter 8 reviewable decision; or

(ii) an appeal against a decision of QCAT relating to a chapter 8 reviewable decision; and

(b) if the review or appeal—

(i) was started but not decided or otherwise ended before the commencement of a relevant amendment; or

(ii) is started under this Act after the commencement of a relevant amendment.

(2) The entity hearing the review or appeal must apply this Act, as in force from the commencement of the relevant amendment, in relation to the subject matter of the review or appeal. s 597 ins 2022 No. 7s 93 598 New regulated employment (1) This section applies if, immediately before the commencement—

(a) a person was employed in employment, or was continuing in employment, mentioned in schedule 1, section 14; and

(b) the employment was not regulated employment mentioned in schedule 1, section 14 as in force immediately before the commencement; and

(2) Sections 175, 176A, 176C and 176E do not apply in relation to the employment until—

(a) 3 months after the commencement; or

(b) if the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.

s 598 ins 2022 No. 7s 128 599 New regulated businesses (1) This section applies if, immediately before the commencement—

(a) a person was carrying on a business mentioned in schedule 1, section 24; and

(b) the business was not a regulated business mentioned in schedule 1, section 24 as in force immediately before the commencement; and

(2) Sections 176B and 176G do not apply in relation to the person carrying on the business until—

(a) 3 months after the commencement; or

(b) if the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.

s 599 ins 2022 No. 7s 128 600 Effect of adverse interstate WWC decision made before commencement on existing authority (1) This section applies in relation to a person who holds a working with children authority on the commencement. (2) For suspending or cancelling the person’s working with children authority, an adverse interstate WWC decision that is in effect on the commencement is taken to have been made on the commencement. (3) For subsection (2), it is immaterial whether the person’s working with children authority was suspended on the commencement. s 600 ins 2022 No. 7s 128 601 Information that may be given under ss 345B and 345C (1) For sections 345B and 345C, the chief executive may give information about a person to the ACC or an interstate screening unit regardless of whether the information relates to a matter that happened before or after the commencement. (2) Without limiting subsection (1), the information that may be given includes—

(a) information about a working with children check application made before the commencement; and

(b) information about a working with children authority or negative notice issued before the commencement; and

s 601 ins 2022 No. 7s 128 Part 22 Transitional provisions for Working with Children (Risk Management and Screening) and Other Legislation Amendment Act 2024 ch 11 pt 22 hdg ins 2024 No. 50s 120 Division 1 Preliminary ch 11 pt 22 div 1 hdg ins 2024 No. 50s 120 602 Definitions for part In this part— amended Act means this Act as in force from the commencement. amendment Act means the Working with Children (Risk Management and Screening) and Other Legislation Amendment Act 2024. former, for a provision of this Act, see section 603(1). new, for a provision of this Act, see section 603(2). s 602 ins 2024 No. 50s 120 603 References to former or new provisions (1) A reference in a provision of this part (the transitional provision) to a former provision of this Act is a reference to the provision as in force from time to time before the commencement of the transitional provision. (2) A reference in a provision of this part (the transitional provision) to a new provision of this Act is a reference to the provision as in force from the commencement of the transitional provision. s 603 ins 2024 No. 50s 120 Division 2 Existing working with children authorities and negative notices continued ch 11 pt 22 div 2 hdg ins 2024 No. 50s 120 604 Existing working with children authorities and negative notices (1) This section applies to the following authorities and notices in effect immediately before the commencement—

(a) a working with children clearance issued under former section 220(2);

(b) a working with children exemption issued under former section 282(2);

(2) The authority or notice—

(a) continues in effect; and

(b) is taken to have been issued under the corresponding new provision for the former provision; and

(c) despite paragraph (b), is taken to be for the same term that applied to the authority or notice immediately before the commencement.

(3) In this section— corresponding new provision, for a former provision, means—

(a) for former section 220(2)—new section 226(2)(a); or

(b) for former section 282(2)—new section 226(2)(b); or

s 604 ins 2024 No. 50s 120 Division 3 Existing eligibility applications and declarations ch 11 pt 22 div 3 hdg ins 2024 No. 50s 120 605 Existing eligibility application for person who is no longer disqualified person (1) This section applies if—

(a) a person made an application for an eligibility declaration under former section 178; and

(b) immediately before the commencement the application had not been decided, withdrawn, or taken to have been withdrawn; and

(2) The application is taken to be a working with children check application and for that purpose new chapter 8, part 4, division 9 applies. (3) Subject to subsection (4), anything done in relation to the application under former chapter 8, part 1, former chapter 8, part 4, division 9 or former chapter 8, part 5, division 8 is taken to have been done in relation to the application under new chapter 8, part 4, division 9. (4) If the chief executive invited submissions from a person under former section 229 and the person made submissions to the chief executive, whether before or after the commencement, the chief executive may either—

(a) give the person a written notice under new section 235 and consider any submissions made by the person under that section; or

(b) issue a working with children authority.

s 605 ins 2024 No. 50s 120 606 Existing eligibility application for person who is disqualified person after commencement (1) This section applies if—

(a) a person made an application for an eligibility declaration under former section 178; and

(b) immediately before the commencement the application had not been decided, withdrawn, or taken to have been withdrawn; and

(2) The application is taken to be withdrawn. (3) The chief executive must give a written notice to the person stating that—

(a) the application is withdrawn; and

(b) the reason for the withdrawal.

s 606 ins 2024 No. 50s 120 607 Existing eligibility declaration (1) This section applies to a person—

(a) issued an eligibility declaration that is in effect immediately before the commencement; or

(b) taken to have been issued an eligibility declaration under former section 181 or 456(2)(a) that is in effect immediately before the commencement.

(2) The eligibility declaration ends on the commencement. (3) The disqualifying offence the person was convicted of, that was considered by the chief executive as part of the application for an eligibility declaration (the applicable disqualifying offence), is taken to be a serious offence for—

(a) a working with children check application made after the commencement; or

(b) a decision made after the commencement under chapter 8, part 5A about the suspension or cancellation of an authority.

(4) Despite subsection (3), an offence is not a serious offence if the offence was committed, or is alleged to have been committed, by a person when the person was a child. (5) However, if the conduct constituting or alleged to constitute an offence occurs between 2 dates, the first on which the person was a child and the second on which the person was an adult, the conduct is taken to occur when the person was an adult. (6) The person is taken to no longer be a disqualified person in relation to the applicable disqualifying offence. s 607 ins 2024 No. 50s 120 Division 4 Change to period for application to issue negative notice ch 11 pt 22 div 4 hdg ins 2024 No. 50s 120 608 Application to cancel negative notice made by disqualified person (1) This section applies if—

(a) before the commencement of new section 304G, a person made an application to cancel a negative notice; and

(b) from the commencement, the person is a disqualified person.

(2) The application is taken to be withdrawn. (3) The chief executive must give a written notice to the person stating that—

(a) the application is withdrawn; and

(b) the reason for the withdrawal.

s 608 ins 2024 No. 50s 120 609 Application to cancel negative notice not decided (1) This section applies if—

(a) before the commencement of new section 304G, an application to cancel a negative notice had been made but not decided or withdrawn; and

(b) the application was made more than 2 years after the negative notice was issued; and

(c) the person who made the application is not a disqualified person. Note— See section 608 in relation to an application to cancel a negative notice made by a disqualified person.

(2) The application to cancel the person’s negative notice must be decided under new chapter 8, part 4, division 9. (3) Subject to subsection (4), anything done in relation to the application under former chapter 8, part 4, division 9 or former chapter 8, part 5, division 8 is taken to have been done in relation to the application under new chapter 8, part 4, division 9. (4) If the chief executive invited submissions from a person under former section 229 and the person made submissions to the chief executive, whether before or after the commencement, the chief executive may either—

(a) give the person a written notice under new section 235 and consider any submissions made by the person under that section; or

(b) cancel the person’s negative notice.

s 609 ins 2024 No. 50s 120 amd 2025 No. 20s 19 610 Existing holders of negative notices (1) This section applies if—

(a) a person holds a negative notice; and

(b) the negative notice was issued before the commencement.

(2) Despite new section 304G(2)(a), the person may apply to cancel the negative notice under new section 304G if the application is made more than 2 years after the notice was issued. s 610 ins 2024 No. 50s 120 Division 5 Regulated employment and regulated businesses ch 11 pt 22 div 5 hdg ins 2024 No. 50s 120 611 Definition for division In this division— amusement park includes a park that is permanent or temporary but does not include an amusement arcade. s 611 ins 2024 No. 50s 120 612 New regulated employment—legal support (1) This section applies if, immediately before the commencement—

(a) a person was employed in employment, or was continuing in employment, mentioned in new schedule 1, section 6(1)(d); and

(b) under former schedule 1, section 28A, chapter 7 of this Act did not apply to the employment of the person; and

(2) Sections 175, 176A, 176C and 176E do not apply in relation to the employment until—

(a) 12 months after the commencement; or

(b) if the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.

s 612 ins 2024 No. 50s 120 613 New regulated employment—child accommodation services for overnight camps (1) This section applies if, immediately before the commencement—

(a) a person was employed in employment, or was continuing in employment, mentioned in new schedule 1, section 9(1)(b); and

(b) the person does not hold a current working with children authority.

(2) Sections 175, 176A, 176C and 176E do not apply in relation to the employment until—

(a) 6 months after the commencement; or

(b) if the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.

s 613 ins 2024 No. 50s 120 614 New regulated employment—gyms and play facilities (1) This section applies if, immediately before the commencement—

(a) a person was employed in employment, or continuing in employment, mentioned in new schedule 1, section 11(1)(b); and

(b) the person does not hold a current working with children authority.

(2) Sections 175, 176A, 176C and 176E do not apply in relation to the employment until—

(a) 6 months after the commencement; or

(b) if the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.

s 614 ins 2024 No. 50s 120 615 New regulated employment—employment taking place at amusement park (1) This section applies if, immediately before the commencement—

(a) a person was employed in employment, or was continuing in employment, mentioned in new schedule 1, section 11(1) or 11A; and

(b) the employment took place at an amusement park; and

(2) Sections 175, 176A, 176C and 176E do not apply in relation to the employment until—

(a) 12 months after the commencement; or

(b) if the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.

s 615 ins 2024 No. 50s 120 616 New regulated employment—entertainment, beauty and photography (1) This section applies if, immediately before the commencement—

(a) a person was employed in employment, or was continuing in employment, mentioned in new schedule 1, section 11A; and

(b) the employee does not hold a current working with children authority.

(2) Sections 175, 176A, 176C and 176E do not apply in relation to the employment until—

(a) 6 months after the commencement; or

(b) if the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.

s 616 ins 2024 No. 50s 120 617 New regulated businesses—legal support services (1) This section applies if, immediately before the commencement—

(a) a person was carrying on a business mentioned in new schedule 1, section 16(1); and

(b) the person is an Australian lawyer who may engage in legal practice in this State under the Legal Profession Act 2007; and

(2) Sections 176B and 176G do not apply in relation to the person carrying on the business until—

(a) 12 months after the commencement; or

(b) if the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.

s 617 ins 2024 No. 50s 120 618 New regulated businesses—educational services and activities conducted inside school (1) This section applies if, immediately before the commencement—

(a) a person was carrying on a business mentioned in new schedule 1, section 18C; and

(b) the person does not hold a working with children authority.

(2) Sections 176B and 176G do not apply in relation to the person carrying on the business until—

(a) 6 months after the commencement; or

(b) if the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.

s 618 ins 2024 No. 50s 120 619 New regulated businesses—child accommodation services for overnight camps (1) This section applies if, immediately before the commencement—

(a) a person was carrying on a business mentioned in new schedule 1, section 21(1)(b); and

(b) the person does not hold a working with children authority.

(2) Sections 176B and 176G do not apply in relation to the person carrying on the business until—

(a) 6 months after the commencement; or

(b) if the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.

s 619 ins 2024 No. 50s 120 620 New regulated businesses—gyms and play facilities (1) This section applies if, immediately before the commencement—

(a) a person carrying on a business mentioned in new schedule 1, section 22(1)(b); and

(b) the person does not hold a current working with children authority.

(2) Sections 176B and 176G do not apply in relation to the person carrying on the business until—

(a) 6 months after the commencement; or

(b) if the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.

s 620 ins 2024 No. 50s 120 621 New regulated businesses—business taking place at amusement park (1) This section applies if, immediately before the commencement—

(a) a person was carrying on a business mentioned in new schedule 1, section 22(1) or 22A(1); and

(b) the business took place at an amusement park; and

(2) Sections 176B and 176G do not apply in relation to the person carrying on the business until—

(a) 12 months after the commencement; or

(b) if the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.

s 621 ins 2024 No. 50s 120 622 New regulated businesses—entertainment, beauty and photography services (1) This section applies if, immediately before the commencement—

(a) a person was carrying on a business mentioned in new schedule 1, section 22A(1); and

(b) the person does not hold a working with children authority.

(2) Sections 176B and 176G do not apply in relation to the person carrying on the business until—

(a) 6 months after the commencement; or

(b) if the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.

s 622 ins 2024 No. 50s 120 623 Proceedings for offences against ss 176I and 176J for particular types of restricted employment (1) This section applies in relation to an offence against section 176I or 176J if—

(a) the offence was committed by a person before, or both before and after, the commencement; and

(b) under former schedule 1, section 3(2)(b), 4(4), 4A(2), 5(2) or 11(2)(b), the restricted employment referred to in section 176I or 176J was not regulated employment.

(2) Without limiting the Acts Interpretation Act 1954, section 20, a proceeding for the offence may be continued or started, and the person may be convicted of and punished for the offence, in accordance with this Act, as in force from time to time before the commencement. (3) Subsection (2) applies despite the Criminal Code, section 11. s 623 ins 2024 No. 50s 120 Division 6 Reviews and appeals ch 11 pt 22 div 6 hdg ins 2024 No. 50s 120 624 Appeals not started on commencement (1) This section applies if—

(a) before the commencement, the chief executive or another person had a right to an appeal, under the QCAT Act, against a decision of QCAT relating to a chapter 8 reviewable decision; and

(b) on the commencement—

(i) an appeal had not been commenced; and

(ii) the time for starting the appeal had not ended.

(2) If the chief executive or another person appeals the decision of QCAT, the entity hearing the appeal must hear and decide the appeal as if the amendment Act had not been enacted, in relation to the subject matter of the appeal. s 624 ins 2024 No. 50s 120 625 Undecided reviews and appeals relating to negative notices (1) This section applies if, before the commencement—

(a) the chief executive made a chapter 8 reviewable decision about a person as to whether there is an exceptional case for the person; and

(b) because of the decision, the chief executive—

(i) issued the person a negative notice; or

(ii) refused to cancel a negative notice issued to the person; and

(d) the application or appeal, and any proceeding in relation to the application or appeal, had not been decided or withdrawn.

(2) The tribunal or court hearing the application or appeal must continue to hear and decide the appeal as if the amendment Act had not been enacted. s 625 ins 2024 No. 50s 120 626 Application to chief executive for fresh decision about exceptional case (1) This section applies if—

(a) before the commencement—

(i) the chief executive made a chapter 8 reviewable decision about whether there is an exceptional case for a person (an exceptional case decision); and

(ii) because of the exceptional case decision the chief executive—

(A) issued the person a negative notice; or

(B) refused to cancel a negative notice issued to the person; and

(iii) the person had not applied for a review of the exceptional case decision under former section 354; and

(b) on the commencement, the time for starting a review of the exceptional case decision had not ended.

(2) The person may apply to the chief executive for the exceptional case decision to be redetermined as if the application were a fresh application. (3) An application under subsection (2) must be made within 2 months after the commencement. (4) Also, the chief executive may redetermine the exceptional case decision on the chief executive’s own initiative. (5) A decision of the chief executive under this section must be made under the amended Act. (6) If the person applies to QCAT for a review of the exceptional case decision QCAT must refuse the application. s 626 ins 2024 No. 50s 120 Division 7 Other provisions relating to working with children framework ch 11 pt 22 div 7 hdg ins 2024 No. 50s 120 627 Disqualifying offences and serious offences committed before the commencement (1) New section 15 applies in relation to an offence committed, or alleged to have been committed, before or after the commencement. (2) New section 16 applies in relation to an offence committed, or alleged to have been committed, before or after the commencement. s 627 ins 2024 No. 50s 120 628 Disclosable matters occurring before the commencement A matter is a disclosable matter under section 186 regardless of whether the matter happened before or after the commencement. s 628 ins 2024 No. 50s 120 629 Proceedings for offences against former ss 176K and 176L (1) This section applies in relation to an offence against former section 176K or 176L committed by a person before the commencement. (2) Without limiting the Acts Interpretation Act 1954, section 20, a proceeding for the offence may be continued, and the person may be convicted of and punished for the offence, as if the amendment Act had not been enacted. (3) Subsection (2) applies despite the Criminal Code, section 11. s 629 ins 2024 No. 50s 120 630 Existing applications (1) This section applies if, immediately before the commencement, a working with children check application had not been decided or withdrawn. (2) The application must be decided under new chapter 8, part 4, division 9. (3) Subject to subsection (4), anything done in relation to the application under former chapter 8, part 4, division 9 or former chapter 8, part 5, division 8 is taken to have been done in relation to the application under new chapter 8, part 4, division 9. (4) If the chief executive invited submissions from a person under former section 229 and the person made submissions to the chief executive, whether before or after the commencement, the chief executive may either—

(a) give the person a written notice under new section 235 and consider any submissions made by the person under that section; or

(b) issue a working with children authority.

(5) If the chief executive gave the applicant a notice mentioned in former section 198(a) and on the commencement the time for complying with the notice has not ended, former section 198 continues to apply to the person and the chief executive as if the amendment Act had not been enacted. s 630 ins 2024 No. 50s 120 631 Information relevant to whether to suspend authority about event or change before commencement (1) This section applies if the chief executive becomes aware of information about a person that—

(a) is information mentioned in new section 295(2)(a); and

(b) relates to an event or change that occurred before the commencement.

(2) The chief executive may use the information for the purposes of deciding whether to suspend the person’s working with children authority under new chapter 8, part 5A, division 2. (3) For subsection (1), it is does not matter whether the chief executive became aware of the information before or after the commencement. s 631 ins 2024 No. 50s 120 632 Application to cancel suspended authority (1) This section applies if—

(a) before the commencement—

(i) a person was given a suspension notice under section 296(1); and

(ii) the person made an application under former section 300(1)(b); and

(b) on the commencement the application had not been decided or withdrawn.

(2) The application is taken to be an application under new section 300A and must be decided under new section 300. (3) Subject to subsection (4), anything done in relation to the application under the former part 5A, division 2, former part 4, division 9 or former part 5, division 8 is taken to have been done in relation to the application under new part 5A, division 2 or new part 4, division 9. (4) If the chief executive invited submissions from a person under former section 229 and the person made submissions to the chief executive, whether before or after the commencement, the chief executive may either—

(a) give the person a written notice under new section 235 and consider any submissions made by the person under that section; or

(b) issue a working with children authority.

s 632 ins 2024 No. 50s 120 633 Application made after commencement to end suspended authority (1) This section applies if, before the commencement—

(a) a person was given a suspension notice under section 296(1); and

(b) the person had not made an application under former section 300(1)(b).

(2) If the person makes an application under new section 300A to end the suspension of the person’s authority, the period from the notice being given under section 296(1) to the commencement is taken to form part of the 6 month period referred to in section 300A(1). s 633 ins 2024 No. 50s 120 634 Proposed decision under ch 8, pt 5A (1) This section applies if the chief executive, before the commencement—

(a) was proposing to make a decision mentioned in section 294(1) in relation to a person; and

(b) had not made the decision.

(2) The amended Act applies for making the decision. (3) Subject to subsection (4), anything done in relation to the application under former chapter 8 is taken to have been done in relation to the application under new chapter 8. (4) If the chief executive invited submissions from a person under former section 229 and the person made submissions to the chief executive, whether before or after the commencement, the chief executive may either—

(a) give the person a written notice under new section 235 and consider any submissions made by the person under that section; or

(b) issue a working with children authority.

s 634 ins 2024 No. 50s 120 Division 8 Miscellaneous ch 11 pt 22 div 8 hdg ins 2024 No. 50s 120 635 Transitional regulation-making power (1) A regulation (a transitional regulation) may make provision about a matter for which—

(a) it is necessary to make provision to allow or facilitate the doing of anything to achieve the transition from the operation of this Act as in force before its amendment by the amendment Act to the operation the amended Act; and

(b) this Act does not provide or sufficiently provide.

(2) A transitional regulation may have retrospective operation to a day not earlier than the day this section commences. (3) A transitional regulation must declare it is a transitional regulation. (4) This section and any transitional regulation expire on the day that is 2 years after the day this section commences. s 635 ins 2024 No. 50s 120 exp 20 September 2027 (see s 635(4)) _____ ch 11 pt 23 (s 636) ins 2024 No. 49s 129 (uncommenced amendment) Schedule 1 Regulated employment and businesses for employment screening section 156 sch 1 hdg amd 2010 No. 5s 65(1) Part 1 Regulated employment 1 Residential facilities Employment is regulated employment if any of the usual functions of the employment is carried out, or is likely to be carried out, inside—

(a) a residential facility; or

(b) another place, other than a residential facility, at which a child accommodation service is provided under funding provided by the Commonwealth or by the department in which the Education (General Provisions) Act 2006 is administered.

sch 1 s 1 sub 2004 No. 49s 50(1) amd 2006 No. 17s 56(1); 2006 No. 39s 512(1)sch 1; 2010 No. 5s 65(2); 2024 No. 50 s121 2 Schools—boarding facilities Employment is regulated employment if—

(a) any of the usual functions of the employment is carried out, or is likely to be carried out, inside a boarding facility at a school; and

(b) the employee is not an approved teacher.

sch 1 s 2 amd 2010 No. 5s 65(3) 3 Schools—employees other than teachers (1) Employment is regulated employment if any of the usual functions of the employment take place—

(a) in an area of a school—

(i) in which children are being educated and cared for; or

(ii) that is accessible to children; and

(b) at a time when children are ordinarily present.

(2) However, employment mentioned in subsection (1) is not regulated employment if—

(a) the employee is an approved teacher; or

(b) the employment involves undertaking work—

(i) that is not directed towards children; and

(ii) the nature of which does not permit or facilitate contact with children, other than incidental contact.

(3) To the extent of an inconsistency between this section and section 4(1)(b) of this schedule, this section prevails. sch 1 s 3 sub 2004 No. 49s 50(2) amd 2010 No. 5s 65(3) sub 2024 No. 50s 122 4 Education and care services and similar employment (1) Employment is regulated employment if—

(a) it is employment as an educator or carer in, or staff member of, an education and care service or a QEC service; or

(b) any of the usual functions of the employment are carried out, or are likely to be carried out at education and care service premises or QEC service premises while children are being educated and cared for at the premises; or

(c) the usual functions of the employment include, or are likely to include, providing education and care to children in the course of a commercial service other than an education and care service or a QEC service.

(2) If an adult is an occupant of a home in which a home-based stand-alone care service that is employment mentioned in subsection (1) is provided—

(a) the adult is taken to be a volunteer who is employed in regulated employment; and

(b) the carer who provides the service is taken to be the person who employs the adult in the regulated employment.

(3) If an adult is an occupant of a family day care residence in which employment mentioned in subsection (1) is provided—

(a) the adult is taken to be a volunteer who is employed in regulated employment; and

(b) the approved provider under the Education and Care Services National Law (Queensland) of the family day care service provided in the residence is taken to be the person who employs the adult in the regulated employment.

sch 1 s 4 (prev sch 1 s 3A) ins 2002 No. 55s 196sch 1 renum 2010 No. 5s 65(28) amd 2011 No. 38s 61(1); 2013 No. 14s 54sch sub 2013 No. 44s 264; 2019 No. 18s 67 amd 2024 No. 50s 123 4A Child care and similar employment Employment is regulated employment if any of the usual functions of the employment include or are likely to include providing child care in the course of a commercial service. Examples—

• a babysitting service

• a nanny service

• a service conducted by a hotel or resort to provide child care to children who are short-term guests

sch 1 s 4A ins 2011 No. 38s 61(2) sub 2013 No. 44s 265; 2019 No. 18s 67 amd 2024 No. 50s 124 4B Justice and detention services Employment is regulated employment if any of the usual functions of the employment—

(a) are carried out, or are likely to be carried out, at a detention centre established under the Youth Justice Act 1992, section 262; or

(b) include, or are likely to include, supervising and monitoring a child on any of the following orders that may be made or imposed by a court under the Youth Justice Act 1992—

(i) a community based order;

(ii) a supervised release order;

(iii) any other order made or imposed by a court under that Act.

sch 1 s 4B ins 2024 No. 50s 125 5 Churches, clubs and associations involving children (1) Employment is regulated employment if—

(a) the usual functions of the employment include, or are likely to include—

(i) providing services directed mainly towards children; or

(ii) conducting activities mainly involving children; or

(iii) engaging in decision-making in relation to children as a member of an executive committee; and

(b) the services are provided, the activities are conducted, or the decision-making is engaged in, by or within a church, club, association or similar entity.

Note— See section 156 of this Act for circumstances in which a parent is not in regulated employment. (2) In this section— executive committee means a group or body of people, by whatever name called, that manages the affairs of the church, club or association relating to children. sch 1 s 5 (prev sch 1 s 4) amd 2002 No. 55s 196sch 1; 2010 No. 5s 65(4) renum 2010 No. 5s 65(28) sub 2024 No. 50s 126 6 Health, counselling and support services (1) Employment is regulated employment if the usual functions of the employment include, or are likely to include, an employee providing 1 or more of the following—

(a) a health service to a child at a health facility—

(i) if services provided at the facility are provided only or mainly to children; or Examples of health facilities for subparagraph (i)— a children’s hospital, a child health clinic

(ii) if the employee’s employment involves providing services only or mainly to children; Examples for subparagraph (ii)—

• a person whose employment involves only or mainly providing a health service in the paediatric section of a hospital

• a person whose employment involves only or mainly operating child health screening at a community health facility

(b) a health service to a child other than at a health facility—

(i) that, by its nature, requires physical contact with the child; or Example for subparagraph (i)— a person providing massage services to children

(ii) if the employee is physically present with the child while no-one else is present;

(i) if the employee is physically present with the child while no-one else is present; or

(ii) if the employee is not physically present with the child; Example for subparagraph (ii)— a counselling service that involves an internet or telephone help line service that provides help to children to resolve personal problems or difficulties

(d) a support service to a child—

(i) if the employee is physically present with the child while no-one else is present; or

(ii) if the employee is not physically present with the child.

Examples for paragraph (d)—

• a support service providing emotional support for child victims or witnesses in connection with court or other legal proceedings

• a person who is an Australian lawyer providing a support service to a child in connection with court or other legal proceedings

(2) However, employment mentioned in subsection (1) is not regulated employment if—

(a) the employee is an approved teacher and the employment is part of the employee’s duties for the school that employs the employee; or

(b) the employee is providing the service as part of the employee’s employment with a licensed care service.

(3) In this section— counselling service means a service that provides or purports to provide, on a professional basis, help or guidance to persons to resolve personal, social or emotional problems or difficulties. health service means any of the following—

(a) a service for maintaining, improving, restoring or caring for a person’s health or wellbeing, including, for example, the following—

(i) a service providing personal care to a person who is ill, injured or otherwise infirm; Examples of providing personal care—

• help with personal hygiene

• help with dressing

• services provided by an assistant in a ward of a hospital, including lifting and turning bedridden patients and moving patients from a place to another place

(ii) a service providing respite care;

(iii) a service provided by a practitioner of hypnosis, naturopathy, acupuncture or another form of natural or alternative health care;

(iv) a massage service, including a massage service for relaxation;

(v) a service provided by a health student in the student’s capacity as a health student;

(b) a service prescribed under a regulation to be a health service.

support service means a service that provides emotional support, legal support, mentoring or pastoral care. sch 1 s 6 (prev sch 1 s 5) sub 2004 No. 49s 50(3) amd 2006 No. 17s 56(2) sub 2007 No. 40s 6(1) amd 2010 No. 5s 65(5)–(14) renum 2010 No. 5s 65(28) amd 2016 No. 9s 61(1)–(3); 2019 No. 19s 79; 2019 No. 18s 68; 2020 No. 39s 60; 2024 No. 50s 127 6A Disability work (1) Employment is regulated employment if the usual functions of the employment include providing disability services to a child or children with disability. (2) Employment is regulated employment if the usual functions of the employment—

(a) include carrying out risk-assessed NDIS work for an NDIS service provider in relation to a child or children with disability; and

(b) are to be carried out—

(i) as an employee of an NDIS service provider; or

(ii) at a place where an NDIS service provider provides NDIS supports or services to a child or children with disability.

(3) Employment mentioned in subsection (1) or (2) is not regulated employment if—

(a) the employee is a person with disability at a place who receives disability services or NDIS supports or services at the place; or

(b) the employee—

(i) is a secondary school student on work experience; and

(ii) carries out risk-assessed NDIS work or provides disability services only under the direct supervision of a person who holds a working with children authority; or

(i) is a relative of a person who receives disability services or NDIS supports or services at the place; and

(ii) is at the place only to help with the care of the person.

(4) In this section— NDIS service provider see the Disability Services Act 2006, section 15(1). risk-assessed NDIS work see the Disability Services Act 2006, section 45(2). sch 1 s 6A ins 2020 No. 39s 61 7 Private teaching, coaching or tutoring (1) Employment is regulated employment if the usual functions of the employment include or are likely to include prescribed teaching. (2) However, employment mentioned in subsection (1) is not regulated employment if the employer is an education provider. (3) In this section— prescribed teaching means teaching, coaching or tutoring 1 child, or more than 1 child at the same time, on a commercial basis. sch 1 s 7 (prev sch 1 s 6) sub 2004 No. 49s 50(3) amd 2010 No. 5s 65(15) renum 2010 No. 5s 65(28) 8 Education programs conducted outside of school (1) Employment is regulated employment if the usual functions of the employment include, or are likely to include, providing services or conducting activities for—

(a) an educational program under the Education (General Provisions) Act 2006, section 284, 294, 301, 304 or 310; or

(b) a program, provided by an entity, under arrangements approved under the Education (General Provisions) Act 2006, section 182 or 183.

(2) However, employment mentioned in subsection (1) is not regulated employment if the employer is a provider under the Education (General Provisions) Act 2006, section 232. sch 1 s 8 (prev sch 1 s 6A) ins 2003 No. 88s 8(1) sub 2004 No. 49s 50(3) amd 2006 No. 39s 512(1)sch 1; 2010 No. 5s 65(16) renum 2010 No. 5s 65(28) amd 2018 No. 1s 150sch 2 9 Child accommodation services (1) Employment is regulated employment if—

(a) the usual functions of the employment include, or are likely to include, a child accommodation service; or

(b) the employment includes providing services or conducting activities at an overnight camp or excursion for children.

(2) If accommodation constituting a child accommodation service is provided, or is to be provided, by a home stay provider, each adult residing in the home stay provider’s home, other than the home stay provider, is taken to be a volunteer who is engaged in regulated employment. (3) For subsection (1)(b), an overnight camp or excursion is regulated employment regardless of the type of accommodation or how many children are involved. (4) However, employment mentioned in subsection (1)(a) or (2) is not regulated employment if the home stay provider is a relative of the child who receives the child accommodation service to which the employment relates. (5) Also, employment mentioned in subsection (1)(b) is not regulated employment if—

(a) the employee’s functions are limited to providing services for the maintenance and repair or ongoing operation of the site at which the service is provided; and

(b) the employment involves undertaking work, the nature of which does not permit or facilitate contact with children, other than incidental contact.

(6) In this section— home, of a person, includes the person’s principal place of residence and any holiday home of the person. home stay provider means a person who provides an accommodation service in the person’s home. sch 1 s 9 (prev sch 1 s 6B) ins 2004 No. 49s 50(3) amd 2010 No. 5s 65(17) renum 2010 No. 5s 65(28) sub 2024 No. 50s 128 10 Religious representatives Employment is regulated employment if—

(a) the employee is a religious representative; and

(b) the usual functions of the employment include, or are likely to include—

(i) providing services, as a religious representative, directed mainly towards children; or

(ii) conducting activities, as a religious representative, mainly involving children.

sch 1 s 10 (prev sch 1 s 6C) ins 2004 No. 49s 50(3) renum 2010 No. 5s 65(28) 11 Sport, active recreation, gyms and play facilities (1) Employment is regulated employment if—

(a) both—

(i) the usual functions of the employment include, or are likely to include—

(A) providing services directed mainly towards children; or

(B) conducting activities mainly involving children; and

(ii) the services are provided, or the activities are conducted, as part of sport or active recreation; or

(b) the services are provided, or the activities are conducted, in relation to a gym or play facility directed mainly towards children.

(2) However, employment mentioned in subsection (1) is not regulated employment if—

(a) the employee’s functions are limited to providing food, beverages or equipment; and

(b) there is no further contact with children by the employee.

sch 1 s 11 (prev sch 1 s 6D) ins 2004 No. 49s 50(3) amd 2010 No. 5s 65(18)–(20) renum 2010 No. 5s 65(28) amd 2024 No. 50s 129 11A Entertainment, beauty and photography services (1) Employment is regulated employment if—

(a) the usual functions of the employment include, or are likely to include—

(i) providing services directed mainly towards children; or

(ii) conducting activities mainly involving children; and

(b) the services are provided, or the activities are conducted, in relation to 1 of the following—

(i) an entertainment or party service; Examples of providing an entertainment or party service— a person appearing as Santa or another costumed character directed at entertaining children

(ii) a beauty or talent program;

(iii) a photography service.

(2) However, employment mentioned in subsection (1)(b)(i) is not regulated employment if—

(a) the employee’s functions are limited to providing food, beverages or equipment; and

(b) there is no further contact with children by the employee.

sch 1 s 11A ins 2024 No. 50s 130 12 Emergency services cadet program (1) Employment is regulated employment if the usual functions of the employment include or are likely to include—

(a) undertaking the role of an adult member in the cadet program managed by the department responsible for emergency services; and

(b) prescribed teaching.

(2) In this section— prescribed teaching means teaching, coaching or tutoring 1 child, or more than 1 child at the same time. sch 1 s 12 (prev sch 1 s 6E) ins 2004 No. 49s 50(3) renum 2010 No. 5s 65(28) 13 School crossing supervisors Employment is regulated employment if the usual functions of the employment include, or are likely to include, providing services as a crossing supervisor within the meaning of the Transport Operations (Road Use Management) Act 1995, section 122A(1)(b). sch 1 s 13 (prev sch 1 s 6F) ins 2004 No. 49s 50(3) amd 2005 No. 49s 89sch renum 2010 No. 5s 65(28) 14 Care of children under Child Protection Act 1999 (1) Employment is regulated employment if the usual functions of the employment include, or are likely to include, providing care for a child as an approved carer, other than a provisionally approved carer. (2) If a person provides, or is likely to provide, care for a child in the person’s capacity as an approved carer, other than a provisionally approved carer, each adult member of the person’s household is taken to be a volunteer who is engaged in regulated employment. (3) Employment is regulated employment if the usual functions of the employment—

(a) are carried out, or likely to be carried out, inside a licensed residential facility; or

(b) include responsibility for directly managing a licensed care service; or

sch 1 s 14 (prev sch 1 s 6G) ins 2006 No. 17s 56(3) renum 2010 No. 5s 65(28) amd 2022 No. 7s 129 amd 2024 No. 50s 131 (uncommenced amendment) 15 Regulation about usual functions of employment (1) For this part, a regulation may make provision about whether a function of employment is a usual function. (2) Without limiting subsection (1), a regulation may—
(a) state the employment, or type of employment, to which the regulation applies; and

(b) declare that a stated function of the employment is, or is not, a usual function of the employment.
(3) A regulation under this section may describe a function of employment by reference to the frequency with which it is carried out, or in another way. sch 1 s 15 (prev sch 1 s 7) renum 2010 No. 5s 65(28) Part 2 Regulated businesses 16 Health, counselling and support services (1) A business is a regulated business if the usual activities of the business include, or are likely to include, a person providing 1 or more of the following—
(a) a health service to a child—
(i) that, by its nature, requires physical contact with the child; or

(ii) if the person is physically present with the child while no-one else is present;

(b) a counselling service to a child—
(i) if the person is physically present with the child while no-one else is present; or

(ii) if the person is not physically present with the child;

(c) a support service to a child—
(i) if the person is physically present with the child while no-one else is present; or

(ii) if the person is not physically present with the child.
(2) In this section— counselling service means a service that provides or purports to provide, on a professional basis, help or guidance to persons to resolve personal, social or emotional problems or difficulties. health service means any of the following—
(a) a service for maintaining, improving, restoring or caring for a person’s health or wellbeing, including, for example, the following—
(i) a service providing personal care to a person who is ill, injured or otherwise infirm; Examples of providing personal care—
• help with personal hygiene

• help with dressing

• services provided by an assistant in a ward of a hospital, including lifting and turning bedridden patients and moving patients from a place to another place

(ii) a service providing respite care;

(iii) a service provided by a practitioner of hypnosis, naturopathy, acupuncture or another form of natural or alternative health care;

(iv) a massage service, including a massage service for relaxation;

(v) a service provided by a health student in the student’s capacity as a health student;

(b) a service prescribed under a regulation to be a health service.
support service means a service that provides emotional support, legal support, mentoring or pastoral care. sch 1 s 16 (prev sch 1 s 8) amd 2004 No. 49s 50(4) sub 2007 No. 40s 6(2) amd 2010 No. 5s 65(21)–(25) renum 2010 No. 5s 65(28) amd 2016 No. 9s 61(4); 2020 No. 39s 62; 2024 No. 50s 132 16A Disability work A business is a regulated business if the usual activities of the business include, or are likely to include—
(a) providing disability services to a child or children with disability; or

(b) providing NDIS supports or services to a child or children with disability.
sch 1 s 16A ins 2020 No. 39s 63 17 Private teaching, coaching or tutoring (1) A business is a regulated business if the usual activities of the business include, or are likely to include, teaching, coaching or tutoring 1 child, or more than 1 child at the same time, on a commercial basis. (2) However, a business mentioned in subsection (1) is not a regulated business if the business is conducted by an education provider. sch 1 s 17 (prev sch 1 s 9) amd 2004 No. 49s 50(5)–(6) renum 2010 No. 5s 65(28) 18 Education and care services and similar businesses A business is a regulated business if the usual activities of the business include, or are likely to include—
(a) operating an education and care service, a QEC service or another commercial service that includes providing education and care to children; or

(b) carrying out activities in premises or a vehicle in which there are children to whom education and care is being provided.
sch 1 s 18 (prev sch 1 s 10) ins 2002 No. 55s 196sch 1 renum 2010 No. 5s 65(28) amd 2011 No. 38s 61(3) sub 2013 No. 44s 266 18A Child care services and similar businesses A business is a regulated business if the usual activities of the business include, or are likely to include—
(a) conducting a commercial service that includes providing child care; or

(b) carrying out activities in premises or a vehicle in which there are children to whom child care is being provided.
sch 1 s 18A ins 2011 No. 38s 61(4) sub 2013 No. 44s 267 18B Justice and detention services A business is a regulated business if any of the usual activities of the business—
(a) are carried out, or are likely to be carried out, at a detention centre established under the Youth Justice Act 1992, section 262; or

(b) include, or are likely to include, supervising and monitoring a child on any of the following orders that may be made or imposed by a court under the Youth Justice Act 1992—
(i) a community based order;

(ii) a supervised release order;

(iii) any other order made or imposed by a court under that Act.
sch 1 s 18B ins 2024 No. 50s 133 18C Educational services and activities conducted inside school (1) A business is a regulated business if the usual activities of the business take place—
(a) in an area of a school—
(i) in which children are being educated and cared for; or

(ii) that is accessible to children; and

(b) at a time when children are ordinarily present.
(2) However, a business mentioned in subsection (1) is not a regulated business if the activities of the business—
(a) are not directed towards children; and

(b) are of a nature that does not permit or facilitate contact with children, other than incidental contact.
sch 1 s 18C ins 2024 No. 50s 133 19 Educational programs conducted outside of school A business is a regulated business if—
(a) the usual activities of the business include, or are likely to include, providing services or conducting activities for—
(i) an educational program under the Education (General Provisions) Act 2006, section 286(2), 291 or 304; or

(ii) a program provided, by the entity carrying on the business, under arrangements approved under the Education (General Provisions) Act 2006, section 182 or 183; and

(b) the entity carrying on the business is not a provider under the Education (General Provisions) Act 2006, section 232.
sch 1 s 19 (prev sch 1 s 11) ins 2003 No. 88s 8(2) sub 2006 No. 39s 512(1)sch 1 renum 2010 No. 5s 65(28) 20 Religious representatives A business is a regulated business if the usual activities of the business include, or are likely to include, a religious representative—
(a) providing services, as a religious representative, directed mainly towards or involving children; or

(b) conducting activities, as a religious representative, directed mainly towards or involving children.
sch 1 s 20 (prev sch 1 s 12) ins 2004 No. 49s 50(7) renum 2010 No. 5s 65(28) 21 Child accommodation services (1) A business is a regulated business if—
(a) the usual activities of the business include, or are likely to include, a child accommodation service and—
(i) the person who carries on the business provides the accommodation that constitutes the child accommodation service in the person’s home; or

(ii) the person who carries on the business provides the child accommodation service under an arrangement organised by a government entity or a local government; or

(b) the business includes providing an overnight camp or excursion for children.
(2) For subsection (1)(b), an overnight camp or excursion is a regulated business regardless of the type of accommodation or how many children are involved. (3) However, a business mentioned in subsection (1)(b) is not a regulated business if—
(a) the activities of the business are limited to providing services for the maintenance and repair or ongoing operation of the site at which the service is provided; and

(b) the activities of the business are of a nature that does not permit or facilitate contact with children, other than incidental contact.
(4) In this section— home, of a person, includes the person’s principal place of residence and any holiday home of the person. sch 1 s 21 (prev sch 1 s 13) ins 2004 No. 49s 50(7) renum 2010 No. 5s 65(28) amd 2014 No. 28s 91 sub 2024 No. 50s 134 22 Sport, active recreation, gyms and play facilities (1) A business is a regulated business if the usual activities of the business include, or are likely to include—
(a) sport or active recreation activities directed mainly towards or involving children; or

(b) carrying on the business of a gym or play facility directed mainly towards children.
(2) However, a business mentioned in subsection (1) is not a regulated business if—
(a) the business is carrying out activities limited to providing food, beverages or equipment; and

(b) there is no further contact with children by an employee of the business.
sch 1 s 22 (prev sch 1 s 14) ins 2004 No. 49s 50(7) amd 2010 No. 5s 65(26) renum 2010 No. 5s 65(28) sub 2024 No. 50s 134 22A Entertainment, beauty and photography services (1) A business is a regulated business if—
(a) the usual activities include, or are likely to include—
(i) providing services directed mainly towards children; or

(ii) conducting activities mainly involving children; and

(b) the business relates to 1 of the following areas—
(i) an entertainment or party service; Example of a business relating to an entertainment or party service— a business providing for a person to appear as Santa or another costumed character directed at entertaining children

(ii) a beauty or talent program;

(iii) a photography service.
(2) However, a business mentioned in subsection (1)(b)(i) is not a regulated business if—
(a) the business is carrying out activities limited to providing food, beverages or equipment; and

(b) there is no further contact with children by an employee of the business.
sch 1 s 22A ins 2024 No. 50s 134 23 Hostel for children other than residential facility A business is a regulated business if the usual activities of the business include, or are likely to include, operating a place, other than a residential facility, at which a child accommodation service is provided under funding provided by the Commonwealth or by the department in which the Education (General Provisions) Act 2006 is administered. sch 1 s 23 (prev sch 1 s 15) ins 2004 No. 49s 50(7) amd 2006 No. 39s 512(1)sch 1; 2010 No. 5s 65(27) renum 2010 No. 5s 65(28) 24 Businesses relating to licensed care service under Child Protection Act 1999 A business is a regulated business if the usual activities of the business include, or are likely to include—
(a) carrying out activities or providing services inside a licensed residential facility; or

(b) a licensed care service; or

(c) performing a risk-assessed role for a licensed care service.
sch 1 s 24 (prev sch 1 s 16) ins 2006 No. 17s 56(4) renum 2010 No. 5s 65(28) sub 2022 No. 7s 130 25 Non-State schools—directors of governing bodies and authorised persons A person is taken to be a person carrying on a regulated business by being—
(a) a director of the governing body of an accredited school under the Education (Accreditation of Non-State Schools) Act 2017; or

(b) an authorised person under the Education (Accreditation of Non-State Schools) Act 2017.
sch 1 s 25 ins 2010 No. 5s 65(29) sub 2017 No. 24s 269 Part 3 Employment, or carrying on of a business, to which chapter 7 of this Act does not apply sch 1 pt 3 hdg ins 2010 No. 5s 65(29) amd 2010 No. 33s 114(1); 2019 No. 18s 86(1)sch 1 26 Person engaged in employment for the police service (1) Chapter 7 of this Act does not apply to the employment of a person who, within the meaning of the Police Service Administration Act 1990, section 5AA.3, is a person engaged by the service, to the extent the person is performing a function mentioned in the Police Service Administration Act 1990, section 2.3. (2) However, chapter 7 of this Act does apply to the employment under section 6(1) of—
(a) an MRQ volunteer for providing a health service to a child in association with the performance of a function mentioned in the Marine Rescue Queensland Act 2024, section 7(1); or

(b) an SES local government employee or SES volunteer for providing a health service to a child in association with the performance of a function mentioned in the State Emergency Service Act 2024, section 7(1).
(3) In this section— health service means a service to which section 6(3), definition health service, paragraph (a) applies. MRQ volunteer see the Marine Rescue Queensland Act 2024, schedule 1. SES local government employee means an SES employee under the State Emergency Service Act 2024 who—
(a) performs an SES function as an employee of a local government; and

(b) does not also perform an SES function as an employee of the State.
SES volunteer means an SES member under the State Emergency Service Act 2024 who—
(a) performs an SES function as a volunteer; and

(b) does not also perform an SES function as an employee of the State.
sch 1 s 26 ins 2010 No. 5s 65(29) amd 2019 No. 18s 86(1)sch 1; 2024 No. 18s 38 27 Employment of relevant person under the Corrective Services Act 2006 Chapter 7 of this Act does not apply to the employment of a person who is a person mentioned in the Corrective Services Act 2006, section 327, definition relevant person, to the extent the employment relates to the person’s functions under that Act. sch 1 s 27 ins 2010 No. 5s 65(29) amd 2019 No. 18s 86(1)sch 1 28 Registered health practitioners Chapter 7 of this Act does not apply to the employment or carrying on of a business of a person who is a registered health practitioner to the extent the activities performed or services provided relate to the person’s functions as a registered health practitioner. sch 1 s 28 ins 2010 No. 5s 65(29) amd 2010 No. 33s 114(2); 2019 No. 18s 86(1)sch 1 28A sch 1 s 28A ins 2019 No. 18s 69 om 2024 No. 50s 135 29 Person providing only help or guidance to child employee (1) Chapter 7 of this Act does not apply to the employment of a person only because the person gives help or guidance to a child as part of the child’s employment. (2) However, chapter 7 of this Act does apply to the employment of the person if the employment is otherwise regulated employment under part 1 of this schedule. sch 1 s 29 ins 2010 No. 5s 65(29) amd 2019 No. 18s 86(1)sch 1 30 Ambulance officers Chapter 7 of this Act does not apply to the employment of a person as an ambulance officer under the Ambulance Service Act 1991, section 13 or 14 to the extent the employment relates to the person’s functions under that Act. sch 1 s 30 ins 2010 No. 33s 114(3) amd 2019 No. 18s 86(1)sch 1 Schedule 2 Current serious offences section 15
1 Classification of Publications Act 1991
Provision of Act Relevant heading Qualification 15 Exhibition or display of prohibited publication the offence is not a disqualifying offence
2 Criminal Code
Provision of Act Relevant heading Qualification 210A Sexual acts with a child aged 16 or 17 under one’s care, supervision or authority if the offence is not a disqualifying offence 215 Engaging in penile intercourse with child under 16 the offence is not a disqualifying offence 218 Procuring sexual acts by coercion etc. the offence is not a disqualifying offence 221 Conspiracy to defile the offence is not a disqualifying offence 222 Incest the offence is not a disqualifying offence 229BB Failure to protect child from child sexual offence 300 Unlawful homicide the offence is not a disqualifying offence 313 Killing unborn child 315 Disabling in order to commit indictable offence 316 Stupefying in order to commit indictable offence 317 Acts intended to cause grievous bodily harm and other malicious acts 320A Torture the offence is not a disqualifying offence 322 Administering poison with intent to harm only if an offender was or could have been liable for a penalty as mentioned in section 322, penalty, paragraph (a) 323A Female genital mutilation 323B Removal of child from State for female genital mutilation 324 Failure to supply necessaries 326 Endangering life of children by exposure 334C Coercive control the offence is not a disqualifying offence 352 Sexual assaults the offence is not a disqualifying offence 354 Kidnapping the offence is not a disqualifying offence 354A Kidnapping for ransom the offence is not a disqualifying offence 363 Child-stealing the offence is not a disqualifying offence 363A Abduction of child under 16 the offence is not a disqualifying offence 409 Definition of robbery only if an offender was or could have been liable as mentioned in section 411(2) 419 Burglary only if an offender was or could have been liable as mentioned in section 419(3)(b)(i) or (ii) 427 Unlawful entry of vehicle for committing indictable offence only if an offender was or could have been liable as mentioned in section 427(2)(b)(i) or (ii)
3 Criminal Code (Cwlth)
Provision of Act Relevant heading Qualification 270.3 Slavery offences the offence is not a disqualifying offence 270.5 Servitude offences the offence is not a disqualifying offence 270.6A Forced labour offences the offence is not a disqualifying offence 270.7 Deceptive recruiting for labour or services the offence is not a disqualifying offence and only if an offender was or could have been liable as mentioned in section 270.8 270.7B Forced marriage offences the offence is not a disqualifying offence 270.7C Offence of debt bondage the offence is not a disqualifying offence 271.2 Offence of trafficking in persons the offence is not a disqualifying offence 271.3 Trafficking in persons— aggravated offence the offence is not a disqualifying offence 271.5 Offence of domestic trafficking in persons the offence is not a disqualifying offence 271.6 Domestic trafficking in persons— aggravated offence the offence is not a disqualifying offence 271.7B Offence of organ trafficking—entry into and exit from Australia 271.7C Organ trafficking— aggravated offence the offence is not a disqualifying offence 271.7D Offence of domestic organ trafficking 271.7E Domestic organ trafficking— aggravated offence the offence is not a disqualifying offence 271.7F Harbouring a victim 273B.4 Failing to protect child at risk of child sexual abuse offence 274.2 Torture the offence is not a disqualifying offence
4 Drugs Misuse Act 1986
Provision of Act Relevant heading Qualification 5 Trafficking in dangerous drugs 6 Supplying dangerous drugs only if the offence is 1 of aggravated supply as mentioned in section 6(2) 8 Producing dangerous drugs only if an offender was or could have been liable for a penalty as mentioned in section 8(1), penalty, paragraph (a) or (b) 9D Trafficking in relevant substances or things

sch 2 sub 2004 No. 49s 51 amd 2005 No. 9s 12; 2008 No. 18s 46; 2008 No. 55s 150sch; 2010 No. 5s 66; 2013 No. 14s 5; 2016 No. 50s 40sch 1; 2016 No. 62s 490; 2017 No. 17s 258sch 1; 2019 No. 18s 69A; 2020 No. 32s 67; 2021 No. 24s 53; 2023 No. 1s 97 sch 1pt 2; 2024 No. 23s 36sch 1; 2024 No. 5 s 102 sch 1div 3; 2024 No. 48s 49 sch 1pts 1–2 sub 2024 No. 50s 136 Schedule 3 Repealed or expired serious offences section 15
1 Criminal Code
Provision of Act Relevant heading Qualification 208 Unlawful sodomy the offence was not a disqualifying offence and as the provision was in force from time to time before its repeal by the Health and Other Legislation Amendment Act 2016 209 Attempted sodomy the offence was not a disqualifying offence and as the provision was in force from time to time before its repeal by the Criminal Code and Other Acts Amendment Act 2008 220 Unlawful Detention with Intent to Defile or in a Brothel the offence was not a disqualifying offence and as the provision was in force from time to time before its repeal by the Criminal Code, Evidence Act and Other Acts Amendment Act 1989 223 Incest by adult female the offence was not a disqualifying offence and as the provision was in force from time to time before its repeal by the Criminal Law Amendment Act 1997 229G Procuring engagement in prostitution as the provision was in force from time to time before its repeal by the Criminal Code (Decriminalising Sex Work) and Other Legislation Amendment Act 2024, only if an offender was or could have been liable as mentioned in section 229G(2) 229H Knowingly participating in provision of prostitution as the provision was in force from time to time before its repeal by the Criminal Code (Decriminalising Sex Work) and Other Legislation Amendment Act 2024, only if an offender was or could have been liable as mentioned in section 229H(2) 229I Persons found in places reasonably suspected of being used for prostitution etc. as the provision was in force from time to time before its repeal by the Criminal Code (Decriminalising Sex Work) and Other Legislation Amendment Act 2024, only if an offender was or could have been liable as mentioned in section 229I(2) 229L Permitting young person etc. to be at place used for prostitution as the provision was in force from time to time before its repeal by the Criminal Code (Decriminalising Sex Work) and Other Legislation Amendment Act 2024 325 Endangering life or health of apprentices or servants as the provision was in force from time to time before its repeal by the Training and Employment Act 2000 344 Aggravated assaults the offence was not a disqualifying offence and as the provision was in force from 20 December 1946 to 30 June 1997 if the circumstance of aggravation was that the unlawful assault was an offence of a sexual nature as defined in the Criminal Law Amendment Act 1945, section 2A.

2 Criminal Code (Cwlth)
Provision of Act Relevant heading Qualification 270.7 Deceptive recruiting for sexual services the offence was not a disqualifying offence and as the provision was in force from time to time before its repeal by the Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People Trafficking) Act 2013 (Cwlth)

sch 3 (prev sch 2A) ins 2004 No. 49s 51 amd 2010 No. 5s 67(1) renum 2010 No. 5s 67(2) amd 2013 No. 14s 6; 2016 No. 50s 40sch 1; 2019 No. 18s 69B; 2020 No. 32s 64; 2021 No. 24s 54; 2024 No. 23s 36sch 1 sub 2024 No. 50s 136 Schedule 4 Current disqualifying offences section 16 sch 4 hdg amd 2019 No. 18s 86(1)sch 1
1 Classification of Computer Games and Images Act 1995
Provision of Act Relevant heading Qualification 23 Demonstration of an objectionable computer game before a minor 26(3) Possession of objectionable computer game 27(3) and (4) Making objectionable computer game 28 Obtaining minor for objectionable computer game
2 Classification of Films Act 1991
Provision of Act Relevant heading Qualification 41(3) Possession of objectionable film 42(3) and (4) Making objectionable film 43 Procurement of minor for objectionable film
3 Classification of Publications Act 1991
Provision of Act Relevant heading Qualification 12 Sale etc. of prohibited publication only if an offender was or could have been liable as mentioned in section 12, penalty, paragraph (c) 13 Possession of prohibited publication only if an offender was or could have been liable as mentioned in section 13, penalty, paragraph (c) 14 Possession of child abuse publication 15 Exhibition or display of prohibited publication only if an offender was or could have been liable as mentioned in section 15, penalty, paragraph (c) 16 Leaving prohibited publication in or on public place only if an offender was or could have been liable as mentioned in section 16, penalty, paragraph (c) 17(1) Producing prohibited publication only if an offender was or could have been liable as mentioned in section 17(1), penalty, paragraph (c) 17(2) Producing prohibited publication only if an offender was or could have been liable as mentioned in section 17(2), penalty, paragraph (c) 17(3) and (4) Producing prohibited publication 18 Procurement of minor for RC publication 20 Leaving prohibited publication in or on private premises only if an offender was or could have been liable as mentioned in section 20, penalty, paragraph (c)
4 Criminal Code
Provision of Act Relevant heading Qualification 210 Indecent treatment of children under 16 210A Sexual acts with a child aged 16 or 17 under one’s care, supervision or authority for which an imprisonment order was or is imposed 211 Bestiality 213 Owner etc. permitting abuse of children on premises 215 Engaging in penile intercourse with child under 16 only if an imprisonment order is or was imposed for the offence 216 Abuse of persons with an impairment of the mind 217 Procuring young person etc. for penile intercourse 217A Obtaining commercial sexual services from person who is not an adult 217B Allowing person who is not an adult to take part in commercial sexual services 217C Conduct relating to provision of commercial sexual services by person who is not an adult 218 Procuring sexual acts by coercion etc. if the offence was committed against a child 218A Using internet etc to procure children under 16 218B Grooming child under 16 years or parent or carer of child under 16 years 219 Taking child for immoral purposes 221 Conspiracy to defile if the offence was committed against a child 222 Incest if the offence was committed against a child 228 Obscene publications and exhibitions only if an offender was or could have been liable as mentioned in section 228(2) or (3) 228A Involving child in making child exploitation material 228B Making child exploitation material 228C Distributing child exploitation material 228D Possessing child exploitation material 228DA Administering child exploitation material website 228DB Encouraging use of child exploitation material website 228DC Distributing information about avoiding detection 228I Producing or supplying child abuse object 228J Possessing child abuse object 229B Repeated sexual conduct with a child 300 Unlawful homicide only if the unlawful killing is murder under section 302 306 Attempt to murder 309 Conspiring to murder 315A Choking, suffocation or strangulation in a domestic setting 320A Torture if the offence was committed against a child 334C Coercive control if the offence was committed against a child if the offence exposed a child to domestic violence 349 Rape 350 Attempt to commit rape 351 Assault with intent to commit rape 352 Sexual assaults if the offence was committed against a child 354 Kidnapping if the offence was committed against a child and the context in which the offence was committed was not familial 354A Kidnapping for ransom if the offence was committed against a child 363 Child-stealing if the context in which the offence was committed was not familial 363A Abduction of child under 16 if the context in which the offence was committed was not familial 364 Cruelty to children under 16
5 Criminal Code (Cwlth)
Provision of Act Relevant heading Qualification 270.3 Slavery offences if the offence was committed against a child 270.5 Servitude offences if the offence was committed against a child 270.6A Forced labour offences if the offence was committed against a child 270.7 Deceptive recruiting for labour or services if the offence was committed against a child 270.7B Forced marriage offences if the offence was committed against a child 270.7C Offence of debt bondage if the offence was committed against a child 271.2 Offence of trafficking in persons if the offence was committed against a child 271.3 Trafficking in persons— aggravated offence if the offence was committed against a child 271.4 Offence of trafficking in children 271.5 Offence of domestic trafficking in persons if the offence was committed against a child 271.6 Domestic trafficking in persons— aggravated offence if the offence was committed against a child 271.7 Offence of domestic trafficking in children 271.7C Organ trafficking— aggravated offence only if an offender was or could have been liable as mentioned in section 271.7C(1)(a) 271.7E Domestic organ trafficking— aggravated offence only if an offender was or could have been liable as mentioned in section 271.7E(1)(a) 271.7G Harbouring a victim—aggravated offence 272.8 Sexual intercourse with child outside Australia 272.9 Sexual activity (other than sexual intercourse) with child outside Australia 272.10 Aggravated offence—sexual intercourse or other sexual activity with child outside Australia 272.11 Persistent sexual abuse of child outside Australia 272.12 Sexual intercourse with young person outside Australia— defendant in position of trust or authority 272.13 Sexual activity (other than sexual intercourse) with young person outside Australia— defendant in position of trust or authority 272.14 Procuring child to engage in sexual activity outside Australia 272.15 “Grooming” child to engage in sexual activity outside Australia 272.15A “Grooming” person to make it easier to engage in sexual activity with a child outside Australia 272.18 Benefiting from offence against this Division 272.19 Encouraging offence against this Division 272.20 Preparing for or planning offence against this Division 273.6 Possessing, controlling, producing, distributing or obtaining child abuse material outside Australia 273.7 Aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people 273A.1 Possession of child-like sex dolls etc. 274.2 Torture if the offence was committed against a child 471.19 Using a postal or similar service for child abuse material 471.20 Possessing, controlling, producing, supplying or obtaining child abuse material for use through a postal or similar service 471.22 Aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people 471.24 Using a postal or similar service to procure persons under 16 471.25 Using a postal or similar service to “groom” persons under 16 471.25A Using a postal or similar service to “groom” another person to make it easier to procure persons under 16 471.26 Using a postal or similar service to send indecent material to person under 16 474.22 Using a carriage service for child abuse material 474.22A Possessing or controlling child abuse material obtained or accessed using a carriage service 474.23 Possessing, controlling, producing, supplying or obtaining child abuse material for use through a carriage service 474.23A Conduct for the purposes of electronic service used for child abuse material 474.24A Aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people 474.25A Using a carriage service for sexual activity with person under 16 years of age 474.25B Aggravated offence—using a carriage service for sexual activity with person under 16 years of age 474.25C Using a carriage service to prepare or plan to cause harm to, engage in sexual activity with, or procure for sexual activity, persons under 16 474.26 Using a carriage service to procure persons under 16 years of age 474.27 Using a carriage service to “groom” persons under 16 years of age 474.27A Using a carriage service to transmit indecent communication to person under 16 years of age 474.27AA Using a carriage service to “groom” another person to make it easier to procure persons under 16 years of age
6 Customs Act 1901 (Cwlth)
Provision of Act Relevant heading Qualification 233BAB Special offence relating to tier 2 goods if the offence involved child pornography or child abuse material

sch 4 (prev sch 2B) ins 2004 No. 49s 51 sub 2008 No. 18s 47 amd 2008 No. 55s 150sch; 2010 No. 5s 68(1)–(6) renum 2010 No. 5s 68(7) amd 2013 No. 14s 7; 2016 No. 50s 40sch 1; 2016 No. 62s 491; 2017 No. 17s 258sch 1; 2019 No. 18s 70; 2020 No. 32s 65; 2021 No. 24 s 55; 2023 No. 1s 97 sch 1pt 2; 2024 No. 23s 36sch 1; 2024 No. 5s 102sch 1div 3; 2024 No. 48s 49 sch 1pts 1–2; 2024 No. 50s 137 Schedule 5 Repealed or expired disqualifying offences section 16 sch 5 hdg amd 2019 No. 18s 86(1)sch 1
1 Criminal Code
Provision of Act Relevant heading Qualification 208 Unlawful sodomy as the provision was in force from time to time before its repeal by the Health and Other Legislation Amendment Act 2016 for an offence committed before 1 July 1997, only if committed against a child or a person with an impairment of the mind 209 Attempted sodomy as the provision was in force from time to time before its repeal by the Criminal Code and Other Acts Amendment Act 2008 for an offence committed before 1 July 1997, only if committed against a child or a person with an impairment of the mind 212 Defilement of Girls under Twelve as the provision was in force from time to time before its repeal by the Criminal Code, Evidence Act and Other Acts Amendment Act 1989 214 Attempt to Abuse Girls under Ten as the provision was in force from time to time before its repeal by the Criminal Code, Evidence Act and Other Acts Amendment Act 1989 218A Using internet etc. to procure children under 16 as the provision was in force from time to time before its repeal by the Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 218B Grooming children under 16 as the provision was in force from time to time before its repeal by the Criminal Code (Child Sexual Offences Reform) and Other Legislation Amendment Act 2020 220 Unlawful Detention with Intent to Defile or in a Brothel as the provision was in force from time to time before its repeal by the Criminal Code, Evidence Act and Other Acts Amendment Act 1989 only if, at the time of the offence, the person in relation to whom the offence was committed was a child 223 Incest by adult female as the provision was in force from time to time before its repeal by the Criminal Law Amendment Act 1997 only if, at the time of the offence, the person in relation to whom the offence was committed was a child 229G Procuring engagement in prostitution as the provision was in force from time to time before its repeal by the Criminal Code (Decriminalising Sex Work) and Other Legislation Amendment Act 2024, only if an offender was or could have been liable as mentioned in section 229G(2) 229H Knowingly participating in provision of prostitution as the provision was in force from time to time before its repeal by the Criminal Code (Decriminalising Sex Work) and Other Legislation Amendment Act 2024, only if an offender was or could have been liable as mentioned in section 229H(2) 229I Persons found in places reasonably suspected of being used for prostitution etc. as the provision was in force from time to time before its repeal by the Criminal Code (Decriminalising Sex Work) and Other Legislation Amendment Act 2024, only if an offender was or could have been liable as mentioned in section 229I(2) 229L Permitting young person etc. to be at place used for prostitution as the provision was in force from time to time before its repeal by the Criminal Code (Decriminalising Sex Work) and Other Legislation Amendment Act 2024 344 Aggravated assaults as the provision was in force from 20 December 1946 to 30 June 1997 if—
(a) the circumstance of aggravation was that the unlawful assault was an offence of a sexual nature as defined in the Criminal Law Amendment Act 1945, section 2A; and

(b) at the time of the offence, the person in relation to whom the offence was committed was a child

2 Crimes Act 1914 (Cwlth)
Provision of Act Relevant heading Qualification 50BA Sexual intercourse with child under 16 as the provision was in force from time to time before its repeal by the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 (Cwlth) 50BB Inducing child under 16 to engage in sexual intercourse as the provision was in force from time to time before its repeal by the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 (Cwlth) 50BC Sexual conduct involving child under 16 as the provision was in force from time to time before its repeal by the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 (Cwlth) 50BD Inducing child under 16 to be involved in sexual conduct as the provision was in force from time to time before its repeal by the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 (Cwlth) 50DA Benefiting from offence against this Part as the provision was in force from time to time before its repeal by the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 (Cwlth) 50DB Encouraging offence against this Part as the provision was in force from time to time before its repeal by the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 (Cwlth)
3 Criminal Code (Cwlth)
Provision of Act Relevant heading Qualification 270.6 Sexual servitude offences only if an offender was or could have been liable as mentioned in section 270.8, as the provisions were in force from time to time before their repeal by the Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People Trafficking) Act 2013 (Cwlth) 270.7 Deceptive recruiting for sexual services only if an offender was or could have been liable as mentioned in section 270.8, as the provisions were in force from time to time before their repeal by the Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People Trafficking) Act 2013 (Cwlth) 272.10 Aggravated offence—child with mental impairment or under care, supervision or authority of defendant as the provision was in force from time to time before its amendment by the Crimes Legislation Amendment (Sexual Crimes Against Children and Community Protection Measures) Act 2020 (Cwlth) 273.5 Possessing, controlling, producing, distributing or obtaining child pornography material outside Australia as the provision was in force from time to time before its repeal by the Combatting Child Sexual Exploitation Legislation Amendment Act 2019 (Cwlth) 471.16 Using a postal or similar service for child pornography material as the provision was in force from time to time before its repeal by the Combatting Child Sexual Exploitation Legislation Amendment Act 2019 (Cwlth) 471.17 Possessing, controlling, producing, supplying or obtaining child pornography material for use through a postal or similar service as the provision was in force from time to time before its repeal by the Combatting Child Sexual Exploitation Legislation Amendment Act 2019 (Cwlth) 474.19 Using a carriage service for child pornography material as the provision was in force from time to time before its repeal by the Combatting Child Sexual Exploitation Legislation Amendment Act 2019 (Cwlth) 474.20 Possessing, controlling, producing, supplying or obtaining child pornography material for use through a carriage service as the provision was in force from time to time before its repeal by the Combatting Child Sexual Exploitation Legislation Amendment Act 2019 (Cwlth) 474.25B Aggravated offence—child with mental impairment or under care, supervision or authority of defendant as the provision was in force from time to time before its amendment by the Crimes Legislation Amendment (Sexual Crimes Against Children and Community Protection Measures) Act 2020 (Cwlth)

sch 5 (prev sch 2C) ins 2004 No. 49s 51 sub 2008 No. 18s 47 amd 2010 No. 5s 69(1) renum 2010 No. 5s 69(2) amd 2013 No. 14s 8; 2016 No. 50s 40sch 1; 2019 No. 18s 70A; 2020 No. 32s 66; 2021 No. 24s 56; 2024 No. 23s 36sch 1; 2024 No. 50s 138 Schedule 6 Offences that may form basis of investigative information section 305 (3) and (4)
1 Classification of Computer Games and Images Act 1995
Provision of Act Relevant heading Qualification relating to the provision of the Act 23 Demonstration of an objectionable computer game before a minor 28 Obtaining minor for objectionable computer game
2 Classification of Films Act 1991
Provision of Act Relevant heading Qualification relating to the provision of the Act 43 Procurement of minor for objectionable film
3 Classification of Publications Act 1991
Provision of Act Relevant heading Qualification relating to the provision of the Act 18 Procurement of minor for RC publication
4 Criminal Code
Provision of Act Relevant heading Qualification relating to the provision of the Act 210 Indecent treatment of children under 16 213 Owner etc. permitting abuse of children on premises 215 Engaging in penile intercourse with child under 16 216 Abuse of persons with an impairment of the mind 217 Procuring young person etc. for penile intercourse 217A Obtaining commercial sexual services from person who is not an adult 217B Allowing person who is not an adult to take part in commercial sexual services 217C Conduct relating to provision of commercial sexual services by person who is not an adult 218 Procuring sexual acts by coercion etc. if the offence was committed against a child or a person with disability 218B Grooming children under 16 219 Taking child for immoral purposes 221 Conspiracy to defile if the offence was committed against a child or a person with disability 222 Incest if the offence was committed against a child or a person with disability 228A Involving child in making child exploitation material 229B Repeated sexual conduct with a child 300 Unlawful homicide only if the unlawful killing is murder under section 302 and was committed against a child or a person with disability 349 Rape if the offence was committed against a child or person with disability 350 Attempt to commit rape if the offence was committed against a child or a person with disability 351 Assault with intent to commit rape if the offence was committed against a child or a person with disability 352 Sexual assaults if the offence was committed against a child or a person with disability
5 Criminal Code (Cwlth)
Provision of Act Relevant heading Qualification relating to the provision of the Act 270.6 Sexual servitude offences only if an offender was or could have been liable as mentioned in section 270.8 or if the offence is committed against a person with disability 270.7 Deceptive recruiting for sexual services only if an offender was or could have been liable as mentioned in section 270.8 or if the offence is committed against a person with disability 272.8 Sexual intercourse with child outside Australia 272.9 Sexual activity (other than sexual intercourse) with child outside Australia 272.10 Aggravated offence—child with mental impairment or under care, supervision or authority of defendant 272.11 Persistent sexual abuse of child outside Australia 272.12 Sexual intercourse with young person outside Australia— defendant in position of trust or authority 272.13 Sexual activity (other than sexual intercourse) with young person outside Australia— defendant in position of trust or authority 272.14 Procuring child to engage in sexual activity outside Australia 272.15 “Grooming” child to engage in sexual activity outside Australia

sch 6 ins 2010 No. 5s 70 amd 2013 No. 14s 9; 2016 No. 50s 40sch 1; 2017 No. 17s 258sch 1; 2020 No. 39s 70sch 1; 2023 No. 1s 97 sch 1pt 2; 2024 No. 23s 36sch 1 Schedule 6A Repealed or expired offences that may form basis of investigative information section 305 (3) and (4) Crimes Act 1914 (Cwlth) Provision of Act Relevant heading Qualification relating to the provision of the Act 50BA Sexual intercourse with child under 16 as the provision was in force from time to time before its repeal by the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 (Cwlth) 50BB Inducing child under 16 to engage in sexual intercourse as the provision was in force from time to time before its repeal by the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 (Cwlth) 50BC Sexual conduct involving child under 16 as the provision was in force from time to time before its repeal by the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 (Cwlth) 50BD Inducing child under 16 to be involved in sexual conduct as the provision was in force from time to time before its repeal by the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 (Cwlth) Criminal Code Provision of Code Relevant heading Qualification relating to the provision of the Act 208 Unlawful sodomy as the provision was in force from time to time before its repeal by the Health and Other Legislation Amendment Act 2016 for an offence committed before 1 July 1997, only if committed against a child or a person with an impairment of the mind 229G Procuring engagement in prostitution as the provision was in force from time to time before its repeal by the Criminal Code (Decriminalising Sex Work) and Other Legislation Amendment Act 2024, only if an offender was or could have been liable as mentioned in section 229G(2) 229H Knowingly participating in provision of prostitution as the provision was in force from time to time before its repeal by the Criminal Code (Decriminalising Sex Work) and Other Legislation Amendment Act 2024, only if an offender was or could have been liable as mentioned in section 229H(2) 229L Permitting young person etc. to be at place used for prostitution as the provision was in force from time to time before its repeal by the Criminal Code (Decriminalising Sex Work) and Other Legislation Amendment Act 2024

sch 6A ins 2013 No. 14s 10 amd 2016 No. 50s 40sch 1; 2024 No. 23s 36sch 1 Schedule 7 Dictionary section 9 sch 7 hdg amd 2019 No. 18s 71(1) ACC means the Australian Crime Commission established under the Australian Crime Commission Act 2002 (Cwlth). sch 7 def ACC ins 2022 No. 7s 131(1) accreditation board means the Non-State Schools Accreditation Board continued in existence under the Education (Accreditation of Non-State Schools) Act 2017, section 97(1). sch 7 def accreditation board ins 2010 No. 5s 71(2) sub 2017 No. 24s 270(1), (4) active recreation, for schedule 1, means a form of physical exertion or activity engaged in for the purpose of relaxation or enjoyment, that is not based on formal competition. sch 7 def active recreation ins 2004 No. 49s 52(2) adjunct care ... sch 7 def adjunct care ins 2002 No. 55s 196sch 1 amd 2011 No. 38s 62(2)–(3) om 2019 No. 18s 86(1)sch 1 adverse interstate WWC decision see section 20(1). sch 7 def adverse interstate WWC decision ins 2022 No. 7s 131(1) adverse interstate WWC information see section 20(3). sch 7 def adverse interstate WWC information ins 2022 No. 7s 131(1) advisory committee means an advisory committee established under section 242. sch 7 def advisory committee prev def amd 2010 No. 5s 56(3)sch 2 amdt 83 om 2014 No. 28s 92(1) pres def ins 2024 No. 50s 139(2) advocacy entity ... sch 7 def advocacy entity om 2014 No. 28s 92(1) alternative certifications ... sch 7 def alternative certifications ins 2010 No. 33s 115 om 2019 No. 18s 71(2) amended Act ... sch 7 def amended Act ins 2013 No. 14s 11(2) om 2019 No. 18s 86(1)sch 1 amending Act ... sch 7 def amending Act ins 2010 No. 5s 71(2) om 2019 No. 18s 86(1)sch 1 amusement park... sch 7 def amusement park ins 2004 No. 49s 52(2) om 2024 No. 50s 139(1) applicant, for a working with children check application, see section 187. sch 7 def applicant ins 2019 No. 18s 71(4) appointed members ... sch 7 def appointed members ins 2004 No. 13s 87(2) sub 2010 No. 5s 56(3)sch 2 amdts 81–82 om 2014 No. 28s 92(1) approved carer means an approved carer under the Child Protection Act 1999. sch 7 def approved carer ins 2005 No. 40s 69sch approved form means a form approved under section 400. sch 7 def approved form amd 2010 No. 5s 56(3)sch 2 amdt 84 approved foster carer ... sch 7 def approved foster carer ins 2004 No. 13s 87(2) om 2019 No. 18s 71(2) approved teacher means—
(a) a person who holds full registration or provisional registration under the Education (Queensland College of Teachers) Act 2005; or

(b) a person who holds a permission to teach under the Education (Queensland College of Teachers) Act 2005.
sch 7 def approved teacher ins 2010 No. 5s 71(2) approved way, for making an application or giving a notice, means a way for making the application, or giving the notice, approved by the chief executive and notified on a Queensland Government website. sch 7 def approved way ins 2019 No. 18s 71(4) assessable information see section 220. sch 7 def assessable information ins 2024 No. 50s 139(2) assistant commissioner ... sch 7 def assistant commissioner ins 2004 No. 13s 87(2) amd 2010 No. 5s 56(3)sch 2 amdt 85 om 2014 No. 28s 92(1) associated adult, of a regulated person for a home-based care service, for chapter 8A, see section 357D. sch 7 def associated adult ins 2019 No. 18s 71(3) authorised user, for chapter 8A, see section 357E. sch 7 def authorised user ins 2019 No. 18s 71(3) business includes a business or organisation in which profit is not the primary purpose of the activity constituting the business. sch 7 def business ins 2004 No. 49s 52(2) carer, in relation to a stand-alone service, means a person—
(a) who is engaged to provide education and care of a child in the course of a stand-alone service; or

(b) who is conducting the stand-alone service and providing education and care of children in the course of the service.
sch 7 def carer ins 2002 No. 55s 196sch 1 sub 2004 No. 13s 87(1)–(2) amd 2013 No. 44s 268(3) sub 2014 No. 26s 211 carer applicant means a person who has applied to be issued with a certificate under the Child Protection Act 1999, chapter 4, part 2, division 3 if the application has not been decided. sch 7 def carer applicant ins 2024 No. 50s 139(2) CDCRC ... sch 7 def CDCRC ins 2004 No. 13s 87(2) sub 2010 No. 5s 56(3)sch 2 amdts 81–82 om 2014 No. 28s 92(1) CDCRC member ... sch 7 def CDCRC member ins 2004 No. 13s 87(2) sub 2010 No. 5s 56(3)sch 2 amdts 81–82 om 2014 No. 28s 92(1) chapter 8 reviewable decision see section 353. sch 7 def chapter 8 reviewable decision ins 2010 No. 5s 71(2) charge, of an offence, means a charge in any form, including, for example, the following—
(a) a charge on an arrest;

(b) a notice to appear served under the Police Powers and Responsibilities Act 2000, section 382;

(c) a complaint under the Justices Act 1886;

(d) a charge by a court under the Justices Act 1886, section 42(1A), or another provision of an Act;

(e) an indictment.
sch 7 def charge amd 2002 No. 55s 196sch 1 (amdt could not be given effect); 2003 No. 19s 3sch; 2000 No. 5s 810sch 4 (amd 2006 No. 26ss 84, 86) chief executive ... sch 7 def chief executive ins 2014 No. 28s 92(2) om 2016 No. 43s 58(1) chief executive (child care) means the chief executive of the department in which the Education and Care Services National Law (Queensland) is administered. sch 7 def chief executive (child care) ins 2010 No. 5s 71(2) sub 2013 No. 44s 268(1)–(2) chief executive (child safety) means the chief executive of the department in which the Child Protection Act 1999 is administered. sch 7 def chief executive (child safety) ins 2004 No. 13s 87(2) amd 2019 No. 18s 86(1)sch 1 chief executive (disability services) ... sch 7 def chief executive (disability services) ins 2010 No. 5s 71(2) amd 2020 No. 39s 64(3) om 2024 No. 50s 139(1) chief executive (disability worker screening) means the chief executive of the department in which the Disability Services Act 2006, part 5 is administered. sch 7 def chief executive (disability worker screening) ins 2024 No. 50s 139(2) chief executive (education and care) means the chief executive of the department in which the Education and Care Services National Law (Queensland) is administered. sch 7 def chief executive (education and care) ins 2011 No. 38s 62(1) chief executive (families) ... sch 7 def chief executive (families) om 2004 No. 13s 87(1) chief executive’s screening functions means the chief executive’s functions under chapter 8. sch 7 def chief executive’s screening functions ins 2022 No. 7s 131(1) child accommodation service means a service for which the main purpose is to provide accommodation for children but does not include—
(a) the care of children by an approved carer under the Child Protection Act 1999 acting in that capacity; or

(b) the provision of accommodation to children under residential tenancy agreements under the Residential Tenancies and Rooming Accommodation Act 2008.
sch 7 def child accommodation service amd 2005 No. 40s 69sch; 2008 No. 73s 554sch 1 child care means care of a child provided—
(a) by someone other than a relative or guardian of the child; and

(b) for reward; and

(c) in the course of a service for regularly providing care of children.
sch 7 def child care ins 2002 No. 55s 196sch 1 child care centre ... sch 7 def child care centre ins 2002 No. 55s 196sch 1 om 2013 No. 44s 268(1) child care service ... sch 7 def child care service ins 2002 No. 55s 196sch 1 om 2013 No. 44s 268(1) child guardian functions ... sch 7 def child guardian functions ins 2004 No. 13s 87(2) amd 2010 No. 5s 56(3)sch 2 amdt 86 om 2014 No. 28s 92(1) child-related duties ... sch 7 def child-related duties ins 2010 No. 33s 115 om 2014 No. 28s 92(1) child-related employment decision see section 358. sch 7 def child-related employment decision ins 2009 No. 24s 39(2) sub 2010 No. 5s 56(3)sch 2 amdts 81–82 child-related service outlet ... sch 7 def child-related service outlet ins 2010 No. 5s 71(2) om 2020 No. 39s 64(1) Children Services Tribunal ... sch 7 def Children Services Tribunal om 2009 No. 24s 39(1) child safety department ... sch 7 def child safety department ins 2004 No. 13s 87(2) om 2019 No. 18s 86(1)sch 1 child safety system ... sch 7 def child safety system ins 2004 No. 13s 87(2) om 2014 No. 28s 92(1) college of teachers means the Queensland College of Teachers established under the Education (Queensland College of Teachers) Act 2005, section 229. sch 7 def college of teachers ins 2010 No. 5s 71(2) combined application see section 187A(2). sch 7 def combined application ins 2020 No. 39s 64(2) commencement ... sch 7 def commencement ins 2006 No. 17s 57(1) amd 2008 No. 18s 48(3) sub 2010 No. 5s 56(3)sch 2 amdts 81–82 amd 2013 No. 14s 11(3)–(5); 2014 No. 28s 92(3) om 2019 No. 18s 86(1)sch 1 commercial service means a service operated on a commercial basis. sch 7 def commercial service ins 2002 No. 55s 196sch 1 commission ... sch 7 def commission sub 2004 No. 13s 87(1)–(2) om 2014 No. 28s 92(1) commissioner ... sch 7 def commissioner sub 2004 No. 13s 87(1)–(2) om 2014 No. 28s 92(1) committee member, for chapter 8, part 4, division 9, subdivision 6, see section 241. sch 7 def committee member ins 2024 No. 50s 139(2) community visitor ... sch 7 def community visitor om 2014 No. 26s 211(1) complaints agency ... sch 7 def complaints agency amd 2001 No. 69s 378sch 1; 2001 No. 73s 96sch 1; 2006 No. 25s 241(1)sch 3 om 2014 No. 28s 92(1) conditional interstate WWC authority see section 19(4). sch 7 def conditional interstate WWC authority ins 2022 No. 7s 131(1) confidential information includes information about a person’s affairs but does not include—
(a) information already publicly disclosed unless further disclosure of the information is prohibited by law; or

(b) statistical or other information that could not reasonably be expected to result in the identification of the person to whom the information relates.
constituting members, for chapter 9, part 1, see section 358. sch 7 def constituting members ins 2009 No. 24s 39(2) sub 2010 No. 5s 56(3)sch 2 amdts 81–82 conviction means a finding of guilt by a court, or the acceptance of a plea of guilty by a court, whether or not a conviction is recorded. corresponding WWC law means a law of another State that substantially corresponds to chapter 8 of this Act. sch 7 def corresponding WWC law ins 2022 No. 7s 131(1) cousin ... sch 7 def cousin ins 2002 No. 55s 196sch 1 om 2019 No. 18s 71(2) CPOPOA disqualification order ... sch 7 def CPOPOA disqualification order ins 2008 No. 18s 48(2) amd 2008 No. 38s 252sch 3 sub 2010 No. 5s 71(1)–(2) om 2017 No. 14s 50sch 1 criminal history, of a person, means—
(a) every conviction of the person for an offence, in Queensland or elsewhere, and whether before or after the commencement of this Act; and

(b) every charge made against the person for an offence, in Queensland or elsewhere, and whether before or after the commencement of this Act.
current ... sch 7 def current sub 2004 No. 49s 52(1)–(2); 2010 No. 5s 71(1)–(2) om 2019 No. 18s 71(2) dealt with, in relation to a charge of an offence, means any of the following—
(a) the person who is charged is convicted or acquitted of the charge;

(b) the person who is charged is convicted of another offence in relation to which the acts or omissions were substantially the same as the acts or omissions of the charge of the offence;

(c) the charge has been withdrawn or dismissed;

(d) a nolle prosequi or no true bill is presented in relation to the charge.
sch 7 def dealt with ins 2004 No. 49s 52(2) department ... sch 7 def department ins 2014 No. 28s 92(2) om 2016 No. 43s 58(1) detention centre ... sch 7 def detention centre amd 1992 No. 44s 341sch 3 (ins 2002 No. 39ss 115, 118); 2009 No. 34s 45(1)schpt 1 om 2014 No. 28s 92(1) director, of a school’s governing body, see the Education (Accreditation of Non-State Schools) Act 2017, schedule 1. sch 7 def director ins 2010 No. 5s 71(2) amd 2017 No. 24s 270(2) disability see the Disability Services Act 2006, section 11. sch 7 def disability ins 2020 No. 39s 64(2) disability clearance means an NDIS clearance or State clearance. sch 7 def disability clearance ins 2020 No. 39s 64(2) disability exclusion means an exclusion under the Disability Services Act 2006. sch 7 def disability exclusion ins 2020 No. 39s 64(2) disability services see the Disability Services Act 2006, section 12. sch 7 def disability services ins 2010 No. 5s 71(2) amd 2014 No. 12s 333sch 2 (amd 2014 No. 12s 74) disability services regulated business ... sch 7 def disability services regulated business ins 2010 No. 5s 71(2) om 2019 No. 18s 86(1)sch 1 disability services regulated employment ... sch 7 def disability services regulated employment ins 2010 No. 5s 71(2) om 2019 No. 18s 86(1)sch 1 disability worker screening application means a disability worker screening application under the Disability Services Act 2006. sch 7 def disability worker screening application ins 2020 No. 39s 64(2) disciplinary information means information received by the chief executive—
(a) under the repealed Child Care Act 2002, section 50A or 107A; or

(b) under the Disability Services Act 2006, section 138ZG, to the extent the information is disciplinary information or NDIS disciplinary or misconduct information under that Act; or

(c) under the Education and Care Services Act 2013, section 91 or 200; or

(d) under the Education and Care Services National Law (Queensland) Act 2011, section 20 or 21; or

(e) under the Education and Care Services National Law (Queensland), section 271; or

(f) under the Child Protection Act 1999, section 140A; or

(g) under the Education (Queensland College of Teachers) Act 2005, section 285, or the repealed Education (Teacher Registration) Act 1988, section 71B; or

(h) under the Education (Queensland College of Teachers) Act 2005, section 285A in relation to a matter mentioned in subsection (1)(a)(ii) to (iv) of that section; or

(i) under the Education (Queensland College of Teachers) Act 2005, section 285AA; or

(j) under the repealed Health Practitioners (Disciplinary Proceedings) Act 1999, section 384A.
sch 7 def disciplinary information ins 2004 No. 49s 52(2) amd 2005 No. 47s 329sch 2 sub 2010 No. 5s 71(1)–(2) amd 2010 No. 14s 124sch; 2011 No. 38s 62(4)–(5); 2013 No. 13s 10(1); 2013 No. 44s 268(4); 2013 No. 36s 331sch 1; 2016 No. 46s 140; 2016 No. 43s 58(2); 2020 No. 39s 64(4)–(5) disclosable matter, in relation to a person, see section 186(1). sch 7 def disclosable matter ins 2024 No. 50s 139(2) disqualification order means—
(a) an order under section 357; or

(b) an offender prohibition disqualification order.
sch 7 def disqualification order ins 2004 No. 49s 52(2) sub 2008 No. 18s 48(1)–(2); 2010 No. 5s 71(1)–(2) amd 2017 No. 14s 50sch 1 disqualified person see section 17. sch 7 def disqualified person ins 2008 No. 18s 48(2) sub 2010 No. 5s 71(1)–(2) amd 2019 No. 18s 86(1)sch 1 disqualifying offence see section 16. sch 7 def disqualifying offence ins 2008 No. 18s 48(2) sub 2010 No. 5s 71(1)–(2) amd 2019 No. 18s 86(1)sch 1 domestic violence information, about a person, means information about the history of domestic violence orders made, or police protection directions or police protection notices issued, against the person under the Domestic and Family Violence Protection Act 2012. sch 7 def domestic violence information ins 2022 No. 7s 94 amd 2025 No. 18s 83sch 1 domestic violence order see the Domestic and Family Violence Protection Act 2012, section 23(2). sch 7 def domestic violence order ins 2022 No. 7s 94 education and care service see the Education and Care Services National Law (Queensland), section 5(1). sch 7 def education and care service ins 2011 No. 38s 62(1) education and care service premises see the Education and Care Services National Law (Queensland), section 5(1). sch 7 def education and care service premises ins 2011 No. 38s 62(1) education provider means—
(a) a registered higher education provider under the Tertiary Education Quality and Standards Agency Act 2011 (Cwlth); or

(b) a registered training organisation under the National Vocational Education and Training Regulator Act 2011 (Cwlth).
sch 7 def education provider ins 2004 No. 49s 52(2) amd 2008 No. 25s 164sch 1; 2012 No. 11s 43schpt 2 sub 2014 No. 25s 223 sch 1pt 2 educator—
(a) for education and care provided under the Education and Care Services National Law (Queensland)—means an educator under that Law; or

(b) for regulated education and care provided under the Education and Care Services Act 2013—means an educator under that Act.
sch 7 def educator ins 2011 No. 38s 62(1) sub 2013 No. 44s 268(1)–(2) eligibility application ... sch 7 def eligibility application ins 2008 No. 18s 48(2) sub 2010 No. 5s 71(1)–(2) om 2024 No. 50s 139(1) eligibility declaration ... sch 7 def eligibility declaration ins 2008 No. 18s 48(2) sub 2010 No. 5s 71(1)–(2) om 2024 No. 50s 139(1) employing ... sch 7 def employing om 2004 No. 49s 52(1) employment—
(a) in relation to a trainee student—see sections 10 and 11; or

(b) in relation to regulated employment mentioned in schedule 1, section 4(2) or (3)—includes employment by the person mentioned in that section in the circumstances mentioned in the section; or

(c) in relation to regulated employment mentioned in schedule 1, section 14(1) or (2)—includes employment by the State in the circumstances mentioned in section 12; or

(d) otherwise—see section 10.
sch 7 def employment ins 2004 No. 49s 52(2) amd 2006 No. 17s 57(2)–(3) sub 2010 No. 5s 71(1)–(2) amd 2013 No. 44s 268(5)–(6) sub 2019 No. 18s 71(2), (4) employment-screening decision, in relation to a person, means a decision about—
(a) whether a working with children authority or negative notice should be issued to the person; or

(b) whether a person’s working with children authority or negative notice should be cancelled.
sch 7 def employment-screening decision sub 2004 No. 49s 52(1)–(2); 2010 No. 5s 71(1)–(2); 2019 No. 18s 71(2), (4) amd 2024 No. 50s 139(3) engage ... sch 7 def engage ins 2010 No. 33s 115 om 2019 No. 18s 71(2) exceptional case ... sch 7 def exceptional case ins 2010 No. 5s 71(2) om 2024 No. 50s 139(1) excluding offence ... sch 7 def excluding offence ins 2004 No. 49s 52(2) om 2008 No. 18s 48(1) executive officer, of a corporation, means any person, by whatever name called and whether or not the person is a director of the corporation, who is concerned or takes part in the management of the corporation. sch 7 def executive officer ins 2004 No. 49s 52(2) exemption notice ... sch 7 def exemption notice ins 2010 No. 5s 71(2) om 2019 No. 18s 71(2) exemption notice application ... sch 7 def exemption notice application ins 2010 No. 5s 71(2) om 2019 No. 18s 71(2) expert advisor means a person appointed under section 246D. sch 7 def expert advisor ins 2024 No. 50s 139(2) family day care residence see the Education and Care Services National Law (Queensland), section 5(1). sch 7 def family day care residence ins 2019 No. 18s 71(3) family day care service see the Education and Care Services National Law (Queensland), section 5(1). sch 7 def family day care service ins 2019 No. 18s 71(3) final offender prohibition order means a final order under the Offender Reporting Act. sch 7 def final offender prohibition order ins 2008 No. 18s 48(2) amd 2017 No. 14s 50sch 1 final sexual offender order means a division 3 order under the Dangerous Prisoners (Sexual Offenders) Act 2003. sch 7 def final sexual offender order ins 2010 No. 5s 71(2) foster or kinship care, for chapter 8A, see section 357B(a). sch 7 def foster or kinship care ins 2019 No. 18s 71(3) foster and kinship care service means an entity that is funded by the State to provide services supporting approved carers, or carer applicants, under a contract with the chief executive (child safety). sch 7 def foster or kinship care service ins 2024 No. 50s 139(2) funded non-government service provider ... sch 7 def funded non-government service provider ins 2010 No. 5s 71(2) amd 2014 No. 12s 333sch 2 (amd 2014 No. 12s 74) om 2020 No. 39s 64(1) government entity means a government entity under the Public Sector Act 2022, section 276, and includes the police service to the extent it is not a government entity under that section. sch 7 def government entity sub 2004 No. 36s 56(1) amd 2009 No. 25s 83sch; 2022 No. 34s 365sch 3 government service provider ... sch 7 def government service provider sub 2010 No. 5s 56(3)sch 2 amdts 81–82 om 2014 No. 28s 92(1) guardian, of a child, means any of the following persons—
(a) a person who is recognised in law as having all the duties, powers, responsibilities and authority relating to the child that, by law, parents have relating to their children; Editor’s note— See the Family Law Act 1975 (Cwlth), part VII (Children), division 2 (Parental responsibility).

(b) a person in whose favour a parenting order is in force under the Family Law Act 1975 (Cwlth);

(c) a carer of the child under the Child Protection Act 1999;

(d) a person who is entitled to the custody of the child under the Adoption Act 2009.
sch 7 def guardian, of a child, ins 2002 No. 55s 196sch 1 amd 2009 No. 29s 368sch 2 guardian, of a person with disability, means a guardian appointed for the person under the Guardianship and Administration Act 2000. sch 7 def guardian, of a person with disability, ins 2010 No. 5s 71(2) amd 2020 No. 39s 70sch 1 harm has the meaning given in the Child Protection Act 1999, section 9. Editor’s note— Child Protection Act 1999 , section 9—
9 What is harm
(1) Harm, to a child, is any detrimental effect of a significant nature on the child’s physical, psychological or emotional wellbeing.

(2) It is immaterial how the harm is caused.

(3) Harm can be caused by—
(a) physical, psychological or emotional abuse or neglect; or

(b) sexual abuse or exploitation.

(4) Harm can be caused by—
(a) a single act, omission or circumstance; or

(b) a series or combination of acts, omissions or circumstances.
health facility—
(a) means a hospital, nursing home, community health facility or another similar place; and

(b) includes a place that is used as a hospital, nursing home or community health facility on a temporary basis.
sch 7 def health facility ins 2010 No. 5s 71(2) health professional means—
(a) a registered health practitioner; or

(b) a health care worker; or

(c) an assistant to a health practitioner. Examples for paragraph (c)— dental assistant, nurses aide
sch 7 def health professional ins 2010 No. 5s 71(2) health student means a person to whom education or training is being provided at a health facility if the education or training enables the person to whom it is provided—
(a) to obtain the necessary education or qualification to become a health professional; or

(b) to obtain the necessary registration, enrolment or other authorisation (however called) to practise as a health professional; or

(c) to complete a course of study for paragraph (b).
sch 7 def health student ins 2010 No. 5s 71(2) health student regulated business ... sch 7 def health student regulated business ins 2010 No. 5s 71(2) om 2019 No. 18s 86(1)sch 1 health student regulated employment ... sch 7 def health student regulated employment ins 2010 No. 5s 71(2) om 2019 No. 18s 86(1)sch 1 home-based care service, for chapter 8A, see section 357B. sch 7 def home-based care service ins 2019 No. 18s 71(3) home-based family day care service, for chapter 8A, see section 357B(b). sch 7 def home-based family day care service ins 2019 No. 18s 71(3) home-based stand-alone care service see section 357B(c). sch 7 def home-based stand-alone care service ins 2019 No. 18s 71(3) hospital means a public sector hospital under the Hospital and Health Boards Act 2011 or a private health facility under the Private Health Facilities Act 1999. sch 7 def hospital reloc from sch 1 s 5 2010 No. 5s 65(13) sub 2013 No. 36s 331sch 1 identifying information, in relation to a person, for chapter 8, part 4, division 9, subdivision 2, see section 221. sch 7 def identifying information ins 2024 No. 50s 139(2) imprisonment order—
(a) means either of the following orders—
(i) an order of a court that convicts a person for an offence, if the order includes a penalty that includes imprisonment for the offence, whether wholly or partially suspended;

(ii) an intensive correction order under the Penalties and Sentences Act 1992 or an order of another jurisdiction that substantially corresponds to an intensive correction order; but

(b) does not include an order of imprisonment that is imposed as a consequence of a breach of a community service order or probation order within the meaning of the Penalties and Sentences Act 1992.
sch 7 def imprisonment order ins 2004 No. 49s 52(2) sub 2008 No. 18s 48(1)–(2) in effect, in relation to an adverse interstate WWC decision, see section 20(2). sch 7 def in effect ins 2022 No. 7s 131(1) influence ... sch 7 def influence om 2019 No. 18s 71(2) interim sexual offender order means an interim detention order or interim supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003. sch 7 def interim sexual offender order ins 2010 No. 5s 71(2) interstate interim bar see section 19(5). sch 7 def interstate interim bar ins 2022 No. 7s 131(1) interstate NDIS clearance see the Disability Services Act 2006, section 50(3). sch 7 def interstate NDIS clearance ins 2020 No. 39s 64(2) interstate NDIS exclusion see the Disability Services Act 2006, section 51(3). sch 7 def interstate NDIS exclusion ins 2020 No. 39s 64(2) interstate negative notice see section 19(3). sch 7 def interstate negative notice ins 2022 No. 7s 131(1) interstate screening unit means an entity responsible, under a corresponding WWC law, for deciding interstate working with children check applications. sch 7 def interstate screening unit ins 2022 No. 7s 131(1) interstate working with children authority see section 19(2). sch 7 def interstate working with children authority ins 2022 No. 7s 131(1) interstate working with children check application see section 19(1). sch 7 def interstate working with children check application ins 2022 No. 7s 131(1) in the child safety system ... sch 7 def in the child safety system ins 2004 No. 13s 87(2) sub 2010 No. 5s 56(3)sch 2 amdts 81–82 om 2014 No. 28s 92(1) investigative information see section 305. sch 7 def investigative information ins 2004 No. 49s 52(2) sub 2010 No. 5s 71(1)–(2) issue—
(a) a negative notice to a person includes issue a negative notice to the person when the person’s working with children authority is cancelled; and

(b) a working with children authority to a person includes issue a working with children authority to the person when the person’s negative notice is cancelled.
sch 7 def issue ins 2010 No. 5s 71(2) sub 2019 No. 18s 71(2), (4) jurisdiction, other than in relation to this jurisdiction, means the Commonwealth, a State or a foreign jurisdiction. sch 7 def jurisdiction ins 2004 No. 49s 52(2) licensed care service means a licensed care service under the Child Protection Act 1999. sch 7 def licensed care service ins 2006 No. 17s 57(1) licensed residential facility means a licensed residential facility under the Child Protection Act 1999. sch 7 def licensed residential facility ins 2006 No. 17s 57(1) licensee ... sch 7 def licensee ins 2004 No. 13s 87(2) sub 2010 No. 5s 56(3)sch 2 amdts 81–82 om 2014 No. 28s 92(1) member, of a person’s household, see the Child Protection Act 1999, schedule 3. sch 7 def member ins 2006 No. 17s 57(1) minimum frequency for regulated employment ... sch 7 def minimum frequency for regulated employment ins 2010 No. 5s 71(2) om 2019 No. 18s 71(2) monitoring functions ... sch 7 def monitoring functions ins 2004 No. 13s 87(2) amd 2004 No. 36s 56(2); 2010 No. 5s 56(3)sch 2 amdt 87 om 2014 No. 28s 92(1) national policing information see the Australian Crime Commission Act 2002 (Cwlth), section 4(1). sch 7 def national policing information ins 2022 No. 7s 131(1) national policing information functions see the Australian Crime Commission Act 2002 (Cwlth), section 4(1). sch 7 def national policing information functions ins 2022 No. 7s 131(1) NDIS clearance see the Disability Services Act 2006, section 50(2). sch 7 def NDIS clearance ins 2020 No. 39s 64(2) NDIS non-government service provider ... sch 7 def NDIS non-government service provider ins 2016 No. 9s 62 sub 2019 No. 19s 80 om 2020 No. 39s 64(1) NDIS supports or services see the Disability Services Act 2006, section 12A. sch 7 def NDIS supports or services ins 2020 No. 39s 64(2) negative exemption notice ... sch 7 def negative exemption notice ins 2010 No. 5s 71(2) om 2019 No. 18s 71(2) negative notice see section 18C. sch 7 def negative notice sub 2004 No. 49s 52(1)–(2); 2010 No. 5s 71(1)–(2); 2019 No. 18s 71(2); 2024 No. 50s 139(1)–(2) new disqualified person ... sch 7 def new disqualified person ins 2010 No. 5s 71(2) sub 2013 No. 14s 11(1)–(2) om 2019 No. 18s 86(1)sch 1 new disqualifying offence ... sch 7 def new disqualifying offence ins 2010 No. 5s 71(2) sub 2013 No. 14s 11(1)–(2) om 2019 No. 18s 86(1)sch 1 new local government regulated business ... sch 7 def new local government regulated business ins 2010 No. 5s 71(2) om 2019 No. 18s 86(1)sch 1 new local government regulated employment ... sch 7 def new local government regulated employment ins 2010 No. 5s 71(2) om 2019 No. 18s 86(1)sch 1 new relevant disqualified person ... sch 7 def new relevant disqualified person ins 2010 No. 5s 71(2) sub 2013 No. 14s 11(1)–(2) om 2019 No. 18s 86(1)sch 1 new serious offence ... sch 7 def new serious offence ins 2013 No. 14s 11(2) om 2019 No. 18s 86(1)sch 1 notice for information ... sch 7 def notice for information sub 2010 No. 5s 56(3)sch 2 amdts 81–82 om 2014 No. 28s 92(1) notice of deemed withdrawal ... sch 7 def notice of deemed withdrawal ins 2010 No. 5s 71(2) om 2019 No. 18s 71(2) notifiable person, for a person—
(a) means—
(i) if the chief executive is aware the person has applied for, started or is continuing in, regulated employment—the person’s employer or proposed employer; or

(ii) if the chief executive is aware the person is a trainee student of an education provider—the education provider; or

(iii) if the chief executive is aware that the person is an approved provider or staff member for a QEC service, or a volunteer who works in or as part of a QEC service, under the Education and Care Services Act 2013—the chief executive (education and care); or

(iv) if the chief executive is aware that the person is an adult occupant of a home in which a home-based stand-alone care service is provided—the chief executive (child care); or

(v) if the chief executive is aware that the person is an approved provider or staff member in relation to an education and care service under the Education and Care Services National Law (Queensland)—the chief executive (education and care); or

(vi) if the chief executive is aware the person is an adult occupant of a family day care residence—the chief executive (education and care); or

(vii) if the chief executive is aware that the person is carrying on a regulated business as a religious representative—an entity within the relevant organised or recognised religious group that the chief executive reasonably considers has responsibility for supervising or disciplining the person; or

(viii) if the chief executive is aware that the person is the nominee for, or an executive officer of an applicant for or holder of, a licence under the Child Protection Act 1999—the chief executive (child safety); or

(ix) if the chief executive is aware that the person performs a risk-assessed role for a licensed care service but is not an employee of the licensed care service—the licensee of the licensed care service under the Child Protection Act 1999; or

(x) if the chief executive is aware that a person is an approved carer or an adult member of an approved carer’s household—a foster and kinship care service supporting the person; or

(xi) if the chief executive is aware that a person is a carer applicant or is an adult member of the carer applicant’s household—a foster and kinship care service supporting the person; and

(b) includes—
(i) if the person is a police officer—the police commissioner; or

(ii) if the person is a registered teacher—the college of teachers.
sch 7 def notifiable person ins 2010 No. 5s 71(2) amd 2011 No. 38s 62(6)–(7); 2013 No. 44s 268(7)–(8); 2016 No. 43s 58(2); 2019 No. 18s 71(5)–(9); 2022 No. 7s 131(2); 2024 No. 50 s 139(4)–(6) obstruct ... sch 7 def obstruct om 2014 No. 28s 92(1) occupant—
(a) of a home in which a home-based stand-alone service is provided, see the Education and Care Services Act 2013, schedule 1; or

(b) of a family day care residence, see the Education and Care Services National Law (Queensland) Act 2011, section 22(4).
sch 7 def occupant ins 2019 No. 18s 71(3) offender prohibition disqualification order means a disqualification order made under the Offender Reporting Act, section 13T. sch 7 def offender prohibition disqualification order ins 2017 No. 14s 50sch 1 offender prohibition order means an offender prohibition order under the Offender Reporting Act. sch 7 def offender prohibition order ins 2008 No. 18s 48(2) amd 2017 No. 14s 50sch 1 Offender Prohibition Order Act ... sch 7 def Offender Prohibition Order Act ins 2008 No. 18s 48(2) om 2017 No. 14s 50sch 1 Offender Reporting Act means the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004. sch 7 def Offender Reporting Act ins 2008 No. 18s 48(2) amd 2017 No. 14s 50sch 1 offender reporting obligations means reporting obligations under the Offender Reporting Act. sch 7 def offender reporting obligations ins 2010 No. 5s 71(2) original reviews ... sch 7 def original reviews ins 2004 No. 13s 87(2) sub 2010 No. 5s 56(3)sch 2 amdts 81–82 om 2014 No. 28s 92(1) other new regulated business ... sch 7 def other new regulated business ins 2010 No. 5s 71(2) om 2019 No. 18s 86(1)sch 1 other new regulated employment ... sch 7 def other new regulated employment ins 2010 No. 5s 71(2) om 2019 No. 18s 86(1)sch 1 parent see section 390. sch 7 def parent sub 2010 No. 5s 56(3)sch 2 amdts 81–82 person with a disability ... sch 7 def person with a disability ins 2010 No. 5s 71(2) amd 2014 No. 12s 333sch 2 (amd 2014 No. 12s 74) om 2020 No. 39s 64(1) police commissioner ... sch 7 def police commissioner om 2023 No. 23s 247sch 1s 3 police information, about a person, means the following—
(a) the person’s criminal history;

(b) investigative information about the person;

(c) information as to whether the person is or has been—
(i) a disqualified person; or

(ii) the subject of an application for a disqualification order; or

(iii) named as the respondent to an application for an offender prohibition order.
sch 7 def police information ins 2004 No. 49s 52(2) amd 2008 No. 18s 48(4); 2024 No. 50s 139(7) police protection direction see the Domestic and Family Violence Protection Act 2012, section 100B(1). sch 7 def police protection direction ins 2025 No. 18s 83sch 1 police protection notice see the Domestic and Family Violence Protection Act 2012, sections 101(1) and 101A(1). sch 7 def police protection notice ins 2022 No. 7s 94 police service means the Queensland Police Service. sch 7 def police service ins 2004 No. 13s 87(2) policies ... sch 7 def policies ins 2004 No. 13s 87(2) sub 2010 No. 5s 56(3)sch 2 amdts 81–82 om 2014 No. 28s 92(1) positive exemption notice ... sch 7 def positive exemption notice ins 2010 No. 5s 71(2) om 2019 No. 18s 71(2) positive notice ... sch 7 def positive notice sub 2004 No. 49s 52(1)–(2); 2010 No. 5s 71(1)–(2) om 2019 No. 18s 71(2) positive notice blue card ... sch 7 def positive notice blue card ins 2004 No. 49s 52(2) om 2019 No. 18s 71(2) potential employer, of a person, means a person who—
(a) the chief executive reasonably believes employs, or proposes to employ, the person; and

(b) is not a notifiable person for the person.
sch 7 def potential employer ins 2019 No. 18s 71(4) prescribed department means—
(a) the department responsible for the care and protection of children; or

(b) the department responsible for community services; or

(c) the department responsible for disability services; or

(d) the department responsible for mental health.
sch 7 def prescribed department amd 2004 No. 13s 87(3)–(4) prescribed entity, for chapter 8, part 6, division 8A, see section 344AAA. sch 7 def prescribed entity ins 2024 No. 50s 139(2) prescribed fee means fee prescribed under a regulation. sch 7 def prescribed fee ins 2010 No. 5s 71(2) prescribed notice ... sch 7 def prescribed notice ins 2004 No. 49s 52(2) sub 2010 No. 5s 71(1)–(2) om 2019 No. 18s 71(2) prescribed notice application ... sch 7 def prescribed notice application ins 2010 No. 5s 71(2) om 2019 No. 18s 71(2) prescribed period, for chapter 8, part 7, division 3, see section 353. sch 7 def prescribed period ins 2010 No. 5s 71(2) prescribed person ... sch 7 def prescribed person ins 2008 No. 18s 48(2) om 2019 No. 18s 71(2) prescribed police information ... sch 7 def prescribed police information ins 2010 No. 5s 71(2) om 2019 No. 18s 86(1)sch 1 previous section 97 ... sch 7 def previous section 97 ins 2010 No. 5s 71(2) om 2019 No. 18s 86(1)sch 1 private service provider ... sch 7 def private service provider sub 2010 No. 5s 56(3)sch 2 amdts 81–82 om 2014 No. 28s 92(1) proof of identity documents ... sch 7 def proof of identity documents ins 2010 No. 33s 115 om 2019 No. 18s 71(2) provisionally approved carer means a provisionally approved carer under the Child Protection Act 1999. sch 7 def provisionally approved carer ins 2006 No. 17s 57(1) Public Safety Business Agency ... sch 7 def Public Safety Business Agency ins 2014 No. 28s 92(2) om 2016 No. 43s 58(1) public sector entity see the Public Sector Act 2022, section 8. sch 7 def public sector entity ins 2022 No. 34s 365sch 3 QCAT child-related employment review, for chapter 9, part 1, see section 358. sch 7 def QCAT child-related employment review ins 2009 No. 24s 39(2) sub 2010 No. 5s 56(3)sch 2 amdts 81–82 QCAT president, for chapter 9, part 1, see section 358. sch 7 def QCAT president ins 2009 No. 24s 39(2) sub 2010 No. 5s 56(3)sch 2 amdts 81–82 QEC service means a Queensland education and care service. sch 7 def QEC service ins 2013 No. 44s 268(2) QEC service premises means each place at which a QEC service operates or is to operate. sch 7 def QEC service premises ins 2013 No. 44s 268(2) Queensland education and care service see the Education and Care Services Act 2013, section 8. sch 7 def Queensland education and care service ins 2013 No. 44s 268(2) Queensland Government website means a website with a URL that contains ‘qld.gov.au’, other than the website of a local government. sch 7 def Queensland Government website ins 2019 No. 18s 71(4) recorded statement see the Evidence Act 1977, section 103A. sch 7 def recorded statement ins 2022 No. 12s 51(1) register, for chapter 8A, see section 357A. sch 7 def register ins 2019 No. 18s 71(3) registered health practitioner means a person registered under the Health Practitioner Regulation National Law, other than as a student. sch 7 def registered health practitioner amd 2001 No. 3s 241sch 2; 2001 No. 4s 267sch 2; 2001 No. 5s 247sch 2; 2001 No. 7s 302sch 2; 2001 No. 8s 237sch 2; 2001 No. 9s 239sch 2; 2001No. 10s 237sch 2; 2001 No. 12s 245sch 2; 2001 No. 13s 242sch 2; 2001 No. 14s 238sch 2; 2001 No. 15s 255sch 2; 2001 No. 16s 236sch 2 sub 2010 No. 5s 71(1)–(2); 2010 No. 14s 124sch amd 2012 No. 10s 9; 2013 No. 13s 10(2) registered teacher means a person who holds full registration or provisional registration under the Education (Queensland College of Teachers) Act 2005 and whose full or provisional registration is not suspended under section 48 or 49 of that Act. sch 7 def registered teacher sub 2005 No. 47s 329sch 2; 2010 No. 5s 71(1)–(2) regulated business see section 157. sch 7 def regulated business sub 2010 No. 5s 71(1)–(2); 2019 No. 18s 71(2), (4) regulated employment see section 156. sch 7 def regulated employment sub 2010 No. 5s 71(1)–(2); 2019 No. 18s 71(2), (4) regulated person, for chapter 8A, see section 357C. sch 7 def regulated person ins 2019 No. 18s 71(3) relative, of a person—
(a) means the person’s parent, grandparent, great grandparent, brother, sister, uncle, aunt, niece, nephew or first cousin; and

(b) for an Aboriginal person—includes a person who, under Aboriginal tradition, is regarded as a relative mentioned in paragraph (a); and

(c) for a Torres Strait Islander—includes a person who, under Island custom, is regarded as a relative mentioned in paragraph (a); and

(d) for a person with a parent who is not a natural parent—includes anyone who would be a relative mentioned in paragraph (a) if the parent were a natural parent. Example for paragraph (d)— The daughter of a person’s step-parent is a relative of the person.
sch 7 def relative ins 2002 No. 55s 196sch 1 sub 2010 No. 5s 71(1)–(2) relevant disqualified person ... sch 7 def relevant disqualified person ins 2008 No. 18s 48(2) sub 2010 No. 5s 71(1)–(2) amd 2019 No. 18s 86(1)sch 1 om 2024 No. 50s 139(1) relevant disqualified person decision ... sch 7 def relevant disqualified person decision ins 2010 No. 5s 71(2) om 2024 No. 50s 139(1) relevant person, for chapter 8, part 6, division 5, subdivision 3, see section 328A. sch 7 def relevant person ins 2024 No. 50s 139(2) relevant provider ... sch 7 def relevant provider sub 2010 No. 5s 56(3)sch 2 amdts 81–82 om 2014 No. 28s 92(1) relevant review and appeal information, for a decision about a person, means the following information—
(a) if the reasons for the decision do not include investigative information—the circumstances in which the person may apply to QCAT for a review of the decision under chapter 8, part 7, division 3; and

(b) if the reasons for the decision include investigative information—
(i) the right of the person to appeal, under section 307, to a Magistrates Court about the police commissioner’s decision that the information is investigative information; and

(ii) the circumstances in which the person may apply to QCAT for a review of the decision under section 309(3);

(c) the period within which the person must apply to QCAT for the review or appeal to a Magistrates Court;

(d) how the person may apply for the review to QCAT or appeal to a Magistrates Court;

(e) there is no review or appeal under this Act in relation to the decision other than as mentioned in paragraph (a) or (b).
sch 7 def relevant review and appeal information ins 2010 No. 5s 71(2) relevant service providers ... sch 7 def relevant service providers ins 2004 No. 13s 87(2) sub 2010 No. 5s 56(3)sch 2 amdts 81–82 om 2014 No. 28s 92(1) religious representative means a person—
(a) who is a member of—
(i) an organised religion; or

(ii) a religious group even if the group is not part of, or does not consider itself to be part of, an organised religion; and

(b) who, because of the way the organised religion or religious group operates—
(i) holds a position in the religion or group that is supported by the religion or group, including financial support, in a way that allows the person—
(A) to devote himself or herself to promoting the religion’s or group’s objects or values; and

(B) to hold himself or herself out as a representative of the religion or group; or

(ii) is training to hold a position mentioned in subparagraph (i).
sch 7 def religious representative ins 2004 No. 49s 52(2) repealed Act means the Children’s Commissioner and Children’s Services Appeals Tribunals Act 1996. residential facility means a place at which a child accommodation service is provided—
(a) by a prescribed department; or

(b) under funding provided by a prescribed department; or

(c) under funding provided by the Commonwealth and administered by a prescribed department; or

(d) under a licence under the Child Protection Act 1999; or

(e) to children who are, under the Child Protection Act 1999, in the custody or guardianship of the chief executive of the department in which that Act is administered, if the place is prescribed under a regulation made for this paragraph.
restricted employment see section 176H. sch 7 def restricted employment ins 2019 No. 18s 71(4) restricted person, for chapter 7, part 4, division 4, see section 176H. sch 7 def restricted person ins 2019 No. 18s 71(4) reviewable decision ... sch 7 def reviewable decision ins 2004 No. 13s 87(2) sub 2010 No. 5s 56(3)sch 2 amdts 81–82 om 2014 No. 26s 211(1) review criteria ... sch 7 def review criteria ins 2004 No. 13s 87(2) sub 2010 No. 5s 56(3)sch 2 amdts 81–82 om 2014 No. 28s 92(1) risk-assessed role see the Child Protection Act 1999, section 123A. sch 7 def risk-assessed role ins 2022 No. 7s 131(1) risk assessment means a risk assessment conducted by the chief executive under chapter 8, part 4, division 9, subdivision 4. sch 7 def risk assessment ins 2024 No. 50s 139(2) risk to the safety of children see section 18D. sch 7 def risk to the safety of children ins 2024 No. 50s 139(2) school means—
(a) a State educational institution; or

(b) an accredited school under the Education (Accreditation of Non-State Schools) Act 2017.
sch 7 def school sub 2001 No. 60s 218sch 1 amd 2006 No. 39s 512(1)sch 1; 2017 No. 24s 270(3); 2024 No. 50s 139(8) section 93A transcript has the meaning it has under the Evidence Act 1977, schedule 3. sch 7 def section 93A transcript ins 2010 No. 5s 71(2) amd 2022 No. 12s 51(2) serious child-related sexual offence ... sch 7 def serious child-related sexual offence ins 2004 No. 49s 52(2) om 2008 No. 18s 48(1) serious offence see section 15. sch 7 def serious offence sub 2004 No. 49s 52(1)–(2); 2010 No. 5s 71(1)–(2) amd 2019 No. 18s 86(1)sch 1 serious offence involving a child ... sch 7 def serious offence involving a child om 2004 No. 49s 52(1) service provider ... sch 7 def service provider sub 2010 No. 5s 56(3)sch 2 amdts 81–82 om 2014 No. 28s 92(1) sexual offender order means a division 3 order, interim detention order or interim supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003. sch 7 def sexual offender order ins 2010 No. 5s 71(2) sport means a form of human activity capable of achieving a result requiring physical exertion or physical skill that, because of its nature or organisation, is competitive and is generally recognised as sport. sch 7 def sport ins 2004 No. 49s 52(2) staff member—
(a) in relation to an education and care service—means an individual employed, appointed or engaged to work in or as part of the service, whether as a family day care co-ordinator, educator or otherwise, and includes the nominated supervisor and a person employed, appointed or engaged as a volunteer; or

(b) in relation to a QEC service, see the Education and Care Services Act 2013, schedule 1.
sch 7 def staff member amd 2002 No. 55s 196sch 1 sub 2010 No. 5s 71(1)–(2) amd 2011 No. 38s 62(8)–(9); 2013 No. 44s 268(9) sub 2014 No. 26s 211 amd 2019 No. 18s 86(1)sch 1 stand-alone service see the Education and Care Services Act 2013, section 9. sch 7 def stand-alone service ins 2013 No. 44s 268(2) State clearance see the Disability Services Act 2006, section 50(4). sch 7 def State clearance ins 2020 No. 39s 64(2) State Coroner ... sch 7 def State Coroner ins 2004 No. 13s 87(2) om 2014 No. 28s 92(1) State educational institution see the Education (General Provisions) Act 2006, schedule 4. sch 7 def State educational institution ins 2024 No. 50s 139(2) suitability notice ... sch 7 def suitability notice om 2004 No. 49s 52(1) teacher registration, of a person, means the person’s full registration or provisional registration under the Education (Queensland College of Teachers) Act 2005. sch 7 def teacher registration ins 2019 No. 18s 71(4) teacher registration information ... sch 7 def teacher registration information ins 2003 No. 88s 9 om 2005 No. 47s 329sch 2 temporary offender prohibition order means a temporary order under the Offender Reporting Act. sch 7 def temporary offender prohibition order ins 2008 No. 18s 48(2) amd 2017 No. 14s 50sch 1 trainee student, of an education provider, means a person undertaking a course of study with the education provider. sch 7 def trainee student ins 2004 No. 49s 52(2) transitioning person ... sch 7 def transitioning person ins 2010 No. 5s 71(2) om 2019 No. 18s 71(4) unamended Act ... sch 7 def unamended Act ins 2010 No. 5s 71(2) om 2019 No. 18s 86(1)sch 1 unit of public administration ... sch 7 def unit of public administration sub 2001 No. 69s 378sch 1 om 2014 No. 28s 92(1) visitable home ... sch 7 def visitable home ins 2004 No. 13s 87(2) sub 2010 No. 5s 56(3)sch 2 amdts 81–82 om 2014 No. 26s 211(1) visitable site ... sch 7 def visitable site sub 2004 No. 13s 87(1)–(2) sub 2010 No. 5s 56(3)sch 2 amdts 81–82 om 2014 No. 26s 211(1) volunteer see section 13. sch 7 def volunteer ins 2004 No. 49s 52(2) sub 2010 No. 5s 71(1)–(2) amd 2019 No. 18s 86(1)sch 1 withdrawal notice see section 195. sch 7 def withdrawal notice ins 2019 No. 18s 71(4) woman ... sch 7 def woman ins 2004 No. 13s 87(2) om 2014 No. 28s 92(1) work includes the provision of a service, or the conduct of an activity—
(a) as part of providing a child accommodation service; or

(b) in the course of a religious vocation.
sch 7 def work sub 2004 No. 49s 52(1)–(2) amd 2010 No. 5s 56(3)sch 2 amdt 88; 2019 No. 18s 86(1)sch 1 working with children authority see section 18. sch 7 def working with children authority ins 2019 No. 18s 71(4) sub 2024 No. 50s 139(1)–(2) working with children card means a document, in the form of a card, that—
(a) evidences that a working with children authority has been issued to a person; and

(b) includes a photograph of the person and the following information—
(i) the person’s name;

(ii) a registration number for the person’s authority;

(iii) the expiry date of the person’s authority.
sch 7 def working with children card ins 2019 No. 18s 71(4) amd 2020 No. 39s 70sch 1 working with children check application means—
(a) a working with children check (general) application; or

(b) a working with children check (exemption) application.
sch 7 def working with children check application ins 2019 No. 18s 71(4) working with children check (exemption) application means—
(a) an application for a working with children check for an exemption made under section 187(2); or

(b) a combined application, to the extent it is an application mentioned in paragraph (a).
sch 7 def working with children check (exemption) application ins 2019 No. 18s 71(4) sub 2020 No. 39s 64(1)–(2) working with children check (general) application means—
(a) an application for a working with children check made under section 187(1); or

(b) a combined application, to the extent it is an application mentioned in paragraph (a).
sch 7 def working with children check (general) application ins 2019 No. 18s 71(4) sub 2020 No. 39s 64(1)–(2) working with children check national reference system means the system administered by the ACC, under its national policing information functions, that holds national policing information about—
(a) decisions made by the chief executive under chapter 8 in relation to working with children check applications and working with children authorities; and

(b) decisions made under corresponding WWC laws about interstate working with children check applications and interstate working with children authorities.
sch 7 def working with children check national reference system ins 2022 No. 7s 131(1) working with children clearance see section 18A. sch 7 def working with children clearance ins 2019 No. 18s 71(4) sub 2024 No. 50s 139(1)–(2) working with children exemption see section 18B. sch 7 def working with children exemption ins 2019 No. 18s 71(4) sub 2024 No. 50s 139(1)–(2) sch 7 (prev sch 4) renum 2010 No. 5s 71(3)