{"id":"qld:sl-2023-0105","name":"Child Protection Regulation 2023","slug":"child-protection-regulation-2023","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"105 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173747,"registerId":"qld-sl-2023-0105-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis regulation may be cited as the Child Protection Regulation 2023 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis regulation commences on 1 September 2023.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nThe dictionary in schedule 3 defines particular words used in this regulation.","sortOrder":3},{"sectionNumber":"pt.2","sectionType":"part","heading":"Protection of children—mandatory reporting","content":"# Protection of children—mandatory reporting","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Information to be included in reports— Act , s 13G","content":"### sec.4 Information to be included in reports— Act , s 13G\n\nFor section 13G (2) (b) of the Act , the following information is prescribed—\nthe child’s name, age and sex descriptor;\ndetails of how to contact the child;\nthe address at which the child usually lives\nthe name and address of the school the child attends\ndetails of the harm to which the reportable suspicion relates;\nparticulars of the identity of the person suspected of causing the child to have suffered, suffer, or be at risk of suffering, the harm to which the reportable suspicion relates;\nparticulars of the identity of any other person who may be able to give information about the harm to which the reportable suspicion relates.\n- (a) the child’s name, age and sex descriptor;\n- (b) details of how to contact the child; Examples of how to contact a child— • the address at which the child usually lives • the name and address of the school the child attends\n- • the address at which the child usually lives\n- • the name and address of the school the child attends\n- (c) details of the harm to which the reportable suspicion relates;\n- (d) particulars of the identity of the person suspected of causing the child to have suffered, suffer, or be at risk of suffering, the harm to which the reportable suspicion relates;\n- (e) particulars of the identity of any other person who may be able to give information about the harm to which the reportable suspicion relates.\n- • the address at which the child usually lives\n- • the name and address of the school the child attends","sortOrder":5},{"sectionNumber":"pt.3","sectionType":"part","heading":"Placing child in care","content":"# Placing child in care","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Agreement to provide care for child— Act , s 84","content":"### sec.5 Agreement to provide care for child— Act , s 84\n\nFor section 84 (2) of the Act , the following terms are prescribed—\nthe time for which the agreement is to have effect;\nthe time for which it is intended that the approved carer will care for the child;\ninformation, from any case plan the chief executive prepares for the child, about matters involving or affecting the approved carer;\nif a notice provision applies in relation to the child—\nwhether the chief executive has complied, or intends to comply, with the notice provision; and\nif the chief executive has complied, or intends to comply, with the notice provision—the information given, or intended to be given, to the child’s parents under the notice provision;\narrangements for contact between the child and the child’s parents or other members of the child’s family, including, for example, the child’s transport arrangements;\nthe responsibilities of the chief executive and of the approved carer in the provision of dental, medical, therapeutic, schooling and other services to the child;\ninformation about any special needs of the child, including information about—\nany special health needs; and\nany special behavioural management needs; and\nthe resources needed to meet the special needs;\nthe amounts to be paid to the approved carer for the child’s care and maintenance;\narrangements for ensuring the child’s connection with the child’s culture of origin;\nfor an Aboriginal or Torres Strait Islander child—arrangements for ensuring the development and maintenance of a connection of the child with the child’s family, community, language and—\nfor an Aboriginal child—Aboriginal tradition; or\nfor a Torres Strait Islander child—Island custom.\nIn this section—\nnotice provision means section 85 (2) or 86 (2) of the Act .\n(sec.5-ssec.1) For section 84 (2) of the Act , the following terms are prescribed— the time for which the agreement is to have effect; the time for which it is intended that the approved carer will care for the child; information, from any case plan the chief executive prepares for the child, about matters involving or affecting the approved carer; if a notice provision applies in relation to the child— whether the chief executive has complied, or intends to comply, with the notice provision; and if the chief executive has complied, or intends to comply, with the notice provision—the information given, or intended to be given, to the child’s parents under the notice provision; arrangements for contact between the child and the child’s parents or other members of the child’s family, including, for example, the child’s transport arrangements; the responsibilities of the chief executive and of the approved carer in the provision of dental, medical, therapeutic, schooling and other services to the child; information about any special needs of the child, including information about— any special health needs; and any special behavioural management needs; and the resources needed to meet the special needs; the amounts to be paid to the approved carer for the child’s care and maintenance; arrangements for ensuring the child’s connection with the child’s culture of origin; for an Aboriginal or Torres Strait Islander child—arrangements for ensuring the development and maintenance of a connection of the child with the child’s family, community, language and— for an Aboriginal child—Aboriginal tradition; or for a Torres Strait Islander child—Island custom.\n(sec.5-ssec.2) In this section— notice provision means section 85 (2) or 86 (2) of the Act .\n- (a) the time for which the agreement is to have effect;\n- (b) the time for which it is intended that the approved carer will care for the child;\n- (c) information, from any case plan the chief executive prepares for the child, about matters involving or affecting the approved carer;\n- (d) if a notice provision applies in relation to the child— (i) whether the chief executive has complied, or intends to comply, with the notice provision; and (ii) if the chief executive has complied, or intends to comply, with the notice provision—the information given, or intended to be given, to the child’s parents under the notice provision;\n- (i) whether the chief executive has complied, or intends to comply, with the notice provision; and\n- (ii) if the chief executive has complied, or intends to comply, with the notice provision—the information given, or intended to be given, to the child’s parents under the notice provision;\n- (e) arrangements for contact between the child and the child’s parents or other members of the child’s family, including, for example, the child’s transport arrangements;\n- (f) the responsibilities of the chief executive and of the approved carer in the provision of dental, medical, therapeutic, schooling and other services to the child;\n- (g) information about any special needs of the child, including information about— (i) any special health needs; and (ii) any special behavioural management needs; and (iii) the resources needed to meet the special needs;\n- (i) any special health needs; and\n- (ii) any special behavioural management needs; and\n- (iii) the resources needed to meet the special needs;\n- (h) the amounts to be paid to the approved carer for the child’s care and maintenance;\n- (i) arrangements for ensuring the child’s connection with the child’s culture of origin;\n- (j) for an Aboriginal or Torres Strait Islander child—arrangements for ensuring the development and maintenance of a connection of the child with the child’s family, community, language and— (i) for an Aboriginal child—Aboriginal tradition; or (ii) for a Torres Strait Islander child—Island custom.\n- (i) for an Aboriginal child—Aboriginal tradition; or\n- (ii) for a Torres Strait Islander child—Island custom.\n- (i) whether the chief executive has complied, or intends to comply, with the notice provision; and\n- (ii) if the chief executive has complied, or intends to comply, with the notice provision—the information given, or intended to be given, to the child’s parents under the notice provision;\n- (i) any special health needs; and\n- (ii) any special behavioural management needs; and\n- (iii) the resources needed to meet the special needs;\n- (i) for an Aboriginal child—Aboriginal tradition; or\n- (ii) for a Torres Strait Islander child—Island custom.","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Matters to consider before telling or notifying parents— Act , s 85 or 86","content":"### sec.6 Matters to consider before telling or notifying parents— Act , s 85 or 86\n\nFor section 85 (3) or 86 (3) of the Act , this section prescribes the matters the chief executive must consider in relation to a relevant person for a child to whom that section applies.\nThe matters are whether the relevant person—\nhas a history of violence relevant to the safety of the child or anyone else with whom the child is living; and\nhas recently threatened to harm the child or anyone else with whom the child is living; and\nis likely to behave in a way that is likely to frighten or intimidate the child or another child with whom the child is living; and\nis likely to attempt to intimidate or otherwise adversely influence the child in relation to any future court proceedings; and\nis likely to attempt to remove the child from the chief executive’s custody or guardianship; and\nhas previously engaged in violent behaviour, harassment or other harmful behaviour in response to an action taken to protect the child.\nIn this section—\nrelevant person , for a child to whom section 85 or 86 of the Act applies, means—\na parent of the child; or\na spouse of a parent of the child; or\nanother person closely associated with a parent of the child.\nviolence means—\nphysical violence; or\nnon-physical violence, including, for example, emotional or psychological abuse and coercion.\n(sec.6-ssec.1) For section 85 (3) or 86 (3) of the Act , this section prescribes the matters the chief executive must consider in relation to a relevant person for a child to whom that section applies.\n(sec.6-ssec.2) The matters are whether the relevant person— has a history of violence relevant to the safety of the child or anyone else with whom the child is living; and has recently threatened to harm the child or anyone else with whom the child is living; and is likely to behave in a way that is likely to frighten or intimidate the child or another child with whom the child is living; and is likely to attempt to intimidate or otherwise adversely influence the child in relation to any future court proceedings; and is likely to attempt to remove the child from the chief executive’s custody or guardianship; and has previously engaged in violent behaviour, harassment or other harmful behaviour in response to an action taken to protect the child.\n(sec.6-ssec.3) In this section— relevant person , for a child to whom section 85 or 86 of the Act applies, means— a parent of the child; or a spouse of a parent of the child; or another person closely associated with a parent of the child. violence means— physical violence; or non-physical violence, including, for example, emotional or psychological abuse and coercion.\n- (a) has a history of violence relevant to the safety of the child or anyone else with whom the child is living; and\n- (b) has recently threatened to harm the child or anyone else with whom the child is living; and\n- (c) is likely to behave in a way that is likely to frighten or intimidate the child or another child with whom the child is living; and\n- (d) is likely to attempt to intimidate or otherwise adversely influence the child in relation to any future court proceedings; and\n- (e) is likely to attempt to remove the child from the chief executive’s custody or guardianship; and\n- (f) has previously engaged in violent behaviour, harassment or other harmful behaviour in response to an action taken to protect the child.\n- (a) a parent of the child; or\n- (b) a spouse of a parent of the child; or\n- (c) another person closely associated with a parent of the child.\n- (a) physical violence; or\n- (b) non-physical violence, including, for example, emotional or psychological abuse and coercion.","sortOrder":8},{"sectionNumber":"pt.4","sectionType":"part","heading":"Regulation of care","content":"# Regulation of care","sortOrder":9},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Licensing of care services","content":"## Licensing of care services","sortOrder":10},{"sectionNumber":"sec.7","sectionType":"section","heading":"Independent evaluation for grant or renewal of licence","content":"### sec.7 Independent evaluation for grant or renewal of licence\n\nThe purpose of this section is to require the chief executive to obtain particular information about a care service to help the chief executive decide under section 126 (e) of the Act whether the chief executive is satisfied the standard of care provided by the care service complies, and will continue to comply, with the statement of standards.\nBefore granting an application for a licence, or renewal of a licence, the chief executive must—\nobtain, from an independent person, a written evaluation of the care service provided by the applicant; and\ngive a copy of the evaluation to the applicant; and\ngive the applicant an invitation to give the chief executive a submission about anything contained in the evaluation.\nThe invitation must—\nbe in writing; and\nstate a reasonable time, of at least 14 days after the day the invitation is given to the applicant, within which the applicant may make a submission about anything contained in the evaluation.\nThe chief executive must have regard to any submission given by the applicant within the time stated in the notice.\nIn this section—\nindependent person means a person who is independent of the applicant and the department.\n(sec.7-ssec.1) The purpose of this section is to require the chief executive to obtain particular information about a care service to help the chief executive decide under section 126 (e) of the Act whether the chief executive is satisfied the standard of care provided by the care service complies, and will continue to comply, with the statement of standards.\n(sec.7-ssec.2) Before granting an application for a licence, or renewal of a licence, the chief executive must— obtain, from an independent person, a written evaluation of the care service provided by the applicant; and give a copy of the evaluation to the applicant; and give the applicant an invitation to give the chief executive a submission about anything contained in the evaluation.\n(sec.7-ssec.3) The invitation must— be in writing; and state a reasonable time, of at least 14 days after the day the invitation is given to the applicant, within which the applicant may make a submission about anything contained in the evaluation.\n(sec.7-ssec.4) The chief executive must have regard to any submission given by the applicant within the time stated in the notice.\n(sec.7-ssec.5) In this section— independent person means a person who is independent of the applicant and the department.\n- (a) obtain, from an independent person, a written evaluation of the care service provided by the applicant; and\n- (b) give a copy of the evaluation to the applicant; and\n- (c) give the applicant an invitation to give the chief executive a submission about anything contained in the evaluation.\n- (a) be in writing; and\n- (b) state a reasonable time, of at least 14 days after the day the invitation is given to the applicant, within which the applicant may make a submission about anything contained in the evaluation.","sortOrder":11},{"sectionNumber":"sec.8","sectionType":"section","heading":"Suitability of selection, training and management methods","content":"### sec.8 Suitability of selection, training and management methods\n\nTo help the chief executive decide whether the chief executive is satisfied under section 126 (f) of the Act that the methods for the selection, training and management of people engaged in providing care services are suitable, the chief executive must have regard to the standards for the management of a licensed care service published by the department.\nA copy of the standards is—\navailable for inspection, free of charge, at the offices of the department during normal business hours; and\npublished on the department’s website.\n- (a) available for inspection, free of charge, at the offices of the department during normal business hours; and\n- (b) published on the department’s website.","sortOrder":12},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Register of applicants, authority holders and former authority holders","content":"## Register of applicants, authority holders and former authority holders","sortOrder":13},{"sectionNumber":"sec.9","sectionType":"section","heading":"Definitions for division","content":"### sec.9 Definitions for division\n\nIn this division—\nidentification information , for a person, means the following information—\nthe person’s full name, date of birth and residential address;\nwhether the person is an Aboriginal or Torres Strait Islander person.\nrelevant person , for a licensee or in relation to an application for the grant or renewal of a licence, means—\na director of the licensee or applicant; or\nthe nominee for the licence; or\na person who is, or will be, responsible for directly managing a care service provided by a licensed care service operated under the licence; or\na person who is, or will be, performing a risk-assessed role for a licensed care service operated under the licence.\nworking with children information , for a person, means the following information—\nwhether the person holds a working with children authority or negative notice;\nif the person holds a working with children authority—the expiry date for the authority;\nif the person does not hold a working with children authority—\nwhether or not the person has made a working with children check application; and\nif the person has made a working with children check application—\nthe date of the application; and\nwhether the application has been decided or withdrawn.\n- (a) the person’s full name, date of birth and residential address;\n- (b) whether the person is an Aboriginal or Torres Strait Islander person.\n- (a) a director of the licensee or applicant; or\n- (b) the nominee for the licence; or\n- (c) a person who is, or will be, responsible for directly managing a care service provided by a licensed care service operated under the licence; or\n- (d) a person who is, or will be, performing a risk-assessed role for a licensed care service operated under the licence.\n- (a) whether the person holds a working with children authority or negative notice;\n- (b) if the person holds a working with children authority—the expiry date for the authority;\n- (c) if the person does not hold a working with children authority— (i) whether or not the person has made a working with children check application; and (ii) if the person has made a working with children check application— (A) the date of the application; and (B) whether the application has been decided or withdrawn.\n- (i) whether or not the person has made a working with children check application; and\n- (ii) if the person has made a working with children check application— (A) the date of the application; and (B) whether the application has been decided or withdrawn.\n- (A) the date of the application; and\n- (B) whether the application has been decided or withdrawn.\n- (i) whether or not the person has made a working with children check application; and\n- (ii) if the person has made a working with children check application— (A) the date of the application; and (B) whether the application has been decided or withdrawn.\n- (A) the date of the application; and\n- (B) whether the application has been decided or withdrawn.\n- (A) the date of the application; and\n- (B) whether the application has been decided or withdrawn.","sortOrder":14},{"sectionNumber":"sec.10","sectionType":"section","heading":"Prescribed particulars for applicants for authorities— Act , s 148F","content":"### sec.10 Prescribed particulars for applicants for authorities— Act , s 148F\n\nThis section applies in relation to an applicant for an authority if the application for the authority is refused, withdrawn or otherwise undecided.\nFor section 148F (2) of the Act , the following particulars are prescribed—\nthe identification information for the applicant;\nthe type of authority the applicant applied for;\nthe working with children information for the applicant;\nthe date the applicant applied for the authority;\nif the application was refused—\nthe date of the decision to refuse the application; and\nthe reasons for the decision;\nif the application was withdrawn—\nthe date the application was withdrawn; and\nthe reason for the withdrawal;\nfor an applicant for a licence—\nif the chief executive has assessed whether the applicant is a suitable entity to provide a care service—the outcome of the assessment; and\nSee section 126 (a) of the Act in relation to assessing whether an applicant for a licence is a suitable entity to provide care services.\nthe identification information and working with children information for each relevant person for the application; and\nif the chief executive has assessed whether a relevant person for the application is a suitable person—the outcome of the assessment; and\nthe personal history for the nominee for the licence; and\nthe details of each licensed care service that will be operated under the licence if the licence is granted;\nfor an applicant for a certificate of approval—\nthe applicant’s personal history; and\nif the chief executive has assessed whether the applicant is a suitable person to be an approved carer—the outcome of the assessment; and\nfor each adult member of the applicant’s household—\nthe identification information for the member; and\nthe member’s domestic violence history and traffic history; and\nthe member’s working with children information; and\nif the chief executive has assessed whether the member is a suitable person for associating on a daily basis with children or a particular child—the outcome of the assessment; and\nif the member becomes, or ceases to be, a member of the applicant’s household—the date of the event; and\nif the applicant participates in the operation of, or is affiliated with, a licensed care service—details of the service.\nIn this section—\npersonal history , for an applicant for a certificate of approval, means—\nthe applicant’s domestic violence history and traffic history; and\nif the applicant is a provisionally approved carer—the applicant’s criminal history.\n(sec.10-ssec.1) This section applies in relation to an applicant for an authority if the application for the authority is refused, withdrawn or otherwise undecided.\n(sec.10-ssec.2) For section 148F (2) of the Act , the following particulars are prescribed— the identification information for the applicant; the type of authority the applicant applied for; the working with children information for the applicant; the date the applicant applied for the authority; if the application was refused— the date of the decision to refuse the application; and the reasons for the decision; if the application was withdrawn— the date the application was withdrawn; and the reason for the withdrawal; for an applicant for a licence— if the chief executive has assessed whether the applicant is a suitable entity to provide a care service—the outcome of the assessment; and See section 126 (a) of the Act in relation to assessing whether an applicant for a licence is a suitable entity to provide care services. the identification information and working with children information for each relevant person for the application; and if the chief executive has assessed whether a relevant person for the application is a suitable person—the outcome of the assessment; and the personal history for the nominee for the licence; and the details of each licensed care service that will be operated under the licence if the licence is granted; for an applicant for a certificate of approval— the applicant’s personal history; and if the chief executive has assessed whether the applicant is a suitable person to be an approved carer—the outcome of the assessment; and for each adult member of the applicant’s household— the identification information for the member; and the member’s domestic violence history and traffic history; and the member’s working with children information; and if the chief executive has assessed whether the member is a suitable person for associating on a daily basis with children or a particular child—the outcome of the assessment; and if the member becomes, or ceases to be, a member of the applicant’s household—the date of the event; and if the applicant participates in the operation of, or is affiliated with, a licensed care service—details of the service.\n(sec.10-ssec.3) In this section— personal history , for an applicant for a certificate of approval, means— the applicant’s domestic violence history and traffic history; and if the applicant is a provisionally approved carer—the applicant’s criminal history.\n- (a) the identification information for the applicant;\n- (b) the type of authority the applicant applied for;\n- (c) the working with children information for the applicant;\n- (d) the date the applicant applied for the authority;\n- (e) if the application was refused— (i) the date of the decision to refuse the application; and (ii) the reasons for the decision;\n- (i) the date of the decision to refuse the application; and\n- (ii) the reasons for the decision;\n- (f) if the application was withdrawn— (i) the date the application was withdrawn; and (ii) the reason for the withdrawal;\n- (i) the date the application was withdrawn; and\n- (ii) the reason for the withdrawal;\n- (g) for an applicant for a licence— (i) if the chief executive has assessed whether the applicant is a suitable entity to provide a care service—the outcome of the assessment; and Note— See section 126 (a) of the Act in relation to assessing whether an applicant for a licence is a suitable entity to provide care services. (ii) the identification information and working with children information for each relevant person for the application; and (iii) if the chief executive has assessed whether a relevant person for the application is a suitable person—the outcome of the assessment; and (iv) the personal history for the nominee for the licence; and (v) the details of each licensed care service that will be operated under the licence if the licence is granted;\n- (i) if the chief executive has assessed whether the applicant is a suitable entity to provide a care service—the outcome of the assessment; and Note— See section 126 (a) of the Act in relation to assessing whether an applicant for a licence is a suitable entity to provide care services.\n- (ii) the identification information and working with children information for each relevant person for the application; and\n- (iii) if the chief executive has assessed whether a relevant person for the application is a suitable person—the outcome of the assessment; and\n- (iv) the personal history for the nominee for the licence; and\n- (v) the details of each licensed care service that will be operated under the licence if the licence is granted;\n- (h) for an applicant for a certificate of approval— (i) the applicant’s personal history; and (ii) if the chief executive has assessed whether the applicant is a suitable person to be an approved carer—the outcome of the assessment; and (iii) for each adult member of the applicant’s household— (A) the identification information for the member; and (B) the member’s domestic violence history and traffic history; and (C) the member’s working with children information; and (D) if the chief executive has assessed whether the member is a suitable person for associating on a daily basis with children or a particular child—the outcome of the assessment; and (E) if the member becomes, or ceases to be, a member of the applicant’s household—the date of the event; and (iv) if the applicant participates in the operation of, or is affiliated with, a licensed care service—details of the service.\n- (i) the applicant’s personal history; and\n- (ii) if the chief executive has assessed whether the applicant is a suitable person to be an approved carer—the outcome of the assessment; and\n- (iii) for each adult member of the applicant’s household— (A) the identification information for the member; and (B) the member’s domestic violence history and traffic history; and (C) the member’s working with children information; and (D) if the chief executive has assessed whether the member is a suitable person for associating on a daily basis with children or a particular child—the outcome of the assessment; and (E) if the member becomes, or ceases to be, a member of the applicant’s household—the date of the event; and\n- (A) the identification information for the member; and\n- (B) the member’s domestic violence history and traffic history; and\n- (C) the member’s working with children information; and\n- (D) if the chief executive has assessed whether the member is a suitable person for associating on a daily basis with children or a particular child—the outcome of the assessment; and\n- (E) if the member becomes, or ceases to be, a member of the applicant’s household—the date of the event; and\n- (iv) if the applicant participates in the operation of, or is affiliated with, a licensed care service—details of the service.\n- (i) the date of the decision to refuse the application; and\n- (ii) the reasons for the decision;\n- (i) the date the application was withdrawn; and\n- (ii) the reason for the withdrawal;\n- (i) if the chief executive has assessed whether the applicant is a suitable entity to provide a care service—the outcome of the assessment; and Note— See section 126 (a) of the Act in relation to assessing whether an applicant for a licence is a suitable entity to provide care services.\n- (ii) the identification information and working with children information for each relevant person for the application; and\n- (iii) if the chief executive has assessed whether a relevant person for the application is a suitable person—the outcome of the assessment; and\n- (iv) the personal history for the nominee for the licence; and\n- (v) the details of each licensed care service that will be operated under the licence if the licence is granted;\n- (i) the applicant’s personal history; and\n- (ii) if the chief executive has assessed whether the applicant is a suitable person to be an approved carer—the outcome of the assessment; and\n- (iii) for each adult member of the applicant’s household— (A) the identification information for the member; and (B) the member’s domestic violence history and traffic history; and (C) the member’s working with children information; and (D) if the chief executive has assessed whether the member is a suitable person for associating on a daily basis with children or a particular child—the outcome of the assessment; and (E) if the member becomes, or ceases to be, a member of the applicant’s household—the date of the event; and\n- (A) the identification information for the member; and\n- (B) the member’s domestic violence history and traffic history; and\n- (C) the member’s working with children information; and\n- (D) if the chief executive has assessed whether the member is a suitable person for associating on a daily basis with children or a particular child—the outcome of the assessment; and\n- (E) if the member becomes, or ceases to be, a member of the applicant’s household—the date of the event; and\n- (iv) if the applicant participates in the operation of, or is affiliated with, a licensed care service—details of the service.\n- (A) the identification information for the member; and\n- (B) the member’s domestic violence history and traffic history; and\n- (C) the member’s working with children information; and\n- (D) if the chief executive has assessed whether the member is a suitable person for associating on a daily basis with children or a particular child—the outcome of the assessment; and\n- (E) if the member becomes, or ceases to be, a member of the applicant’s household—the date of the event; and\n- (a) the applicant’s domestic violence history and traffic history; and\n- (b) if the applicant is a provisionally approved carer—the applicant’s criminal history.","sortOrder":15},{"sectionNumber":"sec.11","sectionType":"section","heading":"Prescribed particulars for authority holders— Act , s 148F","content":"### sec.11 Prescribed particulars for authority holders— Act , s 148F\n\nThis section applies in relation to a holder of an authority.\nFor section 148F (2) of the Act , the following particulars are prescribed—\nthe identification information for the holder;\nthe type of authority the holder holds;\nthe working with children information for the holder;\nthe date the holder applied for the authority;\nfor the holder of a licence—\nif the chief executive has assessed whether the holder is a suitable entity to provide a care service—the outcome of the assessment; and\nSee section 126 (a) of the Act in relation to assessing whether an applicant for a licence is a suitable entity to provide care services.\nthe identification information and working with children information for each relevant person for the holder; and\nif the chief executive has assessed whether a relevant person for the holder is a suitable person—the outcome of the assessment; and\nthe personal history for the nominee for the licence; and\nthe details of each licensed care service operated under the licence;\nfor the holder of a certificate of approval—\nthe holder’s domestic violence history and traffic history; and\nif the chief executive has assessed whether the holder is a suitable person to be an approved carer—the outcome of the assessment; and\nfor each adult member of the holder’s household—\nthe identification information for the member; and\nthe member’s domestic violence history and traffic history; and\nthe member’s working with children information; and\nif the chief executive has assessed whether the member is a suitable person for associating on a daily basis with children or a particular child—the outcome of the assessment; and\nif the member becomes, or ceases to be, a member of the holder’s household—the date of the event; and\nif the holder participates in the operation of, or is affiliated with, a licensed care service—details of the service;\nif the authority was amended or suspended—details of the amendment or suspension, including, for example, the reason for the amendment or suspension.\n(sec.11-ssec.1) This section applies in relation to a holder of an authority.\n(sec.11-ssec.2) For section 148F (2) of the Act , the following particulars are prescribed— the identification information for the holder; the type of authority the holder holds; the working with children information for the holder; the date the holder applied for the authority; for the holder of a licence— if the chief executive has assessed whether the holder is a suitable entity to provide a care service—the outcome of the assessment; and See section 126 (a) of the Act in relation to assessing whether an applicant for a licence is a suitable entity to provide care services. the identification information and working with children information for each relevant person for the holder; and if the chief executive has assessed whether a relevant person for the holder is a suitable person—the outcome of the assessment; and the personal history for the nominee for the licence; and the details of each licensed care service operated under the licence; for the holder of a certificate of approval— the holder’s domestic violence history and traffic history; and if the chief executive has assessed whether the holder is a suitable person to be an approved carer—the outcome of the assessment; and for each adult member of the holder’s household— the identification information for the member; and the member’s domestic violence history and traffic history; and the member’s working with children information; and if the chief executive has assessed whether the member is a suitable person for associating on a daily basis with children or a particular child—the outcome of the assessment; and if the member becomes, or ceases to be, a member of the holder’s household—the date of the event; and if the holder participates in the operation of, or is affiliated with, a licensed care service—details of the service; if the authority was amended or suspended—details of the amendment or suspension, including, for example, the reason for the amendment or suspension.\n- (a) the identification information for the holder;\n- (b) the type of authority the holder holds;\n- (c) the working with children information for the holder;\n- (d) the date the holder applied for the authority;\n- (e) for the holder of a licence— (i) if the chief executive has assessed whether the holder is a suitable entity to provide a care service—the outcome of the assessment; and Note— See section 126 (a) of the Act in relation to assessing whether an applicant for a licence is a suitable entity to provide care services. (ii) the identification information and working with children information for each relevant person for the holder; and (iii) if the chief executive has assessed whether a relevant person for the holder is a suitable person—the outcome of the assessment; and (iv) the personal history for the nominee for the licence; and (v) the details of each licensed care service operated under the licence;\n- (i) if the chief executive has assessed whether the holder is a suitable entity to provide a care service—the outcome of the assessment; and Note— See section 126 (a) of the Act in relation to assessing whether an applicant for a licence is a suitable entity to provide care services.\n- (ii) the identification information and working with children information for each relevant person for the holder; and\n- (iii) if the chief executive has assessed whether a relevant person for the holder is a suitable person—the outcome of the assessment; and\n- (iv) the personal history for the nominee for the licence; and\n- (v) the details of each licensed care service operated under the licence;\n- (f) for the holder of a certificate of approval— (i) the holder’s domestic violence history and traffic history; and (ii) if the chief executive has assessed whether the holder is a suitable person to be an approved carer—the outcome of the assessment; and (iii) for each adult member of the holder’s household— (A) the identification information for the member; and (B) the member’s domestic violence history and traffic history; and (C) the member’s working with children information; and (D) if the chief executive has assessed whether the member is a suitable person for associating on a daily basis with children or a particular child—the outcome of the assessment; and (E) if the member becomes, or ceases to be, a member of the holder’s household—the date of the event; and (iv) if the holder participates in the operation of, or is affiliated with, a licensed care service—details of the service;\n- (i) the holder’s domestic violence history and traffic history; and\n- (ii) if the chief executive has assessed whether the holder is a suitable person to be an approved carer—the outcome of the assessment; and\n- (iii) for each adult member of the holder’s household— (A) the identification information for the member; and (B) the member’s domestic violence history and traffic history; and (C) the member’s working with children information; and (D) if the chief executive has assessed whether the member is a suitable person for associating on a daily basis with children or a particular child—the outcome of the assessment; and (E) if the member becomes, or ceases to be, a member of the holder’s household—the date of the event; and\n- (A) the identification information for the member; and\n- (B) the member’s domestic violence history and traffic history; and\n- (C) the member’s working with children information; and\n- (D) if the chief executive has assessed whether the member is a suitable person for associating on a daily basis with children or a particular child—the outcome of the assessment; and\n- (E) if the member becomes, or ceases to be, a member of the holder’s household—the date of the event; and\n- (iv) if the holder participates in the operation of, or is affiliated with, a licensed care service—details of the service;\n- (g) if the authority was amended or suspended—details of the amendment or suspension, including, for example, the reason for the amendment or suspension.\n- (i) if the chief executive has assessed whether the holder is a suitable entity to provide a care service—the outcome of the assessment; and Note— See section 126 (a) of the Act in relation to assessing whether an applicant for a licence is a suitable entity to provide care services.\n- (ii) the identification information and working with children information for each relevant person for the holder; and\n- (iii) if the chief executive has assessed whether a relevant person for the holder is a suitable person—the outcome of the assessment; and\n- (iv) the personal history for the nominee for the licence; and\n- (v) the details of each licensed care service operated under the licence;\n- (i) the holder’s domestic violence history and traffic history; and\n- (ii) if the chief executive has assessed whether the holder is a suitable person to be an approved carer—the outcome of the assessment; and\n- (iii) for each adult member of the holder’s household— (A) the identification information for the member; and (B) the member’s domestic violence history and traffic history; and (C) the member’s working with children information; and (D) if the chief executive has assessed whether the member is a suitable person for associating on a daily basis with children or a particular child—the outcome of the assessment; and (E) if the member becomes, or ceases to be, a member of the holder’s household—the date of the event; and\n- (A) the identification information for the member; and\n- (B) the member’s domestic violence history and traffic history; and\n- (C) the member’s working with children information; and\n- (D) if the chief executive has assessed whether the member is a suitable person for associating on a daily basis with children or a particular child—the outcome of the assessment; and\n- (E) if the member becomes, or ceases to be, a member of the holder’s household—the date of the event; and\n- (iv) if the holder participates in the operation of, or is affiliated with, a licensed care service—details of the service;\n- (A) the identification information for the member; and\n- (B) the member’s domestic violence history and traffic history; and\n- (C) the member’s working with children information; and\n- (D) if the chief executive has assessed whether the member is a suitable person for associating on a daily basis with children or a particular child—the outcome of the assessment; and\n- (E) if the member becomes, or ceases to be, a member of the holder’s household—the date of the event; and","sortOrder":16},{"sectionNumber":"sec.12","sectionType":"section","heading":"Prescribed particulars for former authority holders— Act , s 148F","content":"### sec.12 Prescribed particulars for former authority holders— Act , s 148F\n\nThis section applies in relation to a former holder of an authority.\nFor section 148F (2) of the Act , the following particulars, current immediately before the authority stopped having effect, are prescribed—\nthe identification information for the former holder;\nthe type of authority the former holder held;\nthe working with children information for the former holder;\nthe date the former holder applied for the authority;\nfor the former holder of a licence—\nif the chief executive assessed whether the former holder was a suitable entity to provide a care service—the outcome of the assessment; and\nSee section 126 (a) of the Act in relation to assessing whether an applicant for a licence is a suitable entity to provide care services.\nif the chief executive assessed whether a relevant person for the former holder was a suitable person—\nthe identification information and working with children information for the relevant person; and\nthe outcome of the assessment; and\nthe personal history for the person who was the nominee for the licence; and\nthe details of each licensed care service that was operated under the licence;\nfor the former holder of a certificate of approval—\nthe former holder’s domestic violence history and traffic history; and\nif the chief executive assessed whether the former holder was a suitable person to be an approved carer—the outcome of the assessment; and\nif the chief executive assessed whether an adult member of the former holder’s household was a suitable person for associating on a daily basis with children or a particular child—\nthe identification information for the member; and\nthe member’s domestic violence history and traffic history; and\nthe member’s working with children information; and\nthe outcome of the assessment; and\nif the former holder participated in the operation of, or was affiliated with, a licensed care service—details of the service;\nif the authority was amended, suspended, cancelled or surrendered—details of the amendment, suspension, cancellation or surrender, including, for example, the reason for any amendment, suspension or cancellation.\n(sec.12-ssec.1) This section applies in relation to a former holder of an authority.\n(sec.12-ssec.2) For section 148F (2) of the Act , the following particulars, current immediately before the authority stopped having effect, are prescribed— the identification information for the former holder; the type of authority the former holder held; the working with children information for the former holder; the date the former holder applied for the authority; for the former holder of a licence— if the chief executive assessed whether the former holder was a suitable entity to provide a care service—the outcome of the assessment; and See section 126 (a) of the Act in relation to assessing whether an applicant for a licence is a suitable entity to provide care services. if the chief executive assessed whether a relevant person for the former holder was a suitable person— the identification information and working with children information for the relevant person; and the outcome of the assessment; and the personal history for the person who was the nominee for the licence; and the details of each licensed care service that was operated under the licence; for the former holder of a certificate of approval— the former holder’s domestic violence history and traffic history; and if the chief executive assessed whether the former holder was a suitable person to be an approved carer—the outcome of the assessment; and if the chief executive assessed whether an adult member of the former holder’s household was a suitable person for associating on a daily basis with children or a particular child— the identification information for the member; and the member’s domestic violence history and traffic history; and the member’s working with children information; and the outcome of the assessment; and if the former holder participated in the operation of, or was affiliated with, a licensed care service—details of the service; if the authority was amended, suspended, cancelled or surrendered—details of the amendment, suspension, cancellation or surrender, including, for example, the reason for any amendment, suspension or cancellation.\n- (a) the identification information for the former holder;\n- (b) the type of authority the former holder held;\n- (c) the working with children information for the former holder;\n- (d) the date the former holder applied for the authority;\n- (e) for the former holder of a licence— (i) if the chief executive assessed whether the former holder was a suitable entity to provide a care service—the outcome of the assessment; and Note— See section 126 (a) of the Act in relation to assessing whether an applicant for a licence is a suitable entity to provide care services. (ii) if the chief executive assessed whether a relevant person for the former holder was a suitable person— (A) the identification information and working with children information for the relevant person; and (B) the outcome of the assessment; and (iii) the personal history for the person who was the nominee for the licence; and (iv) the details of each licensed care service that was operated under the licence;\n- (i) if the chief executive assessed whether the former holder was a suitable entity to provide a care service—the outcome of the assessment; and Note— See section 126 (a) of the Act in relation to assessing whether an applicant for a licence is a suitable entity to provide care services.\n- (ii) if the chief executive assessed whether a relevant person for the former holder was a suitable person— (A) the identification information and working with children information for the relevant person; and (B) the outcome of the assessment; and\n- (A) the identification information and working with children information for the relevant person; and\n- (B) the outcome of the assessment; and\n- (iii) the personal history for the person who was the nominee for the licence; and\n- (iv) the details of each licensed care service that was operated under the licence;\n- (f) for the former holder of a certificate of approval— (i) the former holder’s domestic violence history and traffic history; and (ii) if the chief executive assessed whether the former holder was a suitable person to be an approved carer—the outcome of the assessment; and (iii) if the chief executive assessed whether an adult member of the former holder’s household was a suitable person for associating on a daily basis with children or a particular child— (A) the identification information for the member; and (B) the member’s domestic violence history and traffic history; and (C) the member’s working with children information; and (D) the outcome of the assessment; and (iv) if the former holder participated in the operation of, or was affiliated with, a licensed care service—details of the service;\n- (i) the former holder’s domestic violence history and traffic history; and\n- (ii) if the chief executive assessed whether the former holder was a suitable person to be an approved carer—the outcome of the assessment; and\n- (iii) if the chief executive assessed whether an adult member of the former holder’s household was a suitable person for associating on a daily basis with children or a particular child— (A) the identification information for the member; and (B) the member’s domestic violence history and traffic history; and (C) the member’s working with children information; and (D) the outcome of the assessment; and\n- (A) the identification information for the member; and\n- (B) the member’s domestic violence history and traffic history; and\n- (C) the member’s working with children information; and\n- (D) the outcome of the assessment; and\n- (iv) if the former holder participated in the operation of, or was affiliated with, a licensed care service—details of the service;\n- (g) if the authority was amended, suspended, cancelled or surrendered—details of the amendment, suspension, cancellation or surrender, including, for example, the reason for any amendment, suspension or cancellation.\n- (i) if the chief executive assessed whether the former holder was a suitable entity to provide a care service—the outcome of the assessment; and Note— See section 126 (a) of the Act in relation to assessing whether an applicant for a licence is a suitable entity to provide care services.\n- (ii) if the chief executive assessed whether a relevant person for the former holder was a suitable person— (A) the identification information and working with children information for the relevant person; and (B) the outcome of the assessment; and\n- (A) the identification information and working with children information for the relevant person; and\n- (B) the outcome of the assessment; and\n- (iii) the personal history for the person who was the nominee for the licence; and\n- (iv) the details of each licensed care service that was operated under the licence;\n- (A) the identification information and working with children information for the relevant person; and\n- (B) the outcome of the assessment; and\n- (i) the former holder’s domestic violence history and traffic history; and\n- (ii) if the chief executive assessed whether the former holder was a suitable person to be an approved carer—the outcome of the assessment; and\n- (iii) if the chief executive assessed whether an adult member of the former holder’s household was a suitable person for associating on a daily basis with children or a particular child— (A) the identification information for the member; and (B) the member’s domestic violence history and traffic history; and (C) the member’s working with children information; and (D) the outcome of the assessment; and\n- (A) the identification information for the member; and\n- (B) the member’s domestic violence history and traffic history; and\n- (C) the member’s working with children information; and\n- (D) the outcome of the assessment; and\n- (iv) if the former holder participated in the operation of, or was affiliated with, a licensed care service—details of the service;\n- (A) the identification information for the member; and\n- (B) the member’s domestic violence history and traffic history; and\n- (C) the member’s working with children information; and\n- (D) the outcome of the assessment; and","sortOrder":17},{"sectionNumber":"pt.5","sectionType":"part","heading":"Information sharing","content":"# Information sharing","sortOrder":18},{"sectionNumber":"sec.13","sectionType":"section","heading":"Prescribed entity— Act , s 159M","content":"### sec.13 Prescribed entity— Act , s 159M\n\nFor section 159M of the Act , definition prescribed entity , paragraph (g) (ii) , the department in which the Aboriginal Cultural Heritage Act 2003 and the Torres Strait Islander Cultural Heritage Act 2003 are administered is prescribed.","sortOrder":19},{"sectionNumber":"pt.6","sectionType":"part","heading":"Confidentiality in relation to administration of Act","content":"# Confidentiality in relation to administration of Act","sortOrder":20},{"sectionNumber":"sec.14","sectionType":"section","heading":"Approval to publish particular information","content":"### sec.14 Approval to publish particular information\n\nIn deciding whether to give an approval to publish information under section 189 of the Act , the chief executive may have regard to the following in relation to a child mentioned in that section—\nif the child is able to form and express views about the publication, the views of the child, taking into account the child’s age or ability to understand;\nthe emotional support available to the child;\nthe likely effect of the publication on the child when the decision is made or in the future;\nwhether the publication would adversely affect the child’s relationship with members of the child’s family;\nthe way the information is proposed to be published;\nthe estimated number of persons who will hear or see the information, as a result of its publication;\nthe views of the child’s parents;\nthe identity of the person asking for the approval;\nthe reason for the proposed publication;\nthe views of the person seeking the approval as to why the publication is in the best interests of the child.\n- (a) if the child is able to form and express views about the publication, the views of the child, taking into account the child’s age or ability to understand;\n- (b) the emotional support available to the child;\n- (c) the likely effect of the publication on the child when the decision is made or in the future;\n- (d) whether the publication would adversely affect the child’s relationship with members of the child’s family;\n- (e) the way the information is proposed to be published;\n- (f) the estimated number of persons who will hear or see the information, as a result of its publication;\n- (g) the views of the child’s parents;\n- (h) the identity of the person asking for the approval;\n- (i) the reason for the proposed publication;\n- (j) the views of the person seeking the approval as to why the publication is in the best interests of the child.","sortOrder":21},{"sectionNumber":"pt.7","sectionType":"part","heading":"Corresponding laws of other States","content":"# Corresponding laws of other States","sortOrder":22},{"sectionNumber":"sec.15","sectionType":"section","heading":"Declared child welfare laws— Act , s 203","content":"### sec.15 Declared child welfare laws— Act , s 203\n\nFor section 203 of the Act , each law mentioned in schedule 1 is declared to be a child welfare law of the State mentioned opposite the law.","sortOrder":23},{"sectionNumber":"sec.16","sectionType":"section","heading":"Declarations relating to interstate laws— Act , s 204","content":"### sec.16 Declarations relating to interstate laws— Act , s 204\n\nFor section 204 (2) of the Act —\neach law mentioned in schedule 2 is declared to be an interstate law of the State mentioned opposite the law; and\neach State mentioned in the schedule is declared to be a participating State; and\neach holder of the stated office mentioned in the schedule is declared to be the interstate officer for the State mentioned in the schedule opposite the holder.\n- (a) each law mentioned in schedule 2 is declared to be an interstate law of the State mentioned opposite the law; and\n- (b) each State mentioned in the schedule is declared to be a participating State; and\n- (c) each holder of the stated office mentioned in the schedule is declared to be the interstate officer for the State mentioned in the schedule opposite the holder.","sortOrder":24},{"sectionNumber":"pt.8","sectionType":"part","heading":"Suitable persons","content":"# Suitable persons","sortOrder":25},{"sectionNumber":"sec.17","sectionType":"section","heading":"Definition for part","content":"### sec.17 Definition for part\n\nIn this part—\nrelevant principles means the principles for administering the Act stated in chapter 1 , part 2 , division 1 of the Act .","sortOrder":26},{"sectionNumber":"sec.18","sectionType":"section","heading":"Custody or guardianship of child— Act , sch 3 , def suitable person , para (a)","content":"### sec.18 Custody or guardianship of child— Act , sch 3 , def suitable person , para (a)\n\nFor schedule 3 of the Act , definition suitable person , paragraph (a) , a person is a suitable person for having the custody or guardianship of a child if the person—\ndoes not pose a risk to the child’s safety; and\nis able and willing to care for the child in a way that meets the standards of care stated in the statement of standards; and\nis able and willing to protect the child from harm; and\nunderstands and is committed to the relevant principles.\n- (a) does not pose a risk to the child’s safety; and\n- (b) is able and willing to care for the child in a way that meets the standards of care stated in the statement of standards; and\n- (c) is able and willing to protect the child from harm; and\n- (d) understands and is committed to the relevant principles.","sortOrder":27},{"sectionNumber":"sec.19","sectionType":"section","heading":"Managing licensed care service— Act , sch 3 , def suitable person , para (c)","content":"### sec.19 Managing licensed care service— Act , sch 3 , def suitable person , para (c)\n\nFor schedule 3 of the Act , definition suitable person , paragraph (c) , a person is a suitable person for managing a licensed care service if the person—\ndoes not pose a risk to the safety of a child to whom, under the Act , the licensee is providing care services; and\nis able and willing to manage the licensed care service in a way that—\nassists the licensee to ensure the provision of care meets the standards of care stated in the statement of standards; and\nimplements the methods mentioned in section 126 (f) of the Act ; and\nunderstands and is committed to the relevant principles.\n- (a) does not pose a risk to the safety of a child to whom, under the Act , the licensee is providing care services; and\n- (b) is able and willing to manage the licensed care service in a way that— (i) assists the licensee to ensure the provision of care meets the standards of care stated in the statement of standards; and (ii) implements the methods mentioned in section 126 (f) of the Act ; and\n- (i) assists the licensee to ensure the provision of care meets the standards of care stated in the statement of standards; and\n- (ii) implements the methods mentioned in section 126 (f) of the Act ; and\n- (c) understands and is committed to the relevant principles.\n- (i) assists the licensee to ensure the provision of care meets the standards of care stated in the statement of standards; and\n- (ii) implements the methods mentioned in section 126 (f) of the Act ; and","sortOrder":28},{"sectionNumber":"sec.20","sectionType":"section","heading":"Director of applicant for licence or licensee— Act , sch 3 , def suitable person , para (d)","content":"### sec.20 Director of applicant for licence or licensee— Act , sch 3 , def suitable person , para (d)\n\nFor schedule 3 of the Act , definition suitable person , paragraph (d) , a person is a suitable person to be a director of an applicant for a licence or a licensee for a licensed care service if the person—\ndoes not pose a risk to the safety of a child to whom, under the Act , the applicant is to provide, or the licensee is providing, care services; and\nis able and willing to manage the licensed care service, or ensure the licensed care service is managed, in a way that ensures the provision of care meets the standards of care stated in the statement of standards; and\nunderstands and is committed to the relevant principles.\n- (a) does not pose a risk to the safety of a child to whom, under the Act , the applicant is to provide, or the licensee is providing, care services; and\n- (b) is able and willing to manage the licensed care service, or ensure the licensed care service is managed, in a way that ensures the provision of care meets the standards of care stated in the statement of standards; and\n- (c) understands and is committed to the relevant principles.","sortOrder":29},{"sectionNumber":"sec.21","sectionType":"section","heading":"Nominee for licence— Act , sch 3 , def suitable person , para (e)","content":"### sec.21 Nominee for licence— Act , sch 3 , def suitable person , para (e)\n\nFor schedule 3 of the Act , definition suitable person , paragraph (e) , a person is a suitable person to be the nominee for a licence if the person—\ndoes not pose a risk to the safety of a child to whom, under the Act , the licensee is providing care services; and\nis able and willing to fulfil the responsibilities of the nominee for the licence under section 130 (1) of the Act .\n- (a) does not pose a risk to the safety of a child to whom, under the Act , the licensee is providing care services; and\n- (b) is able and willing to fulfil the responsibilities of the nominee for the licence under section 130 (1) of the Act .","sortOrder":30},{"sectionNumber":"sec.22","sectionType":"section","heading":"Person performing risk-assessed role for licensed care service— Act , sch 3 , def suitable person , para (f)","content":"### sec.22 Person performing risk-assessed role for licensed care service— Act , sch 3 , def suitable person , para (f)\n\nFor schedule 3 of the Act , definition suitable person , paragraph (f) , a person is a suitable person to be a person performing a risk-assessed role for a licensed care service if the person does not pose a risk to the safety of children.","sortOrder":31},{"sectionNumber":"sec.23","sectionType":"section","heading":"Approved foster carer— Act , sch 3 , def suitable person , para (g)","content":"### sec.23 Approved foster carer— Act , sch 3 , def suitable person , para (g)\n\nFor schedule 3 of the Act , definition suitable person , paragraph (g) , a person is a suitable person to be an approved foster carer for children if the person—\ndoes not pose a risk to a child’s safety; and\nis able and willing to protect a child from harm; and\nunderstands and is committed to the relevant principles; and\nhas completed any training reasonably required by the chief executive to ensure the person is able to care properly for a child.\n- (a) does not pose a risk to a child’s safety; and\n- (b) is able and willing to protect a child from harm; and\n- (c) understands and is committed to the relevant principles; and\n- (d) has completed any training reasonably required by the chief executive to ensure the person is able to care properly for a child.","sortOrder":32},{"sectionNumber":"sec.24","sectionType":"section","heading":"Approved kinship carer— Act , sch 3 , def suitable person , para (h)","content":"### sec.24 Approved kinship carer— Act , sch 3 , def suitable person , para (h)\n\nFor schedule 3 of the Act , definition suitable person , paragraph (h) , a person is a suitable person to be an approved kinship carer for a child if the person—\ndoes not pose a risk to the child’s safety; and\nis able and willing to protect the child from harm; and\nunderstands and is committed to the relevant principles; and\nhas completed any training reasonably required by the chief executive to ensure the person is able to care properly for a child.\n- (a) does not pose a risk to the child’s safety; and\n- (b) is able and willing to protect the child from harm; and\n- (c) understands and is committed to the relevant principles; and\n- (d) has completed any training reasonably required by the chief executive to ensure the person is able to care properly for a child.","sortOrder":33},{"sectionNumber":"sec.25","sectionType":"section","heading":"Provisionally approved carer— Act , sch 3 , def suitable person , para (i)","content":"### sec.25 Provisionally approved carer— Act , sch 3 , def suitable person , para (i)\n\nFor schedule 3 of the Act , definition suitable person , paragraph (i) , a person is a suitable person to be a provisionally approved carer for a child if the person—\ndoes not pose a risk to the child’s safety; and\nis able and willing to protect the child from harm.\n- (a) does not pose a risk to the child’s safety; and\n- (b) is able and willing to protect the child from harm.","sortOrder":34},{"sectionNumber":"sec.26","sectionType":"section","heading":"Associating on daily basis with children or particular child— Act , sch 3 , def suitable person , para (j)","content":"### sec.26 Associating on daily basis with children or particular child— Act , sch 3 , def suitable person , para (j)\n\nFor schedule 3 of the Act , definition suitable person , paragraph (j) , a person is a suitable person for associating on a daily basis with children or a particular child if the person does not pose a risk to the safety of children or the particular child.","sortOrder":35},{"sectionNumber":"sec.27","sectionType":"section","heading":"Other matters","content":"### sec.27 Other matters\n\nIn deciding if a person is a suitable person under this part, the chief executive or a court may also consider the following—\nthe person’s employment history;\nthe person’s physical or mental health;\nany other matter relevant to deciding whether the person is a suitable person under this part.\n- (a) the person’s employment history;\n- (b) the person’s physical or mental health;\n- (c) any other matter relevant to deciding whether the person is a suitable person under this part.","sortOrder":36},{"sectionNumber":"pt.9","sectionType":"part","heading":"Provisions about procedures, records and returns","content":"# Provisions about procedures, records and returns","sortOrder":37},{"sectionNumber":"sec.28","sectionType":"section","heading":"Licensee to prepare procedure for staff members","content":"### sec.28 Licensee to prepare procedure for staff members\n\nA licensee must—\nprepare a procedure to facilitate the reporting of standards of care concerns of staff members of the licensee; and\nkeep the procedure up to date; and\nensure the staff members are aware of the procedure.\nThe procedure may include, for example, the following—\na statement that the licensee is supportive of staff members in reporting standards of care concerns;\nfor a licence relating to a licensed residential facility, information for ensuring the staff members are aware of the obligation under section 13F (3) of the Act in relation to a child provided care in the facility ;\nan address, phone number or other contact details, including for an office of the department, for reporting the concerns.\nIn this section—\nstandards of care concern , of a staff member of a licensee, means—\nharm the staff member becomes aware, or reasonably suspects, has been caused to a child provided care services by a licensed care service operated under the licence; or\na concern the staff member has that care services provided under the licence no longer meet the standards of care stated in the statement of standards.\nstaff member , of a licensee, means a person—\nemployed in a licensed care service operated under the licence; or\nwho volunteers to assist or work at a licensed care service operated under the licence.\n(sec.28-ssec.1) A licensee must— prepare a procedure to facilitate the reporting of standards of care concerns of staff members of the licensee; and keep the procedure up to date; and ensure the staff members are aware of the procedure.\n(sec.28-ssec.2) The procedure may include, for example, the following— a statement that the licensee is supportive of staff members in reporting standards of care concerns; for a licence relating to a licensed residential facility, information for ensuring the staff members are aware of the obligation under section 13F (3) of the Act in relation to a child provided care in the facility ; an address, phone number or other contact details, including for an office of the department, for reporting the concerns.\n(sec.28-ssec.3) In this section— standards of care concern , of a staff member of a licensee, means— harm the staff member becomes aware, or reasonably suspects, has been caused to a child provided care services by a licensed care service operated under the licence; or a concern the staff member has that care services provided under the licence no longer meet the standards of care stated in the statement of standards. staff member , of a licensee, means a person— employed in a licensed care service operated under the licence; or who volunteers to assist or work at a licensed care service operated under the licence.\n- (a) prepare a procedure to facilitate the reporting of standards of care concerns of staff members of the licensee; and\n- (b) keep the procedure up to date; and\n- (c) ensure the staff members are aware of the procedure.\n- (a) a statement that the licensee is supportive of staff members in reporting standards of care concerns;\n- (b) for a licence relating to a licensed residential facility, information for ensuring the staff members are aware of the obligation under section 13F (3) of the Act in relation to a child provided care in the facility ;\n- (c) an address, phone number or other contact details, including for an office of the department, for reporting the concerns.\n- (a) harm the staff member becomes aware, or reasonably suspects, has been caused to a child provided care services by a licensed care service operated under the licence; or\n- (b) a concern the staff member has that care services provided under the licence no longer meet the standards of care stated in the statement of standards.\n- (a) employed in a licensed care service operated under the licence; or\n- (b) who volunteers to assist or work at a licensed care service operated under the licence.","sortOrder":38},{"sectionNumber":"sec.29","sectionType":"section","heading":"Licensee to keep particular records","content":"### sec.29 Licensee to keep particular records\n\nA licensee must keep records under this section for each child receiving a care service from the licensee under the licence.\nThe records must include the following information in relation to a child mentioned in subsection (1) —\nthe child’s name, date of birth and sex descriptor;\nthe culture of origin of the child;\nthe first and last days of each period during which the service is provided to the child;\nthe name and address of—\nif the child is residing in a licensed residential facility—the facility; or\nif the chief executive has placed the child in the care of an approved carer—the carer for the child;\ndetails of—\nany written complaint the licensee receives relating to the provision of the services to the child; and\nany action the licensee takes in relation to the complaint;\ndetails of—\nany written concern the licensee receives that the standards of care stated in the statement of standards relating to the child’s care by a licensed care service operated under the licence are no longer being met; and\nany action the licensee takes in relation to the concern;\nif the child is residing at a licensed residential facility, details of any significant event relating to the child that happened during the residency.\n(sec.29-ssec.1) A licensee must keep records under this section for each child receiving a care service from the licensee under the licence.\n(sec.29-ssec.2) The records must include the following information in relation to a child mentioned in subsection (1) — the child’s name, date of birth and sex descriptor; the culture of origin of the child; the first and last days of each period during which the service is provided to the child; the name and address of— if the child is residing in a licensed residential facility—the facility; or if the chief executive has placed the child in the care of an approved carer—the carer for the child; details of— any written complaint the licensee receives relating to the provision of the services to the child; and any action the licensee takes in relation to the complaint; details of— any written concern the licensee receives that the standards of care stated in the statement of standards relating to the child’s care by a licensed care service operated under the licence are no longer being met; and any action the licensee takes in relation to the concern; if the child is residing at a licensed residential facility, details of any significant event relating to the child that happened during the residency.\n- (a) the child’s name, date of birth and sex descriptor;\n- (b) the culture of origin of the child;\n- (c) the first and last days of each period during which the service is provided to the child;\n- (d) the name and address of— (i) if the child is residing in a licensed residential facility—the facility; or (ii) if the chief executive has placed the child in the care of an approved carer—the carer for the child;\n- (i) if the child is residing in a licensed residential facility—the facility; or\n- (ii) if the chief executive has placed the child in the care of an approved carer—the carer for the child;\n- (e) details of— (i) any written complaint the licensee receives relating to the provision of the services to the child; and (ii) any action the licensee takes in relation to the complaint;\n- (i) any written complaint the licensee receives relating to the provision of the services to the child; and\n- (ii) any action the licensee takes in relation to the complaint;\n- (f) details of— (i) any written concern the licensee receives that the standards of care stated in the statement of standards relating to the child’s care by a licensed care service operated under the licence are no longer being met; and (ii) any action the licensee takes in relation to the concern;\n- (i) any written concern the licensee receives that the standards of care stated in the statement of standards relating to the child’s care by a licensed care service operated under the licence are no longer being met; and\n- (ii) any action the licensee takes in relation to the concern;\n- (g) if the child is residing at a licensed residential facility, details of any significant event relating to the child that happened during the residency.\n- (i) if the child is residing in a licensed residential facility—the facility; or\n- (ii) if the chief executive has placed the child in the care of an approved carer—the carer for the child;\n- (i) any written complaint the licensee receives relating to the provision of the services to the child; and\n- (ii) any action the licensee takes in relation to the complaint;\n- (i) any written concern the licensee receives that the standards of care stated in the statement of standards relating to the child’s care by a licensed care service operated under the licence are no longer being met; and\n- (ii) any action the licensee takes in relation to the concern;","sortOrder":39},{"sectionNumber":"sec.30","sectionType":"section","heading":"Licensee may be required to make return","content":"### sec.30 Licensee may be required to make return\n\nThe chief executive may, by notice given to a licensee, require the licensee to make a return about the details stated in the records the licensee is required to keep under section 29 .\nThe notice must—\nbe in writing; and\nstate a time, not less than 30 days after the day the chief executive gives the notice, for making the return.\nIf a licensee is given a notice under subsection (1) , the licensee must make the return—\nin the approved form; and\nwithin the time stated in the notice for making the return.\n(sec.30-ssec.1) The chief executive may, by notice given to a licensee, require the licensee to make a return about the details stated in the records the licensee is required to keep under section 29 .\n(sec.30-ssec.2) The notice must— be in writing; and state a time, not less than 30 days after the day the chief executive gives the notice, for making the return.\n(sec.30-ssec.3) If a licensee is given a notice under subsection (1) , the licensee must make the return— in the approved form; and within the time stated in the notice for making the return.\n- (a) be in writing; and\n- (b) state a time, not less than 30 days after the day the chief executive gives the notice, for making the return.\n- (a) in the approved form; and\n- (b) within the time stated in the notice for making the return.","sortOrder":40},{"sectionNumber":"sec.31","sectionType":"section","heading":"Licensee to allow inspection of particular records","content":"### sec.31 Licensee to allow inspection of particular records\n\nA licensee must allow the chief executive to inspect, during normal office hours of the department, the records the licensee is required to keep under section 29 .","sortOrder":41},{"sectionNumber":"sec.32","sectionType":"section","heading":"Chief executive to keep records","content":"### sec.32 Chief executive to keep records\n\nThe chief executive must keep records under this section.\nThe records must include—\ndetails of any report given to the chief executive in relation to a child placed in care under section 82 (1) of the Act about—\nharm caused, or suspected to have been caused, to the child; or\nany standards of care stated in the statement of standards not being met in relation to the child; and\nthe results of any investigation of a matter mentioned in paragraph (a) .\nA record about a matter concerning a child must include information about the type of care provided to the child.\nThe records must be kept in a way that enables the chief executive to—\naccess or collect information about a particular carer or care service; or\nanalyse trends across all of the information recorded under this section.\n(sec.32-ssec.1) The chief executive must keep records under this section.\n(sec.32-ssec.2) The records must include— details of any report given to the chief executive in relation to a child placed in care under section 82 (1) of the Act about— harm caused, or suspected to have been caused, to the child; or any standards of care stated in the statement of standards not being met in relation to the child; and the results of any investigation of a matter mentioned in paragraph (a) .\n(sec.32-ssec.3) A record about a matter concerning a child must include information about the type of care provided to the child.\n(sec.32-ssec.4) The records must be kept in a way that enables the chief executive to— access or collect information about a particular carer or care service; or analyse trends across all of the information recorded under this section.\n- (a) details of any report given to the chief executive in relation to a child placed in care under section 82 (1) of the Act about— (i) harm caused, or suspected to have been caused, to the child; or (ii) any standards of care stated in the statement of standards not being met in relation to the child; and\n- (i) harm caused, or suspected to have been caused, to the child; or\n- (ii) any standards of care stated in the statement of standards not being met in relation to the child; and\n- (b) the results of any investigation of a matter mentioned in paragraph (a) .\n- (i) harm caused, or suspected to have been caused, to the child; or\n- (ii) any standards of care stated in the statement of standards not being met in relation to the child; and\n- (a) access or collect information about a particular carer or care service; or\n- (b) analyse trends across all of the information recorded under this section.","sortOrder":42},{"sectionNumber":"pt.10","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":43},{"sectionNumber":"sec.33","sectionType":"section","heading":"Definitions for part","content":"### sec.33 Definitions for part\n\nIn this part—\n2011 regulation means the expired Child Protection Regulation 2011 .\nexpired , for a provision, means the provision of that number of the 2011 regulation.","sortOrder":44},{"sectionNumber":"sec.34","sectionType":"section","heading":"Independent evaluation obtained before commencement","content":"### sec.34 Independent evaluation obtained before commencement\n\nThis section applies if an application mentioned in section 125 (1) of the Act was made but not decided before the commencement.\nA written evaluation obtained under expired section 4(2)(a) in relation to the application is taken to be obtained under section 7(2)(a).\nA copy of the written evaluation given to the applicant under expired section 4(2)(b) is taken to be given under section 7(2)(b); and\nA written invitation given to the applicant under expired section 4(2)(c) is taken to be given under section 7(2)(c).\nA submission given by the applicant to the chief executive in accordance with expired section 4(2)(c) is taken to be given under section 7(2)(c).\n(sec.34-ssec.1) This section applies if an application mentioned in section 125 (1) of the Act was made but not decided before the commencement.\n(sec.34-ssec.2) A written evaluation obtained under expired section 4(2)(a) in relation to the application is taken to be obtained under section 7(2)(a).\n(sec.34-ssec.3) A copy of the written evaluation given to the applicant under expired section 4(2)(b) is taken to be given under section 7(2)(b); and\n(sec.34-ssec.4) A written invitation given to the applicant under expired section 4(2)(c) is taken to be given under section 7(2)(c).\n(sec.34-ssec.5) A submission given by the applicant to the chief executive in accordance with expired section 4(2)(c) is taken to be given under section 7(2)(c).","sortOrder":45},{"sectionNumber":"sec.35","sectionType":"section","heading":"Procedure prepared before commencement","content":"### sec.35 Procedure prepared before commencement\n\nA procedure prepared under expired section 6 is taken to be a procedure prepared under section 28.","sortOrder":46},{"sectionNumber":"sec.36","sectionType":"section","heading":"Records kept before commencement and under s 29","content":"### sec.36 Records kept before commencement and under s 29\n\nA record kept under expired section 7 is taken to be a record for section 29.\nThe requirement, under section 29(2), for records to include information in relation to the culture of origin of a child does not apply until 1 March 2024.\n(sec.36-ssec.1) A record kept under expired section 7 is taken to be a record for section 29.\n(sec.36-ssec.2) The requirement, under section 29(2), for records to include information in relation to the culture of origin of a child does not apply until 1 March 2024.","sortOrder":47},{"sectionNumber":"sec.37","sectionType":"section","heading":"Notice given before commencement","content":"### sec.37 Notice given before commencement\n\nThis section applies to a notice given under expired section 9 that—\nwas given before the commencement; and\nhas not been complied with on the commencement.\nThe notice is taken to have been given under section 30(1).\n(sec.37-ssec.1) This section applies to a notice given under expired section 9 that— was given before the commencement; and has not been complied with on the commencement.\n(sec.37-ssec.2) The notice is taken to have been given under section 30(1).\n- (a) was given before the commencement; and\n- (b) has not been complied with on the commencement.","sortOrder":48},{"sectionNumber":"sec.38","sectionType":"section","heading":"References to 2011 regulation","content":"### sec.38 References to 2011 regulation\n\nIn an instrument, a reference to the 2011 regulation may, if the context permits, be taken to be a reference to this regulation.","sortOrder":49}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The regulation appears to be a direct replacement and update of the Child Protection Regulation 2011, carrying forward substantially the same subject matter and structure. The transitional provisions (ss.33–38) explicitly map old provisions to new ones on a near one-for-one basis, and the core areas — mandatory reporting, care agreements, licensing, records, and suitability — remain consistent with the original intent. Minor expansions (such as adding 'culture of origin' record-keeping requirements and updated register particulars) reflect incremental refinements rather than a fundamental shift in scope."},"complexity_factors":["Heavy reliance on an external parent Act — many provisions only make sense by cross-referencing specific sections of the Child Protection Act (e.g., s.13G, s.84, s.85, s.86, s.126, s.148F, s.159M, s.189, s.203, s.204)","Multiple distinct subject matters covered in one instrument — mandatory reporting, care agreements, licensing, suitability assessments, records, interstate law, and information sharing","Deeply nested list structures (multi-level sub-clauses: (a)(i)(A) etc.) creating complex conditional requirements that are difficult to follow without a legal background","Detailed and overlapping suitability criteria across many different roles (foster carer, kinship carer, provisional carer, director, nominee, risk-assessed role), requiring readers to identify which category applies to them","Specific cultural heritage obligations for Aboriginal and Torres Strait Islander children requiring awareness of additional laws (Aboriginal Cultural Heritage Act 2003, Torres Strait Islander Cultural Heritage Act 2003)","Register provisions (ss.10–12) covering applicants, current holders, and former holders with different but overlapping sets of prescribed particulars — easy to confuse","Transitional provisions bridging the 2011 and 2023 regulations, which require understanding of what the old rules said and how the new rules interact with things already done under them","Privacy-sensitive data requirements (criminal history, domestic violence history, traffic history, working with children checks) creating obligations that intersect with other legal frameworks","Interplay with schedules (schedules 1, 2, and 3 are referenced but not reproduced here), meaning readers need access to additional material to fully understand the regulation"],"plain_english_summary":"The Child Protection Regulation 2023 is the operational rulebook for Queensland’s Child Protection Act, replacing the 2011 regulation. It details how mandatory reporters, carers, licensed care services and government officials must act—covering reporting, care agreements, licensing, recordkeeping, information sharing and protections for parents and First Nations children. It matters because it sets practical safeguards and accountability that determine how vulnerable children are placed, cared for and protected."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The regulation retains the framework of the expired 2011 regulation but refines and expands operational detail: it prescribes new or clearer content for reports and care‑agreements (ss.4,5), mandates independent written evaluations before licence decisions with objection periods (s.7), broadens register and record particulars including sensitive personal histories (ss.9–12,29,32), and introduces transitional mapping from the 2011 rules with a delayed start for culture‑of‑origin data (ss.34,36). These changes increase administrative and compliance scope for licensees and the department."},"complexity_factors":["Extensive cross-references to the Child Protection Act requiring interpretation alongside that Act (multiple sections e.g. ss.4,5,7 refer to Act provisions).","Detailed prescribed content requirements for reports and agreements (s.4; s.5) increasing documentation burden.","Mandatory independent evaluation before licence grant/renewal with applicant consultation timelines (s.7).","Broad data collection and sensitive personal information kept in registers and records (identification, working-with-children status, domestic violence, criminal history) (ss.9–12, 29, 32).","Multiple administrative powers and discretion vested in the chief executive (inspection, record-keeping, approval to publish, requiring returns) (ss.7, 14, 30, 31, 32).","Transitional and phased implementation rules that require tracking legacy material (pt.10; ss.34–38), including a delayed requirement for recording culture of origin (s.36(2)).","Operational requirements for licensees to prepare internal procedures and reporting pathways (s.28) and to allow inspections (s.31)."],"plain_english_summary":"This regulation sets out procedural and record-keeping rules for child-protection: what must be in mandatory reports, terms required in agreements when a child is placed in care, licensing checks (including an independent written evaluation), criteria for who counts as a suitable carer or manager, and what records licensees and the chief executive must keep. It affects departmental decision‑makers, licensees, carers, applicants and staff; it creates compliance tasks (reports, evaluations, records) and grants the chief executive decision‑making discretion (see ss.4,7,29,32,14)."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The regulation appears consistent with the original intent of operationalizing the Child Protection Act 1999. It covers the expected areas: mandatory reporting details, care placement agreements, licensing of care services, and suitability assessments. The detailed record-keeping requirements in sections 10-12 are extensive but fall within the scope of regulating child protection services."},"complexity_factors":["Extensive cross-referencing to the Child Protection Act 1999 (the 'Act')—nearly every section references specific sections of the parent Act","Multiple nested definitions: 'identification information', 'working with children information', 'relevant person', and 'personal history' each contain sub-lists of specific data points","Duplicative structure in sections 10-12 (applicants, holders, former holders) with slight variations creating subtle differences that are easy to miss","Conditional logic throughout (e.g., 'if the chief executive has assessed...', 'if the application was refused...', 'if the person holds a working with children authority...')","Heavily prescriptive lists—section 5 alone contains 10 mandatory agreement terms with sub-bullets, and sections 10-12 contain extensive data collection requirements","Transitional provisions (Part 10) requiring mapping between old and new regulation sections","Multiple roles with slightly different suitability criteria (sections 18-26) requiring careful comparison"],"plain_english_summary":"This regulation sets out detailed operational rules for Queensland's child protection system under the Child Protection Act 1999. It covers four main areas:\n\n**1. Mandatory Reporting (Part 2)**\nSpecifies exactly what information must be included when someone makes a mandatory report about suspected child harm—things like the child's name, age, how to contact them, details of the suspected harm, and who might have caused it.\n\n**2. Placing Children in Care (Part 3)**\nSets out what must go into agreements when the government places a child with an approved carer. This includes how long the arrangement lasts, contact arrangements with family, payment details, and special requirements for Aboriginal and Torres Strait Islander children to maintain connections with their culture, family, and community.\n\n**3. Regulating Care Services (Part 4)**\nEstablishes rules for licensed care services (like residential facilities):\n- Requires independent evaluations before licenses are granted or renewed\n- Sets up a register tracking applicants, license holders, and former holders, including their working with children checks, domestic violence history, and suitability assessments\n- Requires licensees to have procedures for staff to report concerns about care standards\n\n**4. Defining 'Suitable Persons' (Part 8)**\nSpells out who qualifies as a 'suitable person' for different roles—having custody of a child, managing a care service, being a foster carer, kinship carer, or provisionally approved carer. Generally requires that the person doesn't pose a safety risk, can meet care standards, and understands the principles of the Act.\n\n**Who it affects:** Child safety officers, foster and kinship carers, residential care providers, mandatory reporters (teachers, doctors, police, etc.), and anyone applying to work with children in the care system.\n\n**Why it matters:** This is the nuts-and-bolts rulebook that makes the broader Child Protection Act work in practice. It ensures consistent standards for keeping vulnerable children safe, tracks who is allowed to care for them, and preserves cultural connections for Indigenous children."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/child-protection-regulation-2023","history":"/api/acts/child-protection-regulation-2023/history","analysis":"/api/acts/child-protection-regulation-2023/analysis","conflicts":"/api/acts/child-protection-regulation-2023/conflicts","importantCases":"/api/acts/child-protection-regulation-2023/important-cases","documents":"/api/acts/child-protection-regulation-2023/documents"}}