{"id":"qld:act-2024-049","name":"Child Safe Organisations Act 2024 ","slug":"child-safe-organisations-act-2024","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"49 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29550,"registerId":"qld-act-2024-049-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.1-pt.1","sectionType":"part","heading":"Introduction","content":"# Introduction","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Child Safe Organisations Act 2024 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act, other than the provisions mentioned in subsections (2) to (4) , commences on 1 October 2025.\nSchedule 1 , sections 1 , 3 , 6 , 7 and 12 commence on 1 January 2026.\nThe following provisions commence on 1 April 2026—\nchapter 10 , parts 4 and 5 , other than section 128 ;\nschedule 1 , sections 2 , 9 , 10 and 11 ;\nschedules 4 and 5 .\nThe following provisions commence on 1 July 2026—\nsection 3 (2) (c) and (d) ;\nchapter 3 ;\nchapter 4 , part 3 ;\nsection 58 (1) (b) and (c) ;\nsection 59 (1) (b) ;\nsection 60 (6) , definition relevant entity , paragraph (d) ;\nsection 91 (2) (b) to (f) and (4) , definition relevant person , paragraphs (b) to (e) ;\nsection 98 (c) ;\nsection 103 (1) (b) ;\nsection 107 (2) ;\nsection 112 ;\nchapter 10 , part 2 ;\nsection 128 ;\nschedule 2 .\ns 2 amd 2025 No. 24 s 39B\n(sec.2-ssec.1) This Act, other than the provisions mentioned in subsections (2) to (4) , commences on 1 October 2025.\n(sec.2-ssec.2) Schedule 1 , sections 1 , 3 , 6 , 7 and 12 commence on 1 January 2026.\n(sec.2-ssec.3) The following provisions commence on 1 April 2026— chapter 10 , parts 4 and 5 , other than section 128 ; schedule 1 , sections 2 , 9 , 10 and 11 ; schedules 4 and 5 .\n(sec.2-ssec.4) The following provisions commence on 1 July 2026— section 3 (2) (c) and (d) ; chapter 3 ; chapter 4 , part 3 ; section 58 (1) (b) and (c) ; section 59 (1) (b) ; section 60 (6) , definition relevant entity , paragraph (d) ; section 91 (2) (b) to (f) and (4) , definition relevant person , paragraphs (b) to (e) ; section 98 (c) ; section 103 (1) (b) ; section 107 (2) ; section 112 ; chapter 10 , part 2 ; section 128 ; schedule 2 .\n- (a) chapter 10 , parts 4 and 5 , other than section 128 ;\n- (b) schedule 1 , sections 2 , 9 , 10 and 11 ;\n- (c) schedules 4 and 5 .\n- (a) section 3 (2) (c) and (d) ;\n- (b) chapter 3 ;\n- (c) chapter 4 , part 3 ;\n- (d) section 58 (1) (b) and (c) ;\n- (e) section 59 (1) (b) ;\n- (f) section 60 (6) , definition relevant entity , paragraph (d) ;\n- (g) section 91 (2) (b) to (f) and (4) , definition relevant person , paragraphs (b) to (e) ;\n- (h) section 98 (c) ;\n- (i) section 103 (1) (b) ;\n- (j) section 107 (2) ;\n- (k) section 112 ;\n- (l) chapter 10 , part 2 ;\n- (m) section 128 ;\n- (n) schedule 2 .","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Main purposes","content":"### sec.3 Main purposes\n\nThe main purposes of this Act are—\nto protect children from harm; and\nto promote the safety, wellbeing and best interests of children.\nThe main purposes are to be primarily achieved by—\nproviding for the implementation of, and compliance with, the child safe standards and universal principle by particular entities in Queensland; and\nthe oversight by the commission of the implementation of, and compliance with, the child safe standards and universal principle; and\nproviding for a scheme for—\npreventing reportable conduct; and\nreporting, notifying and investigating reportable allegations and reportable convictions; and\ntaking appropriate action in response to findings of reportable conduct; and\nproviding for the oversight by the commission of the scheme mentioned in paragraph (c) .\n(sec.3-ssec.1) The main purposes of this Act are— to protect children from harm; and to promote the safety, wellbeing and best interests of children.\n(sec.3-ssec.2) The main purposes are to be primarily achieved by— providing for the implementation of, and compliance with, the child safe standards and universal principle by particular entities in Queensland; and the oversight by the commission of the implementation of, and compliance with, the child safe standards and universal principle; and providing for a scheme for— preventing reportable conduct; and reporting, notifying and investigating reportable allegations and reportable convictions; and taking appropriate action in response to findings of reportable conduct; and providing for the oversight by the commission of the scheme mentioned in paragraph (c) .\n- (a) to protect children from harm; and\n- (b) to promote the safety, wellbeing and best interests of children.\n- (a) providing for the implementation of, and compliance with, the child safe standards and universal principle by particular entities in Queensland; and\n- (b) the oversight by the commission of the implementation of, and compliance with, the child safe standards and universal principle; and\n- (c) providing for a scheme for— (i) preventing reportable conduct; and (ii) reporting, notifying and investigating reportable allegations and reportable convictions; and (iii) taking appropriate action in response to findings of reportable conduct; and\n- (i) preventing reportable conduct; and\n- (ii) reporting, notifying and investigating reportable allegations and reportable convictions; and\n- (iii) taking appropriate action in response to findings of reportable conduct; and\n- (d) providing for the oversight by the commission of the scheme mentioned in paragraph (c) .\n- (i) preventing reportable conduct; and\n- (ii) reporting, notifying and investigating reportable allegations and reportable convictions; and\n- (iii) taking appropriate action in response to findings of reportable conduct; and","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Act binds all persons","content":"### sec.4 Act binds all persons\n\nThis Act binds all persons, including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States.\nNothing in this Act makes the State, the Commonwealth or another State liable to be prosecuted for an offence.\n(sec.4-ssec.1) This Act binds all persons, including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States.\n(sec.4-ssec.2) Nothing in this Act makes the State, the Commonwealth or another State liable to be prosecuted for an offence.","sortOrder":4},{"sectionNumber":"ch.1-pt.2","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Definitions","content":"### sec.5 Definitions\n\nThe dictionary in schedule 3 defines particular words used in this Act.","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Meaning of sector regulator","content":"### sec.6 Meaning of sector regulator\n\nA sector regulator , for a child safe entity or reporting entity, is—\na department or other entity, other than the commission, that is—\nresponsible for regulating the child safe entity or reporting entity; and\nprescribed by regulation as a sector regulator for the child safe entity or reporting entity; or\nfor a child safe entity or reporting entity mentioned in schedule 1 or 2 —a department that provides funding to the child safe entity or reporting entity; or\nanother entity prescribed by regulation as a sector regulator for the child safe entity or reporting entity.\n- (a) a department or other entity, other than the commission, that is— (i) responsible for regulating the child safe entity or reporting entity; and (ii) prescribed by regulation as a sector regulator for the child safe entity or reporting entity; or\n- (i) responsible for regulating the child safe entity or reporting entity; and\n- (ii) prescribed by regulation as a sector regulator for the child safe entity or reporting entity; or\n- (b) for a child safe entity or reporting entity mentioned in schedule 1 or 2 —a department that provides funding to the child safe entity or reporting entity; or\n- (c) another entity prescribed by regulation as a sector regulator for the child safe entity or reporting entity.\n- (i) responsible for regulating the child safe entity or reporting entity; and\n- (ii) prescribed by regulation as a sector regulator for the child safe entity or reporting entity; or","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Meaning of head of an entity","content":"### sec.7 Meaning of head of an entity\n\nThe head of an entity is—\nfor a public sector entity under the Public Sector Act 2022 , section 8 —the chief executive of the public sector entity; or\nfor the police service—the police commissioner; or\nthe person or holder of a position prescribed by regulation as the head of the entity; or\notherwise—\nthe chief executive officer of the entity, however described; or\nif there is no chief executive officer—the principal officer of the entity, however described; or\nif there is no chief executive officer or principal officer—a person or holder of a position for the entity approved by the commission.\n- (a) for a public sector entity under the Public Sector Act 2022 , section 8 —the chief executive of the public sector entity; or\n- (b) for the police service—the police commissioner; or\n- (c) the person or holder of a position prescribed by regulation as the head of the entity; or\n- (d) otherwise— (i) the chief executive officer of the entity, however described; or (ii) if there is no chief executive officer—the principal officer of the entity, however described; or (iii) if there is no chief executive officer or principal officer—a person or holder of a position for the entity approved by the commission.\n- (i) the chief executive officer of the entity, however described; or\n- (ii) if there is no chief executive officer—the principal officer of the entity, however described; or\n- (iii) if there is no chief executive officer or principal officer—a person or holder of a position for the entity approved by the commission.\n- (i) the chief executive officer of the entity, however described; or\n- (ii) if there is no chief executive officer—the principal officer of the entity, however described; or\n- (iii) if there is no chief executive officer or principal officer—a person or holder of a position for the entity approved by the commission.","sortOrder":8},{"sectionNumber":"sec.8","sectionType":"section","heading":"Meaning of worker of an entity","content":"### sec.8 Meaning of worker of an entity\n\nA worker of a child safe entity or reporting entity is an individual who performs work of any kind for the entity, and includes, for example, the following—\nan employee of the entity;\na volunteer;\nan approved carer, and a member of an approved carer’s household, under the Child Protection Act 1999 , schedule 3\na contractor, subcontractor or consultant;\nan individual supplied by a provider of labour hire services under the Labour Hire Licensing Act 2017 ;\nan executive officer of the entity, or another person who is concerned with, or takes part in, the entity’s management, other than a councillor of a local government;\na trainee or person undertaking work experience for the entity;\nif the entity is a religious body—a minister of religion, religious leader or officer of the religious body;\nif the entity is a sole trader—the individual operating as sole trader;\nif the child safe entity or reporting entity is the department in which the Child Protection Act 1999 is administered—an honorary officer under schedule 3 of that Act.\nHowever, an individual is not a worker if a regulation prescribes the individual as being excluded from the definition under subsection (1) .\n(sec.8-ssec.1) A worker of a child safe entity or reporting entity is an individual who performs work of any kind for the entity, and includes, for example, the following— an employee of the entity; a volunteer; an approved carer, and a member of an approved carer’s household, under the Child Protection Act 1999 , schedule 3 a contractor, subcontractor or consultant; an individual supplied by a provider of labour hire services under the Labour Hire Licensing Act 2017 ; an executive officer of the entity, or another person who is concerned with, or takes part in, the entity’s management, other than a councillor of a local government; a trainee or person undertaking work experience for the entity; if the entity is a religious body—a minister of religion, religious leader or officer of the religious body; if the entity is a sole trader—the individual operating as sole trader; if the child safe entity or reporting entity is the department in which the Child Protection Act 1999 is administered—an honorary officer under schedule 3 of that Act.\n(sec.8-ssec.2) However, an individual is not a worker if a regulation prescribes the individual as being excluded from the definition under subsection (1) .\n- (a) an employee of the entity;\n- (b) a volunteer; Example— an approved carer, and a member of an approved carer’s household, under the Child Protection Act 1999 , schedule 3\n- (c) a contractor, subcontractor or consultant;\n- (d) an individual supplied by a provider of labour hire services under the Labour Hire Licensing Act 2017 ;\n- (e) an executive officer of the entity, or another person who is concerned with, or takes part in, the entity’s management, other than a councillor of a local government;\n- (f) a trainee or person undertaking work experience for the entity;\n- (g) if the entity is a religious body—a minister of religion, religious leader or officer of the religious body;\n- (h) if the entity is a sole trader—the individual operating as sole trader;\n- (i) if the child safe entity or reporting entity is the department in which the Child Protection Act 1999 is administered—an honorary officer under schedule 3 of that Act.","sortOrder":9},{"sectionNumber":"ch.2-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"Meaning of child safe standards","content":"### sec.9 Meaning of child safe standards\n\nThe following standards are the child safe standards applying to an entity—\nchild safety and wellbeing is embedded in the entity’s organisational leadership, governance and culture;\nchildren are informed about their rights, participate in decisions affecting them and are taken seriously;\nfamilies and communities are informed and involved in promoting child safety and wellbeing;\nequity is upheld and diverse needs respected in policy and practice;\npeople working with children are suitable and supported to reflect child safety and wellbeing values in practice;\nprocesses to respond to complaints and concerns are child-focused;\nstaff and volunteers of the entity are equipped with the knowledge, skills and awareness to keep children safe through ongoing education and training;\nphysical and online environments promote safety and wellbeing and minimise the opportunity for children to be harmed;\nimplementation of the child safe standards is regularly reviewed and improved;\npolicies and procedures document how the entity is safe for children.\n- (a) child safety and wellbeing is embedded in the entity’s organisational leadership, governance and culture;\n- (b) children are informed about their rights, participate in decisions affecting them and are taken seriously;\n- (c) families and communities are informed and involved in promoting child safety and wellbeing;\n- (d) equity is upheld and diverse needs respected in policy and practice;\n- (e) people working with children are suitable and supported to reflect child safety and wellbeing values in practice;\n- (f) processes to respond to complaints and concerns are child-focused;\n- (g) staff and volunteers of the entity are equipped with the knowledge, skills and awareness to keep children safe through ongoing education and training;\n- (h) physical and online environments promote safety and wellbeing and minimise the opportunity for children to be harmed;\n- (i) implementation of the child safe standards is regularly reviewed and improved;\n- (j) policies and procedures document how the entity is safe for children.","sortOrder":11},{"sectionNumber":"sec.10","sectionType":"section","heading":"Meaning of child safe entity","content":"### sec.10 Meaning of child safe entity\n\nA child safe entity is an entity—\nthat provides—\nservices specifically for children; or\nfacilities specifically for use by children who are under the supervision of the entity; and\nthat is either—\nmentioned in schedule 1 ; or\nprescribed by regulation.\nHowever, an individual is not a child safe entity unless the individual carries on a business as an entity mentioned in subsection (1) , including, for example, as a sole trader or partner in a partnership under the Partnership Act 1891 , section 5 .\nSee also section 12 .\n(sec.10-ssec.1) A child safe entity is an entity— that provides— services specifically for children; or facilities specifically for use by children who are under the supervision of the entity; and that is either— mentioned in schedule 1 ; or prescribed by regulation.\n(sec.10-ssec.2) However, an individual is not a child safe entity unless the individual carries on a business as an entity mentioned in subsection (1) , including, for example, as a sole trader or partner in a partnership under the Partnership Act 1891 , section 5 .\n- (a) that provides— (i) services specifically for children; or (ii) facilities specifically for use by children who are under the supervision of the entity; and\n- (i) services specifically for children; or\n- (ii) facilities specifically for use by children who are under the supervision of the entity; and\n- (b) that is either— (i) mentioned in schedule 1 ; or (ii) prescribed by regulation.\n- (i) mentioned in schedule 1 ; or\n- (ii) prescribed by regulation.\n- (i) services specifically for children; or\n- (ii) facilities specifically for use by children who are under the supervision of the entity; and\n- (i) mentioned in schedule 1 ; or\n- (ii) prescribed by regulation.","sortOrder":12},{"sectionNumber":"ch.2-pt.2","sectionType":"part","heading":"Requirement to implement and comply with child safe standards","content":"# Requirement to implement and comply with child safe standards","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":"Child safe entities must implement and comply with child safe standards and universal principle","content":"### sec.11 Child safe entities must implement and comply with child safe standards and universal principle\n\nA child safe entity must implement and comply with the child safe standards.\nAn authorised officer may require a relevant person to give information about a child safe entity’s compliance with this section. See section 91 .\nIn implementing and complying with the child safe standards, a child safe entity must provide an environment that promotes and upholds the right to cultural safety of children who are Aboriginal persons or Torres Strait Islander persons (the universal principle ).\nA child safe entity must have regard to guidelines made by the commission under section 108 in implementing and complying with the child safe standards and universal principle.\n(sec.11-ssec.1) A child safe entity must implement and comply with the child safe standards. An authorised officer may require a relevant person to give information about a child safe entity’s compliance with this section. See section 91 .\n(sec.11-ssec.2) In implementing and complying with the child safe standards, a child safe entity must provide an environment that promotes and upholds the right to cultural safety of children who are Aboriginal persons or Torres Strait Islander persons (the universal principle ).\n(sec.11-ssec.3) A child safe entity must have regard to guidelines made by the commission under section 108 in implementing and complying with the child safe standards and universal principle.","sortOrder":14},{"sectionNumber":"sec.12","sectionType":"section","heading":"Entity may choose to be subject to this chapter","content":"### sec.12 Entity may choose to be subject to this chapter\n\nAn entity that is not required to implement and comply with the child safe standards and universal principle under section 11 may ask the Minister, in writing, to declare that the entity is subject to the obligations of a child safe entity under this chapter.\nIf asked under subsection (1) , the Minister must make the declaration by gazette notice.\nThe Minister must, by gazette notice, revoke the declaration if asked in writing by the entity.\nThe entity is, for the period the declaration is in force, taken to be a child safe entity for this Act.\n(sec.12-ssec.1) An entity that is not required to implement and comply with the child safe standards and universal principle under section 11 may ask the Minister, in writing, to declare that the entity is subject to the obligations of a child safe entity under this chapter.\n(sec.12-ssec.2) If asked under subsection (1) , the Minister must make the declaration by gazette notice.\n(sec.12-ssec.3) The Minister must, by gazette notice, revoke the declaration if asked in writing by the entity.\n(sec.12-ssec.4) The entity is, for the period the declaration is in force, taken to be a child safe entity for this Act.","sortOrder":15},{"sectionNumber":"ch.2-pt.3","sectionType":"part","heading":"Oversight by Queensland Family and Child Commission","content":"# Oversight by Queensland Family and Child Commission","sortOrder":16},{"sectionNumber":"ch.2-pt.3-div.1","sectionType":"division","heading":"Functions of commission","content":"## Functions of commission","sortOrder":17},{"sectionNumber":"sec.13","sectionType":"section","heading":"Functions of commission for this chapter","content":"### sec.13 Functions of commission for this chapter\n\nThe commission’s functions for this chapter are—\nto promote—\nthe safety of children; and\nthe prevention of child abuse; and\nthe proper response to allegations of child abuse; and\nto promote continuous improvement and best practice by child safe entities to ensure the safety of children; and\nto promote, monitor and enforce the implementation of, and compliance with, the child safe standards and universal principle by child safe entities; and\nto collaborate with sector regulators in relation to performing the functions mentioned in paragraphs (a) to (c) ; and\nto report to the Minister about matters relating to the child safe standards and universal principle.\nWithout limiting subsection (1) , the commission’s functions include—\ninforming and educating entities and the community about the child safe standards and universal principle; and\nassisting child safe entities in implementing and complying with the child safe standards and universal principle, including by providing oversight, guidance, training and education to those entities; and\nfacilitating the exchange of information under chapter 4 between sector regulators in relation to the implementation of, and compliance with, the child safe standards and universal principle by child safe entities; and\ncollecting, analysing and publishing data in relation to the child safe standards and universal principle.\n(sec.13-ssec.1) The commission’s functions for this chapter are— to promote— the safety of children; and the prevention of child abuse; and the proper response to allegations of child abuse; and to promote continuous improvement and best practice by child safe entities to ensure the safety of children; and to promote, monitor and enforce the implementation of, and compliance with, the child safe standards and universal principle by child safe entities; and to collaborate with sector regulators in relation to performing the functions mentioned in paragraphs (a) to (c) ; and to report to the Minister about matters relating to the child safe standards and universal principle.\n(sec.13-ssec.2) Without limiting subsection (1) , the commission’s functions include— informing and educating entities and the community about the child safe standards and universal principle; and assisting child safe entities in implementing and complying with the child safe standards and universal principle, including by providing oversight, guidance, training and education to those entities; and facilitating the exchange of information under chapter 4 between sector regulators in relation to the implementation of, and compliance with, the child safe standards and universal principle by child safe entities; and collecting, analysing and publishing data in relation to the child safe standards and universal principle.\n- (a) to promote— (i) the safety of children; and (ii) the prevention of child abuse; and (iii) the proper response to allegations of child abuse; and\n- (i) the safety of children; and\n- (ii) the prevention of child abuse; and\n- (iii) the proper response to allegations of child abuse; and\n- (b) to promote continuous improvement and best practice by child safe entities to ensure the safety of children; and\n- (c) to promote, monitor and enforce the implementation of, and compliance with, the child safe standards and universal principle by child safe entities; and\n- (d) to collaborate with sector regulators in relation to performing the functions mentioned in paragraphs (a) to (c) ; and\n- (e) to report to the Minister about matters relating to the child safe standards and universal principle.\n- (i) the safety of children; and\n- (ii) the prevention of child abuse; and\n- (iii) the proper response to allegations of child abuse; and\n- (a) informing and educating entities and the community about the child safe standards and universal principle; and\n- (b) assisting child safe entities in implementing and complying with the child safe standards and universal principle, including by providing oversight, guidance, training and education to those entities; and\n- (c) facilitating the exchange of information under chapter 4 between sector regulators in relation to the implementation of, and compliance with, the child safe standards and universal principle by child safe entities; and\n- (d) collecting, analysing and publishing data in relation to the child safe standards and universal principle.","sortOrder":18},{"sectionNumber":"sec.14","sectionType":"section","heading":"Principles for implementing and complying with child safe standards and universal principle","content":"### sec.14 Principles for implementing and complying with child safe standards and universal principle\n\nThe implementation of, and compliance with, the child safe standards and universal principle by child safe entities and oversight by the commission under this chapter are to be based on the following fundamental principles—\nchild safe entities are responsible for continuously improving the ways in which, in their operations—\nthe safety of children is promoted; and\nchild abuse is prevented; and\nallegations of child abuse are properly responded to;\nthe commission is to adopt the most effective and proportionate means of assisting child safe entities in implementing and complying with the child safe standards and universal principle;\nthe commission and sector regulators are to collaborate with each other, child safe entities and the community for the purpose of promoting implementation of, and compliance with, the child safe standards and universal principle by child safe entities.\nWithout limiting subsection (1) (c) , collaboration under that subsection includes notifying the commission of issues affecting the proper implementation of, and compliance with, the child safe standards and universal principle by a child safe entity under this chapter.\n(sec.14-ssec.1) The implementation of, and compliance with, the child safe standards and universal principle by child safe entities and oversight by the commission under this chapter are to be based on the following fundamental principles— child safe entities are responsible for continuously improving the ways in which, in their operations— the safety of children is promoted; and child abuse is prevented; and allegations of child abuse are properly responded to; the commission is to adopt the most effective and proportionate means of assisting child safe entities in implementing and complying with the child safe standards and universal principle; the commission and sector regulators are to collaborate with each other, child safe entities and the community for the purpose of promoting implementation of, and compliance with, the child safe standards and universal principle by child safe entities.\n(sec.14-ssec.2) Without limiting subsection (1) (c) , collaboration under that subsection includes notifying the commission of issues affecting the proper implementation of, and compliance with, the child safe standards and universal principle by a child safe entity under this chapter.\n- (a) child safe entities are responsible for continuously improving the ways in which, in their operations— (i) the safety of children is promoted; and (ii) child abuse is prevented; and (iii) allegations of child abuse are properly responded to;\n- (i) the safety of children is promoted; and\n- (ii) child abuse is prevented; and\n- (iii) allegations of child abuse are properly responded to;\n- (b) the commission is to adopt the most effective and proportionate means of assisting child safe entities in implementing and complying with the child safe standards and universal principle;\n- (c) the commission and sector regulators are to collaborate with each other, child safe entities and the community for the purpose of promoting implementation of, and compliance with, the child safe standards and universal principle by child safe entities.\n- (i) the safety of children is promoted; and\n- (ii) child abuse is prevented; and\n- (iii) allegations of child abuse are properly responded to;","sortOrder":19},{"sectionNumber":"ch.2-pt.3-div.2","sectionType":"division","heading":"Monitoring and enforcement by commission","content":"## Monitoring and enforcement by commission","sortOrder":20},{"sectionNumber":"sec.15","sectionType":"section","heading":"Commission may monitor compliance","content":"### sec.15 Commission may monitor compliance\n\nThe commission may monitor the operation of a child safe entity to ensure the entity is implementing and complying with the child safe standards and universal principle.","sortOrder":21},{"sectionNumber":"sec.16","sectionType":"section","heading":"Direction to conduct self-assessment","content":"### sec.16 Direction to conduct self-assessment\n\nThe commission may, for monitoring a child safe entity under section 15 , direct the head of a child safe entity to conduct a self-assessment of the entity’s implementation of, and compliance with, the child safe standards and universal principle.\nThe direction must—\nbe in writing; and\nstate the requirements for the conduct of the self-assessment; and\nstate that the entity must give the results of the self-assessment to the commission; and\nstate a reasonable period of at least 14 days after the date the direction is given within which the direction must be complied with.\n(sec.16-ssec.1) The commission may, for monitoring a child safe entity under section 15 , direct the head of a child safe entity to conduct a self-assessment of the entity’s implementation of, and compliance with, the child safe standards and universal principle.\n(sec.16-ssec.2) The direction must— be in writing; and state the requirements for the conduct of the self-assessment; and state that the entity must give the results of the self-assessment to the commission; and state a reasonable period of at least 14 days after the date the direction is given within which the direction must be complied with.\n- (a) be in writing; and\n- (b) state the requirements for the conduct of the self-assessment; and\n- (c) state that the entity must give the results of the self-assessment to the commission; and\n- (d) state a reasonable period of at least 14 days after the date the direction is given within which the direction must be complied with.","sortOrder":22},{"sectionNumber":"sec.17","sectionType":"section","heading":"Assessment reports","content":"### sec.17 Assessment reports\n\nThe commission may, for monitoring a child safe entity under section 15 , give a report (an assessment report ) to a child safe entity to provide guidance or make recommendations to the entity about the entity’s implementation of, and compliance with, the child safe standards and universal principle.\nIf the commission’s assessment report for a child safe entity includes recommendations, the assessment report must also state a reasonable period of at least 14 days after the report is given within which the entity must give the commission a written response to the assessment report, including advice about the entity’s implementation of the commission’s recommendations.\n(sec.17-ssec.1) The commission may, for monitoring a child safe entity under section 15 , give a report (an assessment report ) to a child safe entity to provide guidance or make recommendations to the entity about the entity’s implementation of, and compliance with, the child safe standards and universal principle.\n(sec.17-ssec.2) If the commission’s assessment report for a child safe entity includes recommendations, the assessment report must also state a reasonable period of at least 14 days after the report is given within which the entity must give the commission a written response to the assessment report, including advice about the entity’s implementation of the commission’s recommendations.","sortOrder":23},{"sectionNumber":"sec.18","sectionType":"section","heading":"Compliance notices","content":"### sec.18 Compliance notices\n\nThis section applies if the commission believes a child safe entity is failing to implement or comply with the child safe standards or universal principle.\nThe commission may form a belief that a child safe entity is failing to implement the child safe standards or universal principle if the entity has failed to comply with directions to conduct a self-assessment given under section 16 or has failed to respond to assessment reports given to the entity under section 17 .\nThe commission may give the child safe entity a written notice (a compliance notice ) stating—\nthe reasons for giving the notice; and\neach child safe standard the commission believes the entity has not implemented or with which the entity has not complied with, or that the commission believes the entity has not implemented or complied with the universal principle; and\nthe action the entity is required to take; and\nthe date by which the entity must take the action; and\nthe action the commission may take if the entity fails to comply with the notice; and\nthat it is an offence to fail to comply with the notice; and\nthe maximum penalty for a failure to comply with the notice.\nThe compliance notice must be accompanied by an information notice about the commission’s decision to give the compliance notice.\nThe date stated in the notice under subsection (2) (d) must be at least 14 days after the notice is given.\nThe child safe entity must comply with the notice, unless the entity has a reasonable excuse.\nMaximum penalty—100 penalty units.\nSee also section 24 .\nIn this section—\nchild safe entity means—\nif the child safe entity is a person—the child safe entity; or\notherwise—the head of the child safe entity.\n(sec.18-ssec.1) This section applies if the commission believes a child safe entity is failing to implement or comply with the child safe standards or universal principle. The commission may form a belief that a child safe entity is failing to implement the child safe standards or universal principle if the entity has failed to comply with directions to conduct a self-assessment given under section 16 or has failed to respond to assessment reports given to the entity under section 17 .\n(sec.18-ssec.2) The commission may give the child safe entity a written notice (a compliance notice ) stating— the reasons for giving the notice; and each child safe standard the commission believes the entity has not implemented or with which the entity has not complied with, or that the commission believes the entity has not implemented or complied with the universal principle; and the action the entity is required to take; and the date by which the entity must take the action; and the action the commission may take if the entity fails to comply with the notice; and that it is an offence to fail to comply with the notice; and the maximum penalty for a failure to comply with the notice.\n(sec.18-ssec.3) The compliance notice must be accompanied by an information notice about the commission’s decision to give the compliance notice.\n(sec.18-ssec.4) The date stated in the notice under subsection (2) (d) must be at least 14 days after the notice is given.\n(sec.18-ssec.5) The child safe entity must comply with the notice, unless the entity has a reasonable excuse. Maximum penalty—100 penalty units. See also section 24 .\n(sec.18-ssec.6) In this section— child safe entity means— if the child safe entity is a person—the child safe entity; or otherwise—the head of the child safe entity.\n- (a) the reasons for giving the notice; and\n- (b) each child safe standard the commission believes the entity has not implemented or with which the entity has not complied with, or that the commission believes the entity has not implemented or complied with the universal principle; and\n- (c) the action the entity is required to take; and\n- (d) the date by which the entity must take the action; and\n- (e) the action the commission may take if the entity fails to comply with the notice; and\n- (f) that it is an offence to fail to comply with the notice; and\n- (g) the maximum penalty for a failure to comply with the notice.\n- (a) if the child safe entity is a person—the child safe entity; or\n- (b) otherwise—the head of the child safe entity.","sortOrder":24},{"sectionNumber":"ch.2-pt.3-div.3","sectionType":"division","heading":"Enforceable undertakings","content":"## Enforceable undertakings","sortOrder":25},{"sectionNumber":"sec.19","sectionType":"section","heading":"Enforceable undertakings","content":"### sec.19 Enforceable undertakings\n\nThe commission may accept a written undertaking complying with subsection (2) from a child safe entity.\nThe written undertaking must—\nstate the name of the child safe entity;\nstate the action the entity will take to ensure the child safe standards and universal principle are implemented and complied with;\nstate the day by which the action mentioned in paragraph (b) is to be taken;\nbe signed by the head of the entity.\nIf the commission decides not to accept the written undertaking, the commission must give written notice of the decision to the child safe entity, including reasons for the decision.\nIf the commission decides to accept the written undertaking, the undertaking takes effect on the day the commission gives written notice of the decision to the child safe entity.\nA written undertaking accepted under subsection (4) is an enforceable undertaking .\n(sec.19-ssec.1) The commission may accept a written undertaking complying with subsection (2) from a child safe entity.\n(sec.19-ssec.2) The written undertaking must— state the name of the child safe entity; state the action the entity will take to ensure the child safe standards and universal principle are implemented and complied with; state the day by which the action mentioned in paragraph (b) is to be taken; be signed by the head of the entity.\n(sec.19-ssec.3) If the commission decides not to accept the written undertaking, the commission must give written notice of the decision to the child safe entity, including reasons for the decision.\n(sec.19-ssec.4) If the commission decides to accept the written undertaking, the undertaking takes effect on the day the commission gives written notice of the decision to the child safe entity.\n(sec.19-ssec.5) A written undertaking accepted under subsection (4) is an enforceable undertaking .\n- (a) state the name of the child safe entity;\n- (b) state the action the entity will take to ensure the child safe standards and universal principle are implemented and complied with;\n- (c) state the day by which the action mentioned in paragraph (b) is to be taken;\n- (d) be signed by the head of the entity.","sortOrder":26},{"sectionNumber":"sec.20","sectionType":"section","heading":"Amendment of enforceable undertaking","content":"### sec.20 Amendment of enforceable undertaking\n\nA child safe entity that has given an enforceable undertaking may apply to the commission to amend the enforceable undertaking.\nThe commission may approve the application only if the commission considers the amendment is appropriate in the circumstances and will ensure the child safe entity implements and complies with the child safe standards and universal principle.\nIf the commission refuses the application, the commission must give written notice of the refusal to the child safe entity, including reasons for the decision.\nIf the commission approves the application, the amended enforceable undertaking takes effect on the day the commission gives written notice of the approval to the child safe entity.\n(sec.20-ssec.1) A child safe entity that has given an enforceable undertaking may apply to the commission to amend the enforceable undertaking.\n(sec.20-ssec.2) The commission may approve the application only if the commission considers the amendment is appropriate in the circumstances and will ensure the child safe entity implements and complies with the child safe standards and universal principle.\n(sec.20-ssec.3) If the commission refuses the application, the commission must give written notice of the refusal to the child safe entity, including reasons for the decision.\n(sec.20-ssec.4) If the commission approves the application, the amended enforceable undertaking takes effect on the day the commission gives written notice of the approval to the child safe entity.","sortOrder":27},{"sectionNumber":"sec.21","sectionType":"section","heading":"Requirement to comply with enforceable undertaking","content":"### sec.21 Requirement to comply with enforceable undertaking\n\nA child safe entity that gives an enforceable undertaking must comply with the undertaking, unless the entity has a reasonable excuse.\nMaximum penalty—100 penalty units.\nIn this section—\nchild safe entity means—\nif the child safe entity is a person—the child safe entity; or\notherwise—the head of the child safe entity.\n(sec.21-ssec.1) A child safe entity that gives an enforceable undertaking must comply with the undertaking, unless the entity has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.21-ssec.2) In this section— child safe entity means— if the child safe entity is a person—the child safe entity; or otherwise—the head of the child safe entity.\n- (a) if the child safe entity is a person—the child safe entity; or\n- (b) otherwise—the head of the child safe entity.","sortOrder":28},{"sectionNumber":"sec.22","sectionType":"section","heading":"Register of enforceable undertakings","content":"### sec.22 Register of enforceable undertakings\n\nThe commission must establish and maintain a register of enforceable undertakings accepted by the commission under this division.\nThe register must—\ninclude a copy of each enforceable undertaking that is in effect for a child safe entity; and\nbe available for inspection, free of charge, by members of the public, on the commission’s website.\n(sec.22-ssec.1) The commission must establish and maintain a register of enforceable undertakings accepted by the commission under this division.\n(sec.22-ssec.2) The register must— include a copy of each enforceable undertaking that is in effect for a child safe entity; and be available for inspection, free of charge, by members of the public, on the commission’s website.\n- (a) include a copy of each enforceable undertaking that is in effect for a child safe entity; and\n- (b) be available for inspection, free of charge, by members of the public, on the commission’s website.","sortOrder":29},{"sectionNumber":"ch.2-pt.3-div.4","sectionType":"division","heading":"Other enforcement action","content":"## Other enforcement action","sortOrder":30},{"sectionNumber":"sec.23","sectionType":"section","heading":"Application to court","content":"### sec.23 Application to court\n\nThe commission may apply to the court for an order under this section if the commission is satisfied a child safe entity has failed to comply with—\na compliance notice; or\nan enforceable undertaking.\nIf the court is satisfied the child safe entity has failed to comply with the compliance notice or enforceable undertaking, the court may make 1 or more of the following orders—\nan order directing the child safe entity to comply with the compliance notice or enforceable undertaking;\nan order that the child safe entity pay the State as a civil penalty an amount of no more than 100 penalty units;\nany other order the court considers appropriate.\nIn fixing the penalty, the court must consider—\nthe size of, and resources available to, the child safe entity; and\nthe nature and extent of the non-compliance; and\nthe circumstances in which the contravention took place; and\nthe likely harm caused by the failure to comply; and\nwhether the child safe entity has previously failed to comply with a compliance notice or enforceable undertaking.\nIn this section—\ncourt means a Magistrates Court.\n(sec.23-ssec.1) The commission may apply to the court for an order under this section if the commission is satisfied a child safe entity has failed to comply with— a compliance notice; or an enforceable undertaking.\n(sec.23-ssec.2) If the court is satisfied the child safe entity has failed to comply with the compliance notice or enforceable undertaking, the court may make 1 or more of the following orders— an order directing the child safe entity to comply with the compliance notice or enforceable undertaking; an order that the child safe entity pay the State as a civil penalty an amount of no more than 100 penalty units; any other order the court considers appropriate.\n(sec.23-ssec.3) In fixing the penalty, the court must consider— the size of, and resources available to, the child safe entity; and the nature and extent of the non-compliance; and the circumstances in which the contravention took place; and the likely harm caused by the failure to comply; and whether the child safe entity has previously failed to comply with a compliance notice or enforceable undertaking.\n(sec.23-ssec.4) In this section— court means a Magistrates Court.\n- (a) a compliance notice; or\n- (b) an enforceable undertaking.\n- (a) an order directing the child safe entity to comply with the compliance notice or enforceable undertaking;\n- (b) an order that the child safe entity pay the State as a civil penalty an amount of no more than 100 penalty units;\n- (c) any other order the court considers appropriate.\n- (a) the size of, and resources available to, the child safe entity; and\n- (b) the nature and extent of the non-compliance; and\n- (c) the circumstances in which the contravention took place; and\n- (d) the likely harm caused by the failure to comply; and\n- (e) whether the child safe entity has previously failed to comply with a compliance notice or enforceable undertaking.","sortOrder":31},{"sectionNumber":"sec.24","sectionType":"section","heading":"Publication of non-compliance","content":"### sec.24 Publication of non-compliance\n\nThis section applies if a child safe entity does not, without reasonable excuse, comply with—\na compliance notice; or\nan enforceable undertaking.\nThe commission may decide to publish on the commission’s website—\nthe name of the child safe entity; and\ndetails of the entity’s failure to comply with the compliance notice or enforceable undertaking.\nHowever, the commission must not publish the information unless the child safe entity has been given a written notice of the commission’s intention to publish the information, and the entity has been given a reasonable opportunity to respond.\nIf the commission decides to publish information under subsection (2) , the commission must give the child safe entity an information notice for the decision.\n(sec.24-ssec.1) This section applies if a child safe entity does not, without reasonable excuse, comply with— a compliance notice; or an enforceable undertaking.\n(sec.24-ssec.2) The commission may decide to publish on the commission’s website— the name of the child safe entity; and details of the entity’s failure to comply with the compliance notice or enforceable undertaking.\n(sec.24-ssec.3) However, the commission must not publish the information unless the child safe entity has been given a written notice of the commission’s intention to publish the information, and the entity has been given a reasonable opportunity to respond.\n(sec.24-ssec.4) If the commission decides to publish information under subsection (2) , the commission must give the child safe entity an information notice for the decision.\n- (a) a compliance notice; or\n- (b) an enforceable undertaking.\n- (a) the name of the child safe entity; and\n- (b) details of the entity’s failure to comply with the compliance notice or enforceable undertaking.","sortOrder":32},{"sectionNumber":"ch.3-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":33},{"sectionNumber":"sec.25","sectionType":"section","heading":"Principles for administering chapter","content":"### sec.25 Principles for administering chapter\n\nThis chapter is to be administered under the principles stated in this section.\nThe main principle for administering this chapter is that the protection of children from harm, and the wellbeing and best interests of children, are paramount.\nOther principles for administering this chapter are—\nthe right to cultural safety of children who are Aboriginal persons or Torres Strait Islander persons is to be promoted; and\nif a child is able to form views on a matter concerning a reportable allegation or reportable conviction and it is appropriate in the circumstances to consult the child—\nthe child should be given the opportunity to express the views freely; and\nthe views should be given due weight in an investigation relating to the allegation or conduct in the circumstances; and\ncriminal conduct or suspected criminal conduct should be reported to the police service promptly; and\na police investigation of the subject matter of a reportable allegation or reportable conviction has priority over any other investigation of the conduct under this chapter; and\nsector regulators have the expertise, knowledge and skills in relation to the reporting entities they regulate and, if their functions permit, can make an important contribution to investigations of reportable allegations and reportable convictions; and\nthe commission and sector regulators should work collaboratively and reduce duplication to the extent possible; and\ninformation should be shared between the commission, sector regulators and reporting entities in a timely way in relation to reportable allegations and reportable convictions in order to minimise the risk of harm to children; and\nindividuals who are the subject of an investigation of a reportable allegation or reportable conviction are entitled to be afforded natural justice in the conduct of the investigation; and\nthe commission should—\neducate and guide reporting entities to improve their ability to identify reportable conduct and report and investigate reportable allegations and reportable convictions; and\neducate and guide sector regulators to assist reporting entities in complying with this chapter.\n(sec.25-ssec.1) This chapter is to be administered under the principles stated in this section.\n(sec.25-ssec.2) The main principle for administering this chapter is that the protection of children from harm, and the wellbeing and best interests of children, are paramount.\n(sec.25-ssec.3) Other principles for administering this chapter are— the right to cultural safety of children who are Aboriginal persons or Torres Strait Islander persons is to be promoted; and if a child is able to form views on a matter concerning a reportable allegation or reportable conviction and it is appropriate in the circumstances to consult the child— the child should be given the opportunity to express the views freely; and the views should be given due weight in an investigation relating to the allegation or conduct in the circumstances; and criminal conduct or suspected criminal conduct should be reported to the police service promptly; and a police investigation of the subject matter of a reportable allegation or reportable conviction has priority over any other investigation of the conduct under this chapter; and sector regulators have the expertise, knowledge and skills in relation to the reporting entities they regulate and, if their functions permit, can make an important contribution to investigations of reportable allegations and reportable convictions; and the commission and sector regulators should work collaboratively and reduce duplication to the extent possible; and information should be shared between the commission, sector regulators and reporting entities in a timely way in relation to reportable allegations and reportable convictions in order to minimise the risk of harm to children; and individuals who are the subject of an investigation of a reportable allegation or reportable conviction are entitled to be afforded natural justice in the conduct of the investigation; and the commission should— educate and guide reporting entities to improve their ability to identify reportable conduct and report and investigate reportable allegations and reportable convictions; and educate and guide sector regulators to assist reporting entities in complying with this chapter.\n- (a) the right to cultural safety of children who are Aboriginal persons or Torres Strait Islander persons is to be promoted; and\n- (b) if a child is able to form views on a matter concerning a reportable allegation or reportable conviction and it is appropriate in the circumstances to consult the child— (i) the child should be given the opportunity to express the views freely; and (ii) the views should be given due weight in an investigation relating to the allegation or conduct in the circumstances; and\n- (i) the child should be given the opportunity to express the views freely; and\n- (ii) the views should be given due weight in an investigation relating to the allegation or conduct in the circumstances; and\n- (c) criminal conduct or suspected criminal conduct should be reported to the police service promptly; and\n- (d) a police investigation of the subject matter of a reportable allegation or reportable conviction has priority over any other investigation of the conduct under this chapter; and\n- (e) sector regulators have the expertise, knowledge and skills in relation to the reporting entities they regulate and, if their functions permit, can make an important contribution to investigations of reportable allegations and reportable convictions; and\n- (f) the commission and sector regulators should work collaboratively and reduce duplication to the extent possible; and\n- (g) information should be shared between the commission, sector regulators and reporting entities in a timely way in relation to reportable allegations and reportable convictions in order to minimise the risk of harm to children; and\n- (h) individuals who are the subject of an investigation of a reportable allegation or reportable conviction are entitled to be afforded natural justice in the conduct of the investigation; and\n- (i) the commission should— (i) educate and guide reporting entities to improve their ability to identify reportable conduct and report and investigate reportable allegations and reportable convictions; and (ii) educate and guide sector regulators to assist reporting entities in complying with this chapter.\n- (i) educate and guide reporting entities to improve their ability to identify reportable conduct and report and investigate reportable allegations and reportable convictions; and\n- (ii) educate and guide sector regulators to assist reporting entities in complying with this chapter.\n- (i) the child should be given the opportunity to express the views freely; and\n- (ii) the views should be given due weight in an investigation relating to the allegation or conduct in the circumstances; and\n- (i) educate and guide reporting entities to improve their ability to identify reportable conduct and report and investigate reportable allegations and reportable convictions; and\n- (ii) educate and guide sector regulators to assist reporting entities in complying with this chapter.","sortOrder":34},{"sectionNumber":"sec.26","sectionType":"section","heading":"Meaning of reportable conduct","content":"### sec.26 Meaning of reportable conduct\n\nThe following conduct is reportable conduct —\na child sexual offence;\nsexual misconduct committed in relation to, or in the presence of, a child;\nill-treatment of a child;\nsignificant neglect of a child;\nphysical violence committed in relation to, or in the presence of, a child;\nbehaviour that causes significant emotional or psychological harm to a child.\nConduct mentioned in subsection (1) is reportable conduct whether or not a criminal proceeding in relation to the conduct has been commenced or concluded.\nConduct may constitute reportable conduct if it is engaged in—\nas a single act or omission; or\nas a series of acts or omissions, even if each act or omission does not, of itself, amount to reportable conduct.\nHowever, reportable conduct does not include conduct that is reasonable for the discipline, management or care of a child having regard to—\nthe characteristics of the child, including the age, developmental stage and health of the child; and\nany code of conduct or professional standard applying to the conduct.\nIn this section—\nchild sexual offence means the following—\na child sexual offence under the Criminal Code , section 207A ;\nan offence of a sexual nature committed in the presence of a child;\nan act or omission committed outside Queensland that would be an offence mentioned in paragraph (a) or (b) if it were committed in Queensland.\nemotional or psychological harm , to a child, means detriment to the emotional or psychological wellbeing or development of a child.\nill-treatment , of a child, means conduct towards the child that is unreasonable and seriously inappropriate, improper, inhumane or cruel.\nmaking excessive or degrading demands\na pattern of hostile or degrading comments or behaviour\nusing inappropriate forms of behaviour management\nneglect , of a child, means a failure to meet the basic needs of the child that is deliberate or reckless.\nphysical violence —\nmeans—\nthe intentional or reckless application of physical force to a person without lawful justification or excuse; or\nan act that intentionally or recklessly causes a person to anticipate immediate and unlawful violence to the person; but\ndoes not include the application of trivial, negligible or insignificant physical force to a person.\nsexual misconduct , committed in relation to, or in the presence of, a child means conduct that is sexual in nature, other than conduct that constitutes a child sexual offence.\ninappropriate touching\nvoyeurism\nuse of sexual language without a legitimate reason\n(sec.26-ssec.1) The following conduct is reportable conduct — a child sexual offence; sexual misconduct committed in relation to, or in the presence of, a child; ill-treatment of a child; significant neglect of a child; physical violence committed in relation to, or in the presence of, a child; behaviour that causes significant emotional or psychological harm to a child.\n(sec.26-ssec.2) Conduct mentioned in subsection (1) is reportable conduct whether or not a criminal proceeding in relation to the conduct has been commenced or concluded.\n(sec.26-ssec.3) Conduct may constitute reportable conduct if it is engaged in— as a single act or omission; or as a series of acts or omissions, even if each act or omission does not, of itself, amount to reportable conduct.\n(sec.26-ssec.4) However, reportable conduct does not include conduct that is reasonable for the discipline, management or care of a child having regard to— the characteristics of the child, including the age, developmental stage and health of the child; and any code of conduct or professional standard applying to the conduct.\n(sec.26-ssec.5) In this section— child sexual offence means the following— a child sexual offence under the Criminal Code , section 207A ; an offence of a sexual nature committed in the presence of a child; an act or omission committed outside Queensland that would be an offence mentioned in paragraph (a) or (b) if it were committed in Queensland. emotional or psychological harm , to a child, means detriment to the emotional or psychological wellbeing or development of a child. ill-treatment , of a child, means conduct towards the child that is unreasonable and seriously inappropriate, improper, inhumane or cruel. making excessive or degrading demands a pattern of hostile or degrading comments or behaviour using inappropriate forms of behaviour management neglect , of a child, means a failure to meet the basic needs of the child that is deliberate or reckless. physical violence — means— the intentional or reckless application of physical force to a person without lawful justification or excuse; or an act that intentionally or recklessly causes a person to anticipate immediate and unlawful violence to the person; but does not include the application of trivial, negligible or insignificant physical force to a person. sexual misconduct , committed in relation to, or in the presence of, a child means conduct that is sexual in nature, other than conduct that constitutes a child sexual offence. inappropriate touching voyeurism use of sexual language without a legitimate reason\n- (a) a child sexual offence;\n- (b) sexual misconduct committed in relation to, or in the presence of, a child;\n- (c) ill-treatment of a child;\n- (d) significant neglect of a child;\n- (e) physical violence committed in relation to, or in the presence of, a child;\n- (f) behaviour that causes significant emotional or psychological harm to a child.\n- (a) as a single act or omission; or\n- (b) as a series of acts or omissions, even if each act or omission does not, of itself, amount to reportable conduct.\n- (a) the characteristics of the child, including the age, developmental stage and health of the child; and\n- (b) any code of conduct or professional standard applying to the conduct.\n- (a) a child sexual offence under the Criminal Code , section 207A ;\n- (b) an offence of a sexual nature committed in the presence of a child;\n- (c) an act or omission committed outside Queensland that would be an offence mentioned in paragraph (a) or (b) if it were committed in Queensland.\n- • making excessive or degrading demands\n- • a pattern of hostile or degrading comments or behaviour\n- • using inappropriate forms of behaviour management\n- (a) means— (i) the intentional or reckless application of physical force to a person without lawful justification or excuse; or (ii) an act that intentionally or recklessly causes a person to anticipate immediate and unlawful violence to the person; but\n- (i) the intentional or reckless application of physical force to a person without lawful justification or excuse; or\n- (ii) an act that intentionally or recklessly causes a person to anticipate immediate and unlawful violence to the person; but\n- (b) does not include the application of trivial, negligible or insignificant physical force to a person.\n- (i) the intentional or reckless application of physical force to a person without lawful justification or excuse; or\n- (ii) an act that intentionally or recklessly causes a person to anticipate immediate and unlawful violence to the person; but\n- • inappropriate touching\n- • voyeurism\n- • use of sexual language without a legitimate reason","sortOrder":35},{"sectionNumber":"sec.27","sectionType":"section","heading":"Meaning of reportable allegation","content":"### sec.27 Meaning of reportable allegation\n\nA reportable allegation is an allegation or other information that leads a person to form a reasonable belief that a worker of a reporting entity has committed—\nreportable conduct; or\nmisconduct that may involve reportable conduct.\nFor subsection (1) , it is irrelevant whether or not the conduct or misconduct is alleged to have occurred in the course of the worker performing work for the reporting entity.\n(sec.27-ssec.1) A reportable allegation is an allegation or other information that leads a person to form a reasonable belief that a worker of a reporting entity has committed— reportable conduct; or misconduct that may involve reportable conduct.\n(sec.27-ssec.2) For subsection (1) , it is irrelevant whether or not the conduct or misconduct is alleged to have occurred in the course of the worker performing work for the reporting entity.\n- (a) reportable conduct; or\n- (b) misconduct that may involve reportable conduct.","sortOrder":36},{"sectionNumber":"sec.28","sectionType":"section","heading":"Meaning of reportable conviction","content":"### sec.28 Meaning of reportable conviction\n\nA reportable conviction , of a worker of a reporting entity, is a conviction for an offence committed by the worker against a law of a State or the Commonwealth that may involve reportable conduct.\nFor subsection (1) , a conviction includes the following—\na finding of guilt, and the acceptance of a plea of guilty, by a court, whether or not a conviction is recorded;\na spent conviction, or a conviction that has become spent under a law of another State or the Commonwealth.\n(sec.28-ssec.1) A reportable conviction , of a worker of a reporting entity, is a conviction for an offence committed by the worker against a law of a State or the Commonwealth that may involve reportable conduct.\n(sec.28-ssec.2) For subsection (1) , a conviction includes the following— a finding of guilt, and the acceptance of a plea of guilty, by a court, whether or not a conviction is recorded; a spent conviction, or a conviction that has become spent under a law of another State or the Commonwealth.\n- (a) a finding of guilt, and the acceptance of a plea of guilty, by a court, whether or not a conviction is recorded;\n- (b) a spent conviction, or a conviction that has become spent under a law of another State or the Commonwealth.","sortOrder":37},{"sectionNumber":"sec.29","sectionType":"section","heading":"Meaning of reporting entity","content":"### sec.29 Meaning of reporting entity\n\nA reporting entity is an entity—\nthat cares for, supervises or exercises authority over children, whether as a primary function or otherwise; and\nthat is either—\nmentioned in schedule 2 ; or\nprescribed by regulation.\n- (a) that cares for, supervises or exercises authority over children, whether as a primary function or otherwise; and\n- (b) that is either— (i) mentioned in schedule 2 ; or (ii) prescribed by regulation.\n- (i) mentioned in schedule 2 ; or\n- (ii) prescribed by regulation.\n- (i) mentioned in schedule 2 ; or\n- (ii) prescribed by regulation.","sortOrder":38},{"sectionNumber":"ch.3-pt.2","sectionType":"part","heading":"Requirement for systems","content":"# Requirement for systems","sortOrder":39},{"sectionNumber":"sec.30","sectionType":"section","heading":"Head of reporting entity must ensure systems in place","content":"### sec.30 Head of reporting entity must ensure systems in place\n\nThe head of a reporting entity must ensure the entity has in place—\na system for preventing the commission of reportable conduct by a worker of the entity in the course of performing work for the entity; and\na system for enabling any person, including a worker of the entity, to notify the head of the entity of a reportable allegation or reportable conviction relating to a worker of the entity of which the person becomes aware; and\na system for enabling any person, including a worker of the entity, to notify the commission of a reportable allegation or reportable conviction involving the head of the entity of which the person becomes aware; and\na system for investigating and responding to a reportable allegation or reportable conviction relating to a worker of the entity.\nFor subsection (1) , a system for a matter may include, for example, a policy, practice or procedure about the matter.\n(sec.30-ssec.1) The head of a reporting entity must ensure the entity has in place— a system for preventing the commission of reportable conduct by a worker of the entity in the course of performing work for the entity; and a system for enabling any person, including a worker of the entity, to notify the head of the entity of a reportable allegation or reportable conviction relating to a worker of the entity of which the person becomes aware; and a system for enabling any person, including a worker of the entity, to notify the commission of a reportable allegation or reportable conviction involving the head of the entity of which the person becomes aware; and a system for investigating and responding to a reportable allegation or reportable conviction relating to a worker of the entity.\n(sec.30-ssec.2) For subsection (1) , a system for a matter may include, for example, a policy, practice or procedure about the matter.\n- (a) a system for preventing the commission of reportable conduct by a worker of the entity in the course of performing work for the entity; and\n- (b) a system for enabling any person, including a worker of the entity, to notify the head of the entity of a reportable allegation or reportable conviction relating to a worker of the entity of which the person becomes aware; and\n- (c) a system for enabling any person, including a worker of the entity, to notify the commission of a reportable allegation or reportable conviction involving the head of the entity of which the person becomes aware; and\n- (d) a system for investigating and responding to a reportable allegation or reportable conviction relating to a worker of the entity.","sortOrder":40},{"sectionNumber":"sec.31","sectionType":"section","heading":"Commission may require information about systems","content":"### sec.31 Commission may require information about systems\n\nThe commission may ask the head of a reporting entity for information about a system the head of the entity is required to keep under section 30 .\nAn authorised officer may require a relevant person to give information mentioned in this section. See section 91 .\nThe commission may—\nconsult with a sector regulator for the reporting entity about the information provided by the entity; and\nmake recommendations for action to be taken by the head of the reporting entity in relation to the system, and provide any necessary information relating to the recommendations.\n(sec.31-ssec.1) The commission may ask the head of a reporting entity for information about a system the head of the entity is required to keep under section 30 . An authorised officer may require a relevant person to give information mentioned in this section. See section 91 .\n(sec.31-ssec.2) The commission may— consult with a sector regulator for the reporting entity about the information provided by the entity; and make recommendations for action to be taken by the head of the reporting entity in relation to the system, and provide any necessary information relating to the recommendations.\n- (a) consult with a sector regulator for the reporting entity about the information provided by the entity; and\n- (b) make recommendations for action to be taken by the head of the reporting entity in relation to the system, and provide any necessary information relating to the recommendations.","sortOrder":41},{"sectionNumber":"ch.3-pt.3","sectionType":"part","heading":"Requirements for notifying and investigating reportable allegations and reportable convictions","content":"# Requirements for notifying and investigating reportable allegations and reportable convictions","sortOrder":42},{"sectionNumber":"ch.3-pt.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":43},{"sectionNumber":"sec.32","sectionType":"section","heading":"Meaning of worker for part","content":"### sec.32 Meaning of worker for part\n\nIn this part, worker of an entity includes a former worker of the entity, if—\nfor a reportable allegation—the alleged conduct the subject of the allegation was engaged in during the period when the worker was performing work for the entity; or\nfor a reportable conviction—the worker was convicted during a period when the worker was performing work for the entity.\n- (a) for a reportable allegation—the alleged conduct the subject of the allegation was engaged in during the period when the worker was performing work for the entity; or\n- (b) for a reportable conviction—the worker was convicted during a period when the worker was performing work for the entity.","sortOrder":44},{"sectionNumber":"ch.3-pt.3-div.2","sectionType":"division","heading":"Notification","content":"## Notification","sortOrder":45},{"sectionNumber":"sec.33","sectionType":"section","heading":"Notifying reportable allegations or reportable convictions","content":"### sec.33 Notifying reportable allegations or reportable convictions\n\nThis section applies if a person becomes aware of either of the following—\na reportable allegation about a worker of a reporting entity;\na reportable conviction of a worker of a reporting entity.\nIf the person (the notifier ) who becomes aware of the allegation or conviction mentioned in subsection (1) is also a worker of the reporting entity, the notifier must, as soon as practicable—\nreport the matter to the head of the reporting entity; or\nif the matter relates to the head of the reporting entity—report the matter to the commission.\nHowever, subsection (2) does not apply to the notifier if the notifier reasonably believes the matter has already been reported by another person under that subsection.\nAny person, including a notifier mentioned in subsection (2) , may notify the commission of a reportable allegation or reportable conviction about a person at any time.\nTo remove any doubt, it is declared that a person does not commit an offence against this or another Act only because the person fails to comply with subsection (2) .\n(sec.33-ssec.1) This section applies if a person becomes aware of either of the following— a reportable allegation about a worker of a reporting entity; a reportable conviction of a worker of a reporting entity.\n(sec.33-ssec.2) If the person (the notifier ) who becomes aware of the allegation or conviction mentioned in subsection (1) is also a worker of the reporting entity, the notifier must, as soon as practicable— report the matter to the head of the reporting entity; or if the matter relates to the head of the reporting entity—report the matter to the commission.\n(sec.33-ssec.3) However, subsection (2) does not apply to the notifier if the notifier reasonably believes the matter has already been reported by another person under that subsection.\n(sec.33-ssec.4) Any person, including a notifier mentioned in subsection (2) , may notify the commission of a reportable allegation or reportable conviction about a person at any time.\n(sec.33-ssec.5) To remove any doubt, it is declared that a person does not commit an offence against this or another Act only because the person fails to comply with subsection (2) .\n- (a) a reportable allegation about a worker of a reporting entity;\n- (b) a reportable conviction of a worker of a reporting entity.\n- (a) report the matter to the head of the reporting entity; or\n- (b) if the matter relates to the head of the reporting entity—report the matter to the commission.","sortOrder":46},{"sectionNumber":"sec.34","sectionType":"section","heading":"Head of reporting entity must notify commission of reportable allegation or reportable conviction relating to worker","content":"### sec.34 Head of reporting entity must notify commission of reportable allegation or reportable conviction relating to worker\n\nThis section applies if the head of a reporting entity becomes aware of either of the following—\na reportable allegation about a worker of the entity;\na reportable conviction of a worker of the entity.\nUnless the head of the reporting entity has a reasonable excuse, the head of the entity must give the commission written notice about the allegation or conviction mentioned in subsection (1) that complies with section 35 (1) (an initial report ), within—\n3 business days after the head of the entity becomes aware of the allegation or conviction; or\nif the commission agrees to a longer period—the longer period.\nMaximum penalty—100 penalty units.\nAlso, unless the head of the reporting entity has a reasonable excuse, the head of the entity must give the commission either a written report that complies with section 35 (2) (an interim report ) or final report about the allegation or conviction mentioned in subsection (1) , within—\n30 business days after the head of the entity becomes aware of the allegation or conviction; or\nif the commission agrees to a longer period—the longer period.\nMaximum penalty—100 penalty units.\nIt is a reasonable excuse for the head of the reporting entity not to comply with a requirement under subsection (2) or (3) if the head of the entity reasonably believes another person has notified the commission of the reportable allegation or reportable conviction under the subsection.\n(sec.34-ssec.1) This section applies if the head of a reporting entity becomes aware of either of the following— a reportable allegation about a worker of the entity; a reportable conviction of a worker of the entity.\n(sec.34-ssec.2) Unless the head of the reporting entity has a reasonable excuse, the head of the entity must give the commission written notice about the allegation or conviction mentioned in subsection (1) that complies with section 35 (1) (an initial report ), within— 3 business days after the head of the entity becomes aware of the allegation or conviction; or if the commission agrees to a longer period—the longer period. Maximum penalty—100 penalty units.\n(sec.34-ssec.3) Also, unless the head of the reporting entity has a reasonable excuse, the head of the entity must give the commission either a written report that complies with section 35 (2) (an interim report ) or final report about the allegation or conviction mentioned in subsection (1) , within— 30 business days after the head of the entity becomes aware of the allegation or conviction; or if the commission agrees to a longer period—the longer period. Maximum penalty—100 penalty units.\n(sec.34-ssec.4) It is a reasonable excuse for the head of the reporting entity not to comply with a requirement under subsection (2) or (3) if the head of the entity reasonably believes another person has notified the commission of the reportable allegation or reportable conviction under the subsection.\n- (a) a reportable allegation about a worker of the entity;\n- (b) a reportable conviction of a worker of the entity.\n- (a) 3 business days after the head of the entity becomes aware of the allegation or conviction; or\n- (b) if the commission agrees to a longer period—the longer period.\n- (a) 30 business days after the head of the entity becomes aware of the allegation or conviction; or\n- (b) if the commission agrees to a longer period—the longer period.","sortOrder":47},{"sectionNumber":"sec.35","sectionType":"section","heading":"Requirements for initial report and interim report","content":"### sec.35 Requirements for initial report and interim report\n\nAn initial report must include the following information—\ndetails of the reportable allegation or reportable conviction;\nthe name, including any former name or alias, of the worker the subject of the reportable allegation or reportable conviction;\nthe date of birth of the worker, if known;\nthe name of the head of the reporting entity;\nwhether the sector regulator for the reporting entity or the police service has been contacted about the reportable allegation or reportable conviction;\nthe reporting entity’s contact details, including its name, address and telephone number;\nif the worker currently performs work for the reporting entity—any action, including risk management action, taken in response to the reportable allegation or reportable conviction, including, for example—\nimmediate steps taken to prevent the worker from having contact with children; and\nany disciplinary action taken or proposed to be taken against the worker;\nany other matter prescribed by regulation.\nAn interim report by the head of a reporting entity must include the following information—\nthe facts and circumstances of the reportable allegation or the reportable conviction, to the extent it is available to the head of the reporting entity;\nan update on any action, including risk management action, taken in response to the reportable allegation or reportable conviction; and\nif the worker has made written submissions to the head of the reporting entity in relation to the reportable allegation or reportable conviction—a copy of the worker’s written submissions.\n(sec.35-ssec.1) An initial report must include the following information— details of the reportable allegation or reportable conviction; the name, including any former name or alias, of the worker the subject of the reportable allegation or reportable conviction; the date of birth of the worker, if known; the name of the head of the reporting entity; whether the sector regulator for the reporting entity or the police service has been contacted about the reportable allegation or reportable conviction; the reporting entity’s contact details, including its name, address and telephone number; if the worker currently performs work for the reporting entity—any action, including risk management action, taken in response to the reportable allegation or reportable conviction, including, for example— immediate steps taken to prevent the worker from having contact with children; and any disciplinary action taken or proposed to be taken against the worker; any other matter prescribed by regulation.\n(sec.35-ssec.2) An interim report by the head of a reporting entity must include the following information— the facts and circumstances of the reportable allegation or the reportable conviction, to the extent it is available to the head of the reporting entity; an update on any action, including risk management action, taken in response to the reportable allegation or reportable conviction; and if the worker has made written submissions to the head of the reporting entity in relation to the reportable allegation or reportable conviction—a copy of the worker’s written submissions.\n- (a) details of the reportable allegation or reportable conviction;\n- (b) the name, including any former name or alias, of the worker the subject of the reportable allegation or reportable conviction;\n- (c) the date of birth of the worker, if known;\n- (d) the name of the head of the reporting entity;\n- (e) whether the sector regulator for the reporting entity or the police service has been contacted about the reportable allegation or reportable conviction;\n- (f) the reporting entity’s contact details, including its name, address and telephone number;\n- (g) if the worker currently performs work for the reporting entity—any action, including risk management action, taken in response to the reportable allegation or reportable conviction, including, for example— (i) immediate steps taken to prevent the worker from having contact with children; and (ii) any disciplinary action taken or proposed to be taken against the worker;\n- (i) immediate steps taken to prevent the worker from having contact with children; and\n- (ii) any disciplinary action taken or proposed to be taken against the worker;\n- (h) any other matter prescribed by regulation.\n- (i) immediate steps taken to prevent the worker from having contact with children; and\n- (ii) any disciplinary action taken or proposed to be taken against the worker;\n- (a) the facts and circumstances of the reportable allegation or the reportable conviction, to the extent it is available to the head of the reporting entity;\n- (b) an update on any action, including risk management action, taken in response to the reportable allegation or reportable conviction; and\n- (c) if the worker has made written submissions to the head of the reporting entity in relation to the reportable allegation or reportable conviction—a copy of the worker’s written submissions.","sortOrder":48},{"sectionNumber":"ch.3-pt.3-div.3","sectionType":"division","heading":"Investigation and report by head of reporting entity","content":"## Investigation and report by head of reporting entity","sortOrder":49},{"sectionNumber":"sec.36","sectionType":"section","heading":"Head of reporting entity must investigate reportable allegation or reportable conviction","content":"### sec.36 Head of reporting entity must investigate reportable allegation or reportable conviction\n\nAs soon as practicable after the head of a reporting entity becomes aware of a reportable allegation or reportable conviction relating to a worker of the entity, the head of the entity must—\nensure an investigation of the reportable allegation or reportable conviction is conducted; and\nnotify the commission that the investigation is being conducted and provide contact details for a person the commission may contact in relation to the investigation.\nHowever, if the head of the reporting entity is not reasonably able to investigate the reportable allegation or reportable conviction, the head of the entity—\nneed not comply with subsection (1) ; and\nmust, as soon as practicable after the head of the entity becomes aware of the allegation or conviction—\nnotify the commission of the allegation or conviction; and\ngive the commission reasons why the head of the entity can not reasonably investigate.\nBefore an investigation under subsection (1) ends, the head of the reporting entity must ensure the worker the subject of the reportable allegation or reportable conviction is given a written notice stating—\nany proposed findings for the investigation that may be adverse to the worker; and\nthat the worker may, within a reasonable stated period, give written submissions to the person conducting the investigation about the proposed findings.\nThe head of the reporting entity must ensure the worker’s submissions are considered in preparing a report under section 37 .\n(sec.36-ssec.1) As soon as practicable after the head of a reporting entity becomes aware of a reportable allegation or reportable conviction relating to a worker of the entity, the head of the entity must— ensure an investigation of the reportable allegation or reportable conviction is conducted; and notify the commission that the investigation is being conducted and provide contact details for a person the commission may contact in relation to the investigation.\n(sec.36-ssec.2) However, if the head of the reporting entity is not reasonably able to investigate the reportable allegation or reportable conviction, the head of the entity— need not comply with subsection (1) ; and must, as soon as practicable after the head of the entity becomes aware of the allegation or conviction— notify the commission of the allegation or conviction; and give the commission reasons why the head of the entity can not reasonably investigate.\n(sec.36-ssec.3) Before an investigation under subsection (1) ends, the head of the reporting entity must ensure the worker the subject of the reportable allegation or reportable conviction is given a written notice stating— any proposed findings for the investigation that may be adverse to the worker; and that the worker may, within a reasonable stated period, give written submissions to the person conducting the investigation about the proposed findings.\n(sec.36-ssec.4) The head of the reporting entity must ensure the worker’s submissions are considered in preparing a report under section 37 .\n- (a) ensure an investigation of the reportable allegation or reportable conviction is conducted; and\n- (b) notify the commission that the investigation is being conducted and provide contact details for a person the commission may contact in relation to the investigation.\n- (a) need not comply with subsection (1) ; and\n- (b) must, as soon as practicable after the head of the entity becomes aware of the allegation or conviction— (i) notify the commission of the allegation or conviction; and (ii) give the commission reasons why the head of the entity can not reasonably investigate.\n- (i) notify the commission of the allegation or conviction; and\n- (ii) give the commission reasons why the head of the entity can not reasonably investigate.\n- (i) notify the commission of the allegation or conviction; and\n- (ii) give the commission reasons why the head of the entity can not reasonably investigate.\n- (a) any proposed findings for the investigation that may be adverse to the worker; and\n- (b) that the worker may, within a reasonable stated period, give written submissions to the person conducting the investigation about the proposed findings.","sortOrder":50},{"sectionNumber":"sec.37","sectionType":"section","heading":"Report by head of reporting entity","content":"### sec.37 Report by head of reporting entity\n\nAs soon as practicable after the investigation is completed, the head of the reporting entity must prepare, and give to the commission, a written report that complies with subsection (2) (a final report ).\nMaximum penalty—100 penalty units.\nThe report must include—\ninformation about the facts and circumstances of the reportable allegation or reportable conviction; and\nthe findings the head of the reporting entity has made about the reportable allegation or reportable conviction after completing the investigation, including whether or not the worker has engaged in reportable conduct; and\nthe reasons for the findings; and\ncopies of documents relied on by the head of the reporting entity in making the findings; and\nstatements taken during the investigation\ndocuments mentioned in the report\nsubmissions made by the worker\nif the matter involves any other entities—information about whether the matter has been referred to another entity, including details of the other entity; and\nif the worker currently performs work for the entity—any action, including risk management action, taken in response to the reportable allegation or reportable conviction, including, for example—\nany immediate steps taken to prevent the worker from having contact with children; and\nany disciplinary action taken or proposed to be taken against the worker; and\nany action taken, or proposed to be taken, to improve the reporting entity’s ability to identify reportable conduct and to report and investigate reportable allegations and reportable convictions; and\nreviewing systems or policies\nimproving the implementation of, and compliance with, the child safe standards and universal principle\nif no action mentioned in paragraph (f) or (g) is to be taken—the reasons why no action is to be taken.\nHowever, subsection (1) does not apply if, before the head of the reporting entity complies with this section—\na sector regulator agrees to conduct an investigation of the reportable allegation or reportable conviction under section 42 and the sector regulator has given a written notice asking the entity to end the investigation under that section; or\nthe commission gives a written notice of the commission’s investigation of the reportable allegation or reportable conviction under section 43 (2) (c) asking the head of the entity to end the investigation.\n(sec.37-ssec.1) As soon as practicable after the investigation is completed, the head of the reporting entity must prepare, and give to the commission, a written report that complies with subsection (2) (a final report ). Maximum penalty—100 penalty units.\n(sec.37-ssec.2) The report must include— information about the facts and circumstances of the reportable allegation or reportable conviction; and the findings the head of the reporting entity has made about the reportable allegation or reportable conviction after completing the investigation, including whether or not the worker has engaged in reportable conduct; and the reasons for the findings; and copies of documents relied on by the head of the reporting entity in making the findings; and statements taken during the investigation documents mentioned in the report submissions made by the worker if the matter involves any other entities—information about whether the matter has been referred to another entity, including details of the other entity; and if the worker currently performs work for the entity—any action, including risk management action, taken in response to the reportable allegation or reportable conviction, including, for example— any immediate steps taken to prevent the worker from having contact with children; and any disciplinary action taken or proposed to be taken against the worker; and any action taken, or proposed to be taken, to improve the reporting entity’s ability to identify reportable conduct and to report and investigate reportable allegations and reportable convictions; and reviewing systems or policies improving the implementation of, and compliance with, the child safe standards and universal principle if no action mentioned in paragraph (f) or (g) is to be taken—the reasons why no action is to be taken.\n(sec.37-ssec.3) However, subsection (1) does not apply if, before the head of the reporting entity complies with this section— a sector regulator agrees to conduct an investigation of the reportable allegation or reportable conviction under section 42 and the sector regulator has given a written notice asking the entity to end the investigation under that section; or the commission gives a written notice of the commission’s investigation of the reportable allegation or reportable conviction under section 43 (2) (c) asking the head of the entity to end the investigation.\n- (a) information about the facts and circumstances of the reportable allegation or reportable conviction; and\n- (b) the findings the head of the reporting entity has made about the reportable allegation or reportable conviction after completing the investigation, including whether or not the worker has engaged in reportable conduct; and\n- (c) the reasons for the findings; and\n- (d) copies of documents relied on by the head of the reporting entity in making the findings; and Examples of documents— • statements taken during the investigation • documents mentioned in the report • submissions made by the worker\n- • statements taken during the investigation\n- • documents mentioned in the report\n- • submissions made by the worker\n- (e) if the matter involves any other entities—information about whether the matter has been referred to another entity, including details of the other entity; and\n- (f) if the worker currently performs work for the entity—any action, including risk management action, taken in response to the reportable allegation or reportable conviction, including, for example— (i) any immediate steps taken to prevent the worker from having contact with children; and (ii) any disciplinary action taken or proposed to be taken against the worker; and\n- (i) any immediate steps taken to prevent the worker from having contact with children; and\n- (ii) any disciplinary action taken or proposed to be taken against the worker; and\n- (g) any action taken, or proposed to be taken, to improve the reporting entity’s ability to identify reportable conduct and to report and investigate reportable allegations and reportable convictions; and Examples of actions— • reviewing systems or policies • improving the implementation of, and compliance with, the child safe standards and universal principle\n- • reviewing systems or policies\n- • improving the implementation of, and compliance with, the child safe standards and universal principle\n- (h) if no action mentioned in paragraph (f) or (g) is to be taken—the reasons why no action is to be taken.\n- • statements taken during the investigation\n- • documents mentioned in the report\n- • submissions made by the worker\n- (i) any immediate steps taken to prevent the worker from having contact with children; and\n- (ii) any disciplinary action taken or proposed to be taken against the worker; and\n- • reviewing systems or policies\n- • improving the implementation of, and compliance with, the child safe standards and universal principle\n- (a) a sector regulator agrees to conduct an investigation of the reportable allegation or reportable conviction under section 42 and the sector regulator has given a written notice asking the entity to end the investigation under that section; or\n- (b) the commission gives a written notice of the commission’s investigation of the reportable allegation or reportable conviction under section 43 (2) (c) asking the head of the entity to end the investigation.","sortOrder":51},{"sectionNumber":"sec.38","sectionType":"section","heading":"Commission may ask for further information","content":"### sec.38 Commission may ask for further information\n\nAfter receiving the final report, the commission may ask the head of the reporting entity to provide further information the commission considers relevant in relation to—\nthe findings of the head of the entity in relation to the reportable allegation or reportable conviction; or\nthe reporting entity’s response to the findings.\nAn authorised officer may require a relevant person to give information mentioned in this section. See section 91 .\n- (a) the findings of the head of the entity in relation to the reportable allegation or reportable conviction; or\n- (b) the reporting entity’s response to the findings.","sortOrder":52},{"sectionNumber":"ch.3-pt.3-div.4","sectionType":"division","heading":"Exemptions","content":"## Exemptions","sortOrder":53},{"sectionNumber":"sec.39","sectionType":"section","heading":"Commission may exempt reporting entities from complying with part","content":"### sec.39 Commission may exempt reporting entities from complying with part\n\nThis section applies in relation to a reporting entity if the commission is satisfied—\nthe entity has the competence and resources to investigate a reportable allegation or reportable conviction without the oversight of the commission; and\nthe entity has demonstrated competence in taking appropriate action in response to a finding of reportable conduct.\nThe commission may exempt the reporting entity from complying with section 34 , 35 or 37 , or a particular requirement under section 33 or 36 , in relation to the conduct, or a class of conduct, of workers.\nIf the commission exempts a reporting entity under subsection (2) , the commission must—\nnotify the entity of the exemption; and\npublish the exemption on the commission’s website.\nSubsection (5) applies if the commission exempts a reporting entity from the requirement to give a final report about an investigation of conduct, or a class of conduct, the subject of a reportable allegation or reportable conviction.\nThe head of the reporting entity must, as soon as practicable after the completion of an investigation into the conduct, or conduct of that class, give the commission written notice stating—\nthe findings of the head of the entity in relation to the reportable allegation or reportable conviction; and\nthe reasons for the findings; and\nthe action taken by the entity in relation to the findings.\nA regulation may prescribe a matter for the giving of an exemption by the commission under this section, including, for example, the following—\na requirement for the giving of an exemption under subsection (2) ;\na limitation on the reporting entities that may be given an exemption.\n(sec.39-ssec.1) This section applies in relation to a reporting entity if the commission is satisfied— the entity has the competence and resources to investigate a reportable allegation or reportable conviction without the oversight of the commission; and the entity has demonstrated competence in taking appropriate action in response to a finding of reportable conduct.\n(sec.39-ssec.2) The commission may exempt the reporting entity from complying with section 34 , 35 or 37 , or a particular requirement under section 33 or 36 , in relation to the conduct, or a class of conduct, of workers.\n(sec.39-ssec.3) If the commission exempts a reporting entity under subsection (2) , the commission must— notify the entity of the exemption; and publish the exemption on the commission’s website.\n(sec.39-ssec.4) Subsection (5) applies if the commission exempts a reporting entity from the requirement to give a final report about an investigation of conduct, or a class of conduct, the subject of a reportable allegation or reportable conviction.\n(sec.39-ssec.5) The head of the reporting entity must, as soon as practicable after the completion of an investigation into the conduct, or conduct of that class, give the commission written notice stating— the findings of the head of the entity in relation to the reportable allegation or reportable conviction; and the reasons for the findings; and the action taken by the entity in relation to the findings.\n(sec.39-ssec.6) A regulation may prescribe a matter for the giving of an exemption by the commission under this section, including, for example, the following— a requirement for the giving of an exemption under subsection (2) ; a limitation on the reporting entities that may be given an exemption.\n- (a) the entity has the competence and resources to investigate a reportable allegation or reportable conviction without the oversight of the commission; and\n- (b) the entity has demonstrated competence in taking appropriate action in response to a finding of reportable conduct.\n- (a) notify the entity of the exemption; and\n- (b) publish the exemption on the commission’s website.\n- (a) the findings of the head of the entity in relation to the reportable allegation or reportable conviction; and\n- (b) the reasons for the findings; and\n- (c) the action taken by the entity in relation to the findings.\n- (a) a requirement for the giving of an exemption under subsection (2) ;\n- (b) a limitation on the reporting entities that may be given an exemption.","sortOrder":54},{"sectionNumber":"ch.3-pt.4","sectionType":"part","heading":"Oversight by Queensland Family and Child Commission","content":"# Oversight by Queensland Family and Child Commission","sortOrder":55},{"sectionNumber":"ch.3-pt.4-div.1","sectionType":"division","heading":"Functions","content":"## Functions","sortOrder":56},{"sectionNumber":"sec.40","sectionType":"section","heading":"Functions of commission","content":"### sec.40 Functions of commission\n\nThe commission’s functions for this chapter are—\nto administer, monitor and enforce compliance with the reportable conduct scheme; and\nto facilitate the appropriate exchange of information under chapter 4 ; and\nto educate and provide advice to the public, sector regulators and reporting entities in relation to the reportable conduct scheme and ways to prevent reportable conduct; and\nto facilitate cooperation between the public, reporting entities, sector regulators and other entities in relation to the conduct of investigations of reportable allegations and reportable convictions; and\nto report to the Minister about matters relating to the reportable conduct scheme.\n- (a) to administer, monitor and enforce compliance with the reportable conduct scheme; and\n- (b) to facilitate the appropriate exchange of information under chapter 4 ; and\n- (c) to educate and provide advice to the public, sector regulators and reporting entities in relation to the reportable conduct scheme and ways to prevent reportable conduct; and\n- (d) to facilitate cooperation between the public, reporting entities, sector regulators and other entities in relation to the conduct of investigations of reportable allegations and reportable convictions; and\n- (e) to report to the Minister about matters relating to the reportable conduct scheme.","sortOrder":57},{"sectionNumber":"ch.3-pt.4-div.2","sectionType":"division","heading":"Enforcement measures","content":"## Enforcement measures","sortOrder":58},{"sectionNumber":"sec.41","sectionType":"section","heading":"Commission may monitor reporting entity’s investigation","content":"### sec.41 Commission may monitor reporting entity’s investigation\n\nIf the commission considers it is in the public interest, the commission may monitor the progress of an investigation of a reportable allegation or reportable conviction conducted by the head of a reporting entity.\nWithout limiting subsection (1) , the commission may, for example, do the following to monitor an investigation—\nobserve an interview conducted by or on behalf of the head of the reporting entity;\nconfer with a person carrying out the investigation about the nature, conduct or progress of the investigation;\nprovide guidance and advice to the head of the reporting entity about the investigation;\nrequest information relating to the investigation.\nAn authorised officer may require a relevant person to give information mentioned in paragraph (d) . See section 91 .\n(sec.41-ssec.1) If the commission considers it is in the public interest, the commission may monitor the progress of an investigation of a reportable allegation or reportable conviction conducted by the head of a reporting entity.\n(sec.41-ssec.2) Without limiting subsection (1) , the commission may, for example, do the following to monitor an investigation— observe an interview conducted by or on behalf of the head of the reporting entity; confer with a person carrying out the investigation about the nature, conduct or progress of the investigation; provide guidance and advice to the head of the reporting entity about the investigation; request information relating to the investigation. An authorised officer may require a relevant person to give information mentioned in paragraph (d) . See section 91 .\n- (a) observe an interview conducted by or on behalf of the head of the reporting entity;\n- (b) confer with a person carrying out the investigation about the nature, conduct or progress of the investigation;\n- (c) provide guidance and advice to the head of the reporting entity about the investigation;\n- (d) request information relating to the investigation. Note— An authorised officer may require a relevant person to give information mentioned in paragraph (d) . See section 91 .","sortOrder":59},{"sectionNumber":"sec.42","sectionType":"section","heading":"Commission may ask sector regulator to investigate","content":"### sec.42 Commission may ask sector regulator to investigate\n\nThe commission may ask a sector regulator for a reporting entity, other than the police service—\nto investigate a reportable allegation or reportable conviction relating to a worker of the reporting entity; and\nif the reporting entity has started an investigation of the allegation or conviction—to ask the reporting entity to end its investigation.\nHowever, the commission may make a request under subsection (1) only if the sector regulator has the necessary functions and powers in relation to the reporting entity to investigate the allegation or conviction.\nThe sector regulator may agree or refuse to conduct the investigation.\nIf the sector regulator agrees to conduct the investigation, the commission may, by written notice, ask the sector regulator to give the commission information relating to—\nthe investigation being conducted; or\nthe person the subject of the investigation.\nAn authorised officer may require a relevant person to give information mentioned in this section. See section 91 .\nAs soon as practicable after an investigation by the sector regulator ends, the sector regulator must give the following persons written notice about the findings of the investigation—\nthe commission;\nthe head of the reporting entity.\nThe written notice must state the following for the investigation—\nthe sector regulator’s findings, including whether or not reportable conduct has been engaged in by the worker;\nthe reasons for the findings;\nany recommendations the sector regulator thinks fit, and any necessary information relevant to the recommendations.\n(sec.42-ssec.1) The commission may ask a sector regulator for a reporting entity, other than the police service— to investigate a reportable allegation or reportable conviction relating to a worker of the reporting entity; and if the reporting entity has started an investigation of the allegation or conviction—to ask the reporting entity to end its investigation.\n(sec.42-ssec.2) However, the commission may make a request under subsection (1) only if the sector regulator has the necessary functions and powers in relation to the reporting entity to investigate the allegation or conviction.\n(sec.42-ssec.3) The sector regulator may agree or refuse to conduct the investigation.\n(sec.42-ssec.4) If the sector regulator agrees to conduct the investigation, the commission may, by written notice, ask the sector regulator to give the commission information relating to— the investigation being conducted; or the person the subject of the investigation. An authorised officer may require a relevant person to give information mentioned in this section. See section 91 .\n(sec.42-ssec.5) As soon as practicable after an investigation by the sector regulator ends, the sector regulator must give the following persons written notice about the findings of the investigation— the commission; the head of the reporting entity.\n(sec.42-ssec.6) The written notice must state the following for the investigation— the sector regulator’s findings, including whether or not reportable conduct has been engaged in by the worker; the reasons for the findings; any recommendations the sector regulator thinks fit, and any necessary information relevant to the recommendations.\n- (a) to investigate a reportable allegation or reportable conviction relating to a worker of the reporting entity; and\n- (b) if the reporting entity has started an investigation of the allegation or conviction—to ask the reporting entity to end its investigation.\n- (a) the investigation being conducted; or\n- (b) the person the subject of the investigation.\n- (a) the commission;\n- (b) the head of the reporting entity.\n- (a) the sector regulator’s findings, including whether or not reportable conduct has been engaged in by the worker;\n- (b) the reasons for the findings;\n- (c) any recommendations the sector regulator thinks fit, and any necessary information relevant to the recommendations.","sortOrder":60},{"sectionNumber":"ch.3-pt.4-div.3","sectionType":"division","heading":"Investigations by commission","content":"## Investigations by commission","sortOrder":61},{"sectionNumber":"sec.43","sectionType":"section","heading":"Commission may investigate reportable allegation or reportable conviction","content":"### sec.43 Commission may investigate reportable allegation or reportable conviction\n\nThe commission may, on the commission’s own initiative, investigate a reportable allegation or reportable conviction if any of the following apply—\nthe commission—\nbelieves the allegation or conviction relates to a worker of a reporting entity; and\nconsiders it is in the public interest that the commission investigate the allegation or conviction;\nthe commission believes the head of the reporting entity required to investigate the allegation or conviction has failed to investigate, or is reasonably unable to investigate, under section 36 ;\nboth of the following apply—\nthe investigation relates to the head of a reporting entity’s handling or investigation of, or response to, the allegation or conviction;\nthe commission considers it is in the public interest that the commission investigate the allegation or conviction;\nthe head of a reporting entity is the subject of the allegation or conviction.\nAn authorised officer may require a relevant person to give information relevant to an investigation conducted under this section. See section 91 .\nBefore the commission starts an investigation under subsection (1) , the commission must give written notice to the head of the reporting entity stating—\nthat the commission will be investigating the allegation or conviction; and\nthe matters to be investigated; and\nwhether the commission is requesting that the head of the reporting entity not to commence, or to end, an investigation of the allegation or conviction.\nBefore the investigation ends, the commission must give the worker the subject of the allegation or conviction a written notice stating—\nany proposed findings for the investigation that may be adverse to the worker; and\nthat the worker may, within a reasonable stated period, give written submissions to the commission about the proposed findings.\nThe commission must have regard to the worker’s submissions in making its findings for the investigation.\n(sec.43-ssec.1) The commission may, on the commission’s own initiative, investigate a reportable allegation or reportable conviction if any of the following apply— the commission— believes the allegation or conviction relates to a worker of a reporting entity; and considers it is in the public interest that the commission investigate the allegation or conviction; the commission believes the head of the reporting entity required to investigate the allegation or conviction has failed to investigate, or is reasonably unable to investigate, under section 36 ; both of the following apply— the investigation relates to the head of a reporting entity’s handling or investigation of, or response to, the allegation or conviction; the commission considers it is in the public interest that the commission investigate the allegation or conviction; the head of a reporting entity is the subject of the allegation or conviction. An authorised officer may require a relevant person to give information relevant to an investigation conducted under this section. See section 91 .\n(sec.43-ssec.2) Before the commission starts an investigation under subsection (1) , the commission must give written notice to the head of the reporting entity stating— that the commission will be investigating the allegation or conviction; and the matters to be investigated; and whether the commission is requesting that the head of the reporting entity not to commence, or to end, an investigation of the allegation or conviction.\n(sec.43-ssec.3) Before the investigation ends, the commission must give the worker the subject of the allegation or conviction a written notice stating— any proposed findings for the investigation that may be adverse to the worker; and that the worker may, within a reasonable stated period, give written submissions to the commission about the proposed findings.\n(sec.43-ssec.4) The commission must have regard to the worker’s submissions in making its findings for the investigation.\n- (a) the commission— (i) believes the allegation or conviction relates to a worker of a reporting entity; and (ii) considers it is in the public interest that the commission investigate the allegation or conviction;\n- (i) believes the allegation or conviction relates to a worker of a reporting entity; and\n- (ii) considers it is in the public interest that the commission investigate the allegation or conviction;\n- (b) the commission believes the head of the reporting entity required to investigate the allegation or conviction has failed to investigate, or is reasonably unable to investigate, under section 36 ;\n- (c) both of the following apply— (i) the investigation relates to the head of a reporting entity’s handling or investigation of, or response to, the allegation or conviction; (ii) the commission considers it is in the public interest that the commission investigate the allegation or conviction;\n- (i) the investigation relates to the head of a reporting entity’s handling or investigation of, or response to, the allegation or conviction;\n- (ii) the commission considers it is in the public interest that the commission investigate the allegation or conviction;\n- (d) the head of a reporting entity is the subject of the allegation or conviction.\n- (i) believes the allegation or conviction relates to a worker of a reporting entity; and\n- (ii) considers it is in the public interest that the commission investigate the allegation or conviction;\n- (i) the investigation relates to the head of a reporting entity’s handling or investigation of, or response to, the allegation or conviction;\n- (ii) the commission considers it is in the public interest that the commission investigate the allegation or conviction;\n- (a) that the commission will be investigating the allegation or conviction; and\n- (b) the matters to be investigated; and\n- (c) whether the commission is requesting that the head of the reporting entity not to commence, or to end, an investigation of the allegation or conviction.\n- (a) any proposed findings for the investigation that may be adverse to the worker; and\n- (b) that the worker may, within a reasonable stated period, give written submissions to the commission about the proposed findings.","sortOrder":62},{"sectionNumber":"sec.44","sectionType":"section","heading":"Commission may interview child","content":"### sec.44 Commission may interview child\n\nIn conducting an investigation under section 43 , the commission may interview—\na child who is the subject of conduct to which the reportable allegation or reportable conviction relates; or\na child who may have witnessed conduct to which the reportable allegation or reportable conviction relates.\nBefore interviewing the child, the commission must obtain the consent of the child’s parent or guardian, unless—\nboth of the following apply—\nthe child is at least 16 years and the commission considers the child has sufficient maturity and ability to understand the matters being consented to;\nit is appropriate in the circumstances not to obtain the consent of the child’s parent or guardian; or\nIt may be appropriate in the circumstances not to obtain the consent of the child’s parent or guardian if the parent or guardian does not have capacity to act in the best interests of the child in relation to the consent.\nthe child’s only parent or guardian is the subject of the investigation; or\nthe child’s parent or guardian can not reasonably be located.\nIf the consent of the child’s parent or guardian is not obtained under subsection (2) , before interviewing the child the commission must obtain the consent of the child.\nThe commission must—\nensure the person who conducts the interview has the appropriate qualifications, training or experience in interviewing child victims of alleged abuse; and\nconsider, and take all reasonable steps to mitigate, any negative effect the interview may have on the child; and\nconsider whether it is appropriate for the parent, a person with parental responsibility or guardian of the child to be present during the interview; and\nensure the child is offered the opportunity for a support person to be present.\nIf the child is an Aboriginal person or Torres Strait Islander person from an Aboriginal community or Torres Strait Islander community, the child must be offered the opportunity for the support person mentioned in subsection (4) (d) to be a person who is a respected person of that community.\n(sec.44-ssec.1) In conducting an investigation under section 43 , the commission may interview— a child who is the subject of conduct to which the reportable allegation or reportable conviction relates; or a child who may have witnessed conduct to which the reportable allegation or reportable conviction relates.\n(sec.44-ssec.2) Before interviewing the child, the commission must obtain the consent of the child’s parent or guardian, unless— both of the following apply— the child is at least 16 years and the commission considers the child has sufficient maturity and ability to understand the matters being consented to; it is appropriate in the circumstances not to obtain the consent of the child’s parent or guardian; or It may be appropriate in the circumstances not to obtain the consent of the child’s parent or guardian if the parent or guardian does not have capacity to act in the best interests of the child in relation to the consent. the child’s only parent or guardian is the subject of the investigation; or the child’s parent or guardian can not reasonably be located.\n(sec.44-ssec.3) If the consent of the child’s parent or guardian is not obtained under subsection (2) , before interviewing the child the commission must obtain the consent of the child.\n(sec.44-ssec.4) The commission must— ensure the person who conducts the interview has the appropriate qualifications, training or experience in interviewing child victims of alleged abuse; and consider, and take all reasonable steps to mitigate, any negative effect the interview may have on the child; and consider whether it is appropriate for the parent, a person with parental responsibility or guardian of the child to be present during the interview; and ensure the child is offered the opportunity for a support person to be present.\n(sec.44-ssec.5) If the child is an Aboriginal person or Torres Strait Islander person from an Aboriginal community or Torres Strait Islander community, the child must be offered the opportunity for the support person mentioned in subsection (4) (d) to be a person who is a respected person of that community.\n- (a) a child who is the subject of conduct to which the reportable allegation or reportable conviction relates; or\n- (b) a child who may have witnessed conduct to which the reportable allegation or reportable conviction relates.\n- (a) both of the following apply— (i) the child is at least 16 years and the commission considers the child has sufficient maturity and ability to understand the matters being consented to; (ii) it is appropriate in the circumstances not to obtain the consent of the child’s parent or guardian; or Examples for subparagraph (ii) — It may be appropriate in the circumstances not to obtain the consent of the child’s parent or guardian if the parent or guardian does not have capacity to act in the best interests of the child in relation to the consent.\n- (i) the child is at least 16 years and the commission considers the child has sufficient maturity and ability to understand the matters being consented to;\n- (ii) it is appropriate in the circumstances not to obtain the consent of the child’s parent or guardian; or Examples for subparagraph (ii) — It may be appropriate in the circumstances not to obtain the consent of the child’s parent or guardian if the parent or guardian does not have capacity to act in the best interests of the child in relation to the consent.\n- (b) the child’s only parent or guardian is the subject of the investigation; or\n- (c) the child’s parent or guardian can not reasonably be located.\n- (i) the child is at least 16 years and the commission considers the child has sufficient maturity and ability to understand the matters being consented to;\n- (ii) it is appropriate in the circumstances not to obtain the consent of the child’s parent or guardian; or Examples for subparagraph (ii) — It may be appropriate in the circumstances not to obtain the consent of the child’s parent or guardian if the parent or guardian does not have capacity to act in the best interests of the child in relation to the consent.\n- (a) ensure the person who conducts the interview has the appropriate qualifications, training or experience in interviewing child victims of alleged abuse; and\n- (b) consider, and take all reasonable steps to mitigate, any negative effect the interview may have on the child; and\n- (c) consider whether it is appropriate for the parent, a person with parental responsibility or guardian of the child to be present during the interview; and\n- (d) ensure the child is offered the opportunity for a support person to be present.","sortOrder":63},{"sectionNumber":"sec.45","sectionType":"section","heading":"Commission must give notice about findings of investigation","content":"### sec.45 Commission must give notice about findings of investigation\n\nAs soon as practicable after an investigation by the commission ends, the commission must give the following persons a written notice under subsection (2) —\nthe head of the reporting entity;\nthe worker the subject of the reportable allegation or reportable conviction;\nany sector regulators for the reporting entity.\nThe written notice must—\nstate the commission’s findings, including whether or not reportable conduct has been engaged in by the worker; and\nstate the reasons for the findings; and\nstate any recommendations the commission thinks fit, and any necessary information relevant to the recommendations; and\nif the findings are adverse to the worker—be accompanied by an information notice for the findings.\n(sec.45-ssec.1) As soon as practicable after an investigation by the commission ends, the commission must give the following persons a written notice under subsection (2) — the head of the reporting entity; the worker the subject of the reportable allegation or reportable conviction; any sector regulators for the reporting entity.\n(sec.45-ssec.2) The written notice must— state the commission’s findings, including whether or not reportable conduct has been engaged in by the worker; and state the reasons for the findings; and state any recommendations the commission thinks fit, and any necessary information relevant to the recommendations; and if the findings are adverse to the worker—be accompanied by an information notice for the findings.\n- (a) the head of the reporting entity;\n- (b) the worker the subject of the reportable allegation or reportable conviction;\n- (c) any sector regulators for the reporting entity.\n- (a) state the commission’s findings, including whether or not reportable conduct has been engaged in by the worker; and\n- (b) state the reasons for the findings; and\n- (c) state any recommendations the commission thinks fit, and any necessary information relevant to the recommendations; and\n- (d) if the findings are adverse to the worker—be accompanied by an information notice for the findings.","sortOrder":64},{"sectionNumber":"ch.3-pt.5","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":65},{"sectionNumber":"sec.46","sectionType":"section","heading":"Concurrent investigations","content":"### sec.46 Concurrent investigations\n\nSubsection (2) applies if—\nthe head of a reporting entity, a sector regulator or the commission is investigating, or proposes to investigate, a reportable allegation; and\nthe head of the reporting entity, sector regulator or commission becomes aware that the conduct the subject of the reportable allegation may involve criminal conduct.\nThe head of the reporting entity, sector regulator or commission must, as soon as practicable, notify a police officer of the belief.\nSubsection (4) applies if the police commissioner becomes aware that an investigation or proposed investigation by the head of an entity, a sector regulator or the commission may prejudice a police investigation.\nThe police commissioner may ask the head of the reporting entity, sector regulator or commission to suspend, or not commence, an investigation until the police investigation is complete, or the police commissioner otherwise advises that the head of the entity, sector regulator or commission may continue or commence its investigation.\nThe head of the reporting entity, sector regulator or commission must take all reasonable steps to mitigate any risks to the safety, wellbeing and best interests of children that may arise as a result of complying with the police commissioner’s request.\nIf the head of a reporting entity, a sector regulator or the commission that has given notice to a police officer under subsection (2) does not receive a request under subsection (4) , the head of the entity, sector regulator or the commission must ensure the investigation is conducted in a way that does not prejudice the police investigation.\nA request by the police commissioner under subsection (4) does not affect another investigation, disciplinary process or other proceeding relating to the conduct that is being conducted other than under this Act.\nIn this section—\npolice investigation includes any court proceeding resulting from the investigation.\n(sec.46-ssec.1) Subsection (2) applies if— the head of a reporting entity, a sector regulator or the commission is investigating, or proposes to investigate, a reportable allegation; and the head of the reporting entity, sector regulator or commission becomes aware that the conduct the subject of the reportable allegation may involve criminal conduct.\n(sec.46-ssec.2) The head of the reporting entity, sector regulator or commission must, as soon as practicable, notify a police officer of the belief.\n(sec.46-ssec.3) Subsection (4) applies if the police commissioner becomes aware that an investigation or proposed investigation by the head of an entity, a sector regulator or the commission may prejudice a police investigation.\n(sec.46-ssec.4) The police commissioner may ask the head of the reporting entity, sector regulator or commission to suspend, or not commence, an investigation until the police investigation is complete, or the police commissioner otherwise advises that the head of the entity, sector regulator or commission may continue or commence its investigation.\n(sec.46-ssec.5) The head of the reporting entity, sector regulator or commission must take all reasonable steps to mitigate any risks to the safety, wellbeing and best interests of children that may arise as a result of complying with the police commissioner’s request.\n(sec.46-ssec.6) If the head of a reporting entity, a sector regulator or the commission that has given notice to a police officer under subsection (2) does not receive a request under subsection (4) , the head of the entity, sector regulator or the commission must ensure the investigation is conducted in a way that does not prejudice the police investigation.\n(sec.46-ssec.7) A request by the police commissioner under subsection (4) does not affect another investigation, disciplinary process or other proceeding relating to the conduct that is being conducted other than under this Act.\n(sec.46-ssec.8) In this section— police investigation includes any court proceeding resulting from the investigation.\n- (a) the head of a reporting entity, a sector regulator or the commission is investigating, or proposes to investigate, a reportable allegation; and\n- (b) the head of the reporting entity, sector regulator or commission becomes aware that the conduct the subject of the reportable allegation may involve criminal conduct.","sortOrder":66},{"sectionNumber":"ch.4-pt.1","sectionType":"part","heading":"Underlying principle","content":"# Underlying principle","sortOrder":67},{"sectionNumber":"sec.47","sectionType":"section","heading":"Underlying principle","content":"### sec.47 Underlying principle\n\nIt is a principle underlying this chapter that entities should disclose information—\nin a timely way; and\nregardless of whether the information is requested by the entity to which it is disclosed; and\nto the extent that is appropriate, having regard to—\nthe relevance of the information to the performance by the commission of its functions under chapter 2 or 3 ; and\nthe effect of giving the information on protecting children or a particular child from harm and ensuring the safety, wellbeing and best interests of children or a particular child.\nHowever, in disclosing information under this chapter, an entity must ensure the identity of a child the subject of the information is protected as far as practicable.\nSee also section 58 for when publication of particular information is prohibited.\n(sec.47-ssec.1) It is a principle underlying this chapter that entities should disclose information— in a timely way; and regardless of whether the information is requested by the entity to which it is disclosed; and to the extent that is appropriate, having regard to— the relevance of the information to the performance by the commission of its functions under chapter 2 or 3 ; and the effect of giving the information on protecting children or a particular child from harm and ensuring the safety, wellbeing and best interests of children or a particular child.\n(sec.47-ssec.2) However, in disclosing information under this chapter, an entity must ensure the identity of a child the subject of the information is protected as far as practicable. See also section 58 for when publication of particular information is prohibited.\n- (a) in a timely way; and\n- (b) regardless of whether the information is requested by the entity to which it is disclosed; and\n- (c) to the extent that is appropriate, having regard to— (i) the relevance of the information to the performance by the commission of its functions under chapter 2 or 3 ; and (ii) the effect of giving the information on protecting children or a particular child from harm and ensuring the safety, wellbeing and best interests of children or a particular child.\n- (i) the relevance of the information to the performance by the commission of its functions under chapter 2 or 3 ; and\n- (ii) the effect of giving the information on protecting children or a particular child from harm and ensuring the safety, wellbeing and best interests of children or a particular child.\n- (i) the relevance of the information to the performance by the commission of its functions under chapter 2 or 3 ; and\n- (ii) the effect of giving the information on protecting children or a particular child from harm and ensuring the safety, wellbeing and best interests of children or a particular child.","sortOrder":68},{"sectionNumber":"ch.4-pt.2","sectionType":"part","heading":"Disclosure for child safe standards","content":"# Disclosure for child safe standards","sortOrder":69},{"sectionNumber":"sec.48","sectionType":"section","heading":"Prescribed child safe entities may disclose confidential information","content":"### sec.48 Prescribed child safe entities may disclose confidential information\n\nThis section applies in relation to the following entities (each a prescribed CSS entity )—\nthe commission;\na sector regulator for a child safe entity;\na child safe entity;\na public sector entity under the Public Sector Act 2022 , section 8 ;\nthe inspector of detention services under the Inspector of Detention Services Act 2022 ;\nthe Office of the Ombudsman established under the Ombudsman Act 2001 , section 73 ;\nanother entity prescribed by regulation.\nA prescribed CSS entity may disclose confidential information to another prescribed CSS entity for any of the following purposes—\nto respond to a concern about a failure to implement or comply with the child safe standards or universal principle;\nto assist the commission in performing a function or exercising a power under chapter 2 ;\nto assist the commission in performing a function or exercising a power under chapter 3 by providing information about compliance with a requirement under chapter 2 by a reporting entity.\n(sec.48-ssec.1) This section applies in relation to the following entities (each a prescribed CSS entity )— the commission; a sector regulator for a child safe entity; a child safe entity; a public sector entity under the Public Sector Act 2022 , section 8 ; the inspector of detention services under the Inspector of Detention Services Act 2022 ; the Office of the Ombudsman established under the Ombudsman Act 2001 , section 73 ; another entity prescribed by regulation.\n(sec.48-ssec.2) A prescribed CSS entity may disclose confidential information to another prescribed CSS entity for any of the following purposes— to respond to a concern about a failure to implement or comply with the child safe standards or universal principle; to assist the commission in performing a function or exercising a power under chapter 2 ; to assist the commission in performing a function or exercising a power under chapter 3 by providing information about compliance with a requirement under chapter 2 by a reporting entity.\n- (a) the commission;\n- (b) a sector regulator for a child safe entity;\n- (c) a child safe entity;\n- (d) a public sector entity under the Public Sector Act 2022 , section 8 ;\n- (e) the inspector of detention services under the Inspector of Detention Services Act 2022 ;\n- (f) the Office of the Ombudsman established under the Ombudsman Act 2001 , section 73 ;\n- (g) another entity prescribed by regulation.\n- (a) to respond to a concern about a failure to implement or comply with the child safe standards or universal principle;\n- (b) to assist the commission in performing a function or exercising a power under chapter 2 ;\n- (c) to assist the commission in performing a function or exercising a power under chapter 3 by providing information about compliance with a requirement under chapter 2 by a reporting entity.","sortOrder":70},{"sectionNumber":"ch.4-pt.3","sectionType":"part","heading":"Disclosure for reportable conduct scheme","content":"# Disclosure for reportable conduct scheme","sortOrder":71},{"sectionNumber":"sec.49","sectionType":"section","heading":"Particular entities may share information for reportable conduct scheme","content":"### sec.49 Particular entities may share information for reportable conduct scheme\n\nThis section applies in relation to the following entities (each a prescribed RCS entity )—\nthe commission;\na sector regulator for a reporting entity;\na reporting entity if a worker of the entity is, or has been, the subject of a reportable allegation or reportable conviction;\na department;\nthe Crime and Corruption Commission;\nthe Office of the Director of Child Protection Litigation established under the Director of Child Protection Litigation Act 2016 , section 35 ;\nthe inspector of detention services under the Inspector of Detention Services Act 2022 ;\nthe Office of the Ombudsman established under the Ombudsman Act 2001 , section 73 ;\nthe police service;\na police force or service of another State or the Commonwealth;\nthe office of the public guardian established under the Public Guardian Act 2014 , section 102 ;\nthe Public Sector Commission under the Public Sector Act 2022 ;\nan entity performing functions under a law of another State or the Commonwealth that are substantially the same as the functions of the commission under chapter 3 ;\nanother entity prescribed by regulation.\nThe head of a prescribed RCS entity may disclose relevant information to the head of another prescribed RCS entity (the receiving entity ) for the following purposes—\nto lessen or prevent a serious risk or threat to the life, health or safety of a child or class of children;\nif the receiving entity is the police service or a police force or service of another State or the Commonwealth—to enable the investigation of criminal conduct;\nif the receiving entity is the commission—for the performance of the commission’s functions under chapter 3 ;\nfor an investigation by the receiving entity of a reportable allegation or reportable conviction;\nfor taking appropriate action by a reporting entity or sector regulator for a reporting entity in relation to a finding that reportable conduct has been engaged in by a worker of the reporting entity; or\nfor a receiving entity other than an entity mentioned in subsection (1) (c) —for the performance of a function by the receiving entity under an Act that relates to the protection of children from harm;\nfor another purpose necessary for the effective administration of the reportable conduct scheme prescribed by regulation.\nA prescribed RCS entity may disclose relevant information in a circumstance mentioned in subsection (2) whether or not the receiving entity has requested the information.\nFor subsection (2) , a reference to the head of the commission is a reference to each commissioner.\nA regulation prescribing an entity under subsection (1) (n) may limit the purposes for which the entity may receive or disclose information.\nIn this section—\nrelevant information —\nmeans the following—\ninformation about the progress of an investigation of a reportable allegation or reportable conviction;\nthe findings and reasons for the findings of an investigation mentioned in subparagraph (i) ;\nany action that is to be taken in response to the findings mentioned in subparagraph (ii) ;\nany other information about a reportable allegation or reportable conviction that would assist a prescribed RCS entity to comply with chapter 3 ; but\ndoes not include evidentiary material or a relevant record or transcript under section 52 (9) .\ns 49 amd 2025 No. 24 s 39C\n(sec.49-ssec.1) This section applies in relation to the following entities (each a prescribed RCS entity )— the commission; a sector regulator for a reporting entity; a reporting entity if a worker of the entity is, or has been, the subject of a reportable allegation or reportable conviction; a department; the Crime and Corruption Commission; the Office of the Director of Child Protection Litigation established under the Director of Child Protection Litigation Act 2016 , section 35 ; the inspector of detention services under the Inspector of Detention Services Act 2022 ; the Office of the Ombudsman established under the Ombudsman Act 2001 , section 73 ; the police service; a police force or service of another State or the Commonwealth; the office of the public guardian established under the Public Guardian Act 2014 , section 102 ; the Public Sector Commission under the Public Sector Act 2022 ; an entity performing functions under a law of another State or the Commonwealth that are substantially the same as the functions of the commission under chapter 3 ; another entity prescribed by regulation.\n(sec.49-ssec.2) The head of a prescribed RCS entity may disclose relevant information to the head of another prescribed RCS entity (the receiving entity ) for the following purposes— to lessen or prevent a serious risk or threat to the life, health or safety of a child or class of children; if the receiving entity is the police service or a police force or service of another State or the Commonwealth—to enable the investigation of criminal conduct; if the receiving entity is the commission—for the performance of the commission’s functions under chapter 3 ; for an investigation by the receiving entity of a reportable allegation or reportable conviction; for taking appropriate action by a reporting entity or sector regulator for a reporting entity in relation to a finding that reportable conduct has been engaged in by a worker of the reporting entity; or for a receiving entity other than an entity mentioned in subsection (1) (c) —for the performance of a function by the receiving entity under an Act that relates to the protection of children from harm; for another purpose necessary for the effective administration of the reportable conduct scheme prescribed by regulation.\n(sec.49-ssec.3) A prescribed RCS entity may disclose relevant information in a circumstance mentioned in subsection (2) whether or not the receiving entity has requested the information.\n(sec.49-ssec.4) For subsection (2) , a reference to the head of the commission is a reference to each commissioner.\n(sec.49-ssec.5) A regulation prescribing an entity under subsection (1) (n) may limit the purposes for which the entity may receive or disclose information.\n(sec.49-ssec.6) In this section— relevant information — means the following— information about the progress of an investigation of a reportable allegation or reportable conviction; the findings and reasons for the findings of an investigation mentioned in subparagraph (i) ; any action that is to be taken in response to the findings mentioned in subparagraph (ii) ; any other information about a reportable allegation or reportable conviction that would assist a prescribed RCS entity to comply with chapter 3 ; but does not include evidentiary material or a relevant record or transcript under section 52 (9) .\n- (a) the commission;\n- (b) a sector regulator for a reporting entity;\n- (c) a reporting entity if a worker of the entity is, or has been, the subject of a reportable allegation or reportable conviction;\n- (d) a department;\n- (e) the Crime and Corruption Commission;\n- (f) the Office of the Director of Child Protection Litigation established under the Director of Child Protection Litigation Act 2016 , section 35 ;\n- (g) the inspector of detention services under the Inspector of Detention Services Act 2022 ;\n- (h) the Office of the Ombudsman established under the Ombudsman Act 2001 , section 73 ;\n- (i) the police service;\n- (j) a police force or service of another State or the Commonwealth;\n- (k) the office of the public guardian established under the Public Guardian Act 2014 , section 102 ;\n- (l) the Public Sector Commission under the Public Sector Act 2022 ;\n- (m) an entity performing functions under a law of another State or the Commonwealth that are substantially the same as the functions of the commission under chapter 3 ;\n- (n) another entity prescribed by regulation.\n- (a) to lessen or prevent a serious risk or threat to the life, health or safety of a child or class of children;\n- (b) if the receiving entity is the police service or a police force or service of another State or the Commonwealth—to enable the investigation of criminal conduct;\n- (c) if the receiving entity is the commission—for the performance of the commission’s functions under chapter 3 ;\n- (d) for an investigation by the receiving entity of a reportable allegation or reportable conviction;\n- (e) for taking appropriate action by a reporting entity or sector regulator for a reporting entity in relation to a finding that reportable conduct has been engaged in by a worker of the reporting entity; or\n- (f) for a receiving entity other than an entity mentioned in subsection (1) (c) —for the performance of a function by the receiving entity under an Act that relates to the protection of children from harm;\n- (g) for another purpose necessary for the effective administration of the reportable conduct scheme prescribed by regulation.\n- (a) means the following— (i) information about the progress of an investigation of a reportable allegation or reportable conviction; (ii) the findings and reasons for the findings of an investigation mentioned in subparagraph (i) ; (iii) any action that is to be taken in response to the findings mentioned in subparagraph (ii) ; (iv) any other information about a reportable allegation or reportable conviction that would assist a prescribed RCS entity to comply with chapter 3 ; but\n- (i) information about the progress of an investigation of a reportable allegation or reportable conviction;\n- (ii) the findings and reasons for the findings of an investigation mentioned in subparagraph (i) ;\n- (iii) any action that is to be taken in response to the findings mentioned in subparagraph (ii) ;\n- (iv) any other information about a reportable allegation or reportable conviction that would assist a prescribed RCS entity to comply with chapter 3 ; but\n- (b) does not include evidentiary material or a relevant record or transcript under section 52 (9) .\n- (i) information about the progress of an investigation of a reportable allegation or reportable conviction;\n- (ii) the findings and reasons for the findings of an investigation mentioned in subparagraph (i) ;\n- (iii) any action that is to be taken in response to the findings mentioned in subparagraph (ii) ;\n- (iv) any other information about a reportable allegation or reportable conviction that would assist a prescribed RCS entity to comply with chapter 3 ; but","sortOrder":72},{"sectionNumber":"sec.50","sectionType":"section","heading":"Disclosure of information to persons affected by investigation","content":"### sec.50 Disclosure of information to persons affected by investigation\n\nA commissioner or the head of a sector regulator or reporting entity may disclose information mentioned in subsection (2) to—\na child who is the subject of conduct that forms the basis of an investigation of a reportable allegation or reportable conviction; or\na parent, person with parental responsibility or guardian of the child.\nFor subsection (1) , the information is—\nthe progress of an investigation of the reportable allegation or reportable conviction; and\nthe findings of the investigation; and\nthe reasons for the findings; and\nany action that is to be taken in response to the findings.\nHowever, the commissioner or head of a sector regulator or reporting entity must not disclose information under this section if the disclosure would—\nput the safety or wellbeing of the child or any other person at risk; or\nprejudice a proceeding or investigation.\n(sec.50-ssec.1) A commissioner or the head of a sector regulator or reporting entity may disclose information mentioned in subsection (2) to— a child who is the subject of conduct that forms the basis of an investigation of a reportable allegation or reportable conviction; or a parent, person with parental responsibility or guardian of the child.\n(sec.50-ssec.2) For subsection (1) , the information is— the progress of an investigation of the reportable allegation or reportable conviction; and the findings of the investigation; and the reasons for the findings; and any action that is to be taken in response to the findings.\n(sec.50-ssec.3) However, the commissioner or head of a sector regulator or reporting entity must not disclose information under this section if the disclosure would— put the safety or wellbeing of the child or any other person at risk; or prejudice a proceeding or investigation.\n- (a) a child who is the subject of conduct that forms the basis of an investigation of a reportable allegation or reportable conviction; or\n- (b) a parent, person with parental responsibility or guardian of the child.\n- (a) the progress of an investigation of the reportable allegation or reportable conviction; and\n- (b) the findings of the investigation; and\n- (c) the reasons for the findings; and\n- (d) any action that is to be taken in response to the findings.\n- (a) put the safety or wellbeing of the child or any other person at risk; or\n- (b) prejudice a proceeding or investigation.","sortOrder":73},{"sectionNumber":"sec.51","sectionType":"section","heading":"Disclosure of findings of reportable conduct to chief executive (working with children)","content":"### sec.51 Disclosure of findings of reportable conduct to chief executive (working with children)\n\nThis section applies if the commission makes a finding, or becomes aware that a finding has been made, that an individual has engaged in reportable conduct.\nThe commission must notify the chief executive (working with children) of the following matters—\nthe name and date of birth, if known, of the individual;\nthat the finding has been made;\nthe reasons for the finding;\nthe action that is to be taken in response to the finding;\nany other matter relating to the finding that may be relevant to the performance of the functions of the chief executive (working with children) under the Working with Children Check Act 2000 .\nIn this section—\nchief executive (working with children) means the chief executive of the department in which the Working with Children Check Act 2000 is administered.\n(sec.51-ssec.1) This section applies if the commission makes a finding, or becomes aware that a finding has been made, that an individual has engaged in reportable conduct.\n(sec.51-ssec.2) The commission must notify the chief executive (working with children) of the following matters— the name and date of birth, if known, of the individual; that the finding has been made; the reasons for the finding; the action that is to be taken in response to the finding; any other matter relating to the finding that may be relevant to the performance of the functions of the chief executive (working with children) under the Working with Children Check Act 2000 .\n(sec.51-ssec.3) In this section— chief executive (working with children) means the chief executive of the department in which the Working with Children Check Act 2000 is administered.\n- (a) the name and date of birth, if known, of the individual;\n- (b) that the finding has been made;\n- (c) the reasons for the finding;\n- (d) the action that is to be taken in response to the finding;\n- (e) any other matter relating to the finding that may be relevant to the performance of the functions of the chief executive (working with children) under the Working with Children Check Act 2000 .","sortOrder":74},{"sectionNumber":"sec.52","sectionType":"section","heading":"Obtaining information from director of public prosecutions or police commissioner","content":"### sec.52 Obtaining information from director of public prosecutions or police commissioner\n\nThis section applies if—\nthe commission or a prescribed RCS entity becomes aware that a person has been charged or convicted of an offence involving an act or omission that is the subject of a reportable allegation or reportable conviction; and\neither—\nthe commission requires information mentioned in subsection (2) to perform a function or exercise a power under chapter 3 in relation to the allegation or conviction; or\nthe prescribed RCS entity requires information mentioned in subsection (2) to comply with a requirement under chapter 3 , part 3 or section 42 to notify or investigate the reportable allegation or reportable conviction.\nThe commission or head of the prescribed RCS entity may, by written notice, ask the director of public prosecutions or police commissioner for the following—\na written statement briefly describing the circumstances of a charge or conviction for the offence;\na copy or written summary of evidentiary material about the offence;\nif the entity making the request is the commission—a copy or written summary of a relevant record or transcript;\nif a charge for the offence was not proceeded with—a written summary of the reasons why the charge was not proceeded with.\nThe request may include the following information—\nthe worker’s name, including any former name or alias, the head of the prescribed RCS entity believes the worker may use or have used;\nthe worker’s gender and date of birth.\nThe director of public prosecutions or police commissioner may comply with a request under subsection (2) if the director or police commissioner believes—\nfor a request made by the commission—the statement, copy or summary is necessary for the performance or exercise of the commission’s functions or powers under chapter 3 ; or\nfor a request made by a prescribed RCS entity—the information is necessary to enable the head of the prescribed RCS entity to notify and investigate a reportable allegation or reportable conviction relating to a worker under chapter 3 , part 3 .\nHowever, the director of public prosecutions or police commissioner must not give the commission or head of a prescribed RCS entity a copy or written summary of evidentiary material or a relevant record or transcript—\nthat relates only to a person other than the person about whom the request is made; or\na report by an expert about a person other than the person about whom the request is made\nthat relates to a person other than the person about whom the request is made and does not relate to the charge or conviction of the offence the subject of the request.\nThe director of public prosecutions or police commissioner must not give information to the commission or head of a prescribed RCS entity under this section if the director or police commissioner is satisfied that giving the information may do any of the following—\nprejudice the investigation of a contravention or possible contravention of a law in a particular case;\nenable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained;\nprejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law;\nprejudice a prosecution or another matter before a court;\nendanger a person’s life or physical safety.\nThe giving of information under this section by the director of public prosecutions or police commissioner is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information.\nSee sections 56 and 57 for restrictions on disclosing or giving access to information obtained under this Act.\nWithout limiting subsection (7) , this section applies despite—\nthe Director of Public Prosecutions Act 1984 , section 24A ; or\nthe Police Service Administration Act 1990 , section 10 .1.\nIn this section—\nevidentiary material , about an offence, means material compiled in the course of the investigation or prosecution of the offence, including, for example, the following—\na summary of the circumstances of the alleged offence prepared by a police officer;\nbench charge sheet, QP9\na witness statement;\nan indictment;\na record of an interview or a transcript of a record of an interview other than a relevant record or transcript;\na report by an expert about the worker alleged to have committed the offence.\nrelevant record or transcript means—\na recording under the Evidence Act 1977 , section 21AY ; or\na section 93A criminal statement or a section 93A transcript under the Evidence Act 1977 , schedule 3 ; or\na recorded statement under the Evidence Act 1977 , section 103A , or a transcript of the recorded statement.\n(sec.52-ssec.1) This section applies if— the commission or a prescribed RCS entity becomes aware that a person has been charged or convicted of an offence involving an act or omission that is the subject of a reportable allegation or reportable conviction; and either— the commission requires information mentioned in subsection (2) to perform a function or exercise a power under chapter 3 in relation to the allegation or conviction; or the prescribed RCS entity requires information mentioned in subsection (2) to comply with a requirement under chapter 3 , part 3 or section 42 to notify or investigate the reportable allegation or reportable conviction.\n(sec.52-ssec.2) The commission or head of the prescribed RCS entity may, by written notice, ask the director of public prosecutions or police commissioner for the following— a written statement briefly describing the circumstances of a charge or conviction for the offence; a copy or written summary of evidentiary material about the offence; if the entity making the request is the commission—a copy or written summary of a relevant record or transcript; if a charge for the offence was not proceeded with—a written summary of the reasons why the charge was not proceeded with.\n(sec.52-ssec.3) The request may include the following information— the worker’s name, including any former name or alias, the head of the prescribed RCS entity believes the worker may use or have used; the worker’s gender and date of birth.\n(sec.52-ssec.4) The director of public prosecutions or police commissioner may comply with a request under subsection (2) if the director or police commissioner believes— for a request made by the commission—the statement, copy or summary is necessary for the performance or exercise of the commission’s functions or powers under chapter 3 ; or for a request made by a prescribed RCS entity—the information is necessary to enable the head of the prescribed RCS entity to notify and investigate a reportable allegation or reportable conviction relating to a worker under chapter 3 , part 3 .\n(sec.52-ssec.5) However, the director of public prosecutions or police commissioner must not give the commission or head of a prescribed RCS entity a copy or written summary of evidentiary material or a relevant record or transcript— that relates only to a person other than the person about whom the request is made; or a report by an expert about a person other than the person about whom the request is made that relates to a person other than the person about whom the request is made and does not relate to the charge or conviction of the offence the subject of the request.\n(sec.52-ssec.6) The director of public prosecutions or police commissioner must not give information to the commission or head of a prescribed RCS entity under this section if the director or police commissioner is satisfied that giving the information may do any of the following— prejudice the investigation of a contravention or possible contravention of a law in a particular case; enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; prejudice a prosecution or another matter before a court; endanger a person’s life or physical safety.\n(sec.52-ssec.7) The giving of information under this section by the director of public prosecutions or police commissioner is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information. See sections 56 and 57 for restrictions on disclosing or giving access to information obtained under this Act.\n(sec.52-ssec.8) Without limiting subsection (7) , this section applies despite— the Director of Public Prosecutions Act 1984 , section 24A ; or the Police Service Administration Act 1990 , section 10 .1.\n(sec.52-ssec.9) In this section— evidentiary material , about an offence, means material compiled in the course of the investigation or prosecution of the offence, including, for example, the following— a summary of the circumstances of the alleged offence prepared by a police officer; bench charge sheet, QP9 a witness statement; an indictment; a record of an interview or a transcript of a record of an interview other than a relevant record or transcript; a report by an expert about the worker alleged to have committed the offence. relevant record or transcript means— a recording under the Evidence Act 1977 , section 21AY ; or a section 93A criminal statement or a section 93A transcript under the Evidence Act 1977 , schedule 3 ; or a recorded statement under the Evidence Act 1977 , section 103A , or a transcript of the recorded statement.\n- (a) the commission or a prescribed RCS entity becomes aware that a person has been charged or convicted of an offence involving an act or omission that is the subject of a reportable allegation or reportable conviction; and\n- (b) either— (i) the commission requires information mentioned in subsection (2) to perform a function or exercise a power under chapter 3 in relation to the allegation or conviction; or (ii) the prescribed RCS entity requires information mentioned in subsection (2) to comply with a requirement under chapter 3 , part 3 or section 42 to notify or investigate the reportable allegation or reportable conviction.\n- (i) the commission requires information mentioned in subsection (2) to perform a function or exercise a power under chapter 3 in relation to the allegation or conviction; or\n- (ii) the prescribed RCS entity requires information mentioned in subsection (2) to comply with a requirement under chapter 3 , part 3 or section 42 to notify or investigate the reportable allegation or reportable conviction.\n- (i) the commission requires information mentioned in subsection (2) to perform a function or exercise a power under chapter 3 in relation to the allegation or conviction; or\n- (ii) the prescribed RCS entity requires information mentioned in subsection (2) to comply with a requirement under chapter 3 , part 3 or section 42 to notify or investigate the reportable allegation or reportable conviction.\n- (a) a written statement briefly describing the circumstances of a charge or conviction for the offence;\n- (b) a copy or written summary of evidentiary material about the offence;\n- (c) if the entity making the request is the commission—a copy or written summary of a relevant record or transcript;\n- (d) if a charge for the offence was not proceeded with—a written summary of the reasons why the charge was not proceeded with.\n- (a) the worker’s name, including any former name or alias, the head of the prescribed RCS entity believes the worker may use or have used;\n- (b) the worker’s gender and date of birth.\n- (a) for a request made by the commission—the statement, copy or summary is necessary for the performance or exercise of the commission’s functions or powers under chapter 3 ; or\n- (b) for a request made by a prescribed RCS entity—the information is necessary to enable the head of the prescribed RCS entity to notify and investigate a reportable allegation or reportable conviction relating to a worker under chapter 3 , part 3 .\n- (a) that relates only to a person other than the person about whom the request is made; or Example of evidentiary material for paragraph (a) — a report by an expert about a person other than the person about whom the request is made\n- (b) that relates to a person other than the person about whom the request is made and does not relate to the charge or conviction of the offence the subject of the request.\n- (a) prejudice the investigation of a contravention or possible contravention of a law in a particular case;\n- (b) enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained;\n- (c) prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law;\n- (d) prejudice a prosecution or another matter before a court;\n- (e) endanger a person’s life or physical safety.\n- (a) the Director of Public Prosecutions Act 1984 , section 24A ; or\n- (b) the Police Service Administration Act 1990 , section 10 .1.\n- (a) a summary of the circumstances of the alleged offence prepared by a police officer; Examples— bench charge sheet, QP9\n- (b) a witness statement;\n- (c) an indictment;\n- (d) a record of an interview or a transcript of a record of an interview other than a relevant record or transcript;\n- (e) a report by an expert about the worker alleged to have committed the offence.\n- (a) a recording under the Evidence Act 1977 , section 21AY ; or\n- (b) a section 93A criminal statement or a section 93A transcript under the Evidence Act 1977 , schedule 3 ; or\n- (c) a recorded statement under the Evidence Act 1977 , section 103A , or a transcript of the recorded statement.","sortOrder":75},{"sectionNumber":"ch.4-pt.4","sectionType":"part","heading":"General provisions for disclosure","content":"# General provisions for disclosure","sortOrder":76},{"sectionNumber":"sec.53","sectionType":"section","heading":"Disclosure to another State or the Commonwealth","content":"### sec.53 Disclosure to another State or the Commonwealth\n\nThe commission may disclose confidential information obtained under this Act to a corresponding entity for a matter relevant to the performance of a function by the corresponding entity.\nIn this section—\ncorresponding entity means an entity performing functions under a law of another State or the Commonwealth that are substantially the same as the functions of the commission under this Act.\n(sec.53-ssec.1) The commission may disclose confidential information obtained under this Act to a corresponding entity for a matter relevant to the performance of a function by the corresponding entity.\n(sec.53-ssec.2) In this section— corresponding entity means an entity performing functions under a law of another State or the Commonwealth that are substantially the same as the functions of the commission under this Act.","sortOrder":77},{"sectionNumber":"sec.54","sectionType":"section","heading":"Information sharing arrangements","content":"### sec.54 Information sharing arrangements\n\nThe commission may enter into a written arrangement about sharing or exchanging information under part 2 or 3 with the following entities—\nfor information for the performance of the commission’s functions under part 2 —a prescribed CSS entity;\nfor information for the performance of the commission’s functions under part 3 —a prescribed RCS entity;\nfor information mentioned in section 53 —a corresponding entity under that section.\n- (a) for information for the performance of the commission’s functions under part 2 —a prescribed CSS entity;\n- (b) for information for the performance of the commission’s functions under part 3 —a prescribed RCS entity;\n- (c) for information mentioned in section 53 —a corresponding entity under that section.","sortOrder":78},{"sectionNumber":"sec.55","sectionType":"section","heading":"Interaction with other laws","content":"### sec.55 Interaction with other laws\n\nThis chapter does not limit a power or obligation under another Act or law to give information.\nThis chapter does not permit disclosure of the following information—\nthe identity of a notifier under the Child Protection Act 1999 , section 186 that must not be disclosed under section 186A of that Act;\nthe identity of a detention centre employee that must not be disclosed under the Youth Justice Act 1992 , section 300 .\nSubject to subsection (2) , information may be given under this chapter and chapter 3 despite any other law that would otherwise prohibit or restrict the giving of the information.\nNothing in this chapter requires a person or entity to disclose information that is subject to privilege.\nIf information is subject to privilege, the privilege is not waived, or otherwise affected, merely because the information may be, or is, disclosed under this chapter.\nIn this section—\nprivilege means any privilege a person may claim under an Act or law, including, for example, legal professional privilege.\n(sec.55-ssec.1) This chapter does not limit a power or obligation under another Act or law to give information.\n(sec.55-ssec.2) This chapter does not permit disclosure of the following information— the identity of a notifier under the Child Protection Act 1999 , section 186 that must not be disclosed under section 186A of that Act; the identity of a detention centre employee that must not be disclosed under the Youth Justice Act 1992 , section 300 .\n(sec.55-ssec.3) Subject to subsection (2) , information may be given under this chapter and chapter 3 despite any other law that would otherwise prohibit or restrict the giving of the information.\n(sec.55-ssec.4) Nothing in this chapter requires a person or entity to disclose information that is subject to privilege.\n(sec.55-ssec.5) If information is subject to privilege, the privilege is not waived, or otherwise affected, merely because the information may be, or is, disclosed under this chapter.\n(sec.55-ssec.6) In this section— privilege means any privilege a person may claim under an Act or law, including, for example, legal professional privilege.\n- (a) the identity of a notifier under the Child Protection Act 1999 , section 186 that must not be disclosed under section 186A of that Act;\n- (b) the identity of a detention centre employee that must not be disclosed under the Youth Justice Act 1992 , section 300 .","sortOrder":79},{"sectionNumber":"ch.6-pt.1","sectionType":"part","heading":"General provisions about authorised officers","content":"# General provisions about authorised officers","sortOrder":80},{"sectionNumber":"ch.6-pt.1-div.1","sectionType":"division","heading":"Appointment","content":"## Appointment","sortOrder":81},{"sectionNumber":"sec.62","sectionType":"section","heading":"Authorised officers under chapter","content":"### sec.62 Authorised officers under chapter\n\nThis chapter includes provision for the appointment of authorised officers, and gives authorised officers particular powers.\nThe purpose of these provisions is to ensure the commission has available to it suitably qualified persons who can help the commission deal with issues about compliance under this Act.\n(sec.62-ssec.1) This chapter includes provision for the appointment of authorised officers, and gives authorised officers particular powers.\n(sec.62-ssec.2) The purpose of these provisions is to ensure the commission has available to it suitably qualified persons who can help the commission deal with issues about compliance under this Act.","sortOrder":82},{"sectionNumber":"sec.63","sectionType":"section","heading":"Functions of authorised officers","content":"### sec.63 Functions of authorised officers\n\nAn authorised officer has the following functions—\nto investigate, monitor and enforce compliance with this Act;\nto investigate or monitor whether an occasion has arisen for the exercise of powers under this Act;\nto facilitate the exercise of powers under this Act.\n- (a) to investigate, monitor and enforce compliance with this Act;\n- (b) to investigate or monitor whether an occasion has arisen for the exercise of powers under this Act;\n- (c) to facilitate the exercise of powers under this Act.","sortOrder":83},{"sectionNumber":"sec.64","sectionType":"section","heading":"Appointment","content":"### sec.64 Appointment\n\nThe commission may, by instrument in writing, appoint any of the following persons who are appropriately qualified as authorised officers—\na staff member of the commission;\nanother public service employee;\na person prescribed by regulation.\nHowever, the commission may appoint a person as an authorised officer only if the commission is satisfied—\nif the person will be exercising a power under section 44 —the person has appropriate qualifications, training or experience in interviewing child victims of alleged abuse; and\nthe person is otherwise appropriately qualified to be appointed as an authorised officer.\n(sec.64-ssec.1) The commission may, by instrument in writing, appoint any of the following persons who are appropriately qualified as authorised officers— a staff member of the commission; another public service employee; a person prescribed by regulation.\n(sec.64-ssec.2) However, the commission may appoint a person as an authorised officer only if the commission is satisfied— if the person will be exercising a power under section 44 —the person has appropriate qualifications, training or experience in interviewing child victims of alleged abuse; and the person is otherwise appropriately qualified to be appointed as an authorised officer.\n- (a) a staff member of the commission;\n- (b) another public service employee;\n- (c) a person prescribed by regulation.\n- (a) if the person will be exercising a power under section 44 —the person has appropriate qualifications, training or experience in interviewing child victims of alleged abuse; and\n- (b) the person is otherwise appropriately qualified to be appointed as an authorised officer.","sortOrder":84},{"sectionNumber":"sec.65","sectionType":"section","heading":"Appointment conditions and limit on powers","content":"### sec.65 Appointment conditions and limit on powers\n\nAn authorised officer holds office on any conditions stated in—\nthe authorised officer’s instrument of appointment; or\na signed notice given to the authorised officer; or\na regulation.\nThe instrument of appointment, a signed notice given to the authorised officer or a regulation may limit the authorised officer’s powers.\nIn this section—\nsigned notice means a written notice signed by a commissioner.\n(sec.65-ssec.1) An authorised officer holds office on any conditions stated in— the authorised officer’s instrument of appointment; or a signed notice given to the authorised officer; or a regulation.\n(sec.65-ssec.2) The instrument of appointment, a signed notice given to the authorised officer or a regulation may limit the authorised officer’s powers.\n(sec.65-ssec.3) In this section— signed notice means a written notice signed by a commissioner.\n- (a) the authorised officer’s instrument of appointment; or\n- (b) a signed notice given to the authorised officer; or\n- (c) a regulation.","sortOrder":85},{"sectionNumber":"sec.66","sectionType":"section","heading":"When office ends","content":"### sec.66 When office ends\n\nThe office of a person as an authorised officer ends if any of the following happens—\nthe term of office stated in a condition of office ends;\nunder another condition of office, the office ends;\nthe authorised officer’s resignation under section 67 takes effect.\nSubsection (1) does not limit the ways the office of a person as an authorised officer ends.\nIn this section—\ncondition of office means a condition under which the authorised officer holds office.\n(sec.66-ssec.1) The office of a person as an authorised officer ends if any of the following happens— the term of office stated in a condition of office ends; under another condition of office, the office ends; the authorised officer’s resignation under section 67 takes effect.\n(sec.66-ssec.2) Subsection (1) does not limit the ways the office of a person as an authorised officer ends.\n(sec.66-ssec.3) In this section— condition of office means a condition under which the authorised officer holds office.\n- (a) the term of office stated in a condition of office ends;\n- (b) under another condition of office, the office ends;\n- (c) the authorised officer’s resignation under section 67 takes effect.","sortOrder":86},{"sectionNumber":"sec.67","sectionType":"section","heading":"Resignation","content":"### sec.67 Resignation\n\nAn authorised officer may resign by signed notice given to the commission.","sortOrder":87},{"sectionNumber":"ch.6-pt.1-div.2","sectionType":"division","heading":"Identity cards","content":"## Identity cards","sortOrder":88},{"sectionNumber":"sec.68","sectionType":"section","heading":"Issue of identity card","content":"### sec.68 Issue of identity card\n\nThe commission must issue an identity card to each authorised officer.\nThe identity card must—\ncontain a recent photo of the authorised officer; and\ncontain a copy of the authorised officer’s signature; and\nidentify the person as an authorised officer under this Act; and\nstate an expiry date for the card.\nThis section does not prevent the issue of a single identity card to a person for this Act and other purposes.\n(sec.68-ssec.1) The commission must issue an identity card to each authorised officer.\n(sec.68-ssec.2) The identity card must— contain a recent photo of the authorised officer; and contain a copy of the authorised officer’s signature; and identify the person as an authorised officer under this Act; and state an expiry date for the card.\n(sec.68-ssec.3) This section does not prevent the issue of a single identity card to a person for this Act and other purposes.\n- (a) contain a recent photo of the authorised officer; and\n- (b) contain a copy of the authorised officer’s signature; and\n- (c) identify the person as an authorised officer under this Act; and\n- (d) state an expiry date for the card.","sortOrder":89},{"sectionNumber":"sec.69","sectionType":"section","heading":"Production or display of identity card","content":"### sec.69 Production or display of identity card\n\nIn exercising a power in relation to a person in the person’s presence, an authorised officer must—\nproduce the authorised officer’s identity card for the person’s inspection before exercising the power; or\nhave the identity card displayed so it is clearly visible to the person when exercising the power.\nHowever, if it is not practicable to comply with subsection (1) , the authorised officer must produce the identity card for the person’s inspection at the first reasonable opportunity.\nFor subsection (1) , an authorised officer does not exercise a power in relation to a person only because the authorised officer has entered a place as mentioned in section 73 (1) (b) or (d) .\n(sec.69-ssec.1) In exercising a power in relation to a person in the person’s presence, an authorised officer must— produce the authorised officer’s identity card for the person’s inspection before exercising the power; or have the identity card displayed so it is clearly visible to the person when exercising the power.\n(sec.69-ssec.2) However, if it is not practicable to comply with subsection (1) , the authorised officer must produce the identity card for the person’s inspection at the first reasonable opportunity.\n(sec.69-ssec.3) For subsection (1) , an authorised officer does not exercise a power in relation to a person only because the authorised officer has entered a place as mentioned in section 73 (1) (b) or (d) .\n- (a) produce the authorised officer’s identity card for the person’s inspection before exercising the power; or\n- (b) have the identity card displayed so it is clearly visible to the person when exercising the power.","sortOrder":90},{"sectionNumber":"sec.70","sectionType":"section","heading":"Return of identity card","content":"### sec.70 Return of identity card\n\nIf the office of a person as an authorised officer ends, the person must return the person’s identity card to the commission within 21 days after the office ends unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.","sortOrder":91},{"sectionNumber":"ch.6-pt.1-div.3","sectionType":"division","heading":"Miscellaneous provisions","content":"## Miscellaneous provisions","sortOrder":92},{"sectionNumber":"sec.71","sectionType":"section","heading":"References to exercise of powers","content":"### sec.71 References to exercise of powers\n\nA reference in this Act to the exercise of a power by an authorised officer, other than a reference to the exercise of a specific power, is a reference to the exercise of all or any of an authorised officer’s powers under this chapter or a warrant, to the extent the powers are relevant.","sortOrder":93},{"sectionNumber":"sec.72","sectionType":"section","heading":"Reference to document includes reference to reproductions from electronic document","content":"### sec.72 Reference to document includes reference to reproductions from electronic document\n\nA reference in this chapter to a document includes a reference to an image or writing—\nproduced from an electronic document; or\nnot yet produced, but reasonably capable of being produced, from an electronic document, with or without the aid of anything else.\n- (a) produced from an electronic document; or\n- (b) not yet produced, but reasonably capable of being produced, from an electronic document, with or without the aid of anything else.","sortOrder":94},{"sectionNumber":"ch.6-pt.2","sectionType":"part","heading":"Entry of places by authorised officers","content":"# Entry of places by authorised officers","sortOrder":95},{"sectionNumber":"ch.6-pt.2-div.1","sectionType":"division","heading":"Power to enter","content":"## Power to enter","sortOrder":96},{"sectionNumber":"sec.73","sectionType":"section","heading":"General power to enter places","content":"### sec.73 General power to enter places\n\nAn authorised officer may enter a place if—\nan occupier at the place consents under division 2 to the entry and section 76 has been complied with for the occupier; or\nthe place is a public place and the entry is made when the place is open to the public; or\nthe entry is authorised under a warrant and, if there is an occupier of the place, section 83 has been complied with for the occupier; or\nthe place is a business and is—\nopen for carrying on the business; or\notherwise open for entry.\nFor subsection (1) (d) , a place of business does not include a part of the place where a person resides.\nIf the power to enter arose only because an occupier of the place consented to the entry, the power is subject to any conditions of the consent and ceases if the consent is withdrawn.\nIf the power to enter is under a warrant, the power is subject to the terms of the warrant.\nIn this section—\npublic place means a place, or part of a place—\nthat the public is entitled to use, that is open to members of the public or that is used by the public, whether or not on payment of money; or\na beach, a park, a road\nthe occupier of which allows, whether or not on payment of money, members of the public to enter.\na saleyard, a showground\n(sec.73-ssec.1) An authorised officer may enter a place if— an occupier at the place consents under division 2 to the entry and section 76 has been complied with for the occupier; or the place is a public place and the entry is made when the place is open to the public; or the entry is authorised under a warrant and, if there is an occupier of the place, section 83 has been complied with for the occupier; or the place is a business and is— open for carrying on the business; or otherwise open for entry.\n(sec.73-ssec.2) For subsection (1) (d) , a place of business does not include a part of the place where a person resides.\n(sec.73-ssec.3) If the power to enter arose only because an occupier of the place consented to the entry, the power is subject to any conditions of the consent and ceases if the consent is withdrawn.\n(sec.73-ssec.4) If the power to enter is under a warrant, the power is subject to the terms of the warrant.\n(sec.73-ssec.5) In this section— public place means a place, or part of a place— that the public is entitled to use, that is open to members of the public or that is used by the public, whether or not on payment of money; or a beach, a park, a road the occupier of which allows, whether or not on payment of money, members of the public to enter. a saleyard, a showground\n- (a) an occupier at the place consents under division 2 to the entry and section 76 has been complied with for the occupier; or\n- (b) the place is a public place and the entry is made when the place is open to the public; or\n- (c) the entry is authorised under a warrant and, if there is an occupier of the place, section 83 has been complied with for the occupier; or\n- (d) the place is a business and is— (i) open for carrying on the business; or (ii) otherwise open for entry.\n- (i) open for carrying on the business; or\n- (ii) otherwise open for entry.\n- (i) open for carrying on the business; or\n- (ii) otherwise open for entry.\n- (a) that the public is entitled to use, that is open to members of the public or that is used by the public, whether or not on payment of money; or Examples of a place that may be a public place under paragraph (a) — a beach, a park, a road\n- (b) the occupier of which allows, whether or not on payment of money, members of the public to enter. Examples of a place that may be a public place under paragraph (b) — a saleyard, a showground","sortOrder":97},{"sectionNumber":"ch.6-pt.2-div.2","sectionType":"division","heading":"Entry by consent","content":"## Entry by consent","sortOrder":98},{"sectionNumber":"sec.74","sectionType":"section","heading":"Application of division","content":"### sec.74 Application of division\n\nThis division applies if an authorised officer intends to ask an occupier of a place to consent to the authorised officer or another authorised officer entering the place under section 73 (1) (a) .","sortOrder":99},{"sectionNumber":"sec.75","sectionType":"section","heading":"Incidental entry to ask for access","content":"### sec.75 Incidental entry to ask for access\n\nFor the purpose of asking the occupier for the consent, an authorised officer may, without the occupier’s consent or a warrant—\nenter land around premises at the place to an extent that is reasonable to contact the occupier; or\nenter part of the place the authorised officer considers members of the public ordinarily are allowed to enter when they wish to contact an occupier of the place.\n- (a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or\n- (b) enter part of the place the authorised officer considers members of the public ordinarily are allowed to enter when they wish to contact an occupier of the place.","sortOrder":100},{"sectionNumber":"sec.76","sectionType":"section","heading":"Matters authorised officer must tell occupier","content":"### sec.76 Matters authorised officer must tell occupier\n\nBefore asking for the consent, the authorised officer must—\nexplain to the occupier the purpose of the entry, including the powers intended to be exercised; and\ntell the occupier that—\nthe occupier is not required to consent; and\nthe consent may be given subject to conditions and may be withdrawn at any time.\n- (a) explain to the occupier the purpose of the entry, including the powers intended to be exercised; and\n- (b) tell the occupier that— (i) the occupier is not required to consent; and (ii) the consent may be given subject to conditions and may be withdrawn at any time.\n- (i) the occupier is not required to consent; and\n- (ii) the consent may be given subject to conditions and may be withdrawn at any time.\n- (i) the occupier is not required to consent; and\n- (ii) the consent may be given subject to conditions and may be withdrawn at any time.","sortOrder":101},{"sectionNumber":"sec.77","sectionType":"section","heading":"Consent acknowledgement","content":"### sec.77 Consent acknowledgement\n\nIf the consent is given, the authorised officer may ask the occupier to sign an acknowledgement of the consent.\nThe acknowledgement must state—\nthe purpose of the entry, including the powers to be exercised; and\nthat the occupier has been given an explanation about the purpose of the entry, including the powers intended to be exercised; and\nthat the occupier has been told—\nthat the occupier is not required to consent; and\nthat the consent may be given subject to conditions and may be withdrawn at any time; and\nthat the occupier gives the authorised officer or another authorised officer consent to enter the place and exercise the powers; and\nthe day and time the consent was given; and\nany conditions of the consent.\nIf the occupier signs the acknowledgement, the authorised officer must immediately give a copy to the occupier.\nIf—\nan issue arises in a proceeding about whether the occupier consented to the entry; and\na signed acknowledgement complying with subsection (2) for the entry is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\n(sec.77-ssec.1) If the consent is given, the authorised officer may ask the occupier to sign an acknowledgement of the consent.\n(sec.77-ssec.2) The acknowledgement must state— the purpose of the entry, including the powers to be exercised; and that the occupier has been given an explanation about the purpose of the entry, including the powers intended to be exercised; and that the occupier has been told— that the occupier is not required to consent; and that the consent may be given subject to conditions and may be withdrawn at any time; and that the occupier gives the authorised officer or another authorised officer consent to enter the place and exercise the powers; and the day and time the consent was given; and any conditions of the consent.\n(sec.77-ssec.3) If the occupier signs the acknowledgement, the authorised officer must immediately give a copy to the occupier.\n(sec.77-ssec.4) If— an issue arises in a proceeding about whether the occupier consented to the entry; and a signed acknowledgement complying with subsection (2) for the entry is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\n- (a) the purpose of the entry, including the powers to be exercised; and\n- (b) that the occupier has been given an explanation about the purpose of the entry, including the powers intended to be exercised; and\n- (c) that the occupier has been told— (i) that the occupier is not required to consent; and (ii) that the consent may be given subject to conditions and may be withdrawn at any time; and\n- (i) that the occupier is not required to consent; and\n- (ii) that the consent may be given subject to conditions and may be withdrawn at any time; and\n- (d) that the occupier gives the authorised officer or another authorised officer consent to enter the place and exercise the powers; and\n- (e) the day and time the consent was given; and\n- (f) any conditions of the consent.\n- (i) that the occupier is not required to consent; and\n- (ii) that the consent may be given subject to conditions and may be withdrawn at any time; and\n- (a) an issue arises in a proceeding about whether the occupier consented to the entry; and\n- (b) a signed acknowledgement complying with subsection (2) for the entry is not produced in evidence;","sortOrder":102},{"sectionNumber":"ch.6-pt.2-div.3","sectionType":"division","heading":"Entry under warrant","content":"## Entry under warrant","sortOrder":103},{"sectionNumber":"sec.78","sectionType":"section","heading":"Application for warrant","content":"### sec.78 Application for warrant\n\nAn authorised officer may apply to a magistrate for a warrant for a place.\nThe authorised officer must prepare a written application that states the grounds on which the warrant is sought.\nThe written application must be sworn.\nThe magistrate may refuse to consider the application until the authorised officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\nThe magistrate may require additional information supporting the written application to be given by statutory declaration.\n(sec.78-ssec.1) An authorised officer may apply to a magistrate for a warrant for a place.\n(sec.78-ssec.2) The authorised officer must prepare a written application that states the grounds on which the warrant is sought.\n(sec.78-ssec.3) The written application must be sworn.\n(sec.78-ssec.4) The magistrate may refuse to consider the application until the authorised officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the written application to be given by statutory declaration.","sortOrder":104},{"sectionNumber":"sec.79","sectionType":"section","heading":"Issue of warrant","content":"### sec.79 Issue of warrant\n\nThe magistrate may issue the warrant for the place only if the magistrate is satisfied there are reasonable grounds for suspecting there is at the place, or will be at the place within the next 7 days, a particular thing or activity that may provide evidence of an offence against this Act.\nThe warrant must state—\nthe place to which the warrant applies; and\nthat a stated authorised officer or any authorised officer may with necessary and reasonable help and force—\nenter the place and any other place necessary for entry to the place; and\nexercise the authorised officer’s powers; and\nparticulars of the offence that the magistrate considers appropriate; and\nthe name of the person suspected of having committed the offence unless the name is unknown or the magistrate considers it inappropriate to state the name; and\nthe hours of the day or night when the place may be entered; and\nthe magistrate’s name; and\nthe day and time of the warrant’s issue; and\nthe day, within 14 days after the warrant’s issue, the warrant ends.\n(sec.79-ssec.1) The magistrate may issue the warrant for the place only if the magistrate is satisfied there are reasonable grounds for suspecting there is at the place, or will be at the place within the next 7 days, a particular thing or activity that may provide evidence of an offence against this Act.\n(sec.79-ssec.2) The warrant must state— the place to which the warrant applies; and that a stated authorised officer or any authorised officer may with necessary and reasonable help and force— enter the place and any other place necessary for entry to the place; and exercise the authorised officer’s powers; and particulars of the offence that the magistrate considers appropriate; and the name of the person suspected of having committed the offence unless the name is unknown or the magistrate considers it inappropriate to state the name; and the hours of the day or night when the place may be entered; and the magistrate’s name; and the day and time of the warrant’s issue; and the day, within 14 days after the warrant’s issue, the warrant ends.\n- (a) the place to which the warrant applies; and\n- (b) that a stated authorised officer or any authorised officer may with necessary and reasonable help and force— (i) enter the place and any other place necessary for entry to the place; and (ii) exercise the authorised officer’s powers; and\n- (i) enter the place and any other place necessary for entry to the place; and\n- (ii) exercise the authorised officer’s powers; and\n- (c) particulars of the offence that the magistrate considers appropriate; and\n- (d) the name of the person suspected of having committed the offence unless the name is unknown or the magistrate considers it inappropriate to state the name; and\n- (e) the hours of the day or night when the place may be entered; and\n- (f) the magistrate’s name; and\n- (g) the day and time of the warrant’s issue; and\n- (h) the day, within 14 days after the warrant’s issue, the warrant ends.\n- (i) enter the place and any other place necessary for entry to the place; and\n- (ii) exercise the authorised officer’s powers; and","sortOrder":105},{"sectionNumber":"sec.80","sectionType":"section","heading":"Electronic application","content":"### sec.80 Electronic application\n\nAn application under section 78 may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the authorised officer considers it necessary because of—\nurgent circumstances; or\nother special circumstances, including, for example, the authorised officer’s remote location.\nThe application—\nmay not be made before the authorised officer prepares the written application under section 78 (2) ; but\nmay be made before the written application is sworn.\n(sec.80-ssec.1) An application under section 78 may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the authorised officer considers it necessary because of— urgent circumstances; or other special circumstances, including, for example, the authorised officer’s remote location.\n(sec.80-ssec.2) The application— may not be made before the authorised officer prepares the written application under section 78 (2) ; but may be made before the written application is sworn.\n- (a) urgent circumstances; or\n- (b) other special circumstances, including, for example, the authorised officer’s remote location.\n- (a) may not be made before the authorised officer prepares the written application under section 78 (2) ; but\n- (b) may be made before the written application is sworn.","sortOrder":106},{"sectionNumber":"sec.81","sectionType":"section","heading":"Additional procedure if electronic application","content":"### sec.81 Additional procedure if electronic application\n\nFor an application made under section 80 , the magistrate may issue the warrant (the original warrant ) only if the magistrate is satisfied—\nit was necessary to make the application under section 80 ; and\nthe way the application was made under section 80 was appropriate.\nAfter the magistrate issues the original warrant—\nif there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised officer, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised officer; or\notherwise—\nthe magistrate must tell the authorised officer the information required to be stated in the warrant under section 79 (2) ; and\nthe authorised officer must complete a form of warrant, including by writing on it the information mentioned in subparagraph (i) .\nThe copy of the warrant mentioned in subsection (2) (a) , or the form of warrant completed under subsection (2) (b) (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant.\nThe authorised officer must, at the first reasonable opportunity, send to the magistrate—\nthe written application complying with section 78 (2) and (3) ; and\nif the authorised officer completed a form of warrant under subsection (2) (b) , the completed form of warrant.\nDespite subsection (3) , if—\nan issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and\nthe original warrant is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.\nThis section does not limit section 78 .\n(sec.81-ssec.1) For an application made under section 80 , the magistrate may issue the warrant (the original warrant ) only if the magistrate is satisfied— it was necessary to make the application under section 80 ; and the way the application was made under section 80 was appropriate.\n(sec.81-ssec.2) After the magistrate issues the original warrant— if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised officer, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised officer; or otherwise— the magistrate must tell the authorised officer the information required to be stated in the warrant under section 79 (2) ; and the authorised officer must complete a form of warrant, including by writing on it the information mentioned in subparagraph (i) .\n(sec.81-ssec.3) The copy of the warrant mentioned in subsection (2) (a) , or the form of warrant completed under subsection (2) (b) (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant.\n(sec.81-ssec.4) The authorised officer must, at the first reasonable opportunity, send to the magistrate— the written application complying with section 78 (2) and (3) ; and if the authorised officer completed a form of warrant under subsection (2) (b) , the completed form of warrant.\n(sec.81-ssec.5) Despite subsection (3) , if— an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and the original warrant is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.\n(sec.81-ssec.6) This section does not limit section 78 .\n- (a) it was necessary to make the application under section 80 ; and\n- (b) the way the application was made under section 80 was appropriate.\n- (a) if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised officer, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised officer; or\n- (b) otherwise— (i) the magistrate must tell the authorised officer the information required to be stated in the warrant under section 79 (2) ; and (ii) the authorised officer must complete a form of warrant, including by writing on it the information mentioned in subparagraph (i) .\n- (i) the magistrate must tell the authorised officer the information required to be stated in the warrant under section 79 (2) ; and\n- (ii) the authorised officer must complete a form of warrant, including by writing on it the information mentioned in subparagraph (i) .\n- (i) the magistrate must tell the authorised officer the information required to be stated in the warrant under section 79 (2) ; and\n- (ii) the authorised officer must complete a form of warrant, including by writing on it the information mentioned in subparagraph (i) .\n- (a) the written application complying with section 78 (2) and (3) ; and\n- (b) if the authorised officer completed a form of warrant under subsection (2) (b) , the completed form of warrant.\n- (a) an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and\n- (b) the original warrant is not produced in evidence;","sortOrder":107},{"sectionNumber":"sec.82","sectionType":"section","heading":"Defect in relation to a warrant","content":"### sec.82 Defect in relation to a warrant\n\nA warrant is not invalidated by a defect in the warrant or compliance with this subdivision, unless the defect affects the substance of the warrant in a material particular.\nIn this section—\nwarrant includes a duplicate warrant mentioned in section 81 (3) .\n(sec.82-ssec.1) A warrant is not invalidated by a defect in the warrant or compliance with this subdivision, unless the defect affects the substance of the warrant in a material particular.\n(sec.82-ssec.2) In this section— warrant includes a duplicate warrant mentioned in section 81 (3) .","sortOrder":108},{"sectionNumber":"sec.83","sectionType":"section","heading":"Entry procedure","content":"### sec.83 Entry procedure\n\nThis section applies if an authorised officer is intending to enter a place under a warrant issued under this division.\nBefore entering the place, the authorised officer must do or make a reasonable attempt to do the following things—\nidentify themself to a person who is an occupier of the place and is present by producing the authorised officer’s identity card or another document evidencing the authorised officer’s appointment;\ngive the person a copy of the warrant;\ntell the person the authorised officer is permitted by the warrant to enter the place;\ngive the person an opportunity to allow the authorised officer immediate entry to the place without using force.\nHowever, the authorised officer need not comply with subsection (2) if the authorised officer reasonably believes that entry to the place without compliance is required to ensure the execution of the warrant is not frustrated.\nIn this section—\nwarrant includes a duplicate warrant mentioned in section 81 (3) .\n(sec.83-ssec.1) This section applies if an authorised officer is intending to enter a place under a warrant issued under this division.\n(sec.83-ssec.2) Before entering the place, the authorised officer must do or make a reasonable attempt to do the following things— identify themself to a person who is an occupier of the place and is present by producing the authorised officer’s identity card or another document evidencing the authorised officer’s appointment; give the person a copy of the warrant; tell the person the authorised officer is permitted by the warrant to enter the place; give the person an opportunity to allow the authorised officer immediate entry to the place without using force.\n(sec.83-ssec.3) However, the authorised officer need not comply with subsection (2) if the authorised officer reasonably believes that entry to the place without compliance is required to ensure the execution of the warrant is not frustrated.\n(sec.83-ssec.4) In this section— warrant includes a duplicate warrant mentioned in section 81 (3) .\n- (a) identify themself to a person who is an occupier of the place and is present by producing the authorised officer’s identity card or another document evidencing the authorised officer’s appointment;\n- (b) give the person a copy of the warrant;\n- (c) tell the person the authorised officer is permitted by the warrant to enter the place;\n- (d) give the person an opportunity to allow the authorised officer immediate entry to the place without using force.","sortOrder":109},{"sectionNumber":"ch.6-pt.3","sectionType":"part","heading":"Other authorised officers’ powers and related matters","content":"# Other authorised officers’ powers and related matters","sortOrder":110},{"sectionNumber":"ch.6-pt.3-div.1","sectionType":"division","heading":"General powers of authorised officers after entering places","content":"## General powers of authorised officers after entering places","sortOrder":111},{"sectionNumber":"sec.84","sectionType":"section","heading":"Application of division","content":"### sec.84 Application of division\n\nThe powers under this division may be exercised if an authorised officer enters a place under section 73 (1) (a) , (c) or (d) .\nHowever, if the authorised officer enters a place under section 73 (1) (a) or (c) , the powers under this division are subject to any conditions of the consent or terms of the warrant.\n(sec.84-ssec.1) The powers under this division may be exercised if an authorised officer enters a place under section 73 (1) (a) , (c) or (d) .\n(sec.84-ssec.2) However, if the authorised officer enters a place under section 73 (1) (a) or (c) , the powers under this division are subject to any conditions of the consent or terms of the warrant.","sortOrder":112},{"sectionNumber":"sec.85","sectionType":"section","heading":"General powers","content":"### sec.85 General powers\n\nThe authorised officer may do any of the following—\nsearch any part of the place;\ninspect, examine or film any part of the place or anything at the place;\ntake for examination a thing, or a sample of or from a thing, at the place;\nplace an identifying mark in or on anything at the place;\ntake an extract from, or copy, a document at the place, or take the document to another place to copy;\nproduce an image or writing from an electronic document at the place or, to the extent that is not practicable, take either or both of the following to another place to produce an image or writing from an electronic document—\na thing containing an electronic document;\na thing that can be used to produce an image or writing from an electronic document;\ntake to, into or onto the place and use any person, equipment and materials the authorised officer requires for exercising the authorised officer’s powers under this chapter;\nremain at the place for the time necessary to achieve the purpose of the entry.\nThe authorised officer may do anything necessary to exercise a power under subsection (1) .\nIf the authorised officer takes a document from the place to copy it, the authorised officer must copy the document and return it to the place as soon as practicable.\nIf the authorised officer takes a thing from the place to produce an image or writing from an electronic document, the authorised officer must produce the image or writing from the document and return the thing to the place as soon as practicable.\nIn this section—\nexamine includes analyse, test, account for, measure, weigh, grade, gauge and identify.\nfilm includes photograph, videotape and record an image in another way.\ninspect , a thing, includes open the thing and examine its contents.\n(sec.85-ssec.1) The authorised officer may do any of the following— search any part of the place; inspect, examine or film any part of the place or anything at the place; take for examination a thing, or a sample of or from a thing, at the place; place an identifying mark in or on anything at the place; take an extract from, or copy, a document at the place, or take the document to another place to copy; produce an image or writing from an electronic document at the place or, to the extent that is not practicable, take either or both of the following to another place to produce an image or writing from an electronic document— a thing containing an electronic document; a thing that can be used to produce an image or writing from an electronic document; take to, into or onto the place and use any person, equipment and materials the authorised officer requires for exercising the authorised officer’s powers under this chapter; remain at the place for the time necessary to achieve the purpose of the entry.\n(sec.85-ssec.2) The authorised officer may do anything necessary to exercise a power under subsection (1) .\n(sec.85-ssec.3) If the authorised officer takes a document from the place to copy it, the authorised officer must copy the document and return it to the place as soon as practicable.\n(sec.85-ssec.4) If the authorised officer takes a thing from the place to produce an image or writing from an electronic document, the authorised officer must produce the image or writing from the document and return the thing to the place as soon as practicable.\n(sec.85-ssec.5) In this section— examine includes analyse, test, account for, measure, weigh, grade, gauge and identify. film includes photograph, videotape and record an image in another way. inspect , a thing, includes open the thing and examine its contents.\n- (a) search any part of the place;\n- (b) inspect, examine or film any part of the place or anything at the place;\n- (c) take for examination a thing, or a sample of or from a thing, at the place;\n- (d) place an identifying mark in or on anything at the place;\n- (e) take an extract from, or copy, a document at the place, or take the document to another place to copy;\n- (f) produce an image or writing from an electronic document at the place or, to the extent that is not practicable, take either or both of the following to another place to produce an image or writing from an electronic document— (i) a thing containing an electronic document; (ii) a thing that can be used to produce an image or writing from an electronic document;\n- (i) a thing containing an electronic document;\n- (ii) a thing that can be used to produce an image or writing from an electronic document;\n- (g) take to, into or onto the place and use any person, equipment and materials the authorised officer requires for exercising the authorised officer’s powers under this chapter;\n- (h) remain at the place for the time necessary to achieve the purpose of the entry.\n- (i) a thing containing an electronic document;\n- (ii) a thing that can be used to produce an image or writing from an electronic document;","sortOrder":113},{"sectionNumber":"sec.86","sectionType":"section","heading":"Power to require reasonable help","content":"### sec.86 Power to require reasonable help\n\nThe authorised officer may require an occupier of the place or a person at the place to give the authorised officer reasonable help to exercise a power under section 85 (1) , including, for example, to produce a document or to give information.\nWhen making a requirement under subsection (1) , the authorised officer must give the person an offence warning for the requirement.\n(sec.86-ssec.1) The authorised officer may require an occupier of the place or a person at the place to give the authorised officer reasonable help to exercise a power under section 85 (1) , including, for example, to produce a document or to give information.\n(sec.86-ssec.2) When making a requirement under subsection (1) , the authorised officer must give the person an offence warning for the requirement.","sortOrder":114},{"sectionNumber":"sec.87","sectionType":"section","heading":"Offence to contravene help requirement","content":"### sec.87 Offence to contravene help requirement\n\nA person of whom a requirement is made under section 86 (1) must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIt is not a reasonable excuse for a person to fail to comply with the requirement on the basis that complying might tend to incriminate the person or expose the person to a penalty.\nSee, however, section 97 .\nThe authorised officer must inform the person, in a way that is reasonable in the circumstances, that—\nthe person must comply with the requirement even though complying might tend to incriminate the person or expose the person to a penalty; and\nif the person is an individual—under section 97 , there is a limited immunity against the future use of the information given in compliance with the requirement.\nIf the person is an individual and the individual fails to comply with the requirement when the authorised officer has failed to comply with subsection (3) , the individual may not be convicted of the offence against subsection (1) .\n(sec.87-ssec.1) A person of whom a requirement is made under section 86 (1) must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.87-ssec.2) It is not a reasonable excuse for a person to fail to comply with the requirement on the basis that complying might tend to incriminate the person or expose the person to a penalty. See, however, section 97 .\n(sec.87-ssec.3) The authorised officer must inform the person, in a way that is reasonable in the circumstances, that— the person must comply with the requirement even though complying might tend to incriminate the person or expose the person to a penalty; and if the person is an individual—under section 97 , there is a limited immunity against the future use of the information given in compliance with the requirement.\n(sec.87-ssec.4) If the person is an individual and the individual fails to comply with the requirement when the authorised officer has failed to comply with subsection (3) , the individual may not be convicted of the offence against subsection (1) .\n- (a) the person must comply with the requirement even though complying might tend to incriminate the person or expose the person to a penalty; and\n- (b) if the person is an individual—under section 97 , there is a limited immunity against the future use of the information given in compliance with the requirement.","sortOrder":115},{"sectionNumber":"ch.6-pt.3-div.2","sectionType":"division","heading":"Other information-obtaining powers of authorised officers","content":"## Other information-obtaining powers of authorised officers","sortOrder":116},{"sectionNumber":"sec.88","sectionType":"section","heading":"Information protected by legal professional privilege","content":"### sec.88 Information protected by legal professional privilege\n\nNothing in this chapter requires an entity to disclose information that is protected by legal professional privilege.","sortOrder":117},{"sectionNumber":"sec.89","sectionType":"section","heading":"Power to require personal details","content":"### sec.89 Power to require personal details\n\nThis section applies if an authorised officer—\nfinds a person committing an offence against this Act; or\nfinds a person in circumstances that lead the authorised officer to reasonably suspect the person has just committed an offence against this Act; or\nhas information that leads the authorised officer to reasonably suspect a person has just committed an offence against this Act.\nThe authorised officer may require the person to state the person’s name and residential address.\nThe authorised officer may also require the person to give evidence of the correctness of the stated name or address if, in the circumstances, it would be reasonable to expect the person to—\nbe in possession of evidence of the correctness of the stated name or address; or\notherwise be able to give the evidence.\nWhen making a requirement under this section, the authorised officer must give the person an offence warning for the requirement.\n(sec.89-ssec.1) This section applies if an authorised officer— finds a person committing an offence against this Act; or finds a person in circumstances that lead the authorised officer to reasonably suspect the person has just committed an offence against this Act; or has information that leads the authorised officer to reasonably suspect a person has just committed an offence against this Act.\n(sec.89-ssec.2) The authorised officer may require the person to state the person’s name and residential address.\n(sec.89-ssec.3) The authorised officer may also require the person to give evidence of the correctness of the stated name or address if, in the circumstances, it would be reasonable to expect the person to— be in possession of evidence of the correctness of the stated name or address; or otherwise be able to give the evidence.\n(sec.89-ssec.4) When making a requirement under this section, the authorised officer must give the person an offence warning for the requirement.\n- (a) finds a person committing an offence against this Act; or\n- (b) finds a person in circumstances that lead the authorised officer to reasonably suspect the person has just committed an offence against this Act; or\n- (c) has information that leads the authorised officer to reasonably suspect a person has just committed an offence against this Act.\n- (a) be in possession of evidence of the correctness of the stated name or address; or\n- (b) otherwise be able to give the evidence.","sortOrder":118},{"sectionNumber":"sec.90","sectionType":"section","heading":"Offence to contravene personal details requirement","content":"### sec.90 Offence to contravene personal details requirement\n\nA person of whom a requirement is made under section 89 must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nA person may not be convicted of an offence against subsection (1) unless the person is found guilty of the offence in relation to which the requirement under section 89 was made.\n(sec.90-ssec.1) A person of whom a requirement is made under section 89 must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.90-ssec.2) A person may not be convicted of an offence against subsection (1) unless the person is found guilty of the offence in relation to which the requirement under section 89 was made.","sortOrder":119},{"sectionNumber":"sec.91","sectionType":"section","heading":"Power to require information or attendance","content":"### sec.91 Power to require information or attendance\n\nThis section applies if an authorised officer reasonably believes—\nan offence against this Act has been committed; and\na person may be able to give information about the offence.\nAlso, this section applies if an authorised officer reasonably believes a relevant person may be able to give the following information—\ninformation about whether a child safe entity has implemented and is complying with the child safe standards and universal principle under section 11 ;\ninformation about whether a reporting entity has systems in place as required under section 30 ;\nfurther information mentioned in section 38 about the head of an entity’s final report;\ninformation mentioned in section 41 (2) (d) in relation to the monitoring of an investigation by the commission;\ninformation mentioned in section 42 (4) in relation to an investigation by a sector regulator;\ninformation relevant to an investigation conducted on the commissioner’s own initiative under section 43 .\nThe authorised officer may, by written notice given to the person, require the person to—\ngive the authorised officer within a stated reasonable period of at least 14 days—\nthe information mentioned in subsection (1) or (2) ; or\nif the information is kept, stored or recorded electronically—a clear written reproduction of the information; or\nattend before the authorised officer at a stated reasonable time and place to answer questions, or produce documents related to the offence or matter.\nIn this section—\nrelevant person means—\nfor a matter mentioned in subsection (2) (a) —\na child safe entity; or\nthe head, or a worker, of a child safe entity; or\na sector regulator for a child safe entity; or\nfor a matter mentioned in subsection (2) (b) —any person who may have information about the matter, including—\na reporting entity; or\nthe head, or a worker, of a reporting entity; or\na sector regulator for a reporting entity; or\nfor a matter mentioned in subsection (2) (c) or (d) —the head of the reporting entity to whom the request is made; or\nfor a matter mentioned in subsection (2) (e) —the sector regulator mentioned in section 42 (4) ; or\nfor a matter mentioned in subsection (2) (f) —any person.\n(sec.91-ssec.1) This section applies if an authorised officer reasonably believes— an offence against this Act has been committed; and a person may be able to give information about the offence.\n(sec.91-ssec.2) Also, this section applies if an authorised officer reasonably believes a relevant person may be able to give the following information— information about whether a child safe entity has implemented and is complying with the child safe standards and universal principle under section 11 ; information about whether a reporting entity has systems in place as required under section 30 ; further information mentioned in section 38 about the head of an entity’s final report; information mentioned in section 41 (2) (d) in relation to the monitoring of an investigation by the commission; information mentioned in section 42 (4) in relation to an investigation by a sector regulator; information relevant to an investigation conducted on the commissioner’s own initiative under section 43 .\n(sec.91-ssec.3) The authorised officer may, by written notice given to the person, require the person to— give the authorised officer within a stated reasonable period of at least 14 days— the information mentioned in subsection (1) or (2) ; or if the information is kept, stored or recorded electronically—a clear written reproduction of the information; or attend before the authorised officer at a stated reasonable time and place to answer questions, or produce documents related to the offence or matter.\n(sec.91-ssec.4) In this section— relevant person means— for a matter mentioned in subsection (2) (a) — a child safe entity; or the head, or a worker, of a child safe entity; or a sector regulator for a child safe entity; or for a matter mentioned in subsection (2) (b) —any person who may have information about the matter, including— a reporting entity; or the head, or a worker, of a reporting entity; or a sector regulator for a reporting entity; or for a matter mentioned in subsection (2) (c) or (d) —the head of the reporting entity to whom the request is made; or for a matter mentioned in subsection (2) (e) —the sector regulator mentioned in section 42 (4) ; or for a matter mentioned in subsection (2) (f) —any person.\n- (a) an offence against this Act has been committed; and\n- (b) a person may be able to give information about the offence.\n- (a) information about whether a child safe entity has implemented and is complying with the child safe standards and universal principle under section 11 ;\n- (b) information about whether a reporting entity has systems in place as required under section 30 ;\n- (c) further information mentioned in section 38 about the head of an entity’s final report;\n- (d) information mentioned in section 41 (2) (d) in relation to the monitoring of an investigation by the commission;\n- (e) information mentioned in section 42 (4) in relation to an investigation by a sector regulator;\n- (f) information relevant to an investigation conducted on the commissioner’s own initiative under section 43 .\n- (a) give the authorised officer within a stated reasonable period of at least 14 days— (i) the information mentioned in subsection (1) or (2) ; or (ii) if the information is kept, stored or recorded electronically—a clear written reproduction of the information; or\n- (i) the information mentioned in subsection (1) or (2) ; or\n- (ii) if the information is kept, stored or recorded electronically—a clear written reproduction of the information; or\n- (b) attend before the authorised officer at a stated reasonable time and place to answer questions, or produce documents related to the offence or matter.\n- (i) the information mentioned in subsection (1) or (2) ; or\n- (ii) if the information is kept, stored or recorded electronically—a clear written reproduction of the information; or\n- (a) for a matter mentioned in subsection (2) (a) — (i) a child safe entity; or (ii) the head, or a worker, of a child safe entity; or (iii) a sector regulator for a child safe entity; or\n- (i) a child safe entity; or\n- (ii) the head, or a worker, of a child safe entity; or\n- (iii) a sector regulator for a child safe entity; or\n- (b) for a matter mentioned in subsection (2) (b) —any person who may have information about the matter, including— (i) a reporting entity; or (ii) the head, or a worker, of a reporting entity; or (iii) a sector regulator for a reporting entity; or\n- (i) a reporting entity; or\n- (ii) the head, or a worker, of a reporting entity; or\n- (iii) a sector regulator for a reporting entity; or\n- (c) for a matter mentioned in subsection (2) (c) or (d) —the head of the reporting entity to whom the request is made; or\n- (d) for a matter mentioned in subsection (2) (e) —the sector regulator mentioned in section 42 (4) ; or\n- (e) for a matter mentioned in subsection (2) (f) —any person.\n- (i) a child safe entity; or\n- (ii) the head, or a worker, of a child safe entity; or\n- (iii) a sector regulator for a child safe entity; or\n- (i) a reporting entity; or\n- (ii) the head, or a worker, of a reporting entity; or\n- (iii) a sector regulator for a reporting entity; or","sortOrder":120},{"sectionNumber":"sec.92","sectionType":"section","heading":"Offence to contravene information or attendance requirement","content":"### sec.92 Offence to contravene information or attendance requirement\n\nA person of whom a requirement is made under section 91 (3) (a) must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nA person of whom a requirement is made under section 91 (3) (b) must not fail, without reasonable excuse, to—\nattend as required by the notice; and\ncontinue to attend as required by the authorised officer until excused from further attendance; and\nanswer a question the person is required to answer by the authorised officer; and\nproduce a document the person is required to produce by the notice.\nMaximum penalty—50 penalty units.\nIt is not a reasonable excuse for a person to fail to comply with the requirement on the basis that complying might tend to incriminate the person or expose the person to a penalty.\nSee, however, section 97 .\nThe authorised officer must inform the person, in a way that is reasonable in the circumstances, that—\nthe person must comply with the requirement even though complying might tend to incriminate the person or expose the person to a penalty; and\nif the person is an individual—under section 97 , there is a limited immunity against the future use of the information given in compliance with the requirement.\nIf the person is an individual and the individual fails to comply with the requirement when the authorised officer has failed to comply with subsection (4) , the individual may not be convicted of the offence against subsection (1) or (2) .\n(sec.92-ssec.1) A person of whom a requirement is made under section 91 (3) (a) must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.92-ssec.2) A person of whom a requirement is made under section 91 (3) (b) must not fail, without reasonable excuse, to— attend as required by the notice; and continue to attend as required by the authorised officer until excused from further attendance; and answer a question the person is required to answer by the authorised officer; and produce a document the person is required to produce by the notice. Maximum penalty—50 penalty units.\n(sec.92-ssec.3) It is not a reasonable excuse for a person to fail to comply with the requirement on the basis that complying might tend to incriminate the person or expose the person to a penalty. See, however, section 97 .\n(sec.92-ssec.4) The authorised officer must inform the person, in a way that is reasonable in the circumstances, that— the person must comply with the requirement even though complying might tend to incriminate the person or expose the person to a penalty; and if the person is an individual—under section 97 , there is a limited immunity against the future use of the information given in compliance with the requirement.\n(sec.92-ssec.5) If the person is an individual and the individual fails to comply with the requirement when the authorised officer has failed to comply with subsection (4) , the individual may not be convicted of the offence against subsection (1) or (2) .\n- (a) attend as required by the notice; and\n- (b) continue to attend as required by the authorised officer until excused from further attendance; and\n- (c) answer a question the person is required to answer by the authorised officer; and\n- (d) produce a document the person is required to produce by the notice.\n- (a) the person must comply with the requirement even though complying might tend to incriminate the person or expose the person to a penalty; and\n- (b) if the person is an individual—under section 97 , there is a limited immunity against the future use of the information given in compliance with the requirement.","sortOrder":121},{"sectionNumber":"ch.6-pt.4","sectionType":"part","heading":"Miscellaneous provisions relating to authorised officers","content":"# Miscellaneous provisions relating to authorised officers","sortOrder":122},{"sectionNumber":"ch.6-pt.4-div.1","sectionType":"division","heading":"Damage","content":"## Damage","sortOrder":123},{"sectionNumber":"sec.93","sectionType":"section","heading":"Duty to avoid inconvenience and minimise damage","content":"### sec.93 Duty to avoid inconvenience and minimise damage\n\nIn exercising a power, an authorised officer must take all reasonable steps to cause as little inconvenience, and do as little damage, as possible.\nSee also section 95 .","sortOrder":124},{"sectionNumber":"sec.94","sectionType":"section","heading":"Notice of damage","content":"### sec.94 Notice of damage\n\nThis section applies if—\nan authorised officer damages something when exercising, or purporting to exercise, a power; or\na person (the assistant ) acting under the direction or authority of an authorised officer damages something.\nHowever, this section does not apply to damage the authorised officer considers is trivial or if the authorised officer reasonably believes—\nthere is no-one apparently in possession of the thing; or\nthe thing has been abandoned.\nThe authorised officer must give written notice of the damage to a person who appears to the authorised officer to be an owner, or person in control, of the thing.\nHowever, if for any reason it is not practicable to comply with subsection (3) , the authorised officer must—\nleave the notice at the place where the damage happened; and\nensure the notice is left in a conspicuous position and in a reasonably secure way.\nThe authorised officer may delay complying with subsection (3) or (4) if the authorised officer reasonably suspects complying with the subsection may frustrate or otherwise hinder an investigation or the performance of another function of the authorised officer.\nThe delay may be only for so long as the authorised officer continues to have the reasonable suspicion and remains in the vicinity of the place.\nIf the authorised officer believes the damage was caused by a latent defect in the thing or other circumstances beyond the control of the authorised officer or the assistant, the authorised officer may state the belief in the notice.\nThe notice must state—\nparticulars of the damage; and\nthat the person who suffered the damage may claim compensation under section 95 .\n(sec.94-ssec.1) This section applies if— an authorised officer damages something when exercising, or purporting to exercise, a power; or a person (the assistant ) acting under the direction or authority of an authorised officer damages something.\n(sec.94-ssec.2) However, this section does not apply to damage the authorised officer considers is trivial or if the authorised officer reasonably believes— there is no-one apparently in possession of the thing; or the thing has been abandoned.\n(sec.94-ssec.3) The authorised officer must give written notice of the damage to a person who appears to the authorised officer to be an owner, or person in control, of the thing.\n(sec.94-ssec.4) However, if for any reason it is not practicable to comply with subsection (3) , the authorised officer must— leave the notice at the place where the damage happened; and ensure the notice is left in a conspicuous position and in a reasonably secure way.\n(sec.94-ssec.5) The authorised officer may delay complying with subsection (3) or (4) if the authorised officer reasonably suspects complying with the subsection may frustrate or otherwise hinder an investigation or the performance of another function of the authorised officer.\n(sec.94-ssec.6) The delay may be only for so long as the authorised officer continues to have the reasonable suspicion and remains in the vicinity of the place.\n(sec.94-ssec.7) If the authorised officer believes the damage was caused by a latent defect in the thing or other circumstances beyond the control of the authorised officer or the assistant, the authorised officer may state the belief in the notice.\n(sec.94-ssec.8) The notice must state— particulars of the damage; and that the person who suffered the damage may claim compensation under section 95 .\n- (a) an authorised officer damages something when exercising, or purporting to exercise, a power; or\n- (b) a person (the assistant ) acting under the direction or authority of an authorised officer damages something.\n- (a) there is no-one apparently in possession of the thing; or\n- (b) the thing has been abandoned.\n- (a) leave the notice at the place where the damage happened; and\n- (b) ensure the notice is left in a conspicuous position and in a reasonably secure way.\n- (a) particulars of the damage; and\n- (b) that the person who suffered the damage may claim compensation under section 95 .","sortOrder":125},{"sectionNumber":"ch.6-pt.4-div.2","sectionType":"division","heading":"Compensation","content":"## Compensation","sortOrder":126},{"sectionNumber":"sec.95","sectionType":"section","heading":"Compensation","content":"### sec.95 Compensation\n\nA person may claim compensation from the State if the person incurs loss because of the exercise, or purported exercise, of a power by or for an authorised officer including a loss arising from compliance with a requirement made of the person under part 3 .\nThe compensation may be claimed and ordered in a proceeding—\nbrought in a court with jurisdiction for the recovery of the amount of compensation claimed; or\nfor an alleged offence against this Act the investigation of which gave rise to the claim for compensation.\nA court may order the payment of compensation only if it is satisfied it is just to make the order in the circumstances of the particular case.\nIn considering whether it is just to order compensation, the court must have regard to any relevant offence committed by the claimant.\nA regulation may prescribe other matters that may, or must, be taken into account by the court when considering whether it is just to order compensation.\nSection 93 does not provide for a statutory right of compensation other than as provided by this section.\nIn this section—\nloss includes costs and damage.\n(sec.95-ssec.1) A person may claim compensation from the State if the person incurs loss because of the exercise, or purported exercise, of a power by or for an authorised officer including a loss arising from compliance with a requirement made of the person under part 3 .\n(sec.95-ssec.2) The compensation may be claimed and ordered in a proceeding— brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or for an alleged offence against this Act the investigation of which gave rise to the claim for compensation.\n(sec.95-ssec.3) A court may order the payment of compensation only if it is satisfied it is just to make the order in the circumstances of the particular case.\n(sec.95-ssec.4) In considering whether it is just to order compensation, the court must have regard to any relevant offence committed by the claimant.\n(sec.95-ssec.5) A regulation may prescribe other matters that may, or must, be taken into account by the court when considering whether it is just to order compensation.\n(sec.95-ssec.6) Section 93 does not provide for a statutory right of compensation other than as provided by this section.\n(sec.95-ssec.7) In this section— loss includes costs and damage.\n- (a) brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or\n- (b) for an alleged offence against this Act the investigation of which gave rise to the claim for compensation.","sortOrder":127},{"sectionNumber":"ch.6-pt.4-div.3","sectionType":"division","heading":"Offence to obstruct authorised officers","content":"## Offence to obstruct authorised officers","sortOrder":128},{"sectionNumber":"sec.96","sectionType":"section","heading":"Obstructing authorised officer","content":"### sec.96 Obstructing authorised officer\n\nA person must not obstruct an authorised officer exercising a power, or someone helping an authorised officer exercising a power, unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\nIf a person has obstructed an authorised officer, or someone helping an authorised officer, and the authorised officer decides to proceed with the exercise of the power, the authorised officer must warn the person that—\nit is an offence to cause an obstruction unless the person has a reasonable excuse; and\nthe authorised officer considers the person’s conduct an obstruction.\nIn this section—\nobstruct includes hinder, resist, attempt to obstruct and threaten to obstruct.\n(sec.96-ssec.1) A person must not obstruct an authorised officer exercising a power, or someone helping an authorised officer exercising a power, unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.96-ssec.2) If a person has obstructed an authorised officer, or someone helping an authorised officer, and the authorised officer decides to proceed with the exercise of the power, the authorised officer must warn the person that— it is an offence to cause an obstruction unless the person has a reasonable excuse; and the authorised officer considers the person’s conduct an obstruction.\n(sec.96-ssec.3) In this section— obstruct includes hinder, resist, attempt to obstruct and threaten to obstruct.\n- (a) it is an offence to cause an obstruction unless the person has a reasonable excuse; and\n- (b) the authorised officer considers the person’s conduct an obstruction.","sortOrder":129},{"sectionNumber":"ch.6-pt.4-div.4","sectionType":"division","heading":"Immunity","content":"## Immunity","sortOrder":130},{"sectionNumber":"sec.97","sectionType":"section","heading":"Evidential immunity for individuals complying with particular requirements","content":"### sec.97 Evidential immunity for individuals complying with particular requirements\n\nSubsection (2) applies if an individual gives or produces information to an authorised officer under section 86 or 91 .\nEvidence of the information, and other evidence directly or indirectly derived from the information, is not admissible against the individual in any proceeding to the extent the evidence tends to incriminate the individual, or expose the individual to a penalty, in the proceeding.\nSubsection (2) does not apply to a proceeding about the false or misleading nature of the information or in which the false or misleading nature of the information is relevant evidence.\n(sec.97-ssec.1) Subsection (2) applies if an individual gives or produces information to an authorised officer under section 86 or 91 .\n(sec.97-ssec.2) Evidence of the information, and other evidence directly or indirectly derived from the information, is not admissible against the individual in any proceeding to the extent the evidence tends to incriminate the individual, or expose the individual to a penalty, in the proceeding.\n(sec.97-ssec.3) Subsection (2) does not apply to a proceeding about the false or misleading nature of the information or in which the false or misleading nature of the information is relevant evidence.","sortOrder":131},{"sectionNumber":"ch.8-pt.1","sectionType":"part","heading":"Offences","content":"# Offences","sortOrder":132},{"sectionNumber":"sec.102","sectionType":"section","heading":"Giving official false or misleading information","content":"### sec.102 Giving official false or misleading information\n\nA person must not give an official information that the person knows is false or misleading in a material particular.\nMaximum penalty—100 penalty units.\nSubsection (1) applies to information whether or not the information was given in response to the exercise of a specific power under this Act.\nSubsection (1) does not apply to a person if the person, when giving the information in a document—\ntells the official, to the best of the person’s ability, how the document is false or misleading; and\nif the person has, or can reasonably obtain, the correct information—gives the correct information.\nIn this section—\nofficial means—\na staff member of the commission; or\nthe principal commissioner or a commissioner; or\nan authorised officer.\n(sec.102-ssec.1) A person must not give an official information that the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units.\n(sec.102-ssec.2) Subsection (1) applies to information whether or not the information was given in response to the exercise of a specific power under this Act.\n(sec.102-ssec.3) Subsection (1) does not apply to a person if the person, when giving the information in a document— tells the official, to the best of the person’s ability, how the document is false or misleading; and if the person has, or can reasonably obtain, the correct information—gives the correct information.\n(sec.102-ssec.4) In this section— official means— a staff member of the commission; or the principal commissioner or a commissioner; or an authorised officer.\n- (a) tells the official, to the best of the person’s ability, how the document is false or misleading; and\n- (b) if the person has, or can reasonably obtain, the correct information—gives the correct information.\n- (a) a staff member of the commission; or\n- (b) the principal commissioner or a commissioner; or\n- (c) an authorised officer.","sortOrder":133},{"sectionNumber":"sec.103","sectionType":"section","heading":"Person must not conceal, destroy etc. particular documents","content":"### sec.103 Person must not conceal, destroy etc. particular documents\n\nThis section applies in relation to the following (each a relevant document )—\na document containing information requested by an authorised officer under section 91 ;\na document about an individual whose affairs are the subject of an investigation of a reportable allegation or reportable conviction under chapter 3 ;\na document containing information requested by the commission in performing a function under chapter 2 or 3 .\nA person must not—\nconceal, destroy, mutilate or alter a relevant document; or\nsend, cause to be sent or conspire with someone else to send out of the State a relevant document.\nMaximum penalty—100 penalty units.\nIt is a defence to a prosecution of an offence against subsection (2) for the defendant to prove that the defendant did not act with intent to defeat the purposes of chapter 2 or 3 or to delay or obstruct the carrying out of an investigation under chapter 3 or 6 .\n(sec.103-ssec.1) This section applies in relation to the following (each a relevant document )— a document containing information requested by an authorised officer under section 91 ; a document about an individual whose affairs are the subject of an investigation of a reportable allegation or reportable conviction under chapter 3 ; a document containing information requested by the commission in performing a function under chapter 2 or 3 .\n(sec.103-ssec.2) A person must not— conceal, destroy, mutilate or alter a relevant document; or send, cause to be sent or conspire with someone else to send out of the State a relevant document. Maximum penalty—100 penalty units.\n(sec.103-ssec.3) It is a defence to a prosecution of an offence against subsection (2) for the defendant to prove that the defendant did not act with intent to defeat the purposes of chapter 2 or 3 or to delay or obstruct the carrying out of an investigation under chapter 3 or 6 .\n- (a) a document containing information requested by an authorised officer under section 91 ;\n- (b) a document about an individual whose affairs are the subject of an investigation of a reportable allegation or reportable conviction under chapter 3 ;\n- (c) a document containing information requested by the commission in performing a function under chapter 2 or 3 .\n- (a) conceal, destroy, mutilate or alter a relevant document; or\n- (b) send, cause to be sent or conspire with someone else to send out of the State a relevant document.","sortOrder":134},{"sectionNumber":"ch.8-pt.2","sectionType":"part","heading":"Reporting","content":"# Reporting","sortOrder":135},{"sectionNumber":"sec.104","sectionType":"section","heading":"Reports","content":"### sec.104 Reports\n\nThe commission may—\nprepare a report about a matter relevant to the performance of the commission’s functions under this Act; and\ngive the report to the Minister; and\nmake a recommendation about whether the report should be tabled in the Legislative Assembly; and\nif the commission does not recommend the report be tabled—give reasons for the recommendation.\nIn deciding whether to table the report in the Legislative Assembly, the Minister must have regard to whether it includes—\nconfidential information about a person; or\ninformation that may prejudice the investigation or prosecution of an offence; or\nanything else relevant to whether tabling the report would be in the public interest.\nIf the commission recommends that the report be tabled, and the Minister is satisfied that tabling the report is in the public interest, the Minister must table the report in the Legislative Assembly as soon as practicable after receiving the report.\nThe commission must not publish a report prepared under this section unless the Minister has tabled the report.\n(sec.104-ssec.1) The commission may— prepare a report about a matter relevant to the performance of the commission’s functions under this Act; and give the report to the Minister; and make a recommendation about whether the report should be tabled in the Legislative Assembly; and if the commission does not recommend the report be tabled—give reasons for the recommendation.\n(sec.104-ssec.2) In deciding whether to table the report in the Legislative Assembly, the Minister must have regard to whether it includes— confidential information about a person; or information that may prejudice the investigation or prosecution of an offence; or anything else relevant to whether tabling the report would be in the public interest.\n(sec.104-ssec.3) If the commission recommends that the report be tabled, and the Minister is satisfied that tabling the report is in the public interest, the Minister must table the report in the Legislative Assembly as soon as practicable after receiving the report.\n(sec.104-ssec.4) The commission must not publish a report prepared under this section unless the Minister has tabled the report.\n- (a) prepare a report about a matter relevant to the performance of the commission’s functions under this Act; and\n- (b) give the report to the Minister; and\n- (c) make a recommendation about whether the report should be tabled in the Legislative Assembly; and\n- (d) if the commission does not recommend the report be tabled—give reasons for the recommendation.\n- (a) confidential information about a person; or\n- (b) information that may prejudice the investigation or prosecution of an offence; or\n- (c) anything else relevant to whether tabling the report would be in the public interest.","sortOrder":136},{"sectionNumber":"sec.105","sectionType":"section","heading":"Consultation before including particular information in reports","content":"### sec.105 Consultation before including particular information in reports\n\nThe commission must not include in a report under section 104 any adverse information about an entity identifiable from the report unless the entity has been given a copy of the information and allowed a reasonable opportunity to make a submission about it.\nIf an entity makes a submission about the information, the commission—\nmust have regard to the submission before finalising the report; and\nmust not include the information in the report unless the commission also includes the entity’s submission, or a fair summary of it, in the report.\nAlso, if the commission proposes to recommend that a particular entity take particular action, the commission must consult with the entity, and any other entities likely to be affected, about the recommendation before finalising the report.\n(sec.105-ssec.1) The commission must not include in a report under section 104 any adverse information about an entity identifiable from the report unless the entity has been given a copy of the information and allowed a reasonable opportunity to make a submission about it.\n(sec.105-ssec.2) If an entity makes a submission about the information, the commission— must have regard to the submission before finalising the report; and must not include the information in the report unless the commission also includes the entity’s submission, or a fair summary of it, in the report.\n(sec.105-ssec.3) Also, if the commission proposes to recommend that a particular entity take particular action, the commission must consult with the entity, and any other entities likely to be affected, about the recommendation before finalising the report.\n- (a) must have regard to the submission before finalising the report; and\n- (b) must not include the information in the report unless the commission also includes the entity’s submission, or a fair summary of it, in the report.","sortOrder":137},{"sectionNumber":"ch.8-pt.3","sectionType":"part","heading":"Proceedings","content":"# Proceedings","sortOrder":138},{"sectionNumber":"sec.106","sectionType":"section","heading":"Evidentiary aids","content":"### sec.106 Evidentiary aids\n\nA certificate purporting to be signed by a commissioner and stating any of the following matters is evidence of the matter—\na stated document is 1 of the following things made or given under this Act—\na decision;\na notice or requirement;\na stated document is a copy of a thing mentioned in paragraph (a) ;\non a stated day, or during a stated period, an appointment as an authorised officer was, or was not, in force for a stated person;\non a stated day, a stated person was given a stated notice under this Act;\non a stated day, a stated requirement was made of a person.\n- (a) a stated document is 1 of the following things made or given under this Act— (i) a decision; (ii) a notice or requirement;\n- (i) a decision;\n- (ii) a notice or requirement;\n- (b) a stated document is a copy of a thing mentioned in paragraph (a) ;\n- (c) on a stated day, or during a stated period, an appointment as an authorised officer was, or was not, in force for a stated person;\n- (d) on a stated day, a stated person was given a stated notice under this Act;\n- (e) on a stated day, a stated requirement was made of a person.\n- (i) a decision;\n- (ii) a notice or requirement;","sortOrder":139},{"sectionNumber":"ch.8-pt.4","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":140},{"sectionNumber":"sec.107","sectionType":"section","heading":"Delegation","content":"### sec.107 Delegation\n\nA commissioner may delegate a function or power of the commissioner under this Act to an appropriately qualified staff member of the commission.\nThe head of a reporting entity may delegate the functions of a head of a reporting entity under chapter 3 to an appropriately qualified person.\n(sec.107-ssec.1) A commissioner may delegate a function or power of the commissioner under this Act to an appropriately qualified staff member of the commission.\n(sec.107-ssec.2) The head of a reporting entity may delegate the functions of a head of a reporting entity under chapter 3 to an appropriately qualified person.","sortOrder":141},{"sectionNumber":"sec.108","sectionType":"section","heading":"Guidelines","content":"### sec.108 Guidelines\n\nThe commission may make guidelines, consistent with this Act, to provide guidance to entities about matters relating to the operation of the Act or the commission’s functions.\nIn particular, the commission may make guidelines about the implementation of, and compliance with, the child safe standards and universal principle.\nThe commission must publish a guideline made under this section on its website.\n(sec.108-ssec.1) The commission may make guidelines, consistent with this Act, to provide guidance to entities about matters relating to the operation of the Act or the commission’s functions.\n(sec.108-ssec.2) In particular, the commission may make guidelines about the implementation of, and compliance with, the child safe standards and universal principle.\n(sec.108-ssec.3) The commission must publish a guideline made under this section on its website.","sortOrder":142},{"sectionNumber":"sec.109","sectionType":"section","heading":"Review of Act","content":"### sec.109 Review of Act\n\nThe Minister must review the effectiveness of this Act as soon as practicable after 1 July 2029.\nAs soon as practicable after finishing the review, the Minister must table a report about its outcome in the Legislative Assembly.\ns 109 amd 2025 No. 24 s 39D\n(sec.109-ssec.1) The Minister must review the effectiveness of this Act as soon as practicable after 1 July 2029.\n(sec.109-ssec.2) As soon as practicable after finishing the review, the Minister must table a report about its outcome in the Legislative Assembly.","sortOrder":143},{"sectionNumber":"sec.110","sectionType":"section","heading":"Regulation-making power","content":"### sec.110 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.","sortOrder":144},{"sectionNumber":"ch.10-pt.2","sectionType":"part","heading":"Amendment of Evidence Act 1977","content":"# Amendment of Evidence Act 1977","sortOrder":145},{"sectionNumber":"sec.115","sectionType":"section","heading":"Act amended","content":"### sec.115 Act amended\n\nThis part amends the Evidence Act 1977 .\nSee also the amendments in schedule 4 .","sortOrder":146},{"sectionNumber":"sec.116","sectionType":"section","heading":"Amendment of s 21AZB (Unauthorised possession of, or dealing with, recording)","content":"### sec.116 Amendment of s 21AZB (Unauthorised possession of, or dealing with, recording)\n\nSection 21AZB (2) —\ninsert—\nin the case of a commissioner under the Child Safe Organisations Act 2024 —for the purpose for which the recording is requested under section 52(1)(b)(i) of that Act; or\nSection 21AZB (2) (da) and (e) —\nrenumber as section 21AZB (2) (e) and (f) .\n(sec.116-ssec.1) Section 21AZB (2) — insert— in the case of a commissioner under the Child Safe Organisations Act 2024 —for the purpose for which the recording is requested under section 52(1)(b)(i) of that Act; or\n(sec.116-ssec.2) Section 21AZB (2) (da) and (e) — renumber as section 21AZB (2) (e) and (f) .\n- (da) in the case of a commissioner under the Child Safe Organisations Act 2024 —for the purpose for which the recording is requested under section 52(1)(b)(i) of that Act; or","sortOrder":147},{"sectionNumber":"sec.117","sectionType":"section","heading":"Amendment of s 93AA (Unauthorised possession of, or dealing in, s 93A criminal statements or section 93A transcripts)","content":"### sec.117 Amendment of s 93AA (Unauthorised possession of, or dealing in, s 93A criminal statements or section 93A transcripts)\n\nSection 93AA (2) —\ninsert—\nif the person is a commissioner under the Child Safe Organisations Act 2024 , to the extent the thing is necessary for a purpose for which the statement or transcript is requested under section 52(1)(b)(i) of that Act; or\nSection 93AA (2) (da) and (e) —\nrenumber as section 93AA (2) (e) and (f) .\n(sec.117-ssec.1) Section 93AA (2) — insert— if the person is a commissioner under the Child Safe Organisations Act 2024 , to the extent the thing is necessary for a purpose for which the statement or transcript is requested under section 52(1)(b)(i) of that Act; or\n(sec.117-ssec.2) Section 93AA (2) (da) and (e) — renumber as section 93AA (2) (e) and (f) .\n- (da) if the person is a commissioner under the Child Safe Organisations Act 2024 , to the extent the thing is necessary for a purpose for which the statement or transcript is requested under section 52(1)(b)(i) of that Act; or","sortOrder":148},{"sectionNumber":"sec.118","sectionType":"section","heading":"Amendment of s 103Q (Unauthorised possession of, or dealing in, recorded statements or transcripts of recorded statements)","content":"### sec.118 Amendment of s 103Q (Unauthorised possession of, or dealing in, recorded statements or transcripts of recorded statements)\n\nSection 103Q (2) —\ninsert—\nif the person is a commissioner under the Child Safe Organisations Act 2024 , to the extent the thing is necessary for a purpose for which the statement or transcript is requested under section 52(1)(b)(i) of that Act; or\nSection 103Q (2) (da) and (e) —\nrenumber as section 103Q (2) (e) and (f) .\n(sec.118-ssec.1) Section 103Q (2) — insert— if the person is a commissioner under the Child Safe Organisations Act 2024 , to the extent the thing is necessary for a purpose for which the statement or transcript is requested under section 52(1)(b)(i) of that Act; or\n(sec.118-ssec.2) Section 103Q (2) (da) and (e) — renumber as section 103Q (2) (e) and (f) .\n- (da) if the person is a commissioner under the Child Safe Organisations Act 2024 , to the extent the thing is necessary for a purpose for which the statement or transcript is requested under section 52(1)(b)(i) of that Act; or","sortOrder":149},{"sectionNumber":"ch.10-pt.4","sectionType":"part","heading":"Amendment of Working with Children (Risk Management and Screening) Act 2000","content":"# Amendment of Working with Children (Risk Management and Screening) Act 2000","sortOrder":150},{"sectionNumber":"sec.123","sectionType":"section","heading":"Act amended","content":"### sec.123 Act amended\n\nThis part amends the Working with Children (Risk Management and Screening) Act 2000 .","sortOrder":151},{"sectionNumber":"sec.128","sectionType":"section","heading":"Insertion of new s 343A","content":"### sec.128 Insertion of new s 343A\n\nAfter section 343 —\ninsert—\nThis section applies if—\neither—\na negative notice is issued to a person; or\na person’s negative notice is cancelled; and\nthe chief executive is aware the person is the subject of a finding of reportable conduct under the Child Safe Organisations Act 2024 , chapter 3.\nThe chief executive must give the commission under the Child Safe Organisations Act 2024 a written notice stating that the negative notice has been issued to, or cancelled for, the person.\n(sec.128-frag-sec.343A-ssec.1) This section applies if— either— a negative notice is issued to a person; or a person’s negative notice is cancelled; and the chief executive is aware the person is the subject of a finding of reportable conduct under the Child Safe Organisations Act 2024 , chapter 3.\n(sec.128-frag-sec.343A-ssec.2) The chief executive must give the commission under the Child Safe Organisations Act 2024 a written notice stating that the negative notice has been issued to, or cancelled for, the person.\n- (a) either— (i) a negative notice is issued to a person; or (ii) a person’s negative notice is cancelled; and\n- (i) a negative notice is issued to a person; or\n- (ii) a person’s negative notice is cancelled; and\n- (b) the chief executive is aware the person is the subject of a finding of reportable conduct under the Child Safe Organisations Act 2024 , chapter 3.\n- (i) a negative notice is issued to a person; or\n- (ii) a person’s negative notice is cancelled; and","sortOrder":152},{"sectionNumber":"sec","sectionType":"section","heading":null,"content":"### Section sec\n\ns 130 amd 2025 No. 24 s 39F","sortOrder":153}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act builds a core list of covered entities but explicitly allows expansion or specification by regulation and ministerial declaration and offers voluntary opt‑in declarations, so practical coverage can be widened or adjusted beyond the schedules (secs 10, 12, 6, 110). It also alters related regimes by amending the Evidence Act and Working with Children Act and by creating statutory notification triggers, thereby changing the operational scope of existing laws and regulators (secs 116–118, 128, 39)."},"complexity_factors":["Wide definitional scope of who is covered and what counts as a worker or child‑safe entity (secs 8, 10, 29) increases application complexity.","Multiple overlapping compliance and enforcement pathways: monitoring, self‑assessment directions, compliance notices, enforceable undertakings, court applications and publication powers (secs 15–18, 19–24, 23).","Detailed reporting and investigation duties on heads of entities with strict timeframes and penalties (initial/interim/final reports; 3 and 30 business day triggers) (secs 34–37, 35).","Information‑sharing and confidentiality rules interacting with police, sector regulators and other prescribed entities, including police priority and suspension requests (secs 46, 47–49, 48).","Criminal and civil sanctions plus specific offences about obstruction, false/misleading information and document destruction raise legal risk and evidentiary complexity (secs 96, 102, 103).","Evidentiary and procedural mechanics: evidentiary certificates, delegated powers, investigatory interview safeguards for children, and publication constraints (secs 44, 44–45, 106–107, 105).","Cross‑statutory amendments and triggers tie this Act into other regimes (Evidence Act and Working with Children Act amendments; notification triggers) creating compliance interdependencies (secs 116–118, 128).","Regulation‑making powers and staged commencements create variable practical scope and phased obligations (secs 2, 110), increasing implementation planning needs.","Compensation and immunity provisions for compelled disclosures introduce additional litigation and administrative considerations (secs 95, 97)."],"plain_english_summary":"The Child Safe Organisations Act 2024 requires designated organisations that care for or supervise children to implement ten child‑safe standards and a universal cultural‑safety principle, and establishes a commission to monitor, investigate and enforce compliance using compliance notices, enforceable undertakings, publication and court applications (secs 9, 11, 13, 18–24, 23). Heads of reporting entities must run prevention, reporting and investigation systems and notify the commission of allegations or convictions; organisations bear compliance costs and face penalties while the commission and sector regulators hold discretionary information and enforcement powers (secs 30, 34, 19, 39, 24)."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.33(2) and sec.33(5)","severity":"high","reasoning":"A statutory 'must' obligation that explicitly carries no penal or other legal consequence is a logical nullity. The word 'must' in legislative drafting connotes a binding legal obligation, yet subsection (5) strips it of any enforcement mechanism, making the 'duty' unenforceable and indistinguishable from a mere recommendation.","confidence":0.97,"description":"Section 33(2) imposes a mandatory reporting obligation on workers ('must... report'), but section 33(5) expressly declares that failure to comply with that obligation is NOT an offence. The Act creates a duty with no legal consequence for breach, rendering the mandatory language meaningless."},{"type":"self_contradicting","section":"sec.4(1) and sec.4(2)","severity":"medium","reasoning":"Binding a person to an obligation while simultaneously removing the only meaningful enforcement mechanism against them creates a logical tension approaching absurdity. Child safe entities that are government departments could ignore compliance notices (sec.18) or enforceable undertakings (sec.21) without risk of criminal sanction, undermining the Act's protective purpose.","confidence":0.85,"description":"The Act purports to bind the State and Commonwealth, but then immunises them from prosecution for any offence. Given that the principal enforcement mechanism in this Act is criminal prosecution (penalty units for offences), the practical effect is that government entities are bound in name only — they cannot be held to account via the Act's primary enforcement tools."},{"type":"circular_definition","section":"sec.18(1) and sec.18(6)","severity":"medium","reasoning":"The internal redefinition conflates the entity and its head for liability purposes without clearly resolving whether the notice must be addressed to the head or the entity, creating ambiguity about who must act and who faces prosecution.","confidence":0.78,"description":"Section 18(6) redefines 'child safe entity' for the purposes of section 18 to mean either the entity itself (if a person) or the head of the entity. This creates a circular definition problem: a compliance notice is addressed to 'the child safe entity', but the obligation to comply and the criminal liability falls on 'the head', who is definitionally substituted to be 'the child safe entity'. The head thus receives a notice not addressed to them personally but is personally criminally liable for non-compliance."},{"type":"impossible_compliance","section":"sec.12(2) and sec.12(3)","severity":"medium","reasoning":"The mandatory and unconditional nature of both the declaration and revocation obligations removes any gatekeeping function from the Minister, enabling potential gaming of the regulatory system contrary to the Act's child protection purposes.","confidence":0.82,"description":"The Minister 'must' make a declaration if asked (sec.12(2)), and 'must' revoke it if asked (sec.12(3)). This means an entity can oscillate in and out of child safe entity status at will, with no ministerial discretion to refuse either direction. An entity could cynically opt in to appear compliant and immediately opt out to avoid scrutiny, with the Minister having no power to prevent this."},{"type":"other","section":"sec.26(4)","severity":"medium","reasoning":"Incorporating external, non-legislatively controlled standards (codes of conduct, professional standards) as a gateway to excluding conduct from the definition of 'reportable conduct' delegates a critical definitional boundary to bodies outside the legislative framework, potentially undermining the scheme's integrity.","confidence":0.72,"description":"The exemption for 'reasonable' discipline, management or care of a child — evaluated partly by reference to 'any code of conduct or professional standard applying to the conduct' — creates a self-referential standard where industry bodies could theoretically craft codes that exclude their members' conduct from being reportable conduct, effectively allowing sectors to define away their own obligations."},{"type":"other","section":"sec.36(1) and sec.36(2)","severity":"medium","reasoning":"An unqualified self-assessment standard ('not reasonably able') for avoiding a core statutory obligation is prone to abuse and provides no objective benchmark against which the commission can challenge a refusal to investigate.","confidence":0.75,"description":"The head of a reporting entity must investigate 'as soon as practicable' (sec.36(1)), but if they are 'not reasonably able' to investigate, they need not comply (sec.36(2)). There is no definition of when an entity is 'not reasonably able' to investigate, creating a potentially broad self-assessed escape from the investigation obligation — the very obligation central to the scheme."},{"type":"impossible_compliance","section":"sec.34(2) and sec.34(4)","severity":"high","reasoning":"This creates a 'bystander effect' in law: the reasonable excuse provision means that in an organisation where a reportable allegation is widely known, everyone may assume someone else has reported and all may escape liability. This directly undermines the mandatory reporting framework.","confidence":0.91,"description":"Section 34(4) provides that it is a 'reasonable excuse' not to notify the commission if the head 'reasonably believes another person has notified the commission under the subsection'. This means every person in a reporting entity can rely on their belief that someone else has reported, potentially resulting in no one actually reporting — each person assuming another has done so — with no legal consequence for anyone."},{"type":"other","section":"sec.39(4) and sec.39(5)","severity":"low","reasoning":"The practical effect of the exemption is minimal given the near-identical disclosure requirements, raising questions about the genuine regulatory relief the exemption is intended to provide.","confidence":0.7,"description":"When a reporting entity is exempted from providing a final report (sec.39(2)), the head must instead provide a written notice with findings, reasons and actions taken (sec.39(5)). The content required by sec.39(5) is substantively equivalent to much of the final report under sec.37(2), making the exemption largely illusory — the entity must produce almost the same document under a different name."},{"type":"other","section":"sec.2 (commencement provisions)","severity":"low","reasoning":"While likely intentional, the dual reference to s.128 — first as an exclusion from an April commencement and then as a positive inclusion in a July commencement — is potentially confusing and could create interpretive uncertainty about the operative commencement date.","confidence":0.65,"description":"Section 128 is listed in BOTH sec.2(3)(a) (commencing 1 April 2026 — 'other than section 128') and sec.2(4)(m) (commencing 1 July 2026). The carve-out in sec.2(3) explicitly excludes s.128 from the April commencement, and sec.2(4) then gives it a July commencement — however the drafting creates potential ambiguity about whether the two references are consistent or create a conflict."}],"contradictions":[{"severity":"high","section_a":"sec.33(2)","section_b":"sec.33(5)","confidence":0.97,"description":"Section 33(2) imposes a mandatory duty on workers to report reportable allegations or convictions ('must... report'), while section 33(5) expressly declares that failure to comply with that duty is not an offence. The mandatory obligation is created and immediately rendered unenforceable in the same section."},{"severity":"medium","section_a":"sec.4(1)","section_b":"sec.4(2)","confidence":0.85,"description":"Section 4(1) states the Act binds all persons including the State, while section 4(2) exempts the State from prosecution for any offence. Since offence-based prosecution is the primary enforcement mechanism in this Act, this creates a contradiction between the stated binding nature of the Act on the State and its practical unenforceability against the State."},{"severity":"low","section_a":"sec.3(2)(c)(i)","section_b":"sec.3(2)(c)(ii)","confidence":0.6,"description":"The Act aims to 'prevent' reportable conduct (sec.3(2)(c)(i)) but also provides for 'reporting, notifying and investigating reportable allegations and reportable convictions' (sec.3(2)(c)(ii)). While not strictly contradictory, the scheme primarily establishes reactive reporting and investigation mechanisms (ch.3) with minimal operative prevention provisions, creating a tension between the stated preventive purpose and the predominantly reactive machinery."},{"severity":"medium","section_a":"sec.34(2)","section_b":"sec.34(4)","confidence":0.8,"description":"Section 34(2) imposes a mandatory obligation on the head of a reporting entity to notify the commission within 3 business days (maximum penalty 100 penalty units). Section 34(4) provides a reasonable excuse if the head 'reasonably believes another person has notified the commission under the subsection'. However, sec.34 notification is an obligation on the HEAD specifically — other persons notifying the commission under sec.33 or sec.34 from different roles cannot logically satisfy the head's specific statutory duty, yet sec.34(4) conflates these distinct obligations."},{"severity":"medium","section_a":"sec.25(3)(d)","section_b":"sec.36(1)","confidence":0.78,"description":"Section 25(3)(d) states that a police investigation 'has priority over any other investigation of the conduct under this chapter'. Section 36(1) requires the head of a reporting entity to begin an internal investigation 'as soon as practicable' after becoming aware of a reportable allegation — with no automatic stay pending police investigation. These provisions are in tension: the priority principle is stated but no operative mechanism suspends the mandatory internal investigation obligation during a police investigation."},{"severity":"medium","section_a":"sec.18(2)(b)","section_b":"sec.9","confidence":0.73,"description":"Section 18(2)(b) requires the compliance notice to identify 'each child safe standard the commission believes the entity has not implemented or with which the entity has not complied with'. Section 9 sets out the child safe standards in broad aspirational terms (e.g., 'child safety and wellbeing is embedded in organisational leadership'). The standards are so broadly stated that it may be practically impossible to identify with legal precision which standard has been breached for the purpose of a compliance notice, creating tension between the specificity required by sec.18 and the generality of the standards in sec.9."},{"severity":"medium","section_a":"sec.37(1)","section_b":"sec.37(3)","confidence":0.75,"description":"Section 37(1) imposes a mandatory obligation (with a 100 penalty unit maximum) on the head of a reporting entity to prepare and give a final report 'as soon as practicable after the investigation is completed'. Section 37(3) exempts the head from this obligation if a sector regulator or the commission asks the entity to end its investigation. However, if the commission or sector regulator asks the entity to end its investigation, there is no provision requiring the commission or sector regulator to then produce its own final report within any specified timeframe, potentially leaving reportable allegations with no final written determination."}]},"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":8,"scope_assessment":{"changed":true,"description":"The Act's scope appears broader than a simple 'child safe standards' framework might initially suggest. It combines what were previously separate policy areas — child safe standards implementation AND a full reportable conduct scheme (prevention, reporting, investigation, and enforcement) — into a single integrated Act. The inclusion of a 'universal principle' for Aboriginal and Torres Strait Islander children as a mandatory, enforceable obligation (not merely aspirational) and the very broad definition of 'worker' (extending to volunteers, labour hire, ministers of religion, household members of foster carers, etc.) extend the reach significantly beyond what a narrowly scoped child protection compliance law would cover. The power to expand coverage via regulation also means the practical scope can grow beyond what is specified in the Act itself."},"complexity_factors":["Staged commencement across four separate dates (October 2025, January 2026, April 2026, July 2026) with different provisions activating at each date, creating significant transition complexity","Multiple overlapping regulatory layers: child safe entities, reporting entities, sector regulators, the QFCC commission, police service, and courts all have distinct and interacting roles","Two separate but interrelated compliance regimes: the child safe standards regime (Chapter 2) and the reportable conduct regime (Chapter 3), each with different obligations and enforcement mechanisms","Broad and nuanced definitions — particularly 'worker' (10+ categories), 'reportable conduct' (6 categories with exceptions), 'reportable allegation', and 'reportable conviction' — with significant boundary cases","Extensive cross-referencing between sections, chapters, and schedules (multiple schedules referenced but not fully included in the excerpt), requiring readers to navigate many provisions simultaneously","Interplay with numerous other Queensland and Commonwealth laws (Criminal Code, Child Protection Act 1999, Public Sector Act 2022, Labour Hire Licensing Act 2017, Partnership Act 1891)","Multiple enforcement pathways (compliance notices, enforceable undertakings, court applications, publication/naming, criminal penalties) with different thresholds and procedures for each","Investigation obligations with complex priority rules (police investigations take precedence), reporting timelines (3 and 30 business day deadlines), and exemption mechanisms","The 'universal principle' for Aboriginal and Torres Strait Islander children adds an additional layer of substantive obligation running across all other requirements","Regulatory power to expand or contract scope via regulations and gazette notices adds ongoing uncertainty about who is covered"],"plain_english_summary":"The Child Safe Organisations Act 2024 creates a legally enforceable framework requiring organisations and people who work with children in Queensland to adopt child‑safe practices, report and investigate serious misconduct, and meet child‑safe standards. It covers schools, clubs, care services, government agencies and a wide range of workers (employees, volunteers, contractors, ministers, foster carers).\n\nThe Queensland Family and Child Commission enforces compliance, can require fixes, publish non‑compliance, and seek penalties; breaches attract fines, court orders and public naming—making child‑safety mandatory rather than voluntary."},"kimi_summary":{"_metrics":{"completionTokens":522},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its stated purposes of protecting children from harm and promoting child safety. The scope covers child safe standards implementation and a reportable conduct scheme as originally intended, with no significant expansion beyond these core objectives."},"complexity_factors":["Multiple overlapping entity categories (child safe entities vs reporting entities with different definitions)","10 detailed child safe standards plus universal principle with compliance monitoring","Complex reportable conduct definitions with nested exceptions (reasonable discipline exclusion)","Multi-layered investigation framework (entity, sector regulator, commission with concurrent powers)","Extensive information sharing provisions across multiple Acts and jurisdictions","Staged commencement dates across 2025-2026 affecting different provisions","Detailed procedural requirements for notifications, investigations, and reports with strict timeframes","Cross-references to at least 8 other Queensland Acts for definitions and powers"],"plain_english_summary":"This Queensland law creates a comprehensive system to keep children safe in organisations. It does two main things:\n\n**1. Child Safe Standards (Chapter 2)**\nOrganisations that provide services or facilities specifically for children must implement 10 child safe standards. These cover leadership, child participation, family involvement, equity, worker suitability, complaint handling, training, safe environments, regular review, and documented policies. There's also a \"universal principle\" requiring cultural safety for Aboriginal and Torres Strait Islander children. The Queensland Family and Child Commission oversees compliance, can issue compliance notices, accept enforceable undertakings, and take court action for non-compliance.\n\n**2. Reportable Conduct Scheme (Chapter 3)**\nOrganisations that care for, supervise or have authority over children must have systems to prevent and respond to \"reportable conduct\" — this includes child sexual offences, sexual misconduct, ill-treatment, significant neglect, physical violence, and behaviour causing significant emotional or psychological harm. When allegations or convictions arise, heads of these organisations must notify the commission within 3 business days, investigate, and provide final reports. The commission can monitor investigations, ask sector regulators to investigate, or conduct its own investigations.\n\n**Who it affects:** Child safe entities (organisations providing child-specific services), reporting entities (those with authority over children), workers in these organisations, and the Queensland Family and Child Commission as regulator.\n\n**Why it matters:** It creates legally enforceable standards and a mandatory reporting and investigation scheme for serious misconduct involving children, with oversight to ensure organisations actually protect children rather than just having policies on paper."}},"importantCases":[],"_links":{"self":"/api/acts/child-safe-organisations-act-2024","history":"/api/acts/child-safe-organisations-act-2024/history","analysis":"/api/acts/child-safe-organisations-act-2024/analysis","conflicts":"/api/acts/child-safe-organisations-act-2024/conflicts","importantCases":"/api/acts/child-safe-organisations-act-2024/important-cases","documents":"/api/acts/child-safe-organisations-act-2024/documents"}}