{"id":"F2021L01821","name":"Norfolk Island Applied Laws and Service Delivery (Queensland) Ordinance 2021","slug":"norfolk-island-applied-laws-and-service-delivery-queensland-ordinance-2021","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":102223,"registerId":"commonwealth-F2021L01821-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This Ordinance is the Norfolk Island Applied Laws and Service Delivery (Queensland) Ordinance 2021.","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This Ordinance is made under section 19A of the Norfolk Island Act 1979.","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Simplified outline of this Ordinance","content":"#### 4 Simplified outline of this Ordinance\n\nThe laws of Queensland, as in force in Queensland from time to time, form part of the law of the Territory. In this Ordinance, the term “applied laws” is used to refer to Queensland laws in their character as laws of the Territory.\n\nApplied laws may be amended or repealed by an Ordinance made under section 19A of the Norfolk Island Act 1979 or by a law made under such an Ordinance. An Ordinance may also suspend the operation of an applied law for a period.\n\nThis Ordinance amends, repeals and suspends applied laws as set out in the items in the Schedules to this Ordinance.\n\nThe items are to be read together with the Queensland laws in order to understand the operation of the applied laws in the Territory. The items continue in effect according to their terms from time to time and may be amended or repealed by subsequent Ordinances or by rules made under this Ordinance.\n\nThis Ordinance also provides for rules to be made to support the delivery of services to Norfolk Island under an arrangement between the Commonwealth and Queensland. Under section 66A of the Norfolk Island Act 1979, rules may adopt Queensland laws.","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n  In this Ordinance:\n\n> applied industrial relations law means any of the following applied laws:\n\n    (a) the Industrial Relations Act 2016 (Qld);\n    (b) the Public Sector Ethics Act 1994 (Qld);\n    (c) the Public Service Act 2008 (Qld);\n    (d) the Superannuation (State Public Sector) Act 1990 (Qld);\n    (e) the Workers’ Compensation and Rehabilitation Act 2003 (Qld);\n    (f) the Work Health and Safety Act 2011 (Qld).\n\n> applied law means a law of Queensland as in force in the Territory under section 18A of the Norfolk Island Act 1979.\n\n> Queensland Act means an Act within the meaning of the Acts Interpretation Act 1954 (Qld) as it applies in the Territory from time to time.\n\n> Queensland statutory instrument means a statutory instrument within the meaning of the Statutory Instruments Act 1992 (Qld) as it applies in the Territory from time to time.\n\n> service delivery rule means a rule made under subsection 7(2).","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Interpretation Act","content":"#### 6 Interpretation Act\n\n  (1) The Interpretation Act 1979 (Norfolk Island) does not apply to this Ordinance or rules made under this Ordinance.\n\n> Note: The Acts Interpretation Act 1901 applies instead because this Ordinance and rules made under it are legislative instruments (see subsection 13(1) of the Legislation Act 2003).\n\n  (2) The Acts Interpretation Act 1954 (Qld), as it applies in the Territory from time to time, applies in relation to:\n    (a) an applied law that is a Queensland Act (including a Queensland Act as amended by this Ordinance); and\n    (b) subject to any contrary intention in the service delivery rule—a provision of a Queensland Act that is applied, adopted or incorporated, with or without modification, by a service delivery rule.\n  (3) The Statutory Instruments Act 1992 (Qld), as it applies in the Territory from time to time, applies in relation to:\n    (a) an applied law that is a Queensland statutory instrument (including a Queensland statutory instrument as amended by this Ordinance); and\n    (b) subject to any contrary intention in the service delivery rule—a provision of a Queensland statutory instrument that is applied, adopted or incorporated, with or without modification, by a service delivery rule.\n\n> Note: The Acts Interpretation Act 1954 (Qld) and the Statutory Instruments Act 1992 (Qld) are laws of Queensland in force in the Territory under section 18A of the Norfolk Island Act 1979.","sortOrder":4},{"sectionNumber":"6A","sectionType":"section","heading":"Interpretation and application of applied industrial relations laws","content":"#### 6A Interpretation and application of applied industrial relations laws\n\n  (1) Subject to this section, the Acts Interpretation Act 1954 (Qld) applies, without the amendments made by this Ordinance, in relation to an applied industrial relations law.\n  (2) A reference in an applied industrial relations law to Queensland in a geographical sense, however expressed, is taken to include a reference to the Territory.\n  (3) The following provisions of the Acts Interpretation Act 1954 (Qld), as amended by this Ordinance, apply in relation to an applied industrial relations law:\n    (a) section 26A (statutory bodies);\n    (b) section 36A (references to documents).\n  (4) An applied industrial relations law that provides for the appointment of a person to an office or position, or the removal or suspension of a person from an office or position, is not taken to require the appointment, removal or suspension of a person in the Territory separately from the appointment, removal or suspension of the person in Queensland.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Rules","content":"#### 7 Rules\n\n  (1) The Minister may, by legislative instrument, make rules amending this Ordinance:\n    (a) so as to amend or repeal an applied law; or\n    (b) so as to otherwise affect the operation of an applied law (but not to suspend the operation); or\n    (c) to make application, saving or transitional provision in relation to any amendments, repeals or provisions affecting the operation of applied laws.\n  (2) The Minister may, by legislative instrument, make rules necessary or convenient for supporting the delivery of services to Norfolk Island under an arrangement between the Commonwealth and Queensland.\n  (3) Subject to subsection (4), the rules may not do the following:\n    (a) create an offence or civil penalty;\n    (b) provide powers of:\n    (i) arrest or detention; or\n    (ii) entry, search or seizure;\n    (c) impose a tax.\n  (4) Subsection (3) does not prevent rules made under subsection (2) from applying, adopting or incorporating, with or without modification, a provision of a law of Queensland.\n\n> Note: The rules may apply, adopt or incorporate such a provision as in force at a particular time or as in force from time to time: see section 66A of the Norfolk Island Act 1979.\n\n  (5) Rules must not be made under subsection (2) on or after 1 January 2023.\n  (6) The Minister may, in writing, delegate the Minister’s powers under this section to:\n    (a) the Secretary of the Department; or\n    (b) a Deputy Secretary of the Department.\n  (7) However, an instrument of delegation made under subsection (6) is of no effect on or after 1 January 2023.\n  (8) In exercising powers under a delegation, the delegate must comply with any directions of the Minister.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Powers under Queensland laws incorporated by service delivery rules","content":"#### 8 Powers under Queensland laws incorporated by service delivery rules\n\n  (1) If a service delivery rule applies, adopts or incorporates, with or without modification, a provision of a law of Queensland (an adopted provision), then (subject to any contrary intention in the service delivery rule), the adopted provision has effect as if section 18B of the Norfolk Island Act 1979 applied to it with the following modifications:\n    (a) a reference in that section to an applied State law is taken to be a reference to the adopted provision;\n    (b) subsections 18B (2A) and (13) are taken to be omitted.\n  (2) If a service delivery rule applies, adopts or incorporates, with or without modification, a provision of a law of Queensland as in force from time to time (an adopted provision), then (subject to any contrary intention in the service delivery rule), the adopted provision has effect as if section 18E of the Norfolk Island Act 1979 applied to it with the following modifications:\n    (a) a reference in that section to an applied law is taken to be a reference to the adopted provision;\n    (b) the reference in paragraph 18E(4)(a) to being amended by a section 19A Ordinance is taken to be a reference to being modified by the service delivery rule.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Schedules","content":"#### 9 Schedules\n\n  (1) Each applied law that is specified in a Schedule to this Ordinance is amended or repealed as set out in the applicable items in the Schedule, and any other item in a Schedule to this Ordinance has effect according to its terms.\n  (2) The amendments, repeals and other items set out in the Schedules to this Ordinance continue in effect according to their terms from time to time.\n  (3) If:\n    (a) an item in a Schedule to this Ordinance amends, repeals, suspends or otherwise affects an applied law; and\n    (b) the item is amended or repealed;\n  then, to the extent to which the law remains a law in force in Queensland, the applied law continues in force in the Territory in accordance with section 18A of the Norfolk Island Act 1979 and this Ordinance as amended.","sortOrder":8},{"sectionNumber":"14K","sectionType":"section","heading":"Queensland Acts","content":"#### 14K Queensland Acts\n\n  (1) A reference in this Act, an applied law or an adopted law to the short title of an Act followed by “(Qld)” is a reference to the Act as in force in Queensland from time to time.\n  (2) A reference in this Act, an applied law or an adopted law to the short title of an Act followed by “(Qld)(NI)” is a reference to the Act as in force in the Territory of Norfolk Island from time to time.\n  (3) A reference in this Act, an applied law or an adopted law to the short title of a Queensland Act (other than a Queensland Act the operation of which is suspended in the Territory) is taken to be a reference to the Act as in force in the Territory of Norfolk Island from time to time.","sortOrder":9},{"sectionNumber":"14L","sectionType":"section","heading":"Queensland instruments","content":"#### 14L Queensland instruments\n\n  (1) A reference in this Act, an applied law or an adopted law to an instrument followed by “(Qld)” is a reference to the instrument as in force in Queensland from time to time.\n  (2) A reference in this Act, an applied law or an adopted law to an instrument followed by “(Qld) (NI)” is a reference to the instrument as in force in the Territory of Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act.\n\n1AB At the end of Part 7\n\nAdd:","sortOrder":10},{"sectionNumber":"22D","sectionType":"section","heading":"Modification of prerequisites for Norfolk Island Minister to take action","content":"#### 22D Modification of prerequisites for Norfolk Island Minister to take action\n\n  (1) This section applies if:\n    (a) an applied law or an adopted law is expressed (ignoring section 18B of the Norfolk Island Act) to make:\n    (i) a recommendation (however described) about a matter; or\n    (ii) an approval (however described) of a matter;\n    by a Minister or an authority established or appointed by or under an applied law, an adopted law or a law of Queensland a prerequisite for a person to exercise a function; and\n    (b) the Norfolk Island Minister has that function because of section 18B of the Norfolk Island Act.\n  (2) The Norfolk Island Minister may exercise the function without receiving or following the Minister’s or authority’s recommendation about the matter or approval of the matter.\n  (3) This section applies to a person in whom a power is vested, or to whom a power is delegated, under paragraph 18B(3)(a) or (b) of the Norfolk Island Act, in the same way that applies to the Norfolk Island Minister:","sortOrder":11},{"sectionNumber":"22E","sectionType":"section","heading":"Norfolk Island Minister not required to interact with himself or herself","content":"#### 22E Norfolk Island Minister not required to interact with himself or herself\n\n  (1) The Norfolk Island Minister need not comply with a requirement that:\n    (a) is imposed on the Norfolk Island Minister by an applied law or an adopted law (as affected by section 18B of the Norfolk Island Act or otherwise); and\n    (b) because of section 18B of the Norfolk Island Act, is a requirement for the Norfolk Island Minister to do something in relation to the Norfolk Island Minister:\n    (i) before taking another action; or\n    (ii) in the process of taking another action; or\n    (iii) after taking another action.\n\n> Note: Some examples of a requirement to which this section applies are if an applied law or an adopted law (ignoring section 18B of the Norfolk Island Act) says:\n\n    (a) the Governor may do something on the advice of a Minister; or\n    (b) an authority must give the Minister notice of a decision or action the authority has taken.\n  (2) To avoid doubt, if the Norfolk Island Minister takes the other action, its validity is not affected merely because the Norfolk Island Minister did not or does not comply with the requirement.\n  (3) This section applies to a person in whom a power is vested, or to whom a power is delegated, under paragraph 18B(3)(a) or (b) of the Norfolk Island Act, in the same way that applies to the Norfolk Island Minister:","sortOrder":12},{"sectionNumber":"22F","sectionType":"section","heading":"Special rules relating to the Parliament","content":"#### 22F Special rules relating to the Parliament\n\n  Requirements relating to the Parliament that need not be complied with\n  (1) A person or body need not comply with a requirement imposed by an applied law or an adopted law on the person or body to do either of the following:\n    (a) give (however described) a thing to the Parliament, a committee of the Parliament or an officer or member of the Parliament;\n    (b) act consistently (however described) with a resolution or recommendation of the Parliament.\n  Failure to comply with the requirement does not affect the validity of any act.\n\n> Note 1: Applied laws or adopted laws may use various verbs to express requirements to give something to the Parliament, a committee of the Parliament, or an officer or member of the Parliament. Some examples of such verbs are giving, furnishing, laying before, presenting to, tabling, notifying, advising and providing.\n\n> Note 2: Applied laws or adopted laws may express in various ways a requirement for a person or body to act consistently with a resolution or recommendation of the Parliament. For example, applied laws or adopted laws may refer to a person or body doing something in accordance with a resolution of the Parliament, on the recommendation of the Parliament or on an address from the Parliament.\n\n  Acts valid despite absence of action relating to the Parliament\n  (2) Despite an applied law or an adopted law providing for a thing to be done by or in relation to the Parliament:\n    (a) before a function can be exercised by an authority other than the Parliament; or\n    (b) in connection with the exercise of a function, by such an authority;\n  the function may be exercised by the authority even though that thing has not been done, or is not done, by or in relation to the Parliament.\n\n2 After section 26\n\nInsert:","sortOrder":13},{"sectionNumber":"26A","sectionType":"section","heading":"Statutory bodies","content":"#### 26A Statutory bodies\n\n  If an applied law or adopted law establishes or requires the establishment or appointment of:\n    (a) a committee; or\n    (b) a board; or\n    (c) a registrar; or\n    (d) any other statutory body;\n  then the law is not taken to establish, or require the establishment or appointment of, the same kind of body in the Territory of Norfolk Island.\n\n2A After section 32DA\n\nInsert:","sortOrder":14},{"sectionNumber":"32DAA","sectionType":"section","heading":"References to Norfolk Island to be implied in references to persons or things etc","content":"#### 32DAA References to Norfolk Island to be implied in references to persons or things etc\n\n  In an applied law or an adopted law, to the extent that the context permits:\n    (a) a reference to a person in or of Queensland is to be read as if it were a reference to such a person in or of the Territory of Norfolk Island; and\n    (b) a reference to locality or other thing in or of Queensland is to be read as if it were a reference to such a locality or thing in or of the Territory of Norfolk Island.\n\n3 At the end of Part 8\n\nAdd:","sortOrder":15},{"sectionNumber":"36A","sectionType":"section","heading":"References to documents","content":"#### 36A References to documents\n\n  If an applied law or adopted law requires or permits something to be done in accordance with, or having regard to, a document made, approved or published under, or for the purposes of, an applied law, adopted law or a law of Queensland, the reference to the document is taken to be a reference to:\n    (a) any such document made, approved or published in relation to the Territory of Norfolk Island in force or existing at the time the thing is to be done (the relevant time); or\n    (b) if there is no document made, approved or published in relation to the Territory of Norfolk Island in force or existing at the relevant time—the document made, approved or published under, or for the purposes of, the law as in force in Queensland, as the document is in force or exists at the relevant time.\n\n3AA Section 39\n\nAdd at the end:\n\n  (4) In subsection (1):\n    (a) a reference to document includes a plaint, summons, writ, subpoena or other process issued out of a court or tribunal in accordance with an enactment or a rule of court; and\n    (b) a reference to:\n    (i) the address of the place of residence or business of a person; or\n    (ii) the head office, a registered office or a principal office of a body corporate;\n    includes, where that address is in Norfolk Island, a Post Office Box number registered in the name of, or of a business owned by, that person or in the name of that corporation.\n\n3AAA Section 39A\n\nAdd at the end:\n\n  (4) Despite paragraph (1)(b), if:\n    (a) the address to which the letter is posted is a Post Office Box address in Norfolk Island; and\n    (b) the person to whom it is addressed is not present on Norfolk Island on or after the day following the date of posting;\n  service is not taken to have been effected until the day following the person’s return to Norfolk Island or such earlier day that that the document was in fact received by the person.\n\n3A Subsection 44(1)\n\nOmit “Justices Act 1886”, insert “Court of Petty Sessions Act 1960 (NI)”.\n\n3B Section 49A\n\nBefore “If a provision”, insert (1)\n\n3C At the end of section 49A\n\nAdd:\n\n  Courts—Norfolk Island\n  (2) In a matter arising under an applied law or an adopted law, jurisdiction is taken to be conferred on the following, to the extent permitted by the Commonwealth Constitution:\n    (a) if the Supreme Court of Queensland has jurisdiction in the matter in relation to Queensland—the Supreme Court of Norfolk Island;\n    (b) if the District Court of Queensland has jurisdiction in the matter in relation to Queensland—the Supreme Court of Norfolk Island;\n    (c) if the Magistrates Court of Queensland has jurisdiction in the matter in relation to Queensland—the Court of Petty Sessions of Norfolk Island;\n    (d) if the Children’s Court of Queensland has jurisdiction in the matter in relation to Queensland—the Court of Petty Sessions of Norfolk Island.\n  Tribunals—Norfolk Island\n  (3) A power or function conferred on the Queensland Civil and Administrative Tribunal under an applied law or an adopted law is taken to be, to the extent permitted by the Commonwealth Constitution:\n    (a) conferred on the Administrative Review Tribunal of Norfolk Island for the purposes of the applied law or adopted law as in force in the Territory of Norfolk Island; and\n    (b) to be exercised or performed by the Administrative Review Tribunal of Norfolk Island in accordance with the Administrative Review Tribunal Act 1996 of Norfolk Island.\n  (4) A reference in an applied law or an adopted law to a provision of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) in relation to asking or applying for review, giving notice, extensions of time or any other matter, is to be read as if it were a reference to the corresponding provision of the Administrative Review Tribunal Act 1996 (NI).\n\n3D After section 49A\n\nInsert:","sortOrder":16},{"sectionNumber":"49B","sectionType":"section","heading":"References to Norfolk Island to be implied in references to courts and tribunals etc","content":"#### 49B References to Norfolk Island to be implied in references to courts and tribunals etc\n\n  In an applied law or an adopted law, to the extent permitted by the Commonwealth Constitution:\n    (a) a reference to the Queensland Civil and Administrative Tribunal, QCAT or the Tribunal is to be read as if it were a reference to the Administrative Review Tribunal of Norfolk Island; and\n    (b) a reference to the Magistrates Court or the Children’s Court is to be read as if it were a reference to the Court of Petty Sessions of Norfolk Island; and\n    (c) a reference to the Supreme Court or the District Court is to be read as if it were a reference to the Supreme Court of Norfolk Island.\n\n4 Section 52\n\nBefore “In every Act—”, insert “(1)”.\n\n5 At the end of section 52\n\nAdd:\n\n  (2) A reference in an Act to the Crown, or to the Crown in right of Queensland, is to be read as if it were a reference to the Crown in right of the Commonwealth unless the context precludes that meaning.\n\n5B After section 52A\n\nInsert:","sortOrder":17},{"sectionNumber":"52AB","sectionType":"section","heading":"References to apprenticeship or traineeship under Further Education and Training Act 2014","content":"#### 52AB References to apprenticeship or traineeship under Further Education and Training Act 2014\n\n  In an applied law or an adopted law (other than the Further Education and Training Act 2014 (Qld)(NI)), a reference to an apprenticeship, a traineeship, or a training or employment skills program under the Further Education and Training Act 2014 is to be read as if it included a reference to the following:\n    (a) a VET accredited course within the meaning of the National Vocational Education and Training Regulator Act 2011;\n    (b) an apprenticeship or traineeship (however described) conducted under an arrangement with the Norfolk Island Regional Council or any other body established for a public purpose under a law of the Territory of Norfolk Island.","sortOrder":18},{"sectionNumber":"52AC","sectionType":"section","heading":"References to police force and police officers","content":"#### 52AC References to police force and police officers\n\n  (1) A reference in a provision of an applied law or an adopted law to a police force (other than a provision that vests a power in a police force to which subsection18B(5B) of the Norfolk Island Act 1979 applies) is taken to be a reference to the Australian Federal Police.\n  (2) A reference in a provision of an applied law or an adopted law to a police officer holding, occupying or exercising the powers of a particular kind of office or position (other than a provision that vests a power in a police officer to which subsection 18B(5B) of the Norfolk Island Act 1979 applies) is taken to be a reference to:\n    (a) a member of the Police Force of Norfolk Island holding, occupying or exercising the powers of a corresponding office or position; and\n    (b) a member or special member of the Australian Federal Police holding, occupying or exercising the powers of a corresponding office or position in Norfolk Island.\n  (3) To the extent that subsection (2) does not provide otherwise, a reference in an applied law or an adopted law to a police officer means a member of the Police Force of Norfolk Island or a member or special member of the Australian Federal Police.","sortOrder":19},{"sectionNumber":"52AD","sectionType":"section","heading":"References to Health Practitioner Regulation National Law","content":"#### 52AD References to Health Practitioner Regulation National Law\n\n  In an applied law or an adopted law, a reference to the Health Practitioner Regulation National Law in force in Queensland is to be read as if it included a reference to the National Law within the meaning of the Health Practitioners Act 1983 (NI).","sortOrder":20},{"sectionNumber":"52AE","sectionType":"section","heading":"Publication in Territory or Commonwealth Gazette","content":"#### 52AE Publication in Territory or Commonwealth Gazette\n\n  If an applied law or an adopted law requires or permits a person to publish an instrument or notice in the Gazette or the Government Gazette or in a newspaper circulating in the State (whatever the frequency of circulation) then the requirement is satisfied by, or the entitlement extends to publication of the instrument or notice in the Gazette, the Government Gazette, the Commonwealth Gazette or the Territory Gazette.\n\n5C Before section 52B\n\nInsert:","sortOrder":21},{"sectionNumber":"52AF","sectionType":"section","heading":"Publication on websites","content":"#### 52AF Publication on websites\n\n  If an applied law or an adopted law requires or permits a person to publish something on the whole‑of‑government website, a department’s website or the website of another entity established for a public purpose by or under a law of Queensland, the requirement is satisfied by, or the entitlement extends to publication of the thing on the website of the Norfolk Island Department.\n\n6 Schedule 1\n\nInsert:\n\n> adopted law means a law of Queensland applied, adopted or incorporated by a legislative instrument made under the Norfolk Island Act, other than an applied law.\n\n> applied law means a law of Queensland as in force in the Territory of Norfolk Island under section 18A of the Norfolk Island Act.\n\n6A Schedule 1 (definition of charge)\n\nRepeal the definition, substitute:\n\n> charge, of an offence, means a charge in any form, including a charge on arrest, a charge by the court, a complaint and an indictment.\n\n6B Schedule 1 (definitions of Childrens Court judge and Childrens Court magistrate)\n\nRepeal the definitions, substitute:\n\n> Childrens Court judge means a magistrate.\n\n> Childrens Court magistrate means a magistrate.\n\n6C Schedule 1\n\nInsert:\n\n> Commonwealth Gazette means the Commonwealth of Australia Gazette.\n\n6CA Schedule 1\n\nInsert:\n\n> Commonwealth Government Printer includes any person printing for the Government.\n\n6D Schedule 1 (definition of Consolidated Fund)\n\nRepeal the definition, substitute:\n\n> Consolidated Fund means the Consolidated Revenue Fund referred to in section 81 of the Commonwealth Constitution.\n\n6DA Schedule 1\n\nInsert:\n\n> law of the State means the laws (whether written or unwritten and whether substantive or procedural) that are from time to time in force in the Territory of Norfolk Island.\n\n6DB Schedule 1, definition of local government\n\nAdd at the end:\n\n    ; or (c) the body declared to be the Norfolk Island Regional Council by the Norfolk Island Regional Council Declaration Ordinance 2016 of the Commonwealth.\n\n6DC Schedule 1, definition of local government area\n\nRepeal the definition, substitute:\n\n> local government area means:\n\n    (a) a local government area under the Local Government Act 2009; or\n    (b) the area for which a body is declared to be the Norfolk Island Regional Council by the Norfolk Island Regional Council Declaration Ordinance 2016 of the Commonwealth.\n\n6E Schedule 1 (definition of magistrate)\n\nRepeal the definition, substitute:\n\n> magistrate means a magistrate appointed under section 6 of the Court of Petty Sessions Act 1960 (NI).\n\n6EA Schedule 1\n\nInsert:\n\n> Norfolk Island Act means the Norfolk Island Act 1979 of the Commonwealth.\n\n> Norfolk Island Department means the Department of State of the Commonwealth responsible for the administration of the Norfolk Island Act.\n\n> Norfolk Island Minister means the Commonwealth Minister who administers the Norfolk Island Act.\n\n6F Schedule 1 (definition of police officer)\n\nRepeal the definition.\n\n6G Schedule 1 (definition of public holiday)\n\nRepeal the definition, substitute:\n\n> public holiday means a public holiday within the meaning of the Employment Act 1988 (NI).\n\n6H Schedule 1\n\nInsert:\n\n> Territory enactment means an enactment within the meaning of the Norfolk Island Act.\n\n> Territory Gazette means the Norfolk Island Government Gazette.\n\n> Territory of Norfolk Island means the Territory of Norfolk Island as described in Schedule 1 to the Norfolk Island Act.\n\n7 Schedule 1 (definition of the State)\n\nRepeal the definition, substitute:\n\n> the State:\n\n    (a) when used in a geographical sense—means the Territory of Norfolk Island; and\n    (b) when used in any other sense—means the Territory of Norfolk Island unless the context precludes that meaning.\n\nSchedule 3—Amendments of the Education (General Provisions) Act 2006 (Qld)\n\nEducation (General Provisions) Act 2006 (Qld)\n\n1 Paragraph 10(5)(a)\n\nOmit “guardianship of a child under the Child Protection Act 1999”, substitute “an order for the parental responsibility of a child under the Child Welfare Act 2009 (NI)”.\n\n2 Paragraph 11(4)(d)\n\nRepeal the paragraph.\n\n3 Paragraph 11(4)(e)\n\nOmit “Queensland”, substitute “the Territory of Norfolk Island”.\n\n4 After subsection 12(2)\n\nInsert\n\n  (3) This section applies to a student attending the Norfolk Island Central School for years 11 or 12 of schooling during the relevant school years as if a reference in this section to an educational program approved by the Minister were a reference to the syllabuses licensed by the New South Wales Education Standards Authority to the Commonwealth for use by the Department to administer the senior secondary curriculum at the Norfolk Island Central School.\n  (4) In subsection (3):\n  relevant school years means the 2022 and 2023 school years and any subsequent school year in relation to which syllabuses are licensed by the New South Wales Education Standards Authority to the Commonwealth for use by the Department to administer the curriculum at the Norfolk Island Central School.\n\n5 Section 13\n\nBefore “The Minister”, insert “(1)”.\n\n6 At the end of section 13\n\nAdd:\n\n  (2) The Norfolk Island Central School is taken to be a State school established by the Minister under subsection (1).\n\n7 Part 3 of Chapter 2\n\nRepeal the Part.\n\n7A Section 47\n\nRepeal the section.\n\n8 Subsection 50(4)\n\nRepeal the subsection.\n\n9 Subsection 51(2)\n\nRepeal the subsection.\n\n10 After paragraph 53(1)(a)\n\nInsert:\n\n    (ab) the person lives in the Territory of Norfolk Island; or\n\n11 After section 61\n\ninsert:","sortOrder":22},{"sectionNumber":"61A","sectionType":"section","heading":"Initial remaining allocation—transitional","content":"#### 61A Initial remaining allocation—transitional\n\n  (1) For each student who, immediately before the commencement day, is enrolled at the Norfolk Island Central School, the principal must decide the student’s initial remaining allocation.\n  (2) The principal must make the decision within 7 days after the start of term 1 of 2022.\n  (3) Subsections 62(2) and (4) apply to a decision made under this section.\n  (4) In this section:\n\n> commencement day means the day the Norfolk Island Applied Laws and Service Delivery (Queensland) Ordinance 2021 commences.\n\n  (5) This section is repealed at the end of 1 January 2023.\n\n12 Subsection 104(1)\n\nRepeal the subsection, substitute:\n\n  (1) This section applies to a person who:\n    (a) stands for election as an elected member of a school council; or\n    (b) consents to be appointed as an appointed member of a school council (whether or not the council has decided to appoint the person.\n  (1A) The person must disclose the person’s criminal history, including whether a conviction has been recorded or not, in relation to offences that are the same as, or substantially the same as, the offences specified in item 5(2) of the table in section 9A of the Criminal Law (Rehabilitation of Offenders) Act 1986.\n\n13 Section 105\n\nOmit “a public authority under the Public Records Act 2002.”, substitute “taken to be an authority of the Commonwealth under the Archives Act 1983 of the Commonwealth.”.\n\n14 Section 133\n\nRepeal the section.\n\n15 Section 135\n\nOmit “Subject to the Auditor‑General Act 2009, the”, substitute “The”.\n\n16 Section 145\n\nRepeal the section.\n\n17 At the end of Chapter 7\n\nAdd:","sortOrder":23},{"sectionNumber":"154A","sectionType":"section","heading":"Parents and citizens association for Norfolk Island Central School","content":"#### 154A Parents and citizens association for Norfolk Island Central School\n\n  (1) This section applies to an association that, under section 117A of the Education Act 1990 (NSW) (NI), continued in existence after the commencement of Schedule 2 to the Norfolk Island Legislation Amendment (Public Sector Employment and Education) Ordinance 2018 of the Commonwealth as if it were a parents and citizens association constituted under subsection 115 of the Education Act 1990 (NSW).\n  (2) The association continues in existence after the commencement day as if it were a parents and citizens association constituted under this Chapter.\n  (3) The rules of the association as in force immediately before the commencement day are, after the commencement day, taken to be the constitution of the association adopted by the association for subsection 131(2) and approved by the chief executive under subsection 131(3).\n  (4) To remove any doubt, rules of the association that are taken to be the constitution of the association under subsection (3) may be amended by the association in accordance with subsections 131(2) and (3).\n  (5) In this section:\n\n> commencement day means the day the Norfolk Island Applied Laws and Service Delivery (Queensland) Ordinance 2021 commences.\n\n18 Section 155A\n\nRepeal the section.\n\n19 Section 155B\n\nRepeal the section.\n\n20 Paragraph 156(1A)(a)\n\nOmit “or non‑State school”.\n\n20A Subsection 156(1)\n\nOmit “(1A), (2) and (3), substitute “(1A) and (2)”.\n\n20B Subsections 156(2A) and (3)\n\nRepeal the subsections.\n\n20C Division 3 of Part 1 of Chapter 8\n\nRepeal the Division.\n\n20D Parts 3 and 4 of Chapter 8\n\nRepeal the Parts.\n\n20E Chapter 8A\n\nRepeal the Chapter.\n\n21 Chapter 8B\n\nRepeal the Chapter.\n\n22 Section 176\n\nOmit “or non‑State school” (wherever occurring).\n\n23 Section 177\n\nOmit “or non‑State school” (wherever occurring).\n\n24 Section 178\n\nOmit “or non‑State school” (wherever occurring).\n\n25 Subsection 178(5)\n\nRepeal the subsection, substitute:\n\n  (5) An authorised officer may ask a member of the police force for assistance to perform a function under this section and the member of the police force may give the authorised officer reasonable assistance as requested.\n\n26 Division 2 of Part 1 of Chapter 9\n\nRepeal the Division,\n\n26A Section 182\n\nRepeal the section.\n\n26B Subsection 183(2)\n\nRepeal the subsection, substitute:\n\n  (2) The chief executive may approve the arrangements only if:\n    (a) a teacher has prepared written assessments of:\n    (i) the student’s educational and other needs; and\n    (ii) the learning outcomes that the arrangements are intended to achieve; and\n    (iii) the suitability of each provider for the arrangements; and\n    (b) the chief executive has considered:\n    (i) the written assessments prepared under paragraph (a); and\n    (ii) how, and by whom, the student’s participation in the arrangements is to be monitored; and\n    (iii) how, and by whom, each provider’s involvement in the arrangements is to be monitored and its effectiveness evaluated; and\n    (c) the chief executive is satisfied the arrangements are appropriate, having regard to:\n    (i) the student’s individual needs and circumstances; and\n    (ii) what the chief executive considers is most likely to achieve the best learning outcomes for the student; and\n    (iii) the desirability, unless it would be inappropriate in all the circumstances, of the arrangements requiring the student’s participation at a level that is equivalent to full‑time participation in the school’s educational programs in the usual way; and\n    (iv) any other matter prescribed under a regulation.\n  (3) However, the chief executive must not approve the arrangements unless:\n    (a) if the student is of compulsory school age:\n    (i) a parent of the student has given written agreement to the arrangements; and\n    (ii) the chief executive has discussed the arrangements with the student to the extent the chief executive considers appropriate, having regard to the student’s age and other relevant circumstances; or\n    (b) if the student is in the compulsory participation phase:\n    (i) the student gives written agreement to the arrangements; and\n    (ii) the chief executive has discussed the arrangements with the student’s parents to the extent the chief executive considers is practicable and appropriate in the circumstances.\n  (4) Subsection (3)(a)(i) does not apply if the chief executive is satisfied it would be inappropriate in the circumstances to require the written agreement of a parent.\n\n> Note: Example: It may be inappropriate to require a parent’s written agreement if the student is living independently of their parents.\n\n  (5) In this section:\n\n> provider, in relation to arrangements for a student, means an entity directly involved in providing a program to the student under the arrangements.\n\n> student means a student who is of compulsory school age or in the compulsory participation phase.\n\n27 Section 184 (definition of exemption)\n\nRepeal the definition, substitute:\n\n> exemption means exemption from compliance from subsection 176(1).\n\n28 Section 184 (definition of relevant decision‑maker)\n\nRepeal the definition.\n\n28A Subsection 185(3)\n\nRepeal the subsection.\n\n28B Section 185A\n\nRepeal the section.\n\n28C Subsection 186(1)\n\nRepeal the subsection, substitute:\n\n  (1) A parent of a child may apply to the chief executive for an exemption for the child.\n\n28D Subsection 186(2)\n\nOmit “relevant decision‑maker”, substitute “chief executive”.\n\n28E Section 187\n\nOmit “relevant decision‑maker” (wherever occurring), substitute “chief executive”.\n\n28F Subsection 188(1)\n\nOmit “(1) For”, substitute “For”.\n\n28G Subsection 188(2)\n\nRepeal the subsection.\n\n28H Sections 189 to 192\n\nOmit “relevant decision‑maker” (wherever occurring), substitute “chief executive”.\n\n28J Division 5 of Part 3 of Chapter 9\n\nRepeal the Division.\n\n29 Section 199\n\nRepeal the section.\n\n30 Section 200\n\nRepeal the section, substitute:","sortOrder":24},{"sectionNumber":"200","sectionType":"section","heading":"Child’s exclusion or suspension","content":"#### 200 Child’s exclusion or suspension\n\n  (1) Subsection 176(1) does not apply to a child who is excluded from a State school.\n  (2) Paragraph 176(1)(b) does not apply to a child who is suspended from a State school at which the child is enrolled while the child is suspended and the child’s access to an educational program under section 284, 294 or 301 has not been arranged.\n  (3) In this section:\n  suspended means suspended under Chapter 12, Part 3.\n\n31 Subsection 201(1)\n\nOmit “or non‑State school”.\n\n32 Part 5 of Chapter 9\n\nRepeal the Part.\n\n33 Subsection 230(1)\n\nOmit “State school or non‑State school,”, substitute “State school,”.\n\n34 Subsection 232(1), table, column 1\n\nOmit “an educational program provided under the Education (Accreditation of Non‑State Schools) Act 2017”.\n\n35 Section 232(1), table, column 2\n\nOmit “a non‑State school”.\n\n36 Paragraph 235(b), example\n\nOmit “or non‑State school”.\n\n36A Subsection 241(5)\n\nRepeal the subsection, substitute:\n\n  (5) An authorised officer may ask a member of the police force for assistance to perform a function under this section and the member of the police force may give the authorised officer reasonable assistance as requested.\n\n37 Subsection 244(3)\n\nRepeal the subsection.\n\n38 Section 244A\n\nRepeal the section,\n\n39 Subsection 245(1)\n\nOmit all the words after “apply to”, substitute “the chief executive for an exemption from the requirement that the young person participate in an eligible option.”\n\n40 Sections 245(3) and (4)\n\nOmit “relevant decision‑maker”, substitute “chief executive”.\n\n41 Section 246\n\nOmit “relevant decision‑maker”, substitute “chief executive” (wherever occurring).\n\n42 Section 247\n\nOmit “relevant decision‑maker”, substitute “chief executive” (wherever occurring).\n\n43 Section 248\n\nOmit “relevant decision‑maker”, substitute “chief executive” (wherever occurring).\n\n44 Section 249\n\nOmit “relevant decision‑maker”, substitute “chief executive” (wherever occurring).\n\n45 Division 4 of Part 5 of Chapter 10\n\nRepeal the Division.\n\n46 Chapter 12, heading\n\nOmit “and non‑State schools”.\n\n46A Section 335, paragraph (c) of the definition of exempt person\n\nRepeal the paragraph.\n\n47 Section 335, paragraph (d) of the definition of exempt person\n\nAfter “premises”, insert “or any other member of staff of the institution”.\n\n48 Part 6 of Chapter 12\n\nRepeal the Part.\n\n49 Part 7 of Chapter 12, heading\n\nOmit “and non‑State schools”.\n\n50 Section 352, heading\n\nOmit “and non‑State schools”.\n\n51 Subsection 352(1)\n\nOmit “and non‑State schools”.\n\n52 Subsection 352(2)\n\nOmit “or non‑State school”.\n\n53 Section 355\n\nRepeal the section, substitute:","sortOrder":25},{"sectionNumber":"355","sectionType":"section","heading":"Non‑application of Part 5 to particular persons","content":"#### 355 Non‑application of Part 5 to particular persons\n\n  Part 5 does not apply to a person in relation to the exercise by the person of the person’s powers under an Act at the premises of a State instructional institution.\n\n54 Section 359\n\nRepeal the section.\n\n55AA Section 364 (definition of director)\n\nRepeal the definition.\n\n55A Paragraph 365(1)(c)\n\nRepeal the paragraph.\n\n55B Paragraph 365A(1)(c)\n\nRepeal the paragraph.\n\n55 Sections 366, 366A and 366B\n\nRepeal the sections.\n\n57 Chapter 13\n\nRepeal the Chapter.\n\n61 Paragraph 386(1)(a)\n\nOmit “or non‑State school”.\n\n63 Part 3 of Chapter 14\n\nRepeal the Part.\n\n64 Paragraph 407(2)(a)\n\nOmit “, or non‑State school’s,”.\n\n65 Subsection 407(3)\n\nRepeal the subsection,\n\n66 Subsection 408(1)\n\nOmit “the Justices Act 1886”, substitute “the Court of Petty Sessions Act 1960 (NI)”.\n\n67 Parts 1 and 1A of Chapter 19\n\nRepeal the Parts.\n\n68 Section 420, heading\n\nOmit “enrolled at non‑State school or”.\n\n69 Subsection 420(1)\n\nRepeal the subsection.\n\n70 Subsection 420(2)\n\nOmit “Also, subject to”, substitute “Subject to”.\n\n71AA Subsection 420A(2)\n\nOmit “(1) or”.\n\n71A Section 421\n\nRepeal the section.\n\n72 Section 423, heading\n\nOmit “or non‑State school’s governing body”.\n\n73 Section 423\n\nOmit “, or non‑State school’s governing body,” (wherever occurring).\n\n74 Subsection 424(1)\n\nOmit “, or non‑State school’s,”.\n\n75 Subsection 425(1)\n\nOmit “, or non‑State school’s,”.\n\n76 Subsection 425A(4) (definition of financial information)\n\nRepeal the definition,\n\n77 Subsection 426(2)\n\nRepeal the subsection.\n\n78 Subsection 426(5) (definition of employee)\n\nOmit “or relevant non‑State school”.\n\n79 Subsection 426(5), paragraph (b) of the definition of employee\n\nOmit “,or the relevant non‑State school’s governing body,”.\n\n80 Subsection 426(5) (definition of relevant non‑State school)\n\nRepeal the definition.\n\n80A Section 429B\n\nRepeal the section.\n\n80B Paragraph 428(1)(c)\n\nRepeal the paragraph.\n\n81 Schedule 4\n\nInsert\n\n> staff member, of a school, includes a member of the teaching staff and any other member of staff (whether an employee of Queensland or the Commonwealth).\n\n82 Schedule 4 (definition of allowance acquittal details)\n\nRepeal the definition.\n\n83 Schedule 4 (definition of board)\n\nRepeal the definition.\n\n83A Schedule 4 (definition of catchment area)\n\nRepeal the definition.\n\n84 Schedule 4 (definition of chief executive (child safety))\n\nRepeal the definition, substitute:\n\n> chief executive (child safety) means the child welfare officer appointed under the Child Welfare Act 2009 (NI).\n\n84A Schedule 4 (definition of criminal history)\n\nRepeal the definition.\n\n85 Schedule 4, paragraph (b) of the definition of educational program\n\nRepeal the paragraph.\n\n85A Schedule 4 (definitions of effective enrolment eligibility plan and effective enrolment management plan)\n\nRepeal the definitions.\n\n85B Schedule 4 (definition of enrolment management plan)\n\nRepeal the definition.\n\n85C Schedule 4 (paragraph (b) of the definition of external program)\n\nOmit “182 or”.\n\n86 Schedule 4 (definition of financial data)\n\nRepeal the definition.\n\n87 Schedule 4 (definitions of non‑State school and non‑State school in receipt of a subsidy)\n\nRepeal the definitions.\n\n87A Schedule 4 (definition person with a disability)\n\nRepeal the definition.\n\n87B Schedule 4 (definition police commissioner)\n\nRepeal the definition.\n\n88 Schedule 4 (definition of prescribed non‑State school)\n\nRepeal the definition.\n\n89 Schedule 4 (definition of principal)\n\nRepeal the definition.\n\n89AA Schedule 4 (definition of relevant decision‑maker)\n\nRepeal the definition, substitute:\n\n> relevant decision‑maker see section 245(1).\n\n89A Schedule 4 (definition of relevant mature age student)\n\nRepeal the definition.\n\n90 Schedule 4 (definition of review body)\n\nRepeal the definition.\n\n91 Schedule 4 (definition of school in receipt of a subsidy)\n\nRepeal the definition, substitute:\n\n> school in receipt of a subsidy means a State school.\n\n92 Schedule 4 (definition of school of distance education)\n\nRepeal the definition, substitute:\n\n> school of distance education means a State school providing distance education.\n\n93 Schedule 4 (definitions of kindergarten age child and kindergarten learning program)\n\nRepeal the definitions.\n\n94 Schedule 4 (definitions of prescribed non‑State school and prescribed State school)\n\nRepeal the definitions.\n\n95 Schedule 4 (definition of serious offence)\n\nRepeal the definition, substitute:\n\n> serious offence:\n\n    (a) has the same meaning as in section 15 of the Working with Children (Risk Management and Screening) Act (Qld); and\n    (b) without limiting paragraph 15(1)(g) of that Act, for an offence in a jurisdiction other than Queensland includes any offence that is the same, or substantially the same, as a serious offence mentioned in paragraph 15(1)(a) to (f) of that Act.\n\nSchedule 4—Amendments of the Education (General Provisions) Regulation 2017 (Qld)\n\nEducation (General Provisions) Regulation 2017 (Qld)\n\n1 Section 10 (definition of staff member)\n\nRepeal the definition, substitute:\n\n> staff member, of a State school, means a person employed by the Department at the school and any other staff member at the school authorised by the Principal for the purpose of this Division.\n\n1A Paragraph 12(3)(a)\n\nOmit “under the Police Powers and Responsibilities Act 2000”.\n\n1B Subsection 13(4)\n\nRepeal the subsection.\n\n1C Subsection 13(7)\n\nRepeal the subsection.\n\n1D Section 15\n\nRepeal the section.\n\n1E Subsections 17(1) and 18(1)\n\nOmit “, or non‑State school,”.\n\n2 Section 22(6) (definition of relevant authority)\n\nOmit “department in which the Child Protection Act 1999 is administered”, substitute: “child welfare officer appointed under the Child Welfare Act 2009 (NI)”.\n\n3 Sections 61 and 63\n\nRepeal the sections.\n\nSchedule 5—Amendments of the Education (Queensland College of Teachers) Act 2005 (Qld)\n\nEducation (Queensland College of Teachers) Act 2005 (Qld)\n\n1AA Subsection 15B(1)\n\nAfter “director of public prosecutions”, insert “of Queensland or the Director of Public Prosecutions of the Commonwealth (the relevant authority)”.\n\n1AB Subsection 15B(3)\n\nOmit “director of public prosecutions may comply with a request under subsection (1) if the director”, substitute “relevant authority may comply with a request under subsection (1) if the relevant authority”.\n\n1AC Subsections 15B(4) and (5)\n\nOmit “director of public prosecutions”, substitute “relevant authority”.\n\n1AD Subsection 15B(5)\n\nOmit “if the director”, substitute “if the relevant authority”.\n\n1AE Subsection 15B(6)\n\nOmit “director of public prosecutions”, substitute “relevant authority”.\n\n1 Subsections 74(2) and (3)\n\nRepeal the subsections.\n\n1B Paragraph 75(1)(b)\n\nAfter “commissioner of police”, insert “of Queensland or the Commissioner of Police of the Commonwealth (the relevant authority)”.\n\n1C Subsections 75(2), (4), (5) and (8)\n\nOmit “commissioner of police”, substitute “relevant authority”.\n\n1D Subsection 75(9) (paragraph (a) of the definition of personal information)\n\nOmit “commissioner of police”, substitute “relevant authority”.\n\n1E Paragraph 80(1)(b)\n\nOmit “or the director of public prosecutions”, substitute “of Queensland, the Commissioner of Police of the Commonwealth, the director of public prosecutions of Queensland or the Director of Public Prosecutions of the Commonwealth”.\n\n1F Subsection 112(1)\n\nOmit “or QCAT”, substitute “, or QCAT or the Administrative Review Tribunal of Norfolk Island (the relevant authority),”.\n\n1G Subsection 112(2)\n\nOmit “QCAT” (wherever occurring), substitute “the relevant authority”.\n\n1H At the end of section 112\n\nAdd:\n\n  (4) Section 49B of the Acts Interpretation Act 1954 (Qld)(NI) does not apply to this section.\n\n1J Subsection 286(1)\n\nOmit “or the commissioner of police”, substitute “of Queensland or the Commissioner of Police of the Commonwealth (the relevant authority), or the relevant authority”.\n\n2 After section 117\n\nInsert:","sortOrder":26},{"sectionNumber":"117A","sectionType":"section","heading":"Conduct of proceedings may use audio link etc","content":"#### 117A Conduct of proceedings may use audio link etc\n\n  Practice and conduct proceedings may be conducted by using an audio link, an audio visual link, or another form of communication technology that the PC&TC Committee decides.\n\n3 Sections 124 and 125\n\nRepeal the sections, substitute:","sortOrder":27},{"sectionNumber":"124","sectionType":"section","heading":"Constitution of Administrative Review Tribunal for practice and conduct proceedings","content":"#### 124 Constitution of Administrative Review Tribunal for practice and conduct proceedings\n\n  (1) For practice and conduct proceedings under this Act, the Administrative Review Tribunal of Norfolk Island must be constituted by:\n    (a) the President or Deputy President of the Tribunal; and\n    (b) 2 other members of the Tribunal.\n  (2) If practicable, 1 of the members should be a registered teacher or have practical teaching experience.","sortOrder":28},{"sectionNumber":"125","sectionType":"section","heading":"Presiding member of Administrative Review Tribunal","content":"#### 125 Presiding member of Administrative Review Tribunal\n\n  For practice and conduct proceedings under this Act, the presiding member of the Administrative Review Tribunal of Norfolk Island is the President or Deputy President of the Tribunal.\n\n4 Paragraph 181(b)\n\nRepeal the paragraph, substitute:\n\n    (b) to attend before the investigator to answer the questions by—\n    (i) attending in person at a stated reasonable time and place; or\n    (ii) attending by audio link or audio visual link at a stated time; or\n    (c) to produce a stated thing to the investigator by—\n    (i) attending before the investigator at a stated reasonable time and place to produce the thing; or\n    (ii) producing the thing at or before a stated reasonable time in another stated way that does not involve physical attendance before the investigator.\n\n> Note: Examples of ways a thing may be produced for subparagraph (c)(ii)—\n\n> Note: 1 by post\n\n> Note: 2 by email\n\n5 Section 225\n\nOmit “Justices Act 1886”, insert “Court of Petty Sessions Act 1960 (NI)”.\n\n5A Paragraph 228(3)(b)\n\nOmit “under the Criminal Code, Chapter 2,”, substitute “under Chapter 2.4 of the Criminal Code 2007 (NI),”.\n\n5B Section 236\n\nRepeal the section.\n\n5C Subsection 287(5) (definition of relevant agency)\n\nRepeal the definition, substitute:\n\n> relevant agency means:\n\n    (a) a department; or\n    (b) an interstate regulatory authority; or\n    (c) the Crime and Corruption Commission.\n\n5D Schedule 1\n\nOmit:\n\n    “236(5) college’s decision to refuse to approve a preservice teacher education program”.\n\n6 Schedule 3\n\nInsert:\n\n> audio link means facilities, including telephone, that enable reasonably contemporaneous and continuous audio communication between persons at different places.\n\n> audio visual link means facilities, including closed‑circuit television, that enable reasonably contemporaneous and continuous audio and visual communication between persons at different places.\n\n7 Schedule 3 (definition of charge)\n\nRepeal the definition, substitute:\n\n> charge, of an offence, means a charge in any form, including a charge on arrest, a charge by the court, a complaint and an indictment.\n\n8 Schedule 3 (definition of indictable offence)\n\nAfter “section 659”, insert “or the Criminal Code 2007 (NI), section 353”.\n\n9 Schedule 3 (definition of serious offence)\n\nRepeal the definition, substitute:\n\n> serious offence:\n\n    (a) has the same meaning as in section 15 of the Working with Children (Risk Management and Screening) Act (Qld); and\n    (b) without limiting paragraph 15(1)(g) of that Act, for an offence in a jurisdiction other than Queensland includes any offence that is the same, or substantially the same, as a serious offence mentioned in paragraph 15(1)(a) to (f) of that Act.\n\nSchedule 6—Amendments of the Education (Queensland College of Teachers) Regulation 2016 (Qld)\n\nEducation (Queensland College of Teachers) Regulation 2016 (Qld)\n\n1 Subsection 12(1)\n\nAdd at the end:\n\n    ; (d) an educational program based on syllabuses licensed by the New South Wales Education Standards Authority to the Commonwealth for use by the Department to administer the senior secondary curriculum at the Norfolk Island Central School in 2022 and 2023 or such other period as determined in the licensing agreement.\n\nSchedule 7—Amendments of the Education (Queensland Curriculum and Assessment Authority) Regulation 2014 (Qld)\n\nEducation (Queensland Curriculum and Assessment Authority) Regulation 2014 (Qld)\n\n1A Section 165\n\nRepeal the section.\n\n1B Item 9 of Schedule 1\n\nRepeal the item.\n\n1 Schedule 2 (definition of non‑Queensland studies)\n\nRepeal the definition, substitute:\n\n> non‑Queensland studies:\n\n    (a) means studies for which the results of a person’s assessment are issued by an interstate or overseas school, or another entity operating in another State or a foreign country; but\n    (b) does not include studies for which the results of a person’s assessment are, after 1 January 2022, issued by a Norfolk Island school.\n\nSchedule 7A—Amendments of the Further Education and Training Act 2014 (Qld)\n\nFurther Education and Training Act 2014 (Qld)\n\n1 Paragraph 17(5)(d)\n\nRepeal the paragraph.\n\n2 Paragraph 17(5)(e)\n\nOmit “an Act or law”, substitute “a law of the State”.\n\n3 Subsections 17(7) and (11)\n\nRepeal the subsections.\n\n4 Paragraph 59(4)(d)\n\nOmit “an Act of the State, another State or the Commonwealth”, substitute “a Territory enactment, an Act of Queensland (as in force in Queensland or as in force in the Territory of Norfolk Island), or an Act of another State or the Commonwealth”.\n\n5 Chapters 3 and 4A\n\nRepeal the Chapters.\n\n6 Section 113 (paragraph (c) of the definition of place)\n\nRepeal the paragraph, substitute:\n\n    (c) a place in waters within the Territory of Norfolk Island;\n\n7 Paragraph 132(5)(b)\n\nOmit “the court of the relevant Magistrates Court”, substitute “the Court of Petty Sessions of Norfolk Island”.\n\n8 Subsection 132(8)\n\nRepeal the subsection.\n\n9 Subsections 150(1) and 152(1)\n\nOmit “State”, substitute “Commonwealth”.\n\n10 Subdivision 5 of Division 2 of Part 4 of Chapter 5 (heading)\n\nOmit “State”, substitute “Commonwealth”.\n\n11 Section 154 (heading)\n\nOmit “State”, substitute “Commonwealth”.\n\n12 Section 154\n\nOmit “State” (wherever occurring), substitute “Commonwealth”.\n\n13 Subsections 155(1) and 163(1)\n\nOmit “State”, substitute “Commonwealth”.\n\n14 Paragraphs 167(1)(a) to (d)\n\nRepeal the paragraphs.\n\n15 Section 178\n\nOmit “Justices Act 1886”, substitute “Court of Petty Sessions Act 1960 (NI)”.\n\n16 Subsection 188(2) (paragraph (b) of the definition of official)\n\nOmit “inspector; or”, substitute “inspector.”.\n\n17 Subsection 188(2) (paragraphs (c) and (d) of the definition of official)\n\nRepeal the paragraphs.\n\n18 Subsection 194(2)\n\nOmit “State”, substitute “Commonwealth”.\n\n19 Subsection 194(4) (paragraph (c) of the definition of prescribed person)\n\nRepeal the paragraph.\n\n20 Subsection 194(4) (subparagraphs (d)(v) and (vi) of the definition of prescribed person)\n\nRepeal the subparagraphs.\n\n21 Division 3 of Part 2 of Chapter 9\n\nRepeal the Division.\n\n22 Schedule 1 (subparagraph (c)(i) of the definition of information notice)\n\nOmit “within 20 business days after the person receives the notice”.\n\nSchedule 7B—Amendments of the Further Education and Training Regulation 2014 (Qld)\n\nFurther Education and Training Regulation 2014 (Qld)\n\n1 Subsection 3(2) (example)\n\nRepeal the example.\n\nSchedule 8—Amendments of the Hospital and Health Boards Act 2011 (Qld)\n\nHospital and Health Boards Act 2011 (Qld)\n\n1 After section 4\n\nInsert:","sortOrder":29},{"sectionNumber":"4A","sectionType":"section","heading":"Application of Act—Norfolk Island","content":"#### 4A Application of Act—Norfolk Island\n\n  (1) This Act applies in relation to the Territory of Norfolk Island subject to, and does not exclude or limit the operation of, the following Acts:\n    (a) the Health Services Act 1997 (NSW) (NI);\n    (b) the Public Health Act 2010 (NSW) (NI).\n  (2) To remove any doubt, until the Commonwealth Minister has, by legislative instrument, declared otherwise:\n    (a) NIHRACS does not, and is not taken to, provide a public sector health service within the meaning of this Act; and\n    (b) the Norfolk Island Health and Residential Aged Care Service Facility (within the meaning of the Norfolk Island Health and Residential Aged Care Service Act 1985 (NI)) is not, and is not taken to be, a public sector health service facility or a public sector hospital within the meaning of this Act.\n\n2 Section 139\n\nBefore “In this Part”, insert “(1)”.\n\n3 Section 139\n\nAdd at the end:\n\n  (2) A reference to a public sector health service in the definition of confidential information is, for the purposes of Subdivision 2 of Division 2 of this Part, taken to include a reference to a health service provided by or through NIHRACS.\n\n4 Section 139A\n\nAdd at the end:\n\n  (3) For the purposes of Division 2 of this Part, a designated person includes:\n    (a) NIHRACS; and\n    (b) an employee of NIHRACS; and\n    (c) a person who was an employee of NIHRACS.\n\n5 Schedule 2\n\nInsert:\n\n> NIHRACS means the Norfolk Island Health and Residential Aged Care Service within the meaning of the Norfolk Island Health and Residential Aged Care Service Act 1985 (NI).\n\nSchedule 9—Amendments of the Industrial Relations Act 2016 (Qld)\n\nIndustrial Relations Act 2016 (Qld)\n\n1 Section 115 (definition of show holiday)\n\nRepeal the definition.\n\n2 Schedule 5 (definition of public holiday)\n\nRepeal the definition, substitute:\n\n> public holiday means a public holiday within the meaning of the Employment Act 1988 (NI).\n\n3 Schedule 5 (definition of show holiday)\n\nRepeal the definition.\n\nSchedule 10—Amendments of the Public Health Act 2005 (Qld)\n\nPublic Health Act 2005 (Qld)\n\n1 After section 5\n\nInsert:","sortOrder":30},{"sectionNumber":"5A","sectionType":"section","heading":"Modifications for Norfolk Island","content":"#### 5A Modifications for Norfolk Island\n\n  (1) The provisions of this Act and laws made under this Act, other than the provisions referred to in subsection (2), do not apply in relation to the Territory of Norfolk Island.\n  (2) The following provisions apply in relation to the Territory of Norfolk Island:\n    (a) Part 3 of Chapter 2 of this Act;\n    (b) Part 3 of Chapter 3 of this Act;\n    (c) Chapter 8 (except Part 7B) of this Act;\n    (d) Chapter 9 of this Act;\n    (e) the other provisions of this Act so far as they relate to the provisions mentioned in paragraphs (a) to (d);\n    (f) the provisions of the Public Health Regulation 2018 so far as they relate to the provisions mentioned in paragraphs (a) to (e).\n  (3) To avoid any doubt, this Act and laws made under this Act (other than the provisions mentioned in subsection (2)) apply in relation to the Territory of Norfolk Island subject to, and do not exclude or limit the operation of, the following Acts:\n    (a) the Health Services Act 1997 (NSW) (NI);\n    (b) the Public Health Act 2010 (NSW) (NI).\n\n2 Section 315 (definition of COVID‑19 emergency)\n\nOmit the definition, substitute:\n\n> COVID‑19 emergency means any public health emergency declared for the Territory of Norfolk Island because of the coronavirus disease 2019 (Covid‑19) caused by the novel coronavirus SARS‑CoV‑2.\n\n3 Subparagraph 322(b)(ii)\n\nOmit “regulation”, substitute “declaration”.\n\n4 Section 323\n\nRepeal the section, substitute:","sortOrder":31},{"sectionNumber":"323","sectionType":"section","heading":"Extending declared public health emergency","content":"#### 323 Extending declared public health emergency\n\n  (1) The Norfolk Island Minister may, by declaration, extend, or from time to time further extend, the period of a declared public health emergency.\n  (2) A declaration under this section commences on the day it is made.\n  (3) A declaration extending or further extending the period of a declared public health emergency:\n    (a) must state the period, of not more than 90 days, by which the declared public emergency is extended or further extended; and\n    (b) expires at the end of the stated period unless the declared public health emergency is sooner ended under section 324.\n  (4) Section 321 applies to a declaration made under this section as if the declaration were a public health emergency order.\n\n5 Subsection 324(3)\n\nRepeal the subsection.\n\n6 Schedule 2, definition of health service employee\n\nOmit the definition, substitute:\n\nhealth service employee means:\n\n    (a) a person appointed as a health service employee under section 67 of the Hospital and Health Boards Act 2011; or\n    (b) an employee of the Norfolk Island Health and Residential Aged Care Service (within the meaning of the Norfolk Island Health and Residential Aged Care Service Act 1985 (NI)).\n\nSchedule 10A—Amendments of the Public Sector Act 2022 (Qld)\n\nPublic Sector Act 2022 (Qld)\n\n1 Section 48 (definition of suitability directive)\n\nRepeal the definition, substitute:\n\nsuitability directive means the suitability of employment directive in Schedule 3.\n\n2 Section 48 (after the definition of suitability directive)\n\nInsert:\n\nSupport Staff means any public sector employee who is engaged to perform duties at the Norfolk Island Central School other than a registered teacher. This can include, but not limited to, learning support officers, administrative staff and engagement officers.\n\n3 After subsection 50(2) (before the notes)\n\nInsert:\n\n  (3) Subsection 50(2) does not apply to Support Staff.\n  (4) Despite subsection 50(2), the chief executive of a public sector entity may decide under the suitability directive that the duty performed by a Support Staff is a relevant duty, because of the nature of the duty, it may be necessary to have regard to the criminal history of any person engaged to perform the duty to ensure the person is suitable to perform the duty.\n\n4 After section 52\n\nInsert:\n\n52A Chief executive may decide to obtain criminal history of Support Staff\n\n  (1) This section applies if the chief executive of a public sector entity decides under the suitability directive that the duty performed by Support Staff is a relevant duty.\n  (2) If the chief executive of a public sector entity engages, or proposes to engage, a person to perform the duty of Support Staff, the chief executive may, under the suitability directive, ask the person for written consent for the chief executive to obtain the person’s criminal history.\n  5 After section 55(b)\n\nInsert:\n\n  (c) for section 52A(1) — the person’s suitability for the engagement to perform the relevant duty.\n\n6 Part 5, Division 4 (Heading)\n\nOmit “Further assessment of persons issued with working with children authority”, substitute “Further assessment of Support Staff”.\n\n7 Paragraph 64(1)(b)\n\nRepeal the paragraph, substitute:\n\n(b) the chief executive has previously assessed the person’s suitability under section 55; and\n\n8 Paragraph 64(1)(c)\n\nRepeal the paragraph, substitute:\n\n(c) the chief executive considers that a further assessment of the person may be needed to decide whether the person should be engaged to perform the prescribed duty.\n\n9 Subsection 64(2)\n\nRepeal the subsection.\n\n10 Subsection 64(3)\n\nRepeal the subsection.\n\n11 Section 80\n\nRepeal the section.\n\n12 At the end of the Act\n\nAdd:\n\nSchedule 3 Suitability for employment directive\n\n1\\. Purpose\n\n1.1 Appropriately assessing a person’s suitability for employment helps to ensure the integrity of the Queensland public sector and maintain public confidence. In addition, appropriate assessment ensures safety and security for the Norfolk Island community, particularly children.\n\n1.2 This directive assists public sector entities to:\n\n(a) conduct suitability assessments of persons employed, or proposed to be employed\n\n(b) implement a risk management strategy for entities performing child‑related duties.\n\n2\\. Definitions\n\nUnless otherwise provided, the terms in this directive have the meaning prescribed in the Public Sector Act 2022 (Qld) (the Act).\n\nAdverse decision has the meaning provided for under section 80(3) of the Act.\n\nCCE directive means a directive issued by the Public Service Commission, Commission Chief Executive under the now repealed Public Service Act 2008 (Qld).\n\nChief executive (Working with Children) has the meaning provided for under section 64(3) of the Act.\n\nChild‑related duty/duties has the meaning provided for under section 57 of the Act.\n\nCommissioner has the meaning provided for under section 212 of the Act.\n\nPrescribed duty/duties has the meaning provided for under section 63 of the Act.\n\nProcedural fairness is a concept used interchangeably with natural justice and is a right recognised and defined by law that involves two key elements: the hearing rule (the parties shall be given adequate notice of the case against them, and a right to respond) and the bias rule (everyone is entitled to a decision by a disinterested and unbiased adjudicator).\n\nReframing entity has the meaning provided for under section 20 of the Act.\n\nRegulated employment refer to Schedule 2 Dictionary of the Act.\n\nRelevant duty/duties has the meaning provided for under section 50 of the Act.\n\nSecond refer to Schedule 2 Dictionary for the Act.\n\nSerious disciplinary action has the meaning provided for under section 70 of the Act.\n\nSupport staff has the meaning provided for under section 48 of the Act.\n\n3\\. Application\n\n3.1 This directive applies to:\n\n(a) public sector employees as provided for in section 12 of the Act.\n\n(b) public sector entities as provided for in section 8 of the Act\n\n(c) chief executives as provided for in sections 16 and 17 of the Act, in their capacity as the chief executive of a public sector entity or of public sector employees.\n\n3.2 Unless otherwise stated, clauses 7, 8.1, 8.3, 9, 11 and 13 apply to volunteers, contractors and students engaged in a public sector entity.\n\n3.3 This directive does not limit or otherwise replace any other law that provides for screening of a person and where relevant, a chief executive must comply with screening requirements under Commonwealth and State legislation (e.g. screening for regulated employment (blue cards), screening under the Disability Services Act 2006 (Qld), security clearances and other background checking) which are not covered by the Act, or this directive.\n\n3.4 Screening for regulated employment is provided for under the Working with Children (Risk Management and Screening) Act 2000 (Qld) (WWC (RM&S) Act) and not the Act or this directive.\n\n3.5 Section 229 of the Act outlines the relationship between a directive and industrial instrument including how to deal with inconsistencies.\n\n4\\. Principles\n\n4.1 Chief executives are responsible for making decisions under the provisions of chapter 3, part 5 of the Act.\n\n4.2 Chief executives are required to act in a way that is compatible with the main purpose of the Act by:\n\n(a) treating public sector employees fairly\n\n(b) providing for the employment and administration of the public service\n\n(c) providing for the key rights, obligations and employment arrangements of public sector employees\n\n(d) ensuring a high‑performing and diverse workforce, through fair and transparent, merit‑based selection processes\n\n(e) maintaining accountability, impartiality and integrity, while supporting the public interest, and when giving advice to the government.\n\n4.3 Under the Human Rights Act 2019 (Qld) (HR Act) decision makers have an obligation to:\n\n(a) act and make decisions in a way that is compatible with human rights\n\n(b) give proper consideration to human rights when making a decision under the Act and Public Sector Commissioner (Commissioner) directives.\n\n4.4 Under chapter 1, part 3 of the Act reframing entities have a unique role in supporting the Queensland government in reframing its relationship with Aboriginal peoples and Torres Strait Islander peoples by fulfilling certain responsibilities. Under section 21, the chief executive of a reframing entity is responsible for ensuring the entity fulfils this role. Chief executives must consider these responsibilities when applying and making decisions under the Act and Commissioner directives.\n\n4.5 Under chapters 2 and 3 of the Act, chief executives of public sector entities have a duty to promote equity and diversity in relation to employment matters, including in the application of, and making decisions under, the Act and Commissioner directives.\n\n4.6 In addition to any specific requirements in this directive, chief executives of public sector entities are required to consider ways to support accessibility and inclusion for employees when undertaking processes, or applying provisions, under this directive.\n\nDirections\n\n5\\. Interpretation of directions\n\n5.1 Chapter 3, part 5 of the Act sets out requirements and a framework for assessing a person’s suitability for employment.\n\n5.2 A decision maker, when considering a person’s suitability for employment, must comply with the relevant sections of the Act.\n\n5.3 These directions:\n\n(a) provide for procedural fairness requirements, noting that requirements in this directive do not reduce the obligations on the entity at common law\n\n(b) provide for the circumstances in which a chief executive may decide it is necessary to obtain the criminal history of a person and request a notice of serious disciplinary action\n\n(c) provide guidance for determining relevant duties\n\n(d) establish factors that a chief executive must or may consider when assessing a person’s suitability for employment following criminal history screening or declaration of serious disciplinary action\n\n(e) provide for the types of places a chief executive may decide are places at which services are provided only, or mainly, to a child or children\n\n(f) provide for the types of roles a chief executive may decide involve providing services only, or mainly, to a child or children\n\n(g) provide for the duties that involve contact with a child or children that is of a type, or happens in a context, that may create an unacceptable level of risk for a child or children\n\n(h) establish the information that must be included in a risk management strategy for child‑related duties\n\n(i) establish the minimum information that must be included in a notice disclosing serious disciplinary action\n\n(j) should be read in conjunction with the relevant sections of the Act.\n\n5.4 The requirements set out in these directions are binding and must be followed.\n\n6\\. Reframing the relationship with Aboriginal peoples and Torres Strait Islander peoples\n\n6.1 Chief executives of reframing entities must consider the responsibilities under section 21 of the Act relating to supporting a reframed relationship with Aboriginal peoples and Torres Strait Islander peoples, including but not limited to:\n\n(a) promoting cultural safety and cultural capability at all levels of the public sector\n\n(b) working in partnership with Aboriginal peoples and Torres Strait Islander peoples to actively promote, include and act in a way that aligns with their perspectives, when making decisions directly affecting them\n\n(c) promoting a fair and inclusive public sector that supports a sense of dignity and belonging for Aboriginal peoples and Torres Strait Islander peoples\n\n(d) supporting the aims, aspirations and employment needs of Aboriginal peoples and Torres Strait Islander peoples and the need for their greater involvement in the public sector.\n\n6.2 In the context of promoting cultural safety in suitability for employment processes, the matters a chief executive may consider include, but is not limited to:\n\n(a) recognising culturally significant connections for Aboriginal peoples and Torres Strait Islander peoples involved in the process\n\n(b) ensuring support and communication is appropriate, including during a procedural fairness process\n\n(c) considering any elements of conscious or unconscious bias that may impact an assessment of suitability, including mitigation strategies\n\n(d) consideration of the cultural rights of Aboriginal peoples and Torres Strait Islander peoples under the HR Act.\n\n7\\. General provisions relating to suitability for employment\n\n7.1 A chief executive can assess a person’s suitability through a range of mechanisms, including but not limited to:\n\n(a) criminal history (for relevant duties and prescribed duties (which includes child‑related duties)\n\n(b) child‑related duties\n\n(c) serious disciplinary action.\n\n7.2 The directive relating to recruitment and selection provides that applicants for public sector roles must be informed of any suitability assessments that may be required to determine the person’s suitability for employment as a public sector employee.\n\n7.3 A chief executive must take reasonable steps to inform contractors, students and volunteers of any suitability assessments that may be required.\n\n7.4 Costs associated with obtaining criminal history reports under chapter 3, part 5, division 2 or 4, are to be met by the requesting entity.\n\n7.5 Costs associated with screening for child‑related duties under chapter 3, part 5, division 3 of the Act may be met by the entity at the discretion of the chief executive.\n\n8\\. Procedural fairness\n\n8.1 Where a chief executive obtains information in connection with clause 9 (criminal history) or clause 11 (child‑related duties) of this directive, prior to making an adverse decision about the person’s suitability for employment, the chief executive must:\n\n(a) provide the person a copy of the information obtained,\n\n(b) invite the person to make written representations about the information obtained, including why the person believes the information obtained should not render them unsuitable for employment,\n\n(c) provide the person with a reasonable opportunity to make written representations under clause 8.1(b).\n\n8.2 Where a chief executive obtains information in connection with clause 12 (serious disciplinary action) of this directive that may be adverse to the interests of the person’s employment as a public sector employee (adverse information), the chief executive must:\n\n(a) provide the adverse information to the person\n\n(b) invite the person to make submissions about the adverse information prior to the chief executive making a decision about whether the person is suitable to be employed\n\n(c) set a reasonable timeframe for the person to make submissions under clause 8.2(b).\n\n8.3 A reasonable timeframe under clause 8.1(c) and 8.2(c) is generally 14 days unless the nature and degree of the information necessitates a longer period.\n\n9\\. Criminal history\n\n9.1 Chapter 3, part 5, divisions 2 and 4 of the Act provide requirements and obligations in relation to criminal history checks.\n\n9.2 A chief executive of a public sector entity may obtain a person’s criminal history in the following two circumstances:\n\n(a) Assessment of a person’s suitability for employment in relation to relevant duties (chapter 3, part 5, division 2 of the Act)\n\nRequirements\n\n(i) the chief executive has determined a role includes a particular duty that is a relevant duty, in accordance with this directive, and\n\n(ii) the chief executive engages, or proposes to engage, a person to perform relevant duties; or the chief executive changes, or proposes to change, the duties of a public sector employee to include a relevant duty.\n\n(b) Further assessment of Support Staff (chapter 3, part 5, division 4 of the Act)\n\nRequirements\n\n(i) the chief executive of a public sector entity engages, proposes to engage, or has engaged, a person to perform a prescribed duty (which includes child‑related duties) in the entity, and\n\n(ii) the chief executive has previously assessed the person’s suitability under section 55, and\n\n(iii) the chief executive considers that a further assessment of the person may be needed to decide whether the person should be engaged to perform the prescribed duty.\n\n9.4 A Where the requirements in clause 9.2 are met in the respective circumstances, the chief executive may ask the person for written consent for the chief executive to obtain the person’s criminal history.\n\n9.5 If the criminal history check is being undertaken as part of pre‑employment screening, written consent can be sought at any time during the selection process for public sector roles but can only be conducted on the person(s) the chief executive proposes to employ.\n\n9.6 Sections 53 and 67 of the Act relevantly provide how to manage the situation where a person does not consent or withdraws their consent for the chief executive to obtain the person’s criminal history.\n\n9.7 If the person does provide their consent, sections 54 and 68 of the Act relevantly provide how a chief executive may obtain a report about the person’s criminal history.\n\nAssessment of suitability based on criminal history\n\n9.8 Upon receipt of a person’s criminal history report, a chief executive must assess the person’s suitability to perform the duties which require screening.\n\n9.9 Such an assessment must be made on a case‑by‑case basis taking into account the particular facts of the matter. An assessment of a person’s suitability for employment must not be decided merely on the existence of a criminal history record. An assessment of suitability for employment based on criminal history must comply with the Act and this directive.\n\n9.10 In making the assessment, the chief executive must consider:\n\n(a) the nature of the offence/s and relevance to the nature of the duties to be performed\n\n(b) any response provided to the chief executive by the person or the person’s representative in accordance with clause 8 of this directive, relating to procedural fairness\n\n(c) whether the person can meet the inherent requirements of the role, in light of the offence/s.\n\n9.11 Further to clause 9.10 the chief executive may also consider:\n\n(a) the seriousness and frequency of any relevant offence\n\n(b) the amount of time elapsed since any relevant offence happened and the penalty imposed\n\n(c) whether the classification of any relevant offence has changed (for example, is it still a crime?)\n\n(d) any relevant work history of the person\n\n(e) any relevant risks contained in the entities risk management strategy under clause 11.9 of this directive, or another relevant risk management strategy.\n\nDecision on suitability following criminal history screening\n\n9.12 Where a chief executive is proposing to employ a person to perform relevant or prescribed duties, and the person is determined by the chief executive to be unsuitable to perform those duties as a result of their criminal history, the chief executive is not required to consider the person for employment to perform the duties that required screening.\n\n9.13 Where a current public sector employee is determined by the chief executive to be unsuitable to perform relevant or prescribed duties as a result of criminal history, the chief executive must ensure the employee does not perform the duties that required screening.\n\n9.14 If the employee mentioned in clause 9.13 is an existing public sector employee employed in the entity of the chief executive who requested the screening, the employee is to be placed in another role at their substantive classification level or rate of remuneration.\n\nChange in criminal history\n\n9.15 Sections 73 and 74 of the Act set out obligations for public sector employees to disclose any charge or conviction for indictable offences and for a prosecuting authority to disclose committals, convictions, and other information.\n\n10\\. Determining relevant duties\n\n10.1 It is the responsibility of the chief executive to determine that a particular duty is a relevant duty, however a duty is not a relevant duty if it is likely to involve child‑related duties or regulated employment.\n\n10.2 Determining that a duty is a relevant duty must be based on the nature of the duty.\n\n10.3 Considerations of the nature of the duty can include the type of work being performed. Examples may include:\n\n(a) nature of interactions with customers, including customers that could be considered vulnerable\n\n(b) degree to which the role is a leadership role within the entity\n\n(c) access to personal/confidential information and associated systems\n\n(d) access to security related information\n\n(e) access to drugs and/or weapons\n\n(f) degree of access and/or involvement in finance and procurement matters.\n\n10.4 Where a duty has been identified as a relevant duty under section 50 of the Act and clause 10.2 of this directive, a chief executive may decide it is necessary to obtain the criminal history of a person in circumstances where employing a person with a criminal history would create a risk to the entity, including the work, service delivery, security, reputation and/or confidence in the integrity of the public sector.\n\n10.5 A chief executive of an entity who determines their entity performs relevant duties must document the roles and duties deemed to be relevant duties in the entity. Roles can be documented in an entity’s policy, for example.\n\n11\\. Child‑related duties\n\n11.1 Chapter 3, part 5, division 3 of the Act provides requirements and obligations in relation to screening for child‑related duties.\n\n11.2 Deciding that a duty is a child‑related duty is a decision for the chief executive.\n\n11.3 In making a decision under clause 11.2, the duty is a child‑related duty if:\n\n(a) the chief executive decides the duty:\n\n(i) is to be performed at a place at which services are provided only or mainly to children; or\n\n(ii) is to be performed in a role involving providing services only or mainly to children; or\n\n(iii) involves contact with children that is of a type, or happens in a context, that may create an unacceptable level of risk for children; and\n\n(b) the chief executive decides it is necessary to conduct child‑related employment screening.\n\n11.4 Further to clause 11.3, in deciding that a duty is a child‑related duty, the chief executive may consider:\n\n(a) the frequency of contact with children the duties have\n\n(b) the level and degree of supervision of children\n\n(c) whether a child is likely to be alone with the person\n\n(d) whether the person is in a position of trust or authority\n\n(e) whether the child is particularly vulnerable (for example, does the child have a disability, is the child in custody or care under the Child Protection Act 1999 (Qld)).\n\n11.5 A chief executive of an entity performing child‑related duties must document the kinds of places, roles and duties deemed to be child‑related duties by the entity. Documentation can be through an entity’s policy, for example.\n\n11.6 In accordance with the Act, where a chief executive decides a duty is a child related duty and it is necessary to conduct child‑related employment screening, the screening is to be undertaken in accordance with chapter 8 of the WWC (RM&S) Act.\n\n11.7 Following screening for child‑related duties, if the person is unsuitable to perform child‑related duties in accordance with sections 58 to 62 of the Act, the chief executive must ensure the person does not perform, or does not continue to perform, child‑related duties.\n\n11.8 If the person mentioned in clause 11.7 is an existing public sector employee employed in the entity of the chief executive who determined the screening was required, the employee is to be placed in another role at their substantive classification level or rate of remuneration.\n\nRisk management strategies for child‑related duties\n\n11.9 The chief executive of an entity that performs child‑related duties must:\n\n(a) develop, implement and maintain a child and youth risk management strategy[\\[1\\]](#_ftn1) that aims to identify potential risks of harm to children and young people and to implement strategies to minimise these risks\n\n(b) review the risk management strategy on at least an annual basis\n\n(c) ensure that the risk management strategy complies with the minimum requirements specified in the WWC (RM&S) Act\n\n(d) ensure that the action taken to implement a risk management strategy is included in the entities annual report.\n\n12\\. Serious disciplinary action\n\n12.1 Where a chief executive is proposing to employ a person, or second a person, to the entity, who has been assessed as the person best suited to the position in accordance with the directive relating to recruitment and selection, the chief executive may decide that it is necessary to consider any serious disciplinary action taken against the person.\n\n12.2 In making a decision to request a notice of serious disciplinary action, a chief executive may consider:\n\n(a) the nature of the position to be undertaken\n\n(b) any previous notices provided by the person regarding serious disciplinary action\n\n(c) the time elapsed since any previous notices were provided\n\n(d) whether further disclosure will provide additional, relevant information\n\n(e) the organisational or occupational values and code of conduct applying to the position\n\n(f) the perception of public and client confidence in the performance of the position and the entity.\n\n12.3 A decision made under clause 12.1 must be documented, including justification for the decision, even where a decision is made not to request a notice of serious disciplinary action.\n\n12.4 The person must comply with a request to provide a notice stating the particulars of serious disciplinary action to the chief executive. At a minimum, the notice must include:\n\n(a) information about discipline finding/s (including grounds for discipline) that gave rise to the serious disciplinary action\n\n(b) details of any substantiated allegations that gave rise to the finding/s and ground for discipline\n\n(c) the date and/or timing of the conduct and disciplinary process\n\n(d) details of any serious disciplinary action taken as a result of the finding/s made.\n\n12.5 Where a chief executive decides to request a notice from a person regarding serious disciplinary action, the chief executive is responsible for determining a reasonable time for the notice to be submitted and the format and mode for the person to submit the notice.\n\nAssessment of suitability based on serious disciplinary action\n\n12.6 On receipt of a notice disclosing particulars of serious disciplinary action taken against a person, the chief executive must consider the person’s suitability for employment in or secondment to the public sector entity.\n\n12.7 In determining the persons suitability for employment, the chief executive must consider:\n\n(a) the nature of any serious disciplinary action taken against the person and its relevance to the nature of the duties to be performed\n\n(b) any response provided to the chief executive by the person or the person’s representative in accordance with clause 8 of this directive, relating to procedural fairness\n\n(c) the amount of time elapsed since the serious disciplinary action was taken against the person\n\n(d) whether the serious disciplinary action impacts on the person’s suitability for the role.\n\n12.8 Further to clause 12.7, the chief executive may consider:\n\n(a) the nature, seriousness and timeframe of the conduct related to the serious disciplinary action\n\n(b) whether the notice identifies a pattern of behaviour\n\n(c) any relevant risk contained in the entity’s risk management strategy under clause 11.9 of this directive or another relevant risk management strategy\n\n(d) any relevant work history of the person\n\n(e) any impacts on the duties and responsibilities of the role applied for.\n\n13\\. Human rights\n\n13.1 When a chief executive is making a decision not to employ or continue a person’s employment, due to the person being unsuitable for employment because of their criminal history record or notice of serious disciplinary action, the chief executive should ensure a human rights assessment of the decision is undertaken and documented appropriately in accordance with the HR Act.\n\nAppeals\n\n14\\. Appeals\n\n14.1 A current public sector employee may be able to lodge a grievance about a chief executive’s decision not to employ them or to make changes to their employment arrangements as a result of an assessment of suitability for employment. The directive relating to individual employee grievances should be referenced for further information about employee grievances.\n\n14.2 A current public sector employee who is aggrieved by a decision relating to their suitability for employment may be able to lodge a fair treatment appeal in the Queensland Industrial Relations Commission in accordance with chapter 3, part 10 of the Act.\n\n14.3 Time limits for starting an appeal are provided for in the Industrial Relations Act 2016 (Qld) and the Commissioner directive relating to appeals.\n\nGovernance and transitional provisions\n\n15\\. Records\n\n15.1 Information obtained through screening activities must be managed in accordance with chapter 8, part 3 of the Act and other relevant legislation including the Information Privacy Act 2009 (Qld).\n\n15.2 Any documents, notices, reports or other information obtained through screening activities must be retained and disposed of in accordance with the retention and disposal schedule approved by the relevant chief executive, or the Queensland Government General Retention and Disposal Schedule.\n\n15.3 Once documents, notices, reports or other information are no longer required in accordance with clause 15.2, they must be destroyed in accordance with section 79 of the Act.\n\n16\\. Transitional provisions\n\n16.1 Sections 300 and 303 of the Act provide for transitional arrangements in relation to existing requirements to disclose previous history of serious disciplinary action and existing consents to obtain criminal history.\n\nSchedule 11—Amendments of the Statutory Instruments Act 1992 (Qld)\n\nStatutory Instruments Act 1992 (Qld)\n\n1 At the end of section 14\n\nAdd:\n\n  (4) To the extent that it is amended by Schedule 2 to the Norfolk Island Applied Laws and Service Delivery (Queensland) Ordinance 2021 of the Commonwealth, the Acts Interpretation Act 1954 (Qld) (NI) applies to a statutory instrument (whether or not the statutory instrument is an applied law or an adopted law) in the same way as it applies to an Act.","sortOrder":32}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Ordinance expands and reshapes the scope of laws that apply in Norfolk Island by making Queensland Acts and instruments part of Territory law (and by enabling adoption of Queensland provisions into service delivery rules). It replaces or redefines many local references (courts, police, Crown, public holidays, education and health arrangements) so Queensland frameworks operate in the Territory subject to specified modifications, temporal limits and delegated Ministerial rulemaking."},"complexity_factors":["Dynamic incorporation of Queensland laws “as in force from time to time” (s4, s8) creates ongoing cross‑jurisdictional updating and interpretation complexity","Extensive definitional substitutions and removals across many Acts and Regulations (Schedules and Schedule amendments) requiring coordinated statutory mapping","Multiple targeted modifications and exceptions to applied laws (e.g. courts, tribunals, police, Crown references) necessitate case‑by‑case reading (ss22D–22F, 26A, 49B, 52AC, 52AE)","Ministerial rulemaking power to amend or adopt Queensland provisions and to make service delivery rules, with substantive prohibitions and a sunset on delegation (s7)","Interaction with Norfolk Island Act section 18B/18E as modified by the Ordinance (s8) and potential constitutional limits on judicial/tribunal transfer","Wide administrative discretion (Minister, Chief Executives, delegates) affecting employment screening, prosecutions, and public health responses (Various Schedule inserts)","Transitional and temporal provisions (e.g. education syllabuses, school allocations, rule‑making cut‑off dates) that create staging and sunset effects (multiple items in Schedules)","Operational compliance costs concentrated on Norfolk Island bodies, the Commonwealth Norfolk Island Department and local service providers due to new reporting, screening and publication requirements (e.g. ss52AE, 52AF, Public Sector directives)"],"plain_english_summary":"This Ordinance makes Queensland laws part of Norfolk Island law, modifies many Queensland statutes so they work in the Territory, and creates a rule‑making power to support Queensland service delivery (time‑limited to 1 Jan 2023). It changes definitions, court and tribunal references, policing and public‑sector employment arrangements, and schooling rules for Norfolk Island. The changes shift regulatory and compliance obligations onto Norfolk Island institutions, the Commonwealth department and service providers; the Commonwealth Minister and delegated officials gain decision and amendment powers over applied laws."},"kimi_summary":{"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond a simple 'apply Queensland law' mechanism. While the original intent appears to be the straightforward application of Queensland law to Norfolk Island, the actual content reveals extensive bespoke modifications across multiple policy areas: education (removing non-State school provisions, inserting NSW curriculum references), health (carving out NIHRACS), industrial relations (special cross-jurisdictional appointment rules), and public sector employment (unique 'Support Staff' provisions). The inclusion of a complete Suitability for Employment Directive (Schedule 3 of the Public Sector Act amendments) with detailed procedural fairness requirements, risk management strategies, and cultural safety provisions for Aboriginal and Torres Strait Islander peoples represents a substantial expansion into operational detail that goes well beyond simple law application. The legislation also creates temporary rule-making powers that self-terminate in 2023, adding a layer of temporal complexity."},"complexity_factors":["Extensive cross-referencing between three jurisdictions: Queensland law, Norfolk Island law, and Commonwealth law","Dual application mechanisms: section 18A (automatic application) vs section 66A (adoption by rules)","Nested modification provisions: section 8 modifies how section 18B of the Norfolk Island Act applies to adopted provisions","Temporal limitations: specific powers expire on 1 January 2023 (section 7(5) and 7(7))","47+ discrete amendment items across 11 Schedules affecting multiple Queensland Acts","Complex court/tribunal mapping: Queensland courts mapped to Norfolk Island courts with constitutional limitations noted ('to the extent permitted by the Commonwealth Constitution')","Special industrial relations provisions with modified interpretation rules (section 6A)","Multiple overlapping definitions: 'applied law', 'adopted law', 'Queensland Act', 'Queensland statutory instrument', 'service delivery rule'","Savings and transitional provisions scattered throughout Schedules","Specific exclusion of Norfolk Island legislation from standard interpretation Acts (section 6)"],"plain_english_summary":"This Ordinance makes most Queensland laws the default law on Norfolk Island, then tweaks them to fit Territory institutions—courts, police, schools, health services and employment arrangements—so state provisions operate in a federal territory context. The Norfolk Island Central School and public sector workers are specifically brought under Queensland rules with tailored adjustments.\n\nIt matters because it fast-tracks legal coverage for ~1,700 residents by importing an existing framework, while highlighting the complexity of adapting state law to a distinct Territory."}},"importantCases":[],"_links":{"self":"/api/acts/norfolk-island-applied-laws-and-service-delivery-queensland-ordinance-2021","history":"/api/acts/norfolk-island-applied-laws-and-service-delivery-queensland-ordinance-2021/history","analysis":"/api/acts/norfolk-island-applied-laws-and-service-delivery-queensland-ordinance-2021/analysis","conflicts":"/api/acts/norfolk-island-applied-laws-and-service-delivery-queensland-ordinance-2021/conflicts","importantCases":"/api/acts/norfolk-island-applied-laws-and-service-delivery-queensland-ordinance-2021/important-cases","documents":"/api/acts/norfolk-island-applied-laws-and-service-delivery-queensland-ordinance-2021/documents"}}