{"id":"qld:act-2000-060","name":"Working with Children Check Act 2000","slug":"working-with-children-check-act-2000","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"60 of 2000","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104638,"registerId":"qld-act-2000-060-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.1-pt.1","sectionType":"part","heading":"Introduction","content":"# Introduction","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Working with Children Check Act 2000 .\ns 1 amd 2004 No. 13 s 32\nsub 2014 No. 28 s 51\namd 2024 No. 49 s 125","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"sec.4","sectionType":"section","heading":"Act binds all persons","content":"### sec.4 Act binds all persons\n\nThis Act binds all persons including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and all the other States.\nSubsection (1) does not make the State, the Commonwealth or another State liable for an offence.\n(sec.4-ssec.1) This Act binds all persons including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and all the other States.\n(sec.4-ssec.2) Subsection (1) does not make the State, the Commonwealth or another State liable for an offence.","sortOrder":3},{"sectionNumber":"sec.4A","sectionType":"section","heading":null,"content":"### Section sec.4A\n\ns 4A ins 2004 No. 13 s 33\nom 2010 No. 5 s 56 (2) sch 1 amdt 1","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":"Object of Act","content":"### sec.5 Object of Act\n\nThe object of this Act is to promote and protect the rights, interests and wellbeing of children and young people in Queensland through a scheme requiring the screening of persons employed in particular employment or carrying on particular businesses.\ns 5 amd 2004 No. 13 s 34\nsub 2014 No. 28 s 52\namd 2024 No. 49 s 126","sortOrder":5},{"sectionNumber":"sec.6","sectionType":"section","heading":"Principles for administering this Act","content":"### sec.6 Principles for administering this Act\n\nThis Act is to be administered under the following principles—\nthe welfare and best interests of a child are paramount;\nevery child is entitled to be cared for in a way that protects the child from harm and promotes the child’s wellbeing, which for an Aboriginal child or Torres Strait Islander child includes recognising the importance of connection with the child’s family, community, culture, traditions and language.\ns 6 amd 2004 No. 13 s 35\nsub 2014 No. 28 s 52\namd 2024 No. 50 s 30\n- (a) the welfare and best interests of a child are paramount;\n- (b) every child is entitled to be cared for in a way that protects the child from harm and promotes the child’s wellbeing, which for an Aboriginal child or Torres Strait Islander child includes recognising the importance of connection with the child’s family, community, culture, traditions and language.","sortOrder":6},{"sectionNumber":"sec.7","sectionType":"section","heading":"Act applies despite the Criminal Law (Rehabilitation of Offenders) Act 1986","content":"### sec.7 Act applies despite the Criminal Law (Rehabilitation of Offenders) Act 1986\n\nThis Act applies to a person despite anything in the Criminal Law (Rehabilitation of Offenders) Act 1986 .\ns 7 prev s 7 sub 2014 No. 28 s 52\nom 2016 No. 43 s 56\npres s 7 ins 2019 No. 18 s 5","sortOrder":7},{"sectionNumber":"sec.8","sectionType":"section","heading":"Chief executive’s main functions","content":"### sec.8 Chief executive’s main functions\n\nThe chief executive’s main functions under this Act are—\nto administer the scheme under this Act that regulates—\npersons employed, or proposed to be employed, in certain child-related employment; and\npersons carrying on, or proposing to carry on, certain child-related businesses; and\nto audit or monitor compliance with this Act; and\nto establish a register of regulated persons who provide home-based care services to children.\ns 8 (prev s 7A) ins 2004 No. 13 s 36\namd 2004 No. 36 s 38 ; 2010 No. 5 s 56 (3) sch 2 amdts 3–4\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nsub 2014 No. 28 s 52\namd 2019 No. 18 s 6 ; 2022 No. 7 s 76 ; 2024 No. 50 s 31\n- (a) to administer the scheme under this Act that regulates— (i) persons employed, or proposed to be employed, in certain child-related employment; and (ii) persons carrying on, or proposing to carry on, certain child-related businesses; and\n- (i) persons employed, or proposed to be employed, in certain child-related employment; and\n- (ii) persons carrying on, or proposing to carry on, certain child-related businesses; and\n- (b) to audit or monitor compliance with this Act; and\n- (c) to establish a register of regulated persons who provide home-based care services to children.\n- (i) persons employed, or proposed to be employed, in certain child-related employment; and\n- (ii) persons carrying on, or proposing to carry on, certain child-related businesses; and","sortOrder":8},{"sectionNumber":"ch.1-pt.2","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":9},{"sectionNumber":"sec.9","sectionType":"section","heading":"Dictionary","content":"### sec.9 Dictionary\n\nThe dictionary in schedule 7 defines particular words used in this Act.\ns 9 prev s 9 (prev s 8) renum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 52\npres s 9 (prev s 3) amd 2010 No. 5 s 56 (3) sch 2 amdt 2\nreloc and renum 2019 No. 18 s 8","sortOrder":10},{"sectionNumber":"sec.10","sectionType":"section","heading":"What is employment","content":"### sec.10 What is employment\n\nFor this Act, a person is employing another person if the first person has an agreement with the other person for the other person to carry out work.\nIt is immaterial for this section—\nwhether the agreement is written or unwritten; and\nwhether the work is carried out voluntarily or for financial reward; and\nwhat a person’s motivation is for carrying out the work; and\nthe time for which the person is engaged to carry out the work; and\nwhether the agreement provides for the other person to carry out work on 1 occasion or on an ongoing basis, whether regularly or irregularly.\nAlso, for this section, the nature of the work is immaterial.\nThis section is subject to section 11 .\nA person engaged by a shopping centre to appear as Santa.\nA person orally agrees with the manager of a club to coach a children’s sporting team during a season.\nThe manager of a counselling organisation agrees with an adult student that the student attend the organisation’s office each day during a semester and carry out various duties.\nA tour operator arranges with the parents of a family to provide a child accommodation service in their home to an international student.\ns 10 prev s 10 (prev s 9) renum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 52\npres s 10 (prev s 161) ins 2010 No. 5 s 58\nreloc and renum 2019 No. 18 s 15\namd 2019 No. 18 s 86 (1) sch 1 ; 2024 No. 50 s 32\n(sec.10-ssec.1) For this Act, a person is employing another person if the first person has an agreement with the other person for the other person to carry out work.\n(sec.10-ssec.2) It is immaterial for this section— whether the agreement is written or unwritten; and whether the work is carried out voluntarily or for financial reward; and what a person’s motivation is for carrying out the work; and the time for which the person is engaged to carry out the work; and whether the agreement provides for the other person to carry out work on 1 occasion or on an ongoing basis, whether regularly or irregularly.\n(sec.10-ssec.3) Also, for this section, the nature of the work is immaterial.\n(sec.10-ssec.4) This section is subject to section 11 . A person engaged by a shopping centre to appear as Santa. A person orally agrees with the manager of a club to coach a children’s sporting team during a season. The manager of a counselling organisation agrees with an adult student that the student attend the organisation’s office each day during a semester and carry out various duties. A tour operator arranges with the parents of a family to provide a child accommodation service in their home to an international student.\n- (a) whether the agreement is written or unwritten; and\n- (b) whether the work is carried out voluntarily or for financial reward; and\n- (c) what a person’s motivation is for carrying out the work; and\n- (d) the time for which the person is engaged to carry out the work; and\n- (e) whether the agreement provides for the other person to carry out work on 1 occasion or on an ongoing basis, whether regularly or irregularly.\n- 1 A person engaged by a shopping centre to appear as Santa.\n- 2 A person orally agrees with the manager of a club to coach a children’s sporting team during a season.\n- 3 The manager of a counselling organisation agrees with an adult student that the student attend the organisation’s office each day during a semester and carry out various duties.\n- 4 A tour operator arranges with the parents of a family to provide a child accommodation service in their home to an international student.","sortOrder":11},{"sectionNumber":"sec.11","sectionType":"section","heading":"What is employment when education provider arranges trainee student to carry out work for someone else","content":"### sec.11 What is employment when education provider arranges trainee student to carry out work for someone else\n\nThis section applies if—\nthe first person mentioned in section 10 is an education provider; and\nthe other person mentioned in section 10 is a trainee student of the education provider; and\nthe work to be carried out is part of the course that the trainee student is undertaking with the education provider; and\nthe work is to be carried out for someone else.\nFor section 10 , the person for whom the trainee student is to carry out work, or carries out work, is employing the trainee student.\nSubsection (2) applies even if there is no express agreement between the person and the trainee student for the trainee student to carry out the work.\ns 11 prev s 11 (prev s 10) renum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 52\npres s 11 (prev s 162) ins 2010 No. 5 s 58\namd 2019 No. 18 s 12\nreloc and renum 2019 No. 18 s 15\n(sec.11-ssec.1) This section applies if— the first person mentioned in section 10 is an education provider; and the other person mentioned in section 10 is a trainee student of the education provider; and the work to be carried out is part of the course that the trainee student is undertaking with the education provider; and the work is to be carried out for someone else.\n(sec.11-ssec.2) For section 10 , the person for whom the trainee student is to carry out work, or carries out work, is employing the trainee student.\n(sec.11-ssec.3) Subsection (2) applies even if there is no express agreement between the person and the trainee student for the trainee student to carry out the work.\n- (a) the first person mentioned in section 10 is an education provider; and\n- (b) the other person mentioned in section 10 is a trainee student of the education provider; and\n- (c) the work to be carried out is part of the course that the trainee student is undertaking with the education provider; and\n- (d) the work is to be carried out for someone else.","sortOrder":12},{"sectionNumber":"sec.12","sectionType":"section","heading":"Matters about particular regulated employment relating to care of children","content":"### sec.12 Matters about particular regulated employment relating to care of children\n\nThis section applies if a person is engaged, or proposes to be engaged, in regulated employment mentioned in schedule 1 , section 14 (1) or (2) .\nFor this Act, and for no other purpose, the State is taken to be employing, or proposing to employ, the person in the regulated employment.\nFor this Act—\nthe chief executive (child safety) may carry out a function of the State relating to the person; and\nif the person must disclose information to the person’s employer, or notify the employer about a matter—the person must disclose the information to, or notify, the chief executive (child safety).\nThis declaration arises out of the volunteer or non-employee status of persons engaged in regulated employment mentioned in schedule 1 , section 14 (1) or (2) .\ns 12 prev s 12 (prev s 11) renum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 52\npres s 12 (prev s 164) ins 2010 No. 5 s 58\nreloc and renum 2019 No. 18 s 15\namd 2019 No. 18 s 86 (1) sch 1\n(sec.12-ssec.1) This section applies if a person is engaged, or proposes to be engaged, in regulated employment mentioned in schedule 1 , section 14 (1) or (2) .\n(sec.12-ssec.2) For this Act, and for no other purpose, the State is taken to be employing, or proposing to employ, the person in the regulated employment.\n(sec.12-ssec.3) For this Act— the chief executive (child safety) may carry out a function of the State relating to the person; and if the person must disclose information to the person’s employer, or notify the employer about a matter—the person must disclose the information to, or notify, the chief executive (child safety). This declaration arises out of the volunteer or non-employee status of persons engaged in regulated employment mentioned in schedule 1 , section 14 (1) or (2) .\n- (a) the chief executive (child safety) may carry out a function of the State relating to the person; and\n- (b) if the person must disclose information to the person’s employer, or notify the employer about a matter—the person must disclose the information to, or notify, the chief executive (child safety).","sortOrder":13},{"sectionNumber":"sec.12A","sectionType":"section","heading":"Matters about employment relating to State educational institutions","content":"### sec.12A Matters about employment relating to State educational institutions\n\nThis section applies if a person is employed at a State educational institution.\nFor this Act, the principal of the State educational institution and the chief executive of the department in which the Education (General Provisions) Act 2006 is administered are employing the person.\ns 12A ins 2024 No. 50 s 33\n(sec.12A-ssec.1) This section applies if a person is employed at a State educational institution.\n(sec.12A-ssec.2) For this Act, the principal of the State educational institution and the chief executive of the department in which the Education (General Provisions) Act 2006 is administered are employing the person.","sortOrder":14},{"sectionNumber":"sec.13","sectionType":"section","heading":"Who is a volunteer","content":"### sec.13 Who is a volunteer\n\nA volunteer is a person who is employed by another person and does not carry out any work for the other person for a financial reward.\nIn this section—\nfinancial reward does not include—\na payment that is a reimbursement for out-of-pocket expenses; or\nfor a person who is an approved carer—an allowance or other amount paid to the person under the Child Protection Act 1999 , section 159 .\ns 13 prev s 13 (prev s 11A) ins 2004 No. 13 s 37\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 52\npres s 13 (prev s 165) ins 2010 No. 5 s 58\nreloc and renum 2019 No. 18 s 15\n(sec.13-ssec.1) A volunteer is a person who is employed by another person and does not carry out any work for the other person for a financial reward.\n(sec.13-ssec.2) In this section— financial reward does not include— a payment that is a reimbursement for out-of-pocket expenses; or for a person who is an approved carer—an allowance or other amount paid to the person under the Child Protection Act 1999 , section 159 .\n- (a) a payment that is a reimbursement for out-of-pocket expenses; or\n- (b) for a person who is an approved carer—an allowance or other amount paid to the person under the Child Protection Act 1999 , section 159 .","sortOrder":15},{"sectionNumber":"sec.14","sectionType":"section","heading":"Executive officers of a corporation carrying on a regulated business","content":"### sec.14 Executive officers of a corporation carrying on a regulated business\n\nThis section applies in relation to a corporation that carries on, or proposes to carry on, a regulated business.\nFor this Act, a person is taken to be carrying on, or proposing to carry on, the regulated business by being, or proposing to be, an executive officer of the corporation.\nSubsection (2) applies only if the person’s principal place of residence is in Australia.\ns 14 prev s 14 (prev s 12) sub 2004 No. 13 s 39\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 53\npres s 14 (prev s 166) ins 2010 No. 5 s 58\nreloc and renum 2019 No. 18 s 15\namd 2019 No. 18 s 86 (1) sch 1 ; 2024 No. 49 s 131 sch 5\n(sec.14-ssec.1) This section applies in relation to a corporation that carries on, or proposes to carry on, a regulated business.\n(sec.14-ssec.2) For this Act, a person is taken to be carrying on, or proposing to carry on, the regulated business by being, or proposing to be, an executive officer of the corporation.\n(sec.14-ssec.3) Subsection (2) applies only if the person’s principal place of residence is in Australia.","sortOrder":16},{"sectionNumber":"sec.15","sectionType":"section","heading":"What is a serious offence","content":"### sec.15 What is a serious offence\n\nA serious offence is—\nan offence against a provision of an Act mentioned in schedule 2 or 3 , column 1, subject to any qualification mentioned opposite in column 3; or\nan offence of counselling or procuring the commission of an offence of a kind mentioned in paragraph (a) ; or\nan offence of attempting, or of conspiring, to commit an offence of a kind mentioned in paragraph (a) ; or\nan offence that has, as an element, an intention to commit an offence of a kind mentioned in paragraph (a) ; or\nan offence that, at the time it was committed, or is alleged to have been committed, was an offence of a kind mentioned in paragraph (a) ; or\nanother offence that is a reportable offence under the Offender Reporting Act that is not otherwise a serious offence under this Act; or\nan offence under a law of another jurisdiction that, if it had been committed in Queensland, would have constituted an offence mentioned in paragraph (a) to (f) .\nColumn 2 in schedules 2 and 3 is included for information purposes only and states a section heading for the provision mentioned opposite in column 1.\nDespite subsection (1) , an offence is not a serious offence if the offence was committed, or is alleged to have been committed, by a person when the person was a child.\nHowever, if the conduct constituting or alleged to constitute an offence occurs between 2 dates, the first on which the person was a child and the second on which the person was an adult, the conduct is taken to occur when the person was an adult.\nFor this section, it is immaterial if a provision mentioned in schedule 2 or 3 , column 1, for an Act has been amended from time to time or that the provision was previously numbered with a different number.\ns 15 prev s 15 (prev s 13) renum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 53\npres s 15 (prev s 167) ins 2010 No. 5 s 58\namd 2014 No. 34 s 35 sch 1\nreloc and renum 2019 No. 18 s 15\namd 2024 No. 50 s 34\n(sec.15-ssec.1) A serious offence is— an offence against a provision of an Act mentioned in schedule 2 or 3 , column 1, subject to any qualification mentioned opposite in column 3; or an offence of counselling or procuring the commission of an offence of a kind mentioned in paragraph (a) ; or an offence of attempting, or of conspiring, to commit an offence of a kind mentioned in paragraph (a) ; or an offence that has, as an element, an intention to commit an offence of a kind mentioned in paragraph (a) ; or an offence that, at the time it was committed, or is alleged to have been committed, was an offence of a kind mentioned in paragraph (a) ; or another offence that is a reportable offence under the Offender Reporting Act that is not otherwise a serious offence under this Act; or an offence under a law of another jurisdiction that, if it had been committed in Queensland, would have constituted an offence mentioned in paragraph (a) to (f) . Column 2 in schedules 2 and 3 is included for information purposes only and states a section heading for the provision mentioned opposite in column 1.\n(sec.15-ssec.2) Despite subsection (1) , an offence is not a serious offence if the offence was committed, or is alleged to have been committed, by a person when the person was a child.\n(sec.15-ssec.3) However, if the conduct constituting or alleged to constitute an offence occurs between 2 dates, the first on which the person was a child and the second on which the person was an adult, the conduct is taken to occur when the person was an adult.\n(sec.15-ssec.4) For this section, it is immaterial if a provision mentioned in schedule 2 or 3 , column 1, for an Act has been amended from time to time or that the provision was previously numbered with a different number.\n- (a) an offence against a provision of an Act mentioned in schedule 2 or 3 , column 1, subject to any qualification mentioned opposite in column 3; or\n- (b) an offence of counselling or procuring the commission of an offence of a kind mentioned in paragraph (a) ; or\n- (c) an offence of attempting, or of conspiring, to commit an offence of a kind mentioned in paragraph (a) ; or\n- (d) an offence that has, as an element, an intention to commit an offence of a kind mentioned in paragraph (a) ; or\n- (e) an offence that, at the time it was committed, or is alleged to have been committed, was an offence of a kind mentioned in paragraph (a) ; or\n- (f) another offence that is a reportable offence under the Offender Reporting Act that is not otherwise a serious offence under this Act; or\n- (g) an offence under a law of another jurisdiction that, if it had been committed in Queensland, would have constituted an offence mentioned in paragraph (a) to (f) .","sortOrder":17},{"sectionNumber":"sec.16","sectionType":"section","heading":"What is a disqualifying offence","content":"### sec.16 What is a disqualifying offence\n\nA disqualifying offence is—\nan offence against a provision of an Act mentioned in schedule 4 or 5 , column 1, subject to any qualification mentioned opposite in column 3; or\nan offence of counselling or procuring the commission of an offence of a kind mentioned in paragraph (a) ; or\nan offence of attempting, or of conspiring, to commit an offence of a kind mentioned in paragraph (a) ; or\nan offence that has, as an element, intention to commit an offence of a kind mentioned in paragraph (a) ; or\nan offence that, at the time it was committed, or alleged to have been committed, was an offence of a kind mentioned in paragraph (a) ; or\nan offence under a law of another jurisdiction that, if it had been committed in Queensland, would have constituted an offence mentioned in paragraph (a) to (e) .\nColumn 2 in schedules 4 and 5 is included for information purposes only and states a section heading for the provision mentioned opposite in column 1.\nDespite subsection (1) , an offence is not a disqualifying offence if the offence was committed, or is alleged to have been committed, by a person when the person was a child.\nHowever, if the conduct constituting or alleged to constitute an offence occurs between 2 dates, the first on which the person was a child and the second on which the person was an adult, the conduct is taken to occur when the person was an adult.\nFor this section, it is immaterial if a provision mentioned in schedule 4 or 5 , column 1, for an Act has been amended from time to time or that the provision was previously numbered with a different number.\ns 16 prev s 16 (prev s 14) amd 2001 No. 69 s 378 sch 1 ; 2009 No. 9 s 136 sch 1\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 53\npres s 16 (prev s 168) ins 2010 No. 5 s 58\nreloc and renum 2019 No. 18 s 15\namd 2024 No. 50 s 35\n(sec.16-ssec.1) A disqualifying offence is— an offence against a provision of an Act mentioned in schedule 4 or 5 , column 1, subject to any qualification mentioned opposite in column 3; or an offence of counselling or procuring the commission of an offence of a kind mentioned in paragraph (a) ; or an offence of attempting, or of conspiring, to commit an offence of a kind mentioned in paragraph (a) ; or an offence that has, as an element, intention to commit an offence of a kind mentioned in paragraph (a) ; or an offence that, at the time it was committed, or alleged to have been committed, was an offence of a kind mentioned in paragraph (a) ; or an offence under a law of another jurisdiction that, if it had been committed in Queensland, would have constituted an offence mentioned in paragraph (a) to (e) . Column 2 in schedules 4 and 5 is included for information purposes only and states a section heading for the provision mentioned opposite in column 1.\n(sec.16-ssec.2) Despite subsection (1) , an offence is not a disqualifying offence if the offence was committed, or is alleged to have been committed, by a person when the person was a child.\n(sec.16-ssec.3) However, if the conduct constituting or alleged to constitute an offence occurs between 2 dates, the first on which the person was a child and the second on which the person was an adult, the conduct is taken to occur when the person was an adult.\n(sec.16-ssec.4) For this section, it is immaterial if a provision mentioned in schedule 4 or 5 , column 1, for an Act has been amended from time to time or that the provision was previously numbered with a different number.\n- (a) an offence against a provision of an Act mentioned in schedule 4 or 5 , column 1, subject to any qualification mentioned opposite in column 3; or\n- (b) an offence of counselling or procuring the commission of an offence of a kind mentioned in paragraph (a) ; or\n- (c) an offence of attempting, or of conspiring, to commit an offence of a kind mentioned in paragraph (a) ; or\n- (d) an offence that has, as an element, intention to commit an offence of a kind mentioned in paragraph (a) ; or\n- (e) an offence that, at the time it was committed, or alleged to have been committed, was an offence of a kind mentioned in paragraph (a) ; or\n- (f) an offence under a law of another jurisdiction that, if it had been committed in Queensland, would have constituted an offence mentioned in paragraph (a) to (e) .","sortOrder":18},{"sectionNumber":"sec.17","sectionType":"section","heading":"Who is a disqualified person","content":"### sec.17 Who is a disqualified person\n\nA person is a disqualified person if the person—\nhas been or is convicted of a disqualifying offence; or\nis subject to—\noffender reporting obligations; or\nan offender prohibition order; or\na disqualification order; or\na sexual offender order; or\nis the respondent to an application for an offender prohibition order under the Offender Reporting Act .\ns 17 prev s 17 (prev s 15) amd 2004 No. 13 s 40 ; 2004 No. 49 s 4 ; 2004 No. 36 s 39 ; 2010 No. 5 s 56 (3) sch 2 amdts 5–10\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 53\npres s 17 (prev s 169) ins 2010 No. 5 s 58\namd 2014 No. 28 s 55 ; 2019 No. 18 s 13\nreloc and renum 2019 No. 18 s 15\namd 2024 No. 50 s 36\n(sec.17-ssec) A person is a disqualified person if the person— has been or is convicted of a disqualifying offence; or is subject to— offender reporting obligations; or an offender prohibition order; or a disqualification order; or a sexual offender order; or is the respondent to an application for an offender prohibition order under the Offender Reporting Act .\n- (a) has been or is convicted of a disqualifying offence; or\n- (b) is subject to— (i) offender reporting obligations; or (ii) an offender prohibition order; or (iii) a disqualification order; or (iv) a sexual offender order; or\n- (i) offender reporting obligations; or\n- (ii) an offender prohibition order; or\n- (iii) a disqualification order; or\n- (iv) a sexual offender order; or\n- (c) is the respondent to an application for an offender prohibition order under the Offender Reporting Act .\n- (i) offender reporting obligations; or\n- (ii) an offender prohibition order; or\n- (iii) a disqualification order; or\n- (iv) a sexual offender order; or","sortOrder":19},{"sectionNumber":"sec.18","sectionType":"section","heading":"Meaning of working with children authority","content":"### sec.18 Meaning of working with children authority\n\nA working with children authority means—\na working with children clearance; or\na working with children exemption.\ns 18 prev s 18 (prev s 15AA) ins 2004 No. 36 s 40\namd 2010 No. 5 s 56 (3) sch 2 amdts 11–12\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\namd 2012 No. 5 s 230 sch 1 pt 2\nom 2014 No. 28 s 53\npres s 18 (prev s 170) ins 2010 No. 5 s 58\namd 2019 No. 18 s 14\nreloc and renum 2019 No. 18 s 15\nsub 2024 No. 50 s 37\n- (a) a working with children clearance; or\n- (b) a working with children exemption.","sortOrder":20},{"sectionNumber":"sec.18A","sectionType":"section","heading":"Meaning of working with children clearance","content":"### sec.18A Meaning of working with children clearance\n\nA working with children clearance is an authority—\nissued by the chief executive to a person who made a working with children check (general) application; and\nthat indicates—\nscreening of the person has been undertaken under this Act; and\nthe person is authorised to engage in regulated employment or carry on a regulated business.\ns 18A ins 2024 No. 50 s 37\n- (a) issued by the chief executive to a person who made a working with children check (general) application; and\n- (b) that indicates— (i) screening of the person has been undertaken under this Act; and (ii) the person is authorised to engage in regulated employment or carry on a regulated business.\n- (i) screening of the person has been undertaken under this Act; and\n- (ii) the person is authorised to engage in regulated employment or carry on a regulated business.\n- (i) screening of the person has been undertaken under this Act; and\n- (ii) the person is authorised to engage in regulated employment or carry on a regulated business.","sortOrder":21},{"sectionNumber":"sec.18B","sectionType":"section","heading":"Meaning of working with children exemption","content":"### sec.18B Meaning of working with children exemption\n\nA working with children exemption is an authority—\nissued by the chief executive to a person who made a working with children check (exemption) application; and\nthat indicates—\nscreening of the person has been undertaken under this Act; and\nthe person is authorised to engage in regulated employment or carry on a regulated business outside of the scope of the person’s responsibilities as a police officer or registered teacher.\ns 18B ins 2024 No. 50 s 37\n- (a) issued by the chief executive to a person who made a working with children check (exemption) application; and\n- (b) that indicates— (i) screening of the person has been undertaken under this Act; and (ii) the person is authorised to engage in regulated employment or carry on a regulated business outside of the scope of the person’s responsibilities as a police officer or registered teacher.\n- (i) screening of the person has been undertaken under this Act; and\n- (ii) the person is authorised to engage in regulated employment or carry on a regulated business outside of the scope of the person’s responsibilities as a police officer or registered teacher.\n- (i) screening of the person has been undertaken under this Act; and\n- (ii) the person is authorised to engage in regulated employment or carry on a regulated business outside of the scope of the person’s responsibilities as a police officer or registered teacher.","sortOrder":22},{"sectionNumber":"sec.18C","sectionType":"section","heading":"Meaning of negative notice","content":"### sec.18C Meaning of negative notice\n\nA negative notice is a declaration, issued by the chief executive to a person, that indicates—\nscreening of the person has been undertaken under this Act; and\nthe person is not authorised to engage in regulated employment or carry on a regulated business.\ns 18C ins 2024 No. 50 s 37\n- (a) screening of the person has been undertaken under this Act; and\n- (b) the person is not authorised to engage in regulated employment or carry on a regulated business.","sortOrder":23},{"sectionNumber":"sec.18D","sectionType":"section","heading":"Meaning of risk to the safety of children","content":"### sec.18D Meaning of risk to the safety of children\n\nA reference in this Act to a risk to the safety of children is a reference to a real and appreciable risk to the safety of children.\ns 18D ins 2024 No. 50 s 37","sortOrder":24},{"sectionNumber":"sec.19","sectionType":"section","heading":"Meaning of interstate working with children check application , interstate working with children authority and related terms","content":"### sec.19 Meaning of interstate working with children check application , interstate working with children authority and related terms\n\nAn interstate working with children check application is an application, however called, made under a corresponding WWC law that corresponds to a working with children check application under this Act.\nAn interstate working with children authority is an authority, however called, issued under a corresponding WWC law that corresponds to a working with children authority under this Act.\nAn interstate negative notice is a notice, however called, issued under a corresponding WWC law, that—\ncorresponds to a negative notice; or\nimposes a condition that prohibits a person from carrying out child-related work.\nA conditional interstate WWC authority is an authority, however called, issued under a corresponding WWC law that has the effect of permitting a person to carry out child-related work subject to stated conditions, including, for example, a condition that the person carries out child-related work only under supervision.\nAn interstate interim bar is a restriction, however described, imposed under a corresponding WWC law in relation to a person who made an interstate working with children check application that has the effect of prohibiting the person from carrying out child-related work while the application is decided.\ns 19 prev s 19 (orig s 15A) ins 2004 No. 13 s 41\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 53\npres s 19 ins 2022 No. 7 s 95\n(sec.19-ssec.1) An interstate working with children check application is an application, however called, made under a corresponding WWC law that corresponds to a working with children check application under this Act.\n(sec.19-ssec.2) An interstate working with children authority is an authority, however called, issued under a corresponding WWC law that corresponds to a working with children authority under this Act.\n(sec.19-ssec.3) An interstate negative notice is a notice, however called, issued under a corresponding WWC law, that— corresponds to a negative notice; or imposes a condition that prohibits a person from carrying out child-related work.\n(sec.19-ssec.4) A conditional interstate WWC authority is an authority, however called, issued under a corresponding WWC law that has the effect of permitting a person to carry out child-related work subject to stated conditions, including, for example, a condition that the person carries out child-related work only under supervision.\n(sec.19-ssec.5) An interstate interim bar is a restriction, however described, imposed under a corresponding WWC law in relation to a person who made an interstate working with children check application that has the effect of prohibiting the person from carrying out child-related work while the application is decided.\n- (a) corresponds to a negative notice; or\n- (b) imposes a condition that prohibits a person from carrying out child-related work.","sortOrder":25},{"sectionNumber":"sec.20","sectionType":"section","heading":"Meaning of adverse interstate WWC decision and related terms","content":"### sec.20 Meaning of adverse interstate WWC decision and related terms\n\nEach of the following decisions about a person made under a corresponding WWC law is an adverse interstate WWC decision —\na decision to refuse an interstate working with children check application made by the person;\na decision to issue an interstate negative notice to the person;\na decision to suspend or cancel an interstate working with children authority held by the person;\na decision to impose an interstate interim bar on the person.\nAn adverse interstate WWC decision is in effect if—\nthe decision has not been overturned on review or appeal; and\nthe decision has not otherwise stopped having effect because—\nfor a decision to refuse an interstate working with children check application made by the person—a later interstate working with children check application made by the person has been decided by the interstate screening unit that refused the application; or\nfor a decision to issue an interstate negative notice to a person—the notice has expired or been revoked; or\nfor a decision to suspend an interstate working with children authority held by a person—the suspension has ended or the authority has been cancelled; or\nfor a decision to impose an interstate interim bar on a person—the interim bar has ended.\nAdverse interstate WWC information about a person is—\neach adverse interstate WWC decision made about the person; and\neach decision to issue a conditional interstate WWC authority to the person; and\ninformation related to a decision mentioned in paragraph (a) or (b) about the person, including the reasons for the decision.\ns 20 prev s 20 (orig s 16) amd 2004 No. 13 s 42 ; 2010 No. 5 s 56 (3) sch 2 amdt 13\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 53\npres s 20 ins 2022 No. 7 s 95\n(sec.20-ssec.1) Each of the following decisions about a person made under a corresponding WWC law is an adverse interstate WWC decision — a decision to refuse an interstate working with children check application made by the person; a decision to issue an interstate negative notice to the person; a decision to suspend or cancel an interstate working with children authority held by the person; a decision to impose an interstate interim bar on the person.\n(sec.20-ssec.2) An adverse interstate WWC decision is in effect if— the decision has not been overturned on review or appeal; and the decision has not otherwise stopped having effect because— for a decision to refuse an interstate working with children check application made by the person—a later interstate working with children check application made by the person has been decided by the interstate screening unit that refused the application; or for a decision to issue an interstate negative notice to a person—the notice has expired or been revoked; or for a decision to suspend an interstate working with children authority held by a person—the suspension has ended or the authority has been cancelled; or for a decision to impose an interstate interim bar on a person—the interim bar has ended.\n(sec.20-ssec.3) Adverse interstate WWC information about a person is— each adverse interstate WWC decision made about the person; and each decision to issue a conditional interstate WWC authority to the person; and information related to a decision mentioned in paragraph (a) or (b) about the person, including the reasons for the decision.\n- (a) a decision to refuse an interstate working with children check application made by the person;\n- (b) a decision to issue an interstate negative notice to the person;\n- (c) a decision to suspend or cancel an interstate working with children authority held by the person;\n- (d) a decision to impose an interstate interim bar on the person.\n- (a) the decision has not been overturned on review or appeal; and\n- (b) the decision has not otherwise stopped having effect because— (i) for a decision to refuse an interstate working with children check application made by the person—a later interstate working with children check application made by the person has been decided by the interstate screening unit that refused the application; or (ii) for a decision to issue an interstate negative notice to a person—the notice has expired or been revoked; or (iii) for a decision to suspend an interstate working with children authority held by a person—the suspension has ended or the authority has been cancelled; or (iv) for a decision to impose an interstate interim bar on a person—the interim bar has ended.\n- (i) for a decision to refuse an interstate working with children check application made by the person—a later interstate working with children check application made by the person has been decided by the interstate screening unit that refused the application; or\n- (ii) for a decision to issue an interstate negative notice to a person—the notice has expired or been revoked; or\n- (iii) for a decision to suspend an interstate working with children authority held by a person—the suspension has ended or the authority has been cancelled; or\n- (iv) for a decision to impose an interstate interim bar on a person—the interim bar has ended.\n- (i) for a decision to refuse an interstate working with children check application made by the person—a later interstate working with children check application made by the person has been decided by the interstate screening unit that refused the application; or\n- (ii) for a decision to issue an interstate negative notice to a person—the notice has expired or been revoked; or\n- (iii) for a decision to suspend an interstate working with children authority held by a person—the suspension has ended or the authority has been cancelled; or\n- (iv) for a decision to impose an interstate interim bar on a person—the interim bar has ended.\n- (a) each adverse interstate WWC decision made about the person; and\n- (b) each decision to issue a conditional interstate WWC authority to the person; and\n- (c) information related to a decision mentioned in paragraph (a) or (b) about the person, including the reasons for the decision.","sortOrder":26},{"sectionNumber":"ch.1-pt.3","sectionType":"part","heading":null,"content":"","sortOrder":27},{"sectionNumber":"ch.1-pt.4","sectionType":"part","heading":null,"content":"","sortOrder":28},{"sectionNumber":"ch.2-pt.1","sectionType":"part","heading":null,"content":"","sortOrder":29},{"sectionNumber":"ch.2-pt.2","sectionType":"part","heading":null,"content":"","sortOrder":30},{"sectionNumber":"sec.21","sectionType":"section","heading":null,"content":"### Section sec.21\n\ns 21 (prev s 16A) ins 2004 No. 13 s 43\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 53","sortOrder":31},{"sectionNumber":"sec.22","sectionType":"section","heading":null,"content":"### Section sec.22\n\ns 22 (prev s 17) amd 2010 No. 5 s 56 (3) sch 2 amdt 14\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 53","sortOrder":32},{"sectionNumber":"sec.23","sectionType":"section","heading":null,"content":"### Section sec.23\n\ns 23 (prev s 18) amd 2004 No. 13 s 44 ; 2004 No. 36 s 41\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 53","sortOrder":33},{"sectionNumber":"sec.24","sectionType":"section","heading":null,"content":"### Section sec.24\n\ns 24 (prev s 19) renum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 53","sortOrder":34},{"sectionNumber":"sec.25","sectionType":"section","heading":null,"content":"### Section sec.25\n\ns 25 (prev s 20) amd 2001 No. 69 s 378 sch 1 ; 2004 No. 13 ss 45 , 30 sch 1\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 53","sortOrder":35},{"sectionNumber":"ch.2-pt.3","sectionType":"part","heading":null,"content":"","sortOrder":36},{"sectionNumber":"sec.26","sectionType":"section","heading":null,"content":"### Section sec.26\n\ns 26 (prev s 21) amd 2009 No. 25 s 83 sch ; 2010 No. 5 s 56 (3) sch 2 amdt 8\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 53","sortOrder":37},{"sectionNumber":"sec.27","sectionType":"section","heading":null,"content":"### Section sec.27\n\ns 27 (prev s 22) amd 2010 No. 5 s 56 (3) sch 2 amdt 15\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 53","sortOrder":38},{"sectionNumber":"sec.28","sectionType":"section","heading":null,"content":"### Section sec.28\n\ns 28 (prev s 23) renum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 53","sortOrder":39},{"sectionNumber":"sec.29","sectionType":"section","heading":null,"content":"### Section sec.29\n\ns 29 (prev s 24) renum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 53","sortOrder":40},{"sectionNumber":"sec.30","sectionType":"section","heading":null,"content":"### Section sec.30\n\ns 30 (prev s 25) renum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 53","sortOrder":41},{"sectionNumber":"sec.31","sectionType":"section","heading":null,"content":"### Section sec.31\n\ns 31 (prev s 26) renum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 53","sortOrder":42},{"sectionNumber":"sec.32","sectionType":"section","heading":null,"content":"### Section sec.32\n\ns 32 (prev s 27) renum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 53","sortOrder":43},{"sectionNumber":"sec.33","sectionType":"section","heading":null,"content":"### Section sec.33\n\ns 33 (prev s 28) amd 2010 No. 5 s 56 (3) sch 2 amdt 16\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 53","sortOrder":44},{"sectionNumber":"ch.2-pt.4","sectionType":"part","heading":null,"content":"","sortOrder":45},{"sectionNumber":"sec.34","sectionType":"section","heading":null,"content":"### Section sec.34\n\ns 34 (prev s 28A) ins 2004 No. 13 s 46\namd 2010 No. 5 s 56 (3) sch 2 amdts 17–18\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 53","sortOrder":46},{"sectionNumber":"ch.2-pt.5","sectionType":"part","heading":null,"content":"","sortOrder":47},{"sectionNumber":"sec.35","sectionType":"section","heading":null,"content":"### Section sec.35\n\ns 35 (prev s 29) amd 2009 No. 25 s 83 sch ; 2010 No. 5 s 56 (3) sch 2 amdt 19\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 53","sortOrder":48},{"sectionNumber":"sec.36","sectionType":"section","heading":null,"content":"### Section sec.36\n\ns 36 (prev s 30) sub 2010 No. 5 s 57\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nsub 2010 No. 33 s 95\nom 2014 No. 28 s 53","sortOrder":49},{"sectionNumber":"sec.37","sectionType":"section","heading":null,"content":"### Section sec.37\n\ns 37 (prev s 31) renum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 53","sortOrder":50},{"sectionNumber":"ch.3-pt.1","sectionType":"part","heading":null,"content":"","sortOrder":51},{"sectionNumber":"sec.38","sectionType":"section","heading":null,"content":"### Section sec.38\n\ns 38 (prev s 31A) ins 2004 No. 13 s 47\namd 2010 No. 5 s 56 (3) sch 2 amdt 20\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 53","sortOrder":52},{"sectionNumber":"sec.39","sectionType":"section","heading":null,"content":"### Section sec.39\n\ns 39 (prev s 31B) ins 2004 No. 13 s 47\namd 2004 No. 36 s 42 ; 2010 No. 5 s 56 (3) sch 2 amdts 1, 20\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 53","sortOrder":53},{"sectionNumber":"ch.3-pt.2","sectionType":"part","heading":null,"content":"","sortOrder":54},{"sectionNumber":"sec.40","sectionType":"section","heading":null,"content":"### Section sec.40\n\ns 40 (prev s 31C) ins 2004 No. 13 s 47\namd 2004 No. 36 s 43\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 53","sortOrder":55},{"sectionNumber":"sec.41","sectionType":"section","heading":null,"content":"### Section sec.41\n\ns 41 (prev s 31D) ins 2004 No. 13 s 47\namd 2004 No. 36 s 44 ; 2010 No. 5 s 56 (2) – (3) sch 1 amdts 2–3, sch 2 amdts 21–22\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 53","sortOrder":56},{"sectionNumber":"sec.42","sectionType":"section","heading":null,"content":"### Section sec.42\n\ns 42 orig s 42 om 2004 No. 13 s 53 (1)\nprev s 42 (orig s 31DA) ins 2004 No. 36 s 45\namd 2010 No. 5 s 56 (2) – (3) sch 1 amdt 3, sch 2 amdts 21, 23\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 53","sortOrder":57},{"sectionNumber":"sec.43","sectionType":"section","heading":null,"content":"### Section sec.43\n\ns 43 (prev s 31DB) ins 2004 No. 36 s 45\namd 2010 No. 5 s 56 (3) sch 2 amdt 21\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 53","sortOrder":58},{"sectionNumber":"sec.44","sectionType":"section","heading":null,"content":"### Section sec.44\n\ns 44 (prev s 31E) ins 2004 No. 13 s 47\namd 2010 No. 5 s 56 (3) sch 2 amdts 21–22\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 53","sortOrder":59},{"sectionNumber":"sec.45","sectionType":"section","heading":null,"content":"### Section sec.45\n\ns 45 (prev s 31EA) ins 2004 No. 36 s 46\namd 2006 No. 39 s 512 (1) sch 1 ; 2010 No. 5 s 56 (2) sch 1 amdt 4\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\namd 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47 )\nom 2014 No. 28 s 53","sortOrder":60},{"sectionNumber":"sec.46","sectionType":"section","heading":null,"content":"### Section sec.46\n\ns 46 (prev s 31EB) ins 2004 No. 36 s 46\namd 2010 No. 5 s 56 (3) sch 2 amdts 1, 24–25\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 53","sortOrder":61},{"sectionNumber":"sec.47","sectionType":"section","heading":null,"content":"### Section sec.47\n\ns 47 (prev s 31EC) ins 2004 No. 36 s 46\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 53","sortOrder":62},{"sectionNumber":"sec.48","sectionType":"section","heading":null,"content":"### Section sec.48\n\ns 48 (prev s 31F) ins 2004 No. 13 s 47\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 53","sortOrder":63},{"sectionNumber":"sec.49","sectionType":"section","heading":null,"content":"### Section sec.49\n\ns 49 (prev s 31G) ins 2004 No. 13 s 47\namd 2004 No. 36 s 47 ; 2010 No. 5 s 56 (3) sch 2 amdt 22\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 53","sortOrder":64},{"sectionNumber":"sec.50","sectionType":"section","heading":null,"content":"### Section sec.50\n\ns 50 (prev s 31H) ins 2004 No. 13 s 47\namd 2004 No. 36 s 48 ; 2010 No. 5 s 56 (3) sch 2 amdt 26\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 53","sortOrder":65},{"sectionNumber":"sec.51","sectionType":"section","heading":null,"content":"### Section sec.51\n\ns 51 (prev s 31I) ins 2004 No. 13 s 47\namd 2004 No. 36 s 49 ; 2010 No. 5 s 56 (3) sch 2 amdts 27–29\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 53","sortOrder":66},{"sectionNumber":"sec.52","sectionType":"section","heading":null,"content":"### Section sec.52\n\ns 52 (prev s 31J) ins 2004 No. 13 s 47\namd 2010 No. 5 s 56 (3) sch 2 amdt 27\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 53","sortOrder":67},{"sectionNumber":"ch.4-pt.1","sectionType":"part","heading":null,"content":"","sortOrder":68},{"sectionNumber":"sec.53","sectionType":"section","heading":null,"content":"### Section sec.53\n\ns 53 (prev s 31K) ins 2004 No. 13 s 49\namd 2010 No. 5 s 56 (3) sch 2 amdts 1, 20\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 53","sortOrder":69},{"sectionNumber":"ch.4-pt.2","sectionType":"part","heading":null,"content":"","sortOrder":70},{"sectionNumber":"sec.54","sectionType":"section","heading":null,"content":"### Section sec.54\n\ns 54 (prev s 32) amd 2002 No. 39 s 143 ; 1992 No. 44 s 341 sch 3 (ins 2002 No. 39 ss 115 , 118 ); 2004 No. 13 s 50 ; 2009 No. 34 s 45 (1) sch pt 1 ; 2010 No. 5 s 56 (3) sch 2 amdt 20\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 53","sortOrder":71},{"sectionNumber":"sec.55","sectionType":"section","heading":null,"content":"### Section sec.55\n\ns 55 (prev s 33) renum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 53","sortOrder":72},{"sectionNumber":"sec.56","sectionType":"section","heading":null,"content":"### Section sec.56\n\ns 56 (prev s 34) renum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 53","sortOrder":73},{"sectionNumber":"sec.57","sectionType":"section","heading":null,"content":"### Section sec.57\n\ns 57 (prev s 35) renum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 53","sortOrder":74},{"sectionNumber":"sec.58","sectionType":"section","heading":null,"content":"### Section sec.58\n\ns 58 (prev s 36) renum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 53","sortOrder":75},{"sectionNumber":"sec.59","sectionType":"section","heading":null,"content":"### Section sec.59\n\ns 59 (prev s 37) amd 2010 No. 5 s 56 (3) sch 2 amdt 27\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 53","sortOrder":76},{"sectionNumber":"ch.4-pt.3","sectionType":"part","heading":null,"content":"","sortOrder":77},{"sectionNumber":"sec.60","sectionType":"section","heading":null,"content":"### Section sec.60\n\ns 60 (prev s 38) renum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 53","sortOrder":78},{"sectionNumber":"sec.61","sectionType":"section","heading":null,"content":"### Section sec.61\n\ns 61 (prev s 39) amd 2010 No. 5 s 56 (3) sch 2 amdts 30–31\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 53","sortOrder":79},{"sectionNumber":"sec.62","sectionType":"section","heading":null,"content":"### Section sec.62\n\ns 62 (prev s 40) amd 2009 No. 24 s 30 ; 2010 No. 5 s 56 (2) sch 1 amdt 5\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\namd 2010 No. 33 s 96\nom 2014 No. 28 s 53","sortOrder":80},{"sectionNumber":"ch.4-pt.4","sectionType":"part","heading":null,"content":"","sortOrder":81},{"sectionNumber":"ch.4-pt.4-div.1","sectionType":"division","heading":null,"content":"","sortOrder":82},{"sectionNumber":"sec.63","sectionType":"section","heading":null,"content":"### Section sec.63\n\ns 63 (prev s 41) amd 2004 No. 13 s 52\n(2)–(3) (prev s 42(1)–(2)) renum and reloc 2004 No. 13 s 53 (2)\namd 2010 No. 5 s 56 (3) sch 2 amdt 32\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 53","sortOrder":83},{"sectionNumber":"sec.64","sectionType":"section","heading":null,"content":"### Section sec.64\n\ns 64 (prev s 42) ins 2004 No. 13 s 54\namd 2010 No. 5 s 56 (3) sch 2 amdt 20\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 53","sortOrder":84},{"sectionNumber":"ch.4-pt.4-div.2","sectionType":"division","heading":null,"content":"","sortOrder":85},{"sectionNumber":"sec.65","sectionType":"section","heading":null,"content":"### Section sec.65\n\ns 65 (prev s 43) amd 2004 No. 13 s 55 ; 2010 No. 5 s 56 (3) sch 2 amdt 33\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 53","sortOrder":86},{"sectionNumber":"sec.66","sectionType":"section","heading":null,"content":"### Section sec.66\n\ns 66 (prev s 44) amd 2009 No. 34 s 45 (1) sch pt 1 ; 2010 No. 5 s 56 (3) sch 2 amdt 34\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 53","sortOrder":87},{"sectionNumber":"sec.67","sectionType":"section","heading":null,"content":"### Section sec.67\n\ns 67 (prev s 45) renum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 53","sortOrder":88},{"sectionNumber":"sec.68","sectionType":"section","heading":null,"content":"### Section sec.68\n\ns 68 (prev s 46) amd 2004 No. 13 s 30 sch 1 ; 2004 No. 36 s 50 ; 2005 No. 48 s 492 sch 1\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 53","sortOrder":89},{"sectionNumber":"ch.4-pt.4-div.3","sectionType":"division","heading":null,"content":"","sortOrder":90},{"sectionNumber":"sec.69","sectionType":"section","heading":null,"content":"### Section sec.69\n\ns 69 (prev s 47) amd 2010 No. 5 s 56 (3) sch 2 amdts 1, 35\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 53","sortOrder":91},{"sectionNumber":"sec.70","sectionType":"section","heading":null,"content":"### Section sec.70\n\ns 70 (prev s 48) renum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 53","sortOrder":92},{"sectionNumber":"sec.71","sectionType":"section","heading":null,"content":"### Section sec.71\n\ns 71 (prev s 49) amd 2001 No. 69 s 378 sch 1\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 53","sortOrder":93},{"sectionNumber":"sec.72","sectionType":"section","heading":null,"content":"### Section sec.72\n\ns 72 (prev s 50) renum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 53","sortOrder":94},{"sectionNumber":"sec.73","sectionType":"section","heading":null,"content":"### Section sec.73\n\ns 73 (prev s 51) amd 2010 No. 5 s 56 (3) sch 2 amdts 35–37\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 53","sortOrder":95},{"sectionNumber":"ch.4-pt.4-div.4","sectionType":"division","heading":null,"content":"","sortOrder":96},{"sectionNumber":"sec.74","sectionType":"section","heading":null,"content":"### Section sec.74\n\ns 74 (prev s 52) renum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 53","sortOrder":97},{"sectionNumber":"sec.75","sectionType":"section","heading":null,"content":"### Section sec.75\n\ns 75 (prev s 53) renum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 53","sortOrder":98},{"sectionNumber":"sec.76","sectionType":"section","heading":null,"content":"### Section sec.76\n\ns 76 (prev s 54) renum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 53","sortOrder":99},{"sectionNumber":"sec.77","sectionType":"section","heading":null,"content":"### Section sec.77\n\ns 77 (prev s 55) renum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 53","sortOrder":100},{"sectionNumber":"ch.4-pt.4-div.5","sectionType":"division","heading":null,"content":"","sortOrder":101},{"sectionNumber":"sec.78","sectionType":"section","heading":null,"content":"### Section sec.78\n\ns 78 (prev s 56) amd 2004 No. 13 s 56\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 53","sortOrder":102},{"sectionNumber":"sec.79","sectionType":"section","heading":null,"content":"### Section sec.79\n\ns 79 (prev s 57) amd 2004 No. 13 s 57 ; 2010 No. 5 s 56 (3) sch 2 amdt 38\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 53","sortOrder":103},{"sectionNumber":"sec.80","sectionType":"section","heading":null,"content":"### Section sec.80\n\ns 80 (prev s 58) amd 2004 No. 13 s 58 ; 2010 No. 5 s 56 (3) sch 2 amdt 38\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 53","sortOrder":104},{"sectionNumber":"sec.81","sectionType":"section","heading":null,"content":"### Section sec.81\n\ns 81 (prev s 59) renum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 53","sortOrder":105},{"sectionNumber":"ch.4-pt.4-div.6","sectionType":"division","heading":null,"content":"","sortOrder":106},{"sectionNumber":"sec.82","sectionType":"section","heading":null,"content":"### Section sec.82\n\ns 82 (prev s 60) amd 2010 No. 5 s 56 (3) sch 2 amdts 1, 35\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 53","sortOrder":107},{"sectionNumber":"sec.83","sectionType":"section","heading":null,"content":"### Section sec.83\n\ns 83 (prev s 61) renum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 53","sortOrder":108},{"sectionNumber":"sec.84","sectionType":"section","heading":null,"content":"### Section sec.84\n\ns 84 (prev s 62) amd 2010 No. 5 s 56 (3) sch 2 amdt 39\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 53","sortOrder":109},{"sectionNumber":"sec.85","sectionType":"section","heading":null,"content":"### Section sec.85\n\ns 85 (prev s 63) amd 2010 No. 5 s 56 (3) sch 2 amdt 40\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 53","sortOrder":110},{"sectionNumber":"ch.5-pt.1","sectionType":"part","heading":null,"content":"","sortOrder":111},{"sectionNumber":"sec.86","sectionType":"section","heading":null,"content":"### Section sec.86\n\ns 86 (prev s 64) sub 2004 No. 13 s 59\namd 2005 No. 40 s 69 sch ; 2010 No. 5 s 56 (3) sch 2 amdts 1, 20\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 26 s 208","sortOrder":112},{"sectionNumber":"sec.87","sectionType":"section","heading":null,"content":"### Section sec.87\n\ns 87 (prev s 64A) ins 2004 No. 13 s 59\namd 2010 No. 5 s 56 (3) sch 2 amdt 41\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 26 s 208","sortOrder":113},{"sectionNumber":"sec.88","sectionType":"section","heading":null,"content":"### Section sec.88\n\ns 88 (prev s 64B) ins 2004 No. 13 s 59\namd 2010 No. 5 s 56 (3) sch 2 amdt 42\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 26 s 208","sortOrder":114},{"sectionNumber":"ch.5-pt.2","sectionType":"part","heading":null,"content":"","sortOrder":115},{"sectionNumber":"sec.89","sectionType":"section","heading":null,"content":"### Section sec.89\n\ns 89 orig s 89 om 2004 No. 13 s 79\nprev s 89 (prev s 65) amd 2004 No. 13 s 61\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 26 s 208","sortOrder":116},{"sectionNumber":"sec.90","sectionType":"section","heading":null,"content":"### Section sec.90\n\ns 90 (prev s 66) amd 2004 No. 13 s 62\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 26 s 208","sortOrder":117},{"sectionNumber":"sec.91","sectionType":"section","heading":null,"content":"### Section sec.91\n\ns 91 (prev s 66A) ins 2004 No. 13 s 63\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 26 s 208","sortOrder":118},{"sectionNumber":"sec.92","sectionType":"section","heading":null,"content":"### Section sec.92\n\ns 92 (prev s 67) amd 2004 No. 13 s 64\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 26 s 208","sortOrder":119},{"sectionNumber":"ch.5-pt.3","sectionType":"part","heading":null,"content":"","sortOrder":120},{"sectionNumber":"ch.5-pt.3-div.1","sectionType":"division","heading":null,"content":"","sortOrder":121},{"sectionNumber":"sec.93","sectionType":"section","heading":null,"content":"### Section sec.93\n\ns 93 (prev s 68) amd 2004 No. 13 s 65\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 26 s 208","sortOrder":122},{"sectionNumber":"ch.5-pt.3-div.2","sectionType":"division","heading":null,"content":"","sortOrder":123},{"sectionNumber":"sec.94","sectionType":"section","heading":null,"content":"### Section sec.94\n\ns 94 (prev s 69) amd 2004 No. 13 s 67\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 26 s 208","sortOrder":124},{"sectionNumber":"sec.95","sectionType":"section","heading":null,"content":"### Section sec.95\n\ns 95 orig s 95 sub 2004 No. 49 s 6\nom 2010 No. 5 s 58\nprev s 95 (orig s 70) amd 2004 No. 13 s 68 ; 2010 No. 5 s 56 (3) sch 2 amdts 27, 43\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 26 s 208","sortOrder":125},{"sectionNumber":"sec.96","sectionType":"section","heading":null,"content":"### Section sec.96\n\ns 96 orig s 96 om 2010 No. 5 s 58\nprev s 96 (orig s 71) amd 2004 No. 13 s 69\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 26 s 208","sortOrder":126},{"sectionNumber":"sec.97","sectionType":"section","heading":null,"content":"### Section sec.97\n\ns 97 orig s 97 amd 2004 No. 49 s 7 ; 2007 No. 40 s 3\nom 2010 No. 5 s 58\nprev s 97 (orig s 72) amd 2004 No. 13 s 70 ; 2010 No. 5 s 56 (3) sch 2 amdt 27\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 26 s 208","sortOrder":127},{"sectionNumber":"sec.98","sectionType":"section","heading":null,"content":"### Section sec.98\n\ns 98 (prev s 73) sub 2004 No. 13 s 71\namd 2010 No. 5 s 56 (3) sch 2 amdt 35\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 26 s 208","sortOrder":128},{"sectionNumber":"sec.98A","sectionType":"section","heading":null,"content":"### Section sec.98A\n\ns 98A prev s 98A ins 2004 No. 49 s 8\nom 2010 No. 5 s 58","sortOrder":129},{"sectionNumber":"sec.98B","sectionType":"section","heading":null,"content":"### Section sec.98B\n\ns 98B prev s 98B ins 2004 No. 49 s 8\nom 2010 No. 5 s 58","sortOrder":130},{"sectionNumber":"ch.5-pt.3-div.3","sectionType":"division","heading":null,"content":"","sortOrder":131},{"sectionNumber":"sec.99","sectionType":"section","heading":null,"content":"### Section sec.99\n\ns 99 orig s 99 amd 2004 No. 49 s 9\nom 2010 No. 5 s 58\nprev s 99 (orig s 74) amd 2004 No. 13 s 72\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 26 s 208","sortOrder":132},{"sectionNumber":"sec.99A","sectionType":"section","heading":null,"content":"### Section sec.99A\n\ns 99A prev s 99A ins 2004 No. 49 s 10\nom 2010 No. 5 s 58","sortOrder":133},{"sectionNumber":"sec.99B","sectionType":"section","heading":null,"content":"### Section sec.99B\n\ns 99B prev s 99B ins 2004 No. 49 s 10\nom 2010 No. 5 s 58","sortOrder":134},{"sectionNumber":"sec.99BA","sectionType":"section","heading":null,"content":"### Section sec.99BA\n\ns 99BA prev s 99BA ins 2006 No. 17 s 30\nom 2010 No. 5 s 58","sortOrder":135},{"sectionNumber":"sec.99C","sectionType":"section","heading":null,"content":"### Section sec.99C\n\ns 99C prev s 99C ins 2004 No. 49 s 10\namd 2008 No. 18 s 4\nom 2010 No. 5 s 58","sortOrder":136},{"sectionNumber":"sec.99D","sectionType":"section","heading":null,"content":"### Section sec.99D\n\ns 99D prev s 99D ins 2004 No. 49 s 10\nom 2008 No. 18 s 5","sortOrder":137},{"sectionNumber":"sec.99E","sectionType":"section","heading":null,"content":"### Section sec.99E\n\ns 99E prev s 99E ins 2004 No. 49 s 10\namd 2005 No. 9 s 11\nom 2008 No. 18 s 5","sortOrder":138},{"sectionNumber":"sec.99F","sectionType":"section","heading":null,"content":"### Section sec.99F\n\ns 99F prev s 99F ins 2004 No. 49 s 10\namd 2006 No. 17 s 31\nom 2010 No. 5 s 58","sortOrder":139},{"sectionNumber":"sec.99G","sectionType":"section","heading":null,"content":"### Section sec.99G\n\ns 99G prev s 99G ins 2004 No.49 s 11\nom 2010 No. 5 s 58","sortOrder":140},{"sectionNumber":"sec.100","sectionType":"section","heading":null,"content":"### Section sec.100\n\ns 100 orig s 100 amd 2004 No. 49 s 13 ; 2006 No. 17 s 32 ; 2008 No. 18 s 6\nom 2010 No. 5 s 58\nprev s 100 (orig s 75) amd 2004 No. 13 s 73 ; 2010 No. 5 s 56 (3) sch 2 amdt 44\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 26 s 208","sortOrder":141},{"sectionNumber":"sec.101","sectionType":"section","heading":null,"content":"### Section sec.101\n\ns 101 orig s 101 amd 2004 No. 49 s 14 ; 2006 No. 17 s 33 ; 2008 No. 18 s 7\nom 2010 No. 5 s 58\nprev s 101 (orig s 76) amd 2004 No. 13 s 74\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 26 s 208","sortOrder":142},{"sectionNumber":"sec.101A","sectionType":"section","heading":null,"content":"### Section sec.101A\n\ns 101A prev s 101A ins 2004 No. 49 s 15\namd 2007 No. 36 s 2 sch\nom 2010 No. 5 s 58","sortOrder":143},{"sectionNumber":"sec.102","sectionType":"section","heading":null,"content":"### Section sec.102\n\ns 102 orig s 102 amd 2003 No. 88 s 4\nsub 2004 No. 49 s 15\namd 2008 No. 18 s 8\nom 2010 No. 5 s 58\nprev s 102 (orig s 76A) ins 2004 No. 13 s 75\namd 2010 No. 5 s 56 (3) sch 2 amdt 45\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 26 s 208","sortOrder":144},{"sectionNumber":"sec.102A","sectionType":"section","heading":null,"content":"### Section sec.102A\n\ns 102A prev s 102A ins 2004 No. 49 s 15\namd 2008 No. 18 s 9\nom 2010 No. 5 s 58","sortOrder":145},{"sectionNumber":"sec.102B","sectionType":"section","heading":null,"content":"### Section sec.102B\n\ns 102B prev s 102B ins 2004 No. 49 s 15\namd 2006 No. 17 s 34 ; 2007 No. 36 s 2 sch ; 2008 No. 18 s 10 ; 2009 No. 24 s 32\nom 2010 No. 5 s 58","sortOrder":146},{"sectionNumber":"ch.5-pt.3-div.4","sectionType":"division","heading":null,"content":"","sortOrder":147},{"sectionNumber":"sec.103","sectionType":"section","heading":null,"content":"### Section sec.103\n\ns 103 orig s 103 amd 2003 No. 88 s 5 ; 2004 No. 49 s 16\nom 2010 No. 5 s 58\nprev s 103 (orig s 77) amd 2004 No. 13 s 76 ; 2010 No. 5 s 56 (3) sch 2 amdt 46\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 26 s 208","sortOrder":148},{"sectionNumber":"sec.104","sectionType":"section","heading":null,"content":"### Section sec.104\n\ns 104 orig s 104 amd 2004 No. 49 s 17 ; 2008 No. 18 s 11\nom 2010 No. 5 s 58\nprev s 104 (orig s 78) amd 2004 No. 13 s 77\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 26 s 208","sortOrder":149},{"sectionNumber":"sec.104A","sectionType":"section","heading":null,"content":"### Section sec.104A\n\ns 104A prev s 104A ins 2004 No. 49 s 18\namd 2007 No. 36 s 2 sch\nom 2010 No. 5 s 58","sortOrder":150},{"sectionNumber":"sec.104B","sectionType":"section","heading":null,"content":"### Section sec.104B\n\ns 104B prev s 104B ins 2004 No. 49 s 18\nsub 2006 No. 17 s 35\nom 2010 No. 5 s 58","sortOrder":151},{"sectionNumber":"sec.104BA","sectionType":"section","heading":null,"content":"### Section sec.104BA\n\ns 104BA prev s 104BA ins 2006 No. 17 s 35\nom 2010 No. 5 s 58","sortOrder":152},{"sectionNumber":"sec.104C","sectionType":"section","heading":null,"content":"### Section sec.104C\n\ns 104C prev s 104C ins 2004 No. 49 s 18\namd 2007 No. 36 s 2 sch\nom 2010 No. 5 s 58","sortOrder":153},{"sectionNumber":"sec.105","sectionType":"section","heading":null,"content":"### Section sec.105\n\ns 105 orig s 105 amd 2004 No. 49 s 19\nom 2010 No. 5 s 58\nprev s 105 (orig s 79) renum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 26 s 208","sortOrder":154},{"sectionNumber":"sec.106","sectionType":"section","heading":null,"content":"### Section sec.106\n\ns 106 orig s 106 amd 2004 No. 49 s 20\nom 2010 No. 5 s 58\nprev s 106 (orig s 80) amd 2009 No. 34 s 45 (1) sch pt 1\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 26 s 208","sortOrder":155},{"sectionNumber":"sec.106A","sectionType":"section","heading":null,"content":"### Section sec.106A\n\ns 106A prev s 106A ins 2004 No. 49 s 21\nom 2010 No. 5 s 58","sortOrder":156},{"sectionNumber":"ch.5-pt.4","sectionType":"part","heading":null,"content":"","sortOrder":157},{"sectionNumber":"sec.107","sectionType":"section","heading":null,"content":"### Section sec.107\n\ns 107 orig s 107 amd 2004 No. 49 s 22 ; 2008 No. 18 s 12\nom 2010 No. 5 s 58\nprev s 107 (orig s 81) amd 2004 No. 13 s 30 sch 1 , s 78 ; 2005 No. 40 s 69 sch ; 2006 No. 29 s 518 sch 3 ; 2009 No. 25 s 83 sch ; 2010 No. 5 s 56 (3) sch 2 amdt 8\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\namd 2010 No. 33 s 97\nom 2014 No. 26 s 208","sortOrder":158},{"sectionNumber":"sec.108","sectionType":"section","heading":null,"content":"### Section sec.108\n\ns 108 orig s 108 sub 2004 No. 49 s 23\namd 2006 No. 17 s 36 ; 2008 No. 18 s 13\nom 2010 No. 5 s 58\nprev s 108 (orig s 82) amd 2010 No. 5 s 56 (3) sch 2 amdt 47\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 26 s 208","sortOrder":159},{"sectionNumber":"sec.109","sectionType":"section","heading":null,"content":"### Section sec.109\n\ns 109 orig s 109 amd 2004 No. 49 s 24\nom 2010 No. 5 s 58\nprev s 109 (orig s 83) renum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 26 s 208","sortOrder":160},{"sectionNumber":"sec.109A","sectionType":"section","heading":null,"content":"### Section sec.109A\n\ns 109A prev s 109A ins 2006 No. 17 s 37\nom 2010 No. 5 s 58","sortOrder":161},{"sectionNumber":"ch.5-pt.5","sectionType":"part","heading":null,"content":"","sortOrder":162},{"sectionNumber":"sec.110","sectionType":"section","heading":null,"content":"### Section sec.110\n\ns 110 orig s 110 sub 2008 No. 18 s 15\nom 2010 No. 5 s 58\nprev s 110 (orig s 84) renum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 26 s 208","sortOrder":163},{"sectionNumber":"sec.111","sectionType":"section","heading":null,"content":"### Section sec.111\n\ns 111 orig s 111 amd 2004 No. 49 s 25 ; 2008 No. 18 s 16\nom 2010 No. 5 s 58\nprev s 111 (orig s 85) renum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 26 s 208","sortOrder":164},{"sectionNumber":"sec.112","sectionType":"section","heading":null,"content":"### Section sec.112\n\ns 112 orig s 112 amd 2004 No. 49 s 26\nsub 2008 No. 18 s 17\nom 2010 No. 5 s 58\nprev s 112 (orig s 86) renum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 26 s 208","sortOrder":165},{"sectionNumber":"ch.5-pt.6","sectionType":"part","heading":null,"content":"","sortOrder":166},{"sectionNumber":"sec.113","sectionType":"section","heading":null,"content":"### Section sec.113\n\ns 113 orig s 113 amd 2004 No. 49 s 27\nsub 2008 No. 18 s 18\nom 2010 No. 5 s 58\nprev s 113 (orig s 87) renum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 26 s 208","sortOrder":167},{"sectionNumber":"sec.114","sectionType":"section","heading":null,"content":"### Section sec.114\n\ns 114 orig s 114 amd 2004 No. 49 s 28 ; 2008 No. 18 s 19\nom 2010 No. 5 s 58\nprev s 114 (orig s 88) renum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 26 s 208","sortOrder":168},{"sectionNumber":"ch.6-pt.1","sectionType":"part","heading":null,"content":"","sortOrder":169},{"sectionNumber":"ch.6-pt.1-div.1","sectionType":"division","heading":null,"content":"","sortOrder":170},{"sectionNumber":"sec.115","sectionType":"section","heading":null,"content":"### Section sec.115\n\ns 115 orig s 115 om 2010 No. 5 s 58\nprev s 115 (prev s 89A) ins 2004 No. 13 s 80\namd 2010 No. 5 s 56 (3) sch 2 amdts 1, 27\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 54","sortOrder":171},{"sectionNumber":"ch.6-pt.1-div.2","sectionType":"division","heading":null,"content":"","sortOrder":172},{"sectionNumber":"sec.116","sectionType":"section","heading":null,"content":"### Section sec.116\n\ns 116 orig s 116 om 2010 No. 5 s 58\nprev s 116 (orig s 89B) ins 2004 No. 13 s 80\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 54","sortOrder":173},{"sectionNumber":"sec.117","sectionType":"section","heading":null,"content":"### Section sec.117\n\ns 117 orig s 117 amd 2004 No. 49 s 29 ; 2008 No. 18 s 20\nom 2010 No. 5 s 58\nprev s 117 (orig s 89C) ins 2004 No. 13 s 80\namd 2010 No. 5 s 56 (3) sch 2 amdt 20\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 54","sortOrder":174},{"sectionNumber":"sec.118","sectionType":"section","heading":null,"content":"### Section sec.118\n\ns 118 orig s 118 amd 2004 No. 49 s 31 ; 2008 No. 18 s 21\nom 2010 No. 5 s 58\nprev s 118 (orig s 89D) ins 2004 No. 13 s 80\namd 2010 No. 5 s 56 (3) sch 2 amdt 20\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 54","sortOrder":175},{"sectionNumber":"sec.119","sectionType":"section","heading":null,"content":"### Section sec.119\n\ns 119 orig s 119 amd 2003 No. 88 s 6\nsub 2004 No. 49 s 32\namd 2008 No. 18 s 22\nom 2010 No. 5 s 58\nprev s 119 (orig s 89E) ins 2004 No. 13 s 80\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 54","sortOrder":176},{"sectionNumber":"sec.119A","sectionType":"section","heading":null,"content":"### Section sec.119A\n\ns 119A prev s 119A ins 2004 No. 49 s 32\namd 2006 No. 17 s 38 ; 2008 No. 18 s 23\nom 2010 No. 5 s 58","sortOrder":177},{"sectionNumber":"sec.119B","sectionType":"section","heading":null,"content":"### Section sec.119B\n\ns 119B prev s 119B ins 2004 No. 49 s 32\nom 2008 No. 18 s 24","sortOrder":178},{"sectionNumber":"sec.119C","sectionType":"section","heading":null,"content":"### Section sec.119C\n\ns 119C prev s 119C ins 2004 No. 49 s 32\namd 2006 No. 17 s 39 ; 2008 No. 18 s 25\nom 2010 No. 5 s 58","sortOrder":179},{"sectionNumber":"sec.119D","sectionType":"section","heading":null,"content":"### Section sec.119D\n\ns 119D prev s 119D ins 2004 No. 49 s 32\namd 2008 No. 18 s 26\nom 2010 No. 5 s 58","sortOrder":180},{"sectionNumber":"sec.119E","sectionType":"section","heading":null,"content":"### Section sec.119E\n\ns 119E prev s 119E ins 2008 No. 18 s 27\nom 2010 No. 5 s 58","sortOrder":181},{"sectionNumber":"ch.6-pt.1-div.3","sectionType":"division","heading":null,"content":"","sortOrder":182},{"sectionNumber":"sec.120","sectionType":"section","heading":null,"content":"### Section sec.120\n\ns 120 orig s 120 sub 2004 No. 49 s 32\nom 2010 No. 5 s 58\nprev s 120 (orig s 89F) ins 2004 No. 13 s 80\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 54","sortOrder":183},{"sectionNumber":"sec.120A","sectionType":"section","heading":null,"content":"### Section sec.120A\n\ns 120A prev s 120A ins 2004 No. 49 s 32\namd 2008 No. 18 s 28\nom 2010 No. 5 s 58","sortOrder":184},{"sectionNumber":"sec.120B","sectionType":"section","heading":null,"content":"### Section sec.120B\n\ns 120B prev s 120B ins 2008 No. 18 s 29\namd 2008 No. 38 s 252 sch 3\nom 2010 No. 5 s 58","sortOrder":185},{"sectionNumber":"sec.120C","sectionType":"section","heading":null,"content":"### Section sec.120C\n\ns 120C prev s 120C ins 2008 No. 18 s 29\nom 2010 No. 5 s 58","sortOrder":186},{"sectionNumber":"sec.120D","sectionType":"section","heading":null,"content":"### Section sec.120D\n\ns 120D prev s 120D ins 2008 No. 18 s 29\nom 2010 No. 5 s 58","sortOrder":187},{"sectionNumber":"sec.120E","sectionType":"section","heading":null,"content":"### Section sec.120E\n\ns 120E prev s 120E ins 2008 No. 18 s 29\nom 2010 No. 5 s 58","sortOrder":188},{"sectionNumber":"sec.120F","sectionType":"section","heading":null,"content":"### Section sec.120F\n\ns 120F prev s 120F ins 2008 No. 18 s 29\nom 2010 No. 5 s 58","sortOrder":189},{"sectionNumber":"sec.120G","sectionType":"section","heading":null,"content":"### Section sec.120G\n\ns 120G prev s 120G ins 2008 No. 18 s 29\nom 2010 No. 5 s 58","sortOrder":190},{"sectionNumber":"sec.120H","sectionType":"section","heading":null,"content":"### Section sec.120H\n\ns 120H prev s 120H ins 2008 No. 18 s 29\nom 2010 No. 5 s 58","sortOrder":191},{"sectionNumber":"sec.120I","sectionType":"section","heading":null,"content":"### Section sec.120I\n\ns 120I prev s 120I ins 2008 No. 18 s 29\nom 2010 No. 5 s 58","sortOrder":192},{"sectionNumber":"sec.120J","sectionType":"section","heading":null,"content":"### Section sec.120J\n\ns 120J prev s 120J ins 2008 No. 18 s 29\nom 2010 No. 5 s 58","sortOrder":193},{"sectionNumber":"sec.120K","sectionType":"section","heading":null,"content":"### Section sec.120K\n\ns 120K prev s 120K ins 2008 No. 18 s 29\nom 2010 No. 5 s 58","sortOrder":194},{"sectionNumber":"sec.120L","sectionType":"section","heading":null,"content":"### Section sec.120L\n\ns 120L prev s 120L ins 2008 No. 18 s 29\nom 2010 No. 5 s 58","sortOrder":195},{"sectionNumber":"sec.121","sectionType":"section","heading":null,"content":"### Section sec.121\n\ns 121 orig s 121 amd 2004 No. 49 s 33 ; 2006 No. 17 s 40 (retro); 2008 No. 18 s 30 ; 2009 No. 24 s 33\nom 2010 No. 5 s 58\nprev s 121 (orig s 89G) ins 2004 No. 13 s 80\namd 2010 No. 5 s 56 (3) sch 2 amdts 52–53\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 54","sortOrder":196},{"sectionNumber":"sec.121AA","sectionType":"section","heading":null,"content":"### Section sec.121AA\n\ns 121AA prev s 121AA ins 2008 No. 18 s 31\namd 2009 No. 24 s 34\nom 2010 No. 5 s 58","sortOrder":197},{"sectionNumber":"sec.121A","sectionType":"section","heading":null,"content":"### Section sec.121A\n\ns 121A prev s 121A ins 2004 No. 49 s 34\namd 2008 No. 18 s 32\nom 2010 No. 5 s 58","sortOrder":198},{"sectionNumber":"sec.121B","sectionType":"section","heading":null,"content":"### Section sec.121B\n\ns 121B prev s 121B ins 2004 No. 49 s 34\namd 2008 No. 18 s 33\nom 2010 No. 5 s 58","sortOrder":199},{"sectionNumber":"sec.121C","sectionType":"section","heading":null,"content":"### Section sec.121C\n\ns 121C prev s 121C ins 2004 No. 49 s 34\namd 2009 No. 24 s 35\nom 2010 No. 5 s 58","sortOrder":200},{"sectionNumber":"sec.121D","sectionType":"section","heading":null,"content":"### Section sec.121D\n\ns 121D prev s 121D ins 2004 No. 49 s 34\nom 2010 No. 5 s 58","sortOrder":201},{"sectionNumber":"sec.121E","sectionType":"section","heading":null,"content":"### Section sec.121E\n\ns 121E prev s 121E ins 2004 No. 49 s 34\namd 2009 No. 24 s 36\nom 2010 No. 5 s 58","sortOrder":202},{"sectionNumber":"sec.122","sectionType":"section","heading":null,"content":"### Section sec.122\n\ns 122 orig s 122 amd 2004 No. 49 s 35 ; 2006 No. 17 s 41 ; 2008 No. 18 s 34\nom 2010 No. 5 s 58\nprev s 122 (orig s 89H) ins 2004 No. 13 s 80\namd 2010 No. 5 s 56 (3) sch 2 amdt 54\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 54","sortOrder":203},{"sectionNumber":"sec.122A","sectionType":"section","heading":null,"content":"### Section sec.122A\n\ns 122A prev s 122A ins 2003 No. 55 s 8\namd 2004 No. 49 s 36 ; 2006 No. 17 s 42 (retro); 2008 No. 18 s 35\nom 2010 No. 5 s 58","sortOrder":204},{"sectionNumber":"sec.122B","sectionType":"section","heading":null,"content":"### Section sec.122B\n\ns 122B prev s 122B ins 2004 No. 49 s 37\namd 2007 No. 36 s 2 sch\nsub 2008 No. 18 s 36\nom 2010 No. 5 s 58","sortOrder":205},{"sectionNumber":"sec.123","sectionType":"section","heading":null,"content":"### Section sec.123\n\ns 123 orig s 123 amd 2004 No. 49 s 38 ; 2006 No. 17 s 43 ; 2008 No. 18 s 37\nom 2010 No. 5 s 58\nprev s 123 (orig s 89I) ins 2004 No. 13 s 80\namd 2010 No. 5 s 56 (3) sch 2 amdt 55\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 54","sortOrder":206},{"sectionNumber":"sec.123A","sectionType":"section","heading":null,"content":"### Section sec.123A\n\ns 123A prev s 123A ins 2006 No. 17 s 44\namd 2008 No. 18 s 38\nom 2010 No. 5 s 58","sortOrder":207},{"sectionNumber":"sec.124","sectionType":"section","heading":null,"content":"### Section sec.124\n\ns 124 orig s 124 amd 2004 No. 49 s 39 ; 2008 No. 18 s 39\nom 2010 No. 5 s 58\nprev s 124 (orig s 89J) ins 2004 No. 13 s 80\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 54","sortOrder":208},{"sectionNumber":"sec.125","sectionType":"section","heading":null,"content":"### Section sec.125\n\ns 125 orig s 125 om 2010 No. 5 s 58\nprev s 125 (orig s 89K) ins 2004 No. 13 s 80\namd 2010 No. 5 s 56 (3) sch 2 amdt 56\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 54","sortOrder":209},{"sectionNumber":"sec.126","sectionType":"section","heading":null,"content":"### Section sec.126\n\ns 126 orig s 126 amd 2004 No. 49 s 40 ; 2006 No. 17 s 45\nom 2010 No. 5 s 58\nprev s 126 (orig s 89L) ins 2004 No. 13 s 80\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 54","sortOrder":210},{"sectionNumber":"sec.126A","sectionType":"section","heading":null,"content":"### Section sec.126A\n\ns 126A prev s 126A ins 2002 No. 55 s 196 sch 1\nsub 2004 No. 49 s 41\namd 2008 No. 18 s 40\nom 2010 No. 5 s 58","sortOrder":211},{"sectionNumber":"sec.126AA","sectionType":"section","heading":null,"content":"### Section sec.126AA\n\ns 126AA prev s 126AA ins 2008 No. 18 s 41\nom 2010 No. 5 s 58","sortOrder":212},{"sectionNumber":"sec.126B","sectionType":"section","heading":null,"content":"### Section sec.126B\n\ns 126B prev s 126B ins 2004 No. 49 s 41\namd 2006 No. 17 s 46 ; 2008 No. 18 s 42\nom 2010 No. 5 s 58","sortOrder":213},{"sectionNumber":"sec.126C","sectionType":"section","heading":null,"content":"### Section sec.126C\n\ns 126C prev s 126C ins 2004 No. 49 s 41\nsub 2008 No. 18 s 43\nom 2010 No. 5 s 58","sortOrder":214},{"sectionNumber":"sec.126D","sectionType":"section","heading":null,"content":"### Section sec.126D\n\ns 126D prev s 126D ins 2006 No. 17 s 47\nom 2008 No. 18 s 43","sortOrder":215},{"sectionNumber":"ch.6-pt.1-div.4","sectionType":"division","heading":null,"content":"","sortOrder":216},{"sectionNumber":"sec.127","sectionType":"section","heading":null,"content":"### Section sec.127\n\ns 127 orig s 127 amd 2004 No. 49 s 42 ; 2007 No. 36 s 2 sch\nom 2010 No. 5 s 58\nprev s 127 (orig s 89M) ins 2004 No. 13 s 80\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 54","sortOrder":217},{"sectionNumber":"ch.6-pt.1-div.5","sectionType":"division","heading":null,"content":"","sortOrder":218},{"sectionNumber":"sec.128","sectionType":"section","heading":null,"content":"### Section sec.128\n\ns 128 orig s 128 amd 2004 No. 49 s 43\nom 2010 No. 5 s 58\nprev s 128 (orig s 89N) ins 2004 No. 13 s 80\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 54","sortOrder":219},{"sectionNumber":"sec.129","sectionType":"section","heading":null,"content":"### Section sec.129\n\ns 129 orig s 129 om 2010 No. 5 s 59\nprev s 129 (orig s 89O) ins 2004 No. 13 s 80\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 54","sortOrder":220},{"sectionNumber":"sec.130","sectionType":"section","heading":null,"content":"### Section sec.130\n\ns 130 orig s 130 om 2010 No. 5 s 59\nprev s 130 (orig s 89P) ins 2004 No. 13 s 80\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 54","sortOrder":221},{"sectionNumber":"sec.131","sectionType":"section","heading":null,"content":"### Section sec.131\n\ns 131 orig s 131 om 2010 No. 5 s 59\nprev s 131 (orig s 89Q) ins 2004 No. 13 s 80\namd 2010 No. 5 s 56 (3) sch 2 amdts 57–58\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 54","sortOrder":222},{"sectionNumber":"sec.132","sectionType":"section","heading":null,"content":"### Section sec.132\n\ns 132 orig s 132 om 2010 No. 5 s 59\nprev s 132 (orig s 89R) ins 2004 No. 13 s 80\namd 2010 No. 5 s 56 (3) sch 2 amdt 27\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 54","sortOrder":223},{"sectionNumber":"ch.6-pt.1-div.6","sectionType":"division","heading":null,"content":"","sortOrder":224},{"sectionNumber":"sec.133","sectionType":"section","heading":null,"content":"### Section sec.133\n\ns 133 orig s 133 om 2010 No. 5 s 59\nprev s 133 (orig s 89S) ins 2004 No. 13 s 80\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 54","sortOrder":225},{"sectionNumber":"sec.134","sectionType":"section","heading":null,"content":"### Section sec.134\n\ns 134 orig s 134 om 2010 No. 5 s 59\nprev s 134 (orig s 89T) ins 2004 No. 13 s 80\namd 2010 No. 5 s 56 (2) – (3) sch 1 amdt 6, sch 2 amdt 59\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 54","sortOrder":226},{"sectionNumber":"sec.135","sectionType":"section","heading":null,"content":"### Section sec.135\n\ns 135 orig s 135 om 2010 No. 5 s 59\nprev s 135 (orig s 89U) ins 2004 No. 13 s 80\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 54","sortOrder":227},{"sectionNumber":"ch.6-pt.1-div.7","sectionType":"division","heading":null,"content":"","sortOrder":228},{"sectionNumber":"sec.136","sectionType":"section","heading":null,"content":"### Section sec.136\n\ns 136 orig s 136 om 2010 No. 5 s 59\nprev s 136 (orig s 89V) ins 2004 No. 13 s 80\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 54","sortOrder":229},{"sectionNumber":"sec.137","sectionType":"section","heading":null,"content":"### Section sec.137\n\ns 137 orig s 137 om 2010 No. 5 s 59\nprev s 137 (orig s 89W) ins 2004 No. 13 s 80\namd 2010 No. 5 s 56 (3) sch 2 amdt 60\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 54","sortOrder":230},{"sectionNumber":"ch.6-pt.1-div.8","sectionType":"division","heading":null,"content":"","sortOrder":231},{"sectionNumber":"sec.138","sectionType":"section","heading":null,"content":"### Section sec.138\n\ns 138 orig s 138 om 2010 No. 5 s 59\nprev s 138 (orig s 89X) ins 2004 No. 13 s 80\namd 2010 No. 5 s 56 (3) sch 2 amdts 61–63\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 54","sortOrder":232},{"sectionNumber":"sec.139","sectionType":"section","heading":null,"content":"### Section sec.139\n\ns 139 orig s 139 om 2010 No. 5 s 59\nprev s 139 (orig s 89Y) ins 2004 No. 13 s 80\namd 2010 No. 5 s 56 (3) sch 2 amdt 20\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 54","sortOrder":233},{"sectionNumber":"sec.140","sectionType":"section","heading":null,"content":"### Section sec.140\n\ns 140 orig s 140 om 2010 No. 5 s 59\nprev s 140 (orig s 89Z) ins 2004 No. 13 s 80\namd 2010 No. 5 s 56 (3) sch 2 amdts 64–65\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 54","sortOrder":234},{"sectionNumber":"sec.141","sectionType":"section","heading":null,"content":"### Section sec.141\n\ns 141 (prev s 89ZA) ins 2004 No. 13 s 80\namd 2004 No. 36 s 51 ; 2010 No. 5 s 56 (3) sch 2 amdt 66\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 54","sortOrder":235},{"sectionNumber":"sec.142","sectionType":"section","heading":null,"content":"### Section sec.142\n\ns 142 (prev s 89ZB) ins 2004 No. 13 s 80\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 54","sortOrder":236},{"sectionNumber":"ch.6-pt.2","sectionType":"part","heading":null,"content":"","sortOrder":237},{"sectionNumber":"sec.143","sectionType":"section","heading":null,"content":"### Section sec.143\n\ns 143 (prev s 89ZC) ins 2004 No. 13 s 80\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 54","sortOrder":238},{"sectionNumber":"sec.144","sectionType":"section","heading":null,"content":"### Section sec.144\n\ns 144 (prev s 89ZD) ins 2004 No. 13 s 80\namd 2005 No. 48 s 492 sch 1\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\namd 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47 )\nom 2014 No. 28 s 54","sortOrder":239},{"sectionNumber":"sec.145","sectionType":"section","heading":null,"content":"### Section sec.145\n\ns 145 (prev s 89ZE) ins 2004 No. 13 s 80\namd 2010 No. 5 s 56 (3) sch 2 amdt 27\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 54","sortOrder":240},{"sectionNumber":"sec.146","sectionType":"section","heading":null,"content":"### Section sec.146\n\ns 146 (prev s 89ZF) ins 2004 No. 13 s 80\namd 2010 No. 5 s 56 (3) sch 2 amdt 67\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 54","sortOrder":241},{"sectionNumber":"sec.147","sectionType":"section","heading":null,"content":"### Section sec.147\n\ns 147 (prev s 89ZG) ins 2004 No. 13 s 80\namd 2009 No. 24 s 31 ; 2010 No. 5 s 56 (2) – (3) sch 1 amdt 7, sch 2 amdt 27\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\namd 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47 )\nom 2014 No. 28 s 54","sortOrder":242},{"sectionNumber":"sec.148","sectionType":"section","heading":null,"content":"### Section sec.148\n\ns 148 (prev s 89ZH) ins 2004 No. 13 s 80\namd 2010 No. 5 s 56 (3) sch 2 amdt 27\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 54","sortOrder":243},{"sectionNumber":"ch.7-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":244},{"sectionNumber":"sec.149","sectionType":"section","heading":null,"content":"### Section sec.149\n\ns 149 (prev s 90) renum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 54","sortOrder":245},{"sectionNumber":"sec.150","sectionType":"section","heading":null,"content":"### Section sec.150\n\ns 150 (prev s 91) renum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 54","sortOrder":246},{"sectionNumber":"sec.151","sectionType":"section","heading":null,"content":"### Section sec.151\n\ns 151 (prev s 92) renum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 54","sortOrder":247},{"sectionNumber":"sec.152","sectionType":"section","heading":null,"content":"### Section sec.152\n\ns 152 (prev s 93) renum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 54","sortOrder":248},{"sectionNumber":"sec.153","sectionType":"section","heading":null,"content":"### Section sec.153\n\ns 153 (prev s 94) renum 2010 No. 5 s 56 (3) sch 2 amdt 68\nom 2014 No. 28 s 54","sortOrder":249},{"sectionNumber":"sec.154","sectionType":"section","heading":null,"content":"### Section sec.154\n\ns 154 ins 2010 No. 5 s 58\nom 2014 No. 28 s 57","sortOrder":250},{"sectionNumber":"sec.155","sectionType":"section","heading":null,"content":"### Section sec.155\n\ns 155 ins 2010 No. 5 s 58\nom 2014 No. 28 s 57","sortOrder":251},{"sectionNumber":"sec.156","sectionType":"section","heading":"Regulated employment","content":"### sec.156 Regulated employment\n\nEmployment is regulated employment if it is employment of a type that is stated to be regulated employment in schedule 1 , part 1 .\nHowever, employment is not regulated employment if—\nit is of a type of employment that schedule 1 , part 1 states is not regulated employment; or\nschedule 1 , part 3 states that this chapter does not apply to the employment.\nAlso, the unpaid employment of a child is not regulated employment unless the child is a trainee student of an education provider and the employment is part of the course undertaken by the trainee student with the education provider.\nFurther, subject to subsections (5) and (6) , the employment of a person is not regulated employment if—\nthe person is employed to work, and works, in the employment for not more than 7 days in a calendar year; or\nthe person is a parent providing a service or activity on a voluntary basis to children and the children to whom the service or activity is provided include the person’s own child.\nDespite subsection (4) , a person is employed in regulated employment if the employment or the service or activity includes, or is likely to include, an overnight camp or excursion for children under schedule 1 , section 9 .\nAlso, despite subsection (4) (b) , a person is employed in regulated employment if the person is a parent providing a service or activity to a child that includes, or may include, close personal contact with a child other than the person’s own child.\nassisting a child with toileting, bathing or dressing\ns 156 ins 2010 No. 5 s 58\namd 2010 No. 33 s 98\nsub 2019 No. 18 s 10\namd 2024 No. 50 s 38\n(sec.156-ssec.1) Employment is regulated employment if it is employment of a type that is stated to be regulated employment in schedule 1 , part 1 .\n(sec.156-ssec.2) However, employment is not regulated employment if— it is of a type of employment that schedule 1 , part 1 states is not regulated employment; or schedule 1 , part 3 states that this chapter does not apply to the employment.\n(sec.156-ssec.3) Also, the unpaid employment of a child is not regulated employment unless the child is a trainee student of an education provider and the employment is part of the course undertaken by the trainee student with the education provider.\n(sec.156-ssec.4) Further, subject to subsections (5) and (6) , the employment of a person is not regulated employment if— the person is employed to work, and works, in the employment for not more than 7 days in a calendar year; or the person is a parent providing a service or activity on a voluntary basis to children and the children to whom the service or activity is provided include the person’s own child.\n(sec.156-ssec.5) Despite subsection (4) , a person is employed in regulated employment if the employment or the service or activity includes, or is likely to include, an overnight camp or excursion for children under schedule 1 , section 9 .\n(sec.156-ssec.6) Also, despite subsection (4) (b) , a person is employed in regulated employment if the person is a parent providing a service or activity to a child that includes, or may include, close personal contact with a child other than the person’s own child. assisting a child with toileting, bathing or dressing\n- (a) it is of a type of employment that schedule 1 , part 1 states is not regulated employment; or\n- (b) schedule 1 , part 3 states that this chapter does not apply to the employment.\n- (a) the person is employed to work, and works, in the employment for not more than 7 days in a calendar year; or\n- (b) the person is a parent providing a service or activity on a voluntary basis to children and the children to whom the service or activity is provided include the person’s own child.","sortOrder":252},{"sectionNumber":"sec.157","sectionType":"section","heading":"Regulated businesses","content":"### sec.157 Regulated businesses\n\nA business is a regulated business if it is a type of business that is stated to be a regulated business in schedule 1 , part 2 .\nHowever, a business is not a regulated business if schedule 1 , part 3 states that this chapter does not apply to the carrying on of the business.\ns 157 ins 2010 No. 5 s 58\nsub 2019 No. 18 s 10\n(sec.157-ssec.1) A business is a regulated business if it is a type of business that is stated to be a regulated business in schedule 1 , part 2 .\n(sec.157-ssec.2) However, a business is not a regulated business if schedule 1 , part 3 states that this chapter does not apply to the carrying on of the business.","sortOrder":253},{"sectionNumber":"sec.158","sectionType":"section","heading":"Special exemptions for emergency services workers from interstate or overseas","content":"### sec.158 Special exemptions for emergency services workers from interstate or overseas\n\nSubsection (2) applies if an emergency services worker is deployed from an interstate or overseas location in the following circumstances—\nto assist the response to a disaster situation;\nto respond to a significant fire event.\nThe emergency services worker is exempt from the requirement to hold a working with children authority under this Act.\nThe exemption applies—\nfor a disaster situation declared under the Disaster Management Act 2003 , section 64 (1) —for the duration of the disaster situation under section 66 of that Act; or\nfor a disaster situation declared under the Disaster Management Act 2003 , section 69 —for the duration of the disaster situation under section 71 of that Act; or\nfor a significant fire event—for the period of the state of fire emergency under the Fire Services Act 1990 , section 145V .\nThis section does not limit section 156 (4) (a) .\nIn this section—\ndisaster situation see the Disaster Management Act 2003 , schedule.\nemergency service means an interstate or overseas entity that performs emergency services equivalent to—\nMarine Rescue Queensland, established under the Marine Rescue Queensland Act 2024 , section 6 ; or\nQueensland Fire and Rescue, established under the Fire Services Act 1990 , section 8 (1) ; or\nRural Fire Service Queensland, established under the Fire Services Act 1990 , section 8 (2) ; or\nthe State Emergency Service, established under the State Emergency Service Act 2024 , section 6 .\nemergency services worker means a person employed or engaged as an officer, employee or volunteer of an emergency service.\nsignificant fire event means an event the subject of a state of fire emergency declaration under the Fire Services Act 1990 , section 145T .\ns 158 ins 2010 No. 5 s 58\namd 2019 No. 18 s 86 (1) sch 1\nsub 2024 No. 50 s 39\n(sec.158-ssec.1) Subsection (2) applies if an emergency services worker is deployed from an interstate or overseas location in the following circumstances— to assist the response to a disaster situation; to respond to a significant fire event.\n(sec.158-ssec.2) The emergency services worker is exempt from the requirement to hold a working with children authority under this Act.\n(sec.158-ssec.3) The exemption applies— for a disaster situation declared under the Disaster Management Act 2003 , section 64 (1) —for the duration of the disaster situation under section 66 of that Act; or for a disaster situation declared under the Disaster Management Act 2003 , section 69 —for the duration of the disaster situation under section 71 of that Act; or for a significant fire event—for the period of the state of fire emergency under the Fire Services Act 1990 , section 145V .\n(sec.158-ssec.4) This section does not limit section 156 (4) (a) .\n(sec.158-ssec.5) In this section— disaster situation see the Disaster Management Act 2003 , schedule. emergency service means an interstate or overseas entity that performs emergency services equivalent to— Marine Rescue Queensland, established under the Marine Rescue Queensland Act 2024 , section 6 ; or Queensland Fire and Rescue, established under the Fire Services Act 1990 , section 8 (1) ; or Rural Fire Service Queensland, established under the Fire Services Act 1990 , section 8 (2) ; or the State Emergency Service, established under the State Emergency Service Act 2024 , section 6 . emergency services worker means a person employed or engaged as an officer, employee or volunteer of an emergency service. significant fire event means an event the subject of a state of fire emergency declaration under the Fire Services Act 1990 , section 145T .\n- (a) to assist the response to a disaster situation;\n- (b) to respond to a significant fire event.\n- (a) for a disaster situation declared under the Disaster Management Act 2003 , section 64 (1) —for the duration of the disaster situation under section 66 of that Act; or\n- (b) for a disaster situation declared under the Disaster Management Act 2003 , section 69 —for the duration of the disaster situation under section 71 of that Act; or\n- (c) for a significant fire event—for the period of the state of fire emergency under the Fire Services Act 1990 , section 145V .\n- (a) Marine Rescue Queensland, established under the Marine Rescue Queensland Act 2024 , section 6 ; or\n- (b) Queensland Fire and Rescue, established under the Fire Services Act 1990 , section 8 (1) ; or\n- (c) Rural Fire Service Queensland, established under the Fire Services Act 1990 , section 8 (2) ; or\n- (d) the State Emergency Service, established under the State Emergency Service Act 2024 , section 6 .","sortOrder":254},{"sectionNumber":"sec.159","sectionType":"section","heading":null,"content":"### Section sec.159\n\ns 159 ins 2010 No. 5 s 58\nom 2024 No. 50 s 39","sortOrder":255},{"sectionNumber":"sec.160","sectionType":"section","heading":null,"content":"### Section sec.160\n\ns 160 ins 2010 No. 5 s 58\nom 2019 No. 18 s 11","sortOrder":256},{"sectionNumber":"ch.7-pt.2","sectionType":"part","heading":null,"content":"","sortOrder":257},{"sectionNumber":"sec.163","sectionType":"section","heading":null,"content":"### Section sec.163\n\ns 163 ins 2010 No. 5 s 58\nom 2013 No. 44 s 262","sortOrder":258},{"sectionNumber":"ch.7-pt.3","sectionType":"part","heading":null,"content":"","sortOrder":259},{"sectionNumber":"sec.171","sectionType":"section","heading":null,"content":"### Section sec.171\n\ns 171 ins 2010 No. 5 s 58\namd 2019 No. 18 s 86 (1) sch 1 ; 2022 No. 7 s 132 sch 1\nom 2024 No. 49 s 127","sortOrder":260},{"sectionNumber":"sec.172","sectionType":"section","heading":null,"content":"### Section sec.172\n\ns 172 ins 2010 No. 5 s 58\nom 2024 No. 49 s 127","sortOrder":261},{"sectionNumber":"ch.7-pt.4","sectionType":"part","heading":"Screening requirements","content":"# Screening requirements","sortOrder":262},{"sectionNumber":"ch.7-pt.4-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":263},{"sectionNumber":"sec.173","sectionType":"section","heading":"Requirements for employer giving notice about employing person","content":"### sec.173 Requirements for employer giving notice about employing person\n\nBefore giving a notice mentioned in section 175 (1) (b) or 176C (1) (b) about the employment or proposed employment of a person, an employer must take reasonable steps to verify the person’s identity.\nthe employer views the person’s working with children card that includes the person’s photograph\nthe employer views the person’s driver licence that includes the person’s photograph\nThe employer must give the notice in the approved form and in an approved way.\ns 173 ins 2010 No. 5 s 58\nsub 2019 No. 18 s 17\n(sec.173-ssec.1) Before giving a notice mentioned in section 175 (1) (b) or 176C (1) (b) about the employment or proposed employment of a person, an employer must take reasonable steps to verify the person’s identity. the employer views the person’s working with children card that includes the person’s photograph the employer views the person’s driver licence that includes the person’s photograph\n(sec.173-ssec.2) The employer must give the notice in the approved form and in an approved way.\n- • the employer views the person’s working with children card that includes the person’s photograph\n- • the employer views the person’s driver licence that includes the person’s photograph","sortOrder":264},{"sectionNumber":"ch.7-pt.4-div.2","sectionType":"division","heading":"Requirement for working with children clearance","content":"## Requirement for working with children clearance","sortOrder":265},{"sectionNumber":"sec.174","sectionType":"section","heading":"Application of division","content":"### sec.174 Application of division\n\nThis division does not apply in relation to the employment of a person, or the carrying on of a business by a person, who is a police officer or registered teacher.\ns 174 ins 2010 No. 5 s 58\nsub 2019 No. 18 s 17","sortOrder":266},{"sectionNumber":"sec.175","sectionType":"section","heading":"Clearance required to employ person in regulated employment","content":"### sec.175 Clearance required to employ person in regulated employment\n\nA person (the employer ) must not employ, or continue to employ, another person (the employee ) in regulated employment unless—\nthe employee holds a working with children clearance; and\nthe employer has given the chief executive a notice, under section 173 , about employing the employee in regulated employment.\nMaximum penalty—\nif an aggravating circumstance applies to the offence—200 penalty units or 2 years imprisonment; or\notherwise—100 penalty units.\nIt is an aggravating circumstance for an offence against subsection (1) if—\nthe employee holds a negative notice and the employer knows, or ought reasonably to know, the employee holds the negative notice; or\nthe chief executive has given the employer a notice under chapter 8 , part 5A that states the employee’s working with children authority has been cancelled; or\nthe chief executive has given the employer a withdrawal notice for a working with children check application made by the employee because section 199 applies; or\nthe employee holds a disability exclusion or interstate NDIS exclusion and the employer knows, or ought reasonably to know, the employee holds the disability exclusion or interstate NDIS exclusion; or\nan adverse interstate WWC decision made about the employee is in effect and the employer knows, or ought reasonably to know, the decision is in effect.\ns 175 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nsub 2019 No. 18 s 17\namd 2020 No. 39 s 31 ; 2022 No. 7 s 96\n(sec.175-ssec.1) A person (the employer ) must not employ, or continue to employ, another person (the employee ) in regulated employment unless— the employee holds a working with children clearance; and the employer has given the chief executive a notice, under section 173 , about employing the employee in regulated employment. Maximum penalty— if an aggravating circumstance applies to the offence—200 penalty units or 2 years imprisonment; or otherwise—100 penalty units.\n(sec.175-ssec.2) It is an aggravating circumstance for an offence against subsection (1) if— the employee holds a negative notice and the employer knows, or ought reasonably to know, the employee holds the negative notice; or the chief executive has given the employer a notice under chapter 8 , part 5A that states the employee’s working with children authority has been cancelled; or the chief executive has given the employer a withdrawal notice for a working with children check application made by the employee because section 199 applies; or the employee holds a disability exclusion or interstate NDIS exclusion and the employer knows, or ought reasonably to know, the employee holds the disability exclusion or interstate NDIS exclusion; or an adverse interstate WWC decision made about the employee is in effect and the employer knows, or ought reasonably to know, the decision is in effect.\n- (a) the employee holds a working with children clearance; and\n- (b) the employer has given the chief executive a notice, under section 173 , about employing the employee in regulated employment.\n- (a) if an aggravating circumstance applies to the offence—200 penalty units or 2 years imprisonment; or\n- (b) otherwise—100 penalty units.\n- (a) the employee holds a negative notice and the employer knows, or ought reasonably to know, the employee holds the negative notice; or\n- (b) the chief executive has given the employer a notice under chapter 8 , part 5A that states the employee’s working with children authority has been cancelled; or\n- (c) the chief executive has given the employer a withdrawal notice for a working with children check application made by the employee because section 199 applies; or\n- (d) the employee holds a disability exclusion or interstate NDIS exclusion and the employer knows, or ought reasonably to know, the employee holds the disability exclusion or interstate NDIS exclusion; or\n- (e) an adverse interstate WWC decision made about the employee is in effect and the employer knows, or ought reasonably to know, the decision is in effect.","sortOrder":267},{"sectionNumber":"sec.176","sectionType":"section","heading":"Employing person with suspended clearance prohibited","content":"### sec.176 Employing person with suspended clearance prohibited\n\nA person (the employer ) must not employ another person (the employee ) to start in regulated employment if—\nthe employee holds a working with children clearance that is suspended; and\nthe employer knows, or ought reasonably to know, the employee’s clearance is suspended.\nMaximum penalty—200 penalty units or 2 years imprisonment.\ns 176 ins 2010 No. 5 s 58\namd 2010 No. 33 s 99 ; 2014 No. 28 s 55\nsub 2019 No. 18 s 17\n- (a) the employee holds a working with children clearance that is suspended; and\n- (b) the employer knows, or ought reasonably to know, the employee’s clearance is suspended.","sortOrder":268},{"sectionNumber":"sec.176A","sectionType":"section","heading":"Person prohibited from regulated employment without clearance","content":"### sec.176A Person prohibited from regulated employment without clearance\n\nA person must not start or continue in regulated employment unless the person holds a working with children clearance.\nMaximum penalty—\nif an aggravating circumstance applies to the offence—500 penalty units or 5 years imprisonment; or\notherwise—100 penalty units.\nIt is an aggravating circumstance for an offence against subsection (1) if the person—\nholds a negative notice; or\nis a disqualified person; or\nheld a working with children authority that was cancelled on the person’s request under chapter 8 , part 5A , division 4 ; or\nmade a working with children check application and the application was withdrawn because section 199 applies; or\nholds a disability exclusion or interstate NDIS exclusion; or\nis the subject of an adverse interstate WWC decision that is in effect.\nHowever, if the person’s working with children clearance was cancelled under chapter 8 , part 5A , a court may not find the person contravened subsection (1) unless the court is satisfied the person was given written notice about the cancellation.\nAlso, if the person was issued a disability exclusion or interstate NDIS exclusion because a disability clearance or interstate NDIS clearance issued to the person was cancelled, a court may not find that the aggravating circumstance mentioned in subsection (2) (e) applies to the person unless the court is satisfied the person was given written notice about—\nthe issue of the disability exclusion or interstate NDIS exclusion; or\nthe cancellation of the disability clearance or interstate NDIS clearance.\ns 176A ins 2019 No. 18 s 17\namd 2020 No. 39 s 32 ; 2022 No. 7 s 97\n(sec.176A-ssec.1) A person must not start or continue in regulated employment unless the person holds a working with children clearance. Maximum penalty— if an aggravating circumstance applies to the offence—500 penalty units or 5 years imprisonment; or otherwise—100 penalty units.\n(sec.176A-ssec.2) It is an aggravating circumstance for an offence against subsection (1) if the person— holds a negative notice; or is a disqualified person; or held a working with children authority that was cancelled on the person’s request under chapter 8 , part 5A , division 4 ; or made a working with children check application and the application was withdrawn because section 199 applies; or holds a disability exclusion or interstate NDIS exclusion; or is the subject of an adverse interstate WWC decision that is in effect.\n(sec.176A-ssec.3) However, if the person’s working with children clearance was cancelled under chapter 8 , part 5A , a court may not find the person contravened subsection (1) unless the court is satisfied the person was given written notice about the cancellation.\n(sec.176A-ssec.4) Also, if the person was issued a disability exclusion or interstate NDIS exclusion because a disability clearance or interstate NDIS clearance issued to the person was cancelled, a court may not find that the aggravating circumstance mentioned in subsection (2) (e) applies to the person unless the court is satisfied the person was given written notice about— the issue of the disability exclusion or interstate NDIS exclusion; or the cancellation of the disability clearance or interstate NDIS clearance.\n- (a) if an aggravating circumstance applies to the offence—500 penalty units or 5 years imprisonment; or\n- (b) otherwise—100 penalty units.\n- (a) holds a negative notice; or\n- (b) is a disqualified person; or\n- (c) held a working with children authority that was cancelled on the person’s request under chapter 8 , part 5A , division 4 ; or\n- (d) made a working with children check application and the application was withdrawn because section 199 applies; or\n- (e) holds a disability exclusion or interstate NDIS exclusion; or\n- (f) is the subject of an adverse interstate WWC decision that is in effect.\n- (a) the issue of the disability exclusion or interstate NDIS exclusion; or\n- (b) the cancellation of the disability clearance or interstate NDIS clearance.","sortOrder":269},{"sectionNumber":"sec.176B","sectionType":"section","heading":"Clearance required to carry on regulated business","content":"### sec.176B Clearance required to carry on regulated business\n\nA person must not carry on a regulated business unless the person holds a working with children clearance.\nMaximum penalty—500 penalty units or 5 years imprisonment.\nUnder section 14 , particular executive officers of a corporation that carries on a regulated business are taken to carry on the regulated business.\ns 176B ins 2019 No. 18 s 17","sortOrder":270},{"sectionNumber":"ch.7-pt.4-div.3","sectionType":"division","heading":"Requirement for working with children exemption for police officers and registered teachers","content":"## Requirement for working with children exemption for police officers and registered teachers","sortOrder":271},{"sectionNumber":"sec.176C","sectionType":"section","heading":"Exemption required to employ police officer or registered teacher in regulated employment","content":"### sec.176C Exemption required to employ police officer or registered teacher in regulated employment\n\nA person (the employer ) must not employ, or continue to employ, a police officer or registered teacher (the employee ) in regulated employment unless—\neither—\nthe employee holds a working with children authority; or\nthe employee has made a working with children check (exemption) application and the application has not been decided or withdrawn; and\nthe employer has given the chief executive a notice, under section 173 , about employing the employee in regulated employment.\nMaximum penalty—\nif an aggravating circumstance applies to the offence—200 penalty units or 2 years imprisonment; or\notherwise—100 penalty units.\nIt is an aggravating circumstance for an offence against subsection (1) if—\nthe employee holds a negative notice and the employer knows, or ought reasonably to know, the employee holds the negative notice; or\nthe chief executive has given the employer a notice under chapter 8 , part 5A that states the employee’s working with children authority has been cancelled; or\nthe chief executive has given the employer a withdrawal notice for a working with children check application made by the person because section 199 applies; or\nthe employee holds a disability exclusion or interstate NDIS exclusion and the employer knows, or ought reasonably to know, the employee holds the disability exclusion or interstate NDIS exclusion; or\nan adverse interstate WWC decision made about the employee is in effect and the employer knows, or ought reasonably to know, the decision is in effect.\ns 176C ins 2019 No. 18 s 17\namd 2020 No. 39 s 33 ; 2022 No. 7 s 98\n(sec.176C-ssec.1) A person (the employer ) must not employ, or continue to employ, a police officer or registered teacher (the employee ) in regulated employment unless— either— the employee holds a working with children authority; or the employee has made a working with children check (exemption) application and the application has not been decided or withdrawn; and the employer has given the chief executive a notice, under section 173 , about employing the employee in regulated employment. Maximum penalty— if an aggravating circumstance applies to the offence—200 penalty units or 2 years imprisonment; or otherwise—100 penalty units.\n(sec.176C-ssec.2) It is an aggravating circumstance for an offence against subsection (1) if— the employee holds a negative notice and the employer knows, or ought reasonably to know, the employee holds the negative notice; or the chief executive has given the employer a notice under chapter 8 , part 5A that states the employee’s working with children authority has been cancelled; or the chief executive has given the employer a withdrawal notice for a working with children check application made by the person because section 199 applies; or the employee holds a disability exclusion or interstate NDIS exclusion and the employer knows, or ought reasonably to know, the employee holds the disability exclusion or interstate NDIS exclusion; or an adverse interstate WWC decision made about the employee is in effect and the employer knows, or ought reasonably to know, the decision is in effect.\n- (a) either— (i) the employee holds a working with children authority; or (ii) the employee has made a working with children check (exemption) application and the application has not been decided or withdrawn; and\n- (i) the employee holds a working with children authority; or\n- (ii) the employee has made a working with children check (exemption) application and the application has not been decided or withdrawn; and\n- (b) the employer has given the chief executive a notice, under section 173 , about employing the employee in regulated employment.\n- (i) the employee holds a working with children authority; or\n- (ii) the employee has made a working with children check (exemption) application and the application has not been decided or withdrawn; and\n- (a) if an aggravating circumstance applies to the offence—200 penalty units or 2 years imprisonment; or\n- (b) otherwise—100 penalty units.\n- (a) the employee holds a negative notice and the employer knows, or ought reasonably to know, the employee holds the negative notice; or\n- (b) the chief executive has given the employer a notice under chapter 8 , part 5A that states the employee’s working with children authority has been cancelled; or\n- (c) the chief executive has given the employer a withdrawal notice for a working with children check application made by the person because section 199 applies; or\n- (d) the employee holds a disability exclusion or interstate NDIS exclusion and the employer knows, or ought reasonably to know, the employee holds the disability exclusion or interstate NDIS exclusion; or\n- (e) an adverse interstate WWC decision made about the employee is in effect and the employer knows, or ought reasonably to know, the decision is in effect.","sortOrder":272},{"sectionNumber":"sec.176D","sectionType":"section","heading":"Employing police officer or registered teacher with suspended authority prohibited","content":"### sec.176D Employing police officer or registered teacher with suspended authority prohibited\n\nA person (the employer ) must not employ a police officer or registered teacher (the employee ) to start in regulated employment if—\nthe employee holds a working with children authority that is suspended; and\nthe employer knows, or ought reasonably to know, the employee’s authority is suspended.\nMaximum penalty—200 penalty units or 2 years imprisonment.\ns 176D ins 2019 No. 18 s 17\n- (a) the employee holds a working with children authority that is suspended; and\n- (b) the employer knows, or ought reasonably to know, the employee’s authority is suspended.","sortOrder":273},{"sectionNumber":"sec.176E","sectionType":"section","heading":"Police officer or registered teacher prohibited from regulated employment without exemption","content":"### sec.176E Police officer or registered teacher prohibited from regulated employment without exemption\n\nA person who is a police officer or registered teacher must not start or continue in regulated employment unless—\nthe person holds a working with children authority; or\nthe person has made a working with children check (exemption) application and the application has not been decided or withdrawn.\nMaximum penalty—\nif an aggravating circumstance applies to the offence—500 penalty units or 5 years imprisonment; or\notherwise—100 penalty units.\nIt is an aggravating circumstance for an offence against subsection (1) if the person—\nholds a negative notice; or\nfor a person mentioned in subsection (1) (b) —is a disqualified person; or\nheld a working with children authority that was cancelled on the person’s request under chapter 8 , part 5A , division 4 ; or\nmade a working with children check application that was withdrawn because section 199 applies; or\nholds a disability exclusion or interstate NDIS exclusion; or\nis the subject of an adverse interstate WWC decision that is in effect.\nHowever, if the person’s working with children authority was cancelled under chapter 8 , part 5A , a court may not find the person contravened subsection (1) unless the court is satisfied the person was given written notice about the cancellation.\nAlso, if the person was issued a disability exclusion or interstate NDIS exclusion because a disability clearance or interstate NDIS clearance issued to the person was cancelled, a court may not find that the aggravating circumstance mentioned in subsection (2) (e) applies to the person unless the court is satisfied the person was given written notice about—\nthe issue of the disability exclusion or interstate NDIS exclusion; or\nthe cancellation of the disability clearance or interstate NDIS clearance.\ns 176E ins 2019 No. 18 s 17\namd 2020 No. 39 s 34 ; 2022 No. 7 s 99\n(sec.176E-ssec.1) A person who is a police officer or registered teacher must not start or continue in regulated employment unless— the person holds a working with children authority; or the person has made a working with children check (exemption) application and the application has not been decided or withdrawn. Maximum penalty— if an aggravating circumstance applies to the offence—500 penalty units or 5 years imprisonment; or otherwise—100 penalty units.\n(sec.176E-ssec.2) It is an aggravating circumstance for an offence against subsection (1) if the person— holds a negative notice; or for a person mentioned in subsection (1) (b) —is a disqualified person; or held a working with children authority that was cancelled on the person’s request under chapter 8 , part 5A , division 4 ; or made a working with children check application that was withdrawn because section 199 applies; or holds a disability exclusion or interstate NDIS exclusion; or is the subject of an adverse interstate WWC decision that is in effect.\n(sec.176E-ssec.3) However, if the person’s working with children authority was cancelled under chapter 8 , part 5A , a court may not find the person contravened subsection (1) unless the court is satisfied the person was given written notice about the cancellation.\n(sec.176E-ssec.4) Also, if the person was issued a disability exclusion or interstate NDIS exclusion because a disability clearance or interstate NDIS clearance issued to the person was cancelled, a court may not find that the aggravating circumstance mentioned in subsection (2) (e) applies to the person unless the court is satisfied the person was given written notice about— the issue of the disability exclusion or interstate NDIS exclusion; or the cancellation of the disability clearance or interstate NDIS clearance.\n- (a) the person holds a working with children authority; or\n- (b) the person has made a working with children check (exemption) application and the application has not been decided or withdrawn.\n- (a) if an aggravating circumstance applies to the offence—500 penalty units or 5 years imprisonment; or\n- (b) otherwise—100 penalty units.\n- (a) holds a negative notice; or\n- (b) for a person mentioned in subsection (1) (b) —is a disqualified person; or\n- (c) held a working with children authority that was cancelled on the person’s request under chapter 8 , part 5A , division 4 ; or\n- (d) made a working with children check application that was withdrawn because section 199 applies; or\n- (e) holds a disability exclusion or interstate NDIS exclusion; or\n- (f) is the subject of an adverse interstate WWC decision that is in effect.\n- (a) the issue of the disability exclusion or interstate NDIS exclusion; or\n- (b) the cancellation of the disability clearance or interstate NDIS clearance.","sortOrder":274},{"sectionNumber":"sec.176F","sectionType":"section","heading":"Exemption required for regulated employment if previous application withdrawn","content":"### sec.176F Exemption required for regulated employment if previous application withdrawn\n\nThis section applies if a person who is a police officer or registered teacher makes a working with children check (exemption) application that is withdrawn because section 196 or 199 applies.\nThe person must not start or continue in regulated employment unless the person holds a working with children authority.\nMaximum penalty—\nif the withdrawal notice is given because section 199 applies—500 penalty units or 5 years imprisonment; or\notherwise—100 penalty units or 1 year’s imprisonment.\nDespite section 176E , subsection (2) applies even if the person makes another working with children check (exemption) application.\ns 176F ins 2019 No. 18 s 17\n(sec.176F-ssec.1) This section applies if a person who is a police officer or registered teacher makes a working with children check (exemption) application that is withdrawn because section 196 or 199 applies.\n(sec.176F-ssec.2) The person must not start or continue in regulated employment unless the person holds a working with children authority. Maximum penalty— if the withdrawal notice is given because section 199 applies—500 penalty units or 5 years imprisonment; or otherwise—100 penalty units or 1 year’s imprisonment.\n(sec.176F-ssec.3) Despite section 176E , subsection (2) applies even if the person makes another working with children check (exemption) application.\n- (a) if the withdrawal notice is given because section 199 applies—500 penalty units or 5 years imprisonment; or\n- (b) otherwise—100 penalty units or 1 year’s imprisonment.","sortOrder":275},{"sectionNumber":"sec.176G","sectionType":"section","heading":"Exemption required for police officer or registered teacher to carry on regulated business","content":"### sec.176G Exemption required for police officer or registered teacher to carry on regulated business\n\nA person who is a police officer or registered teacher must not carry on a regulated business unless—\nthe person holds a working with children authority; or\nthe person has made a working with children check (exemption) application and the application has not been decided or withdrawn.\nMaximum penalty—500 penalty units or 5 years imprisonment.\nUnder section 14 , particular executive officers of a corporation that carries on a regulated business are taken to carry on the regulated business.\ns 176G ins 2019 No. 18 s 17\n- (a) the person holds a working with children authority; or\n- (b) the person has made a working with children check (exemption) application and the application has not been decided or withdrawn.","sortOrder":276},{"sectionNumber":"ch.7-pt.4-div.4","sectionType":"division","heading":"Restricted persons prohibited from restricted employment","content":"## Restricted persons prohibited from restricted employment","sortOrder":277},{"sectionNumber":"sec.176H","sectionType":"section","heading":"Definitions for division","content":"### sec.176H Definitions for division\n\nIn this division—\nrestricted employment means employment that is not regulated employment under—\nsection 156 (3) or (4) ; or\nschedule 1 , section 6A (3) (a) or (b) .\ns 176H def restricted employment amd 2024 No. 50 s 40 (1)\nrestricted person means a person who—\nholds a negative notice; or\nholds a working with children authority that is suspended; or\nis a disqualified person and does not hold a working with children authority; or\nhas been charged with a disqualifying offence the proceeding for which has not ended; or\nis the subject of an adverse interstate WWC decision that is in effect.\ns 176H def restricted person amd 2024 No. 50 s 40 (2)\ns 176H ins 2019 No. 18 s 17\namd 2020 No. 39 s 35 ; 2022 No. 7 s 100\n- (a) section 156 (3) or (4) ; or\n- (b) schedule 1 , section 6A (3) (a) or (b) .\n- (a) holds a negative notice; or\n- (b) holds a working with children authority that is suspended; or\n- (c) is a disqualified person and does not hold a working with children authority; or\n- (d) has been charged with a disqualifying offence the proceeding for which has not ended; or\n- (e) is the subject of an adverse interstate WWC decision that is in effect.","sortOrder":278},{"sectionNumber":"sec.176I","sectionType":"section","heading":"Employing restricted person in restricted employment prohibited","content":"### sec.176I Employing restricted person in restricted employment prohibited\n\nA person (the employer ) must not employ, or continue to employ, another person (the employee ) in restricted employment if—\nthe employee is a restricted person; and\nthe employer knows, or ought reasonably to know, the employee is a restricted person.\nMaximum penalty—200 penalty units or 2 years imprisonment.\ns 176I ins 2019 No. 18 s 17\n- (a) the employee is a restricted person; and\n- (b) the employer knows, or ought reasonably to know, the employee is a restricted person.","sortOrder":279},{"sectionNumber":"sec.176J","sectionType":"section","heading":"Restricted person prohibited from starting or continuing in restricted employment","content":"### sec.176J Restricted person prohibited from starting or continuing in restricted employment\n\nA restricted person must not start or continue in restricted employment.\nMaximum penalty—500 penalty units or 5 years imprisonment.\nHowever—\nif the person is a restricted person because the person holds a negative notice that was issued under chapter 8 , part 5A when the person’s working with children authority was cancelled—a court may not find the person contravened subsection (1) unless the court is satisfied the person was given written notice about the issue of the negative notice; and\nif the person is a restricted person because the person’s working with children authority is suspended under chapter 8 , part 5A —a court may not find the person contravened subsection (1) unless the court is satisfied the person was given written notice about the suspension.\ns 176J ins 2019 No. 18 s 17\n(sec.176J-ssec.1) A restricted person must not start or continue in restricted employment. Maximum penalty—500 penalty units or 5 years imprisonment.\n(sec.176J-ssec.2) However— if the person is a restricted person because the person holds a negative notice that was issued under chapter 8 , part 5A when the person’s working with children authority was cancelled—a court may not find the person contravened subsection (1) unless the court is satisfied the person was given written notice about the issue of the negative notice; and if the person is a restricted person because the person’s working with children authority is suspended under chapter 8 , part 5A —a court may not find the person contravened subsection (1) unless the court is satisfied the person was given written notice about the suspension.\n- (a) if the person is a restricted person because the person holds a negative notice that was issued under chapter 8 , part 5A when the person’s working with children authority was cancelled—a court may not find the person contravened subsection (1) unless the court is satisfied the person was given written notice about the issue of the negative notice; and\n- (b) if the person is a restricted person because the person’s working with children authority is suspended under chapter 8 , part 5A —a court may not find the person contravened subsection (1) unless the court is satisfied the person was given written notice about the suspension.","sortOrder":280},{"sectionNumber":"ch.8-pt.1","sectionType":"part","heading":null,"content":"","sortOrder":281},{"sectionNumber":"ch.8-pt.1-div.1","sectionType":"division","heading":null,"content":"","sortOrder":282},{"sectionNumber":"sec.176K","sectionType":"section","heading":null,"content":"### Section sec.176K\n\ns 176K ins 2019 No. 18 s 19\nom 2024 No. 50 s 41","sortOrder":283},{"sectionNumber":"sec.176L","sectionType":"section","heading":null,"content":"### Section sec.176L\n\ns 176L ins 2019 No. 18 s 19\nom 2024 No. 50 s 41","sortOrder":284},{"sectionNumber":"ch.8-pt.1-div.2","sectionType":"division","heading":null,"content":"","sortOrder":285},{"sectionNumber":"sec.177","sectionType":"section","heading":null,"content":"### Section sec.177\n\ns 177 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55 ; 2019 No. 18 s 20\nom 2024 No. 50 s 41","sortOrder":286},{"sectionNumber":"sec.178","sectionType":"section","heading":null,"content":"### Section sec.178\n\ns 178 ins 2010 No. 5 s 58\namd 2010 No. 33 s 100 ; 2014 No. 28 s 55 ; 2019 No. 18 s 21\nom 2024 No. 50 s 41","sortOrder":287},{"sectionNumber":"sec.179","sectionType":"section","heading":null,"content":"### Section sec.179\n\ns 179 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nom 2024 No. 50 s 41","sortOrder":288},{"sectionNumber":"sec.180","sectionType":"section","heading":null,"content":"### Section sec.180\n\ns 180 ins 2010 No. 5 s 58\namd 2013 No. 14 s 54 sch ; 2014 No. 28 ss 55 , 57B ; 2019 No. 18 s 22\nom 2024 No. 50 s 41","sortOrder":289},{"sectionNumber":"sec.181","sectionType":"section","heading":null,"content":"### Section sec.181\n\ns 181 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55 ; 2019 No. 18 s 23\nom 2024 No. 50 s 41","sortOrder":290},{"sectionNumber":"sec.182","sectionType":"section","heading":null,"content":"### Section sec.182\n\ns 182 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nsub 2019 No. 18 s 24\nom 2024 No. 50 s 41","sortOrder":291},{"sectionNumber":"sec.183","sectionType":"section","heading":null,"content":"### Section sec.183\n\ns 183 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nom 2019 No. 18 s 25","sortOrder":292},{"sectionNumber":"sec.184","sectionType":"section","heading":null,"content":"### Section sec.184\n\ns 184 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nom 2019 No. 18 s 25","sortOrder":293},{"sectionNumber":"sec.185","sectionType":"section","heading":null,"content":"### Section sec.185\n\ns 185 ins 2010 No. 5 s 58\nsub 2019 No. 18 s 26\nom 2024 No. 50 s 41","sortOrder":294},{"sectionNumber":"ch.8-pt.2","sectionType":"part","heading":"Working with children check applications","content":"# Working with children check applications","sortOrder":295},{"sectionNumber":"sec.186","sectionType":"section","heading":"Meaning of disclosable matter","content":"### sec.186 Meaning of disclosable matter\n\nA disclosable matter , in relation to a person, is a matter that relates to any of the following—\na domestic violence order made, or a police protection direction or police protection notice issued, against the person under the Domestic and Family Violence Protection Act 2012 ;\nan adverse interstate WWC decision against the person;\nan allegation of harm caused by the person substantiated by the chief executive (child safety) or the chief executive of the department of another State administering a child welfare law of the State;\na type of disciplinary action taken against the person that is prescribed by regulation;\nanother matter relevant to whether the person poses a risk to the safety of children prescribed by regulation.\nIn this section—\nchild welfare law see the Child Protection Act 1999 , schedule 3 .\ns 186 prev s 186 ins 2010 No. 5 s 58\namd 2014 No. 28 ss 55 , 56\nom 2024 No. 50 s 41\npres s 186 ins 2024 No. 50 s 42\namd 2025 No. 18 s 83 sch 1\n(sec.186-ssec.1) A disclosable matter , in relation to a person, is a matter that relates to any of the following— a domestic violence order made, or a police protection direction or police protection notice issued, against the person under the Domestic and Family Violence Protection Act 2012 ; an adverse interstate WWC decision against the person; an allegation of harm caused by the person substantiated by the chief executive (child safety) or the chief executive of the department of another State administering a child welfare law of the State; a type of disciplinary action taken against the person that is prescribed by regulation; another matter relevant to whether the person poses a risk to the safety of children prescribed by regulation.\n(sec.186-ssec.2) In this section— child welfare law see the Child Protection Act 1999 , schedule 3 .\n- (a) a domestic violence order made, or a police protection direction or police protection notice issued, against the person under the Domestic and Family Violence Protection Act 2012 ;\n- (b) an adverse interstate WWC decision against the person;\n- (c) an allegation of harm caused by the person substantiated by the chief executive (child safety) or the chief executive of the department of another State administering a child welfare law of the State;\n- (d) a type of disciplinary action taken against the person that is prescribed by regulation;\n- (e) another matter relevant to whether the person poses a risk to the safety of children prescribed by regulation.","sortOrder":296},{"sectionNumber":"sec.187","sectionType":"section","heading":"Who may apply","content":"### sec.187 Who may apply\n\nA person (an applicant ) may apply to the chief executive for a working with children check.\nA police officer or registered teacher (also an applicant ) may apply to the chief executive for a working with children check for an exemption.\ns 187 prev s 187 ins 2010 No. 5 s 58\nom 2019 No. 18 s 27\npres s 187 ins 2019 No. 18 s 28\n(sec.187-ssec.1) A person (an applicant ) may apply to the chief executive for a working with children check.\n(sec.187-ssec.2) A police officer or registered teacher (also an applicant ) may apply to the chief executive for a working with children check for an exemption.","sortOrder":297},{"sectionNumber":"sec.187A","sectionType":"section","heading":"Application combined with disability worker screening application","content":"### sec.187A Application combined with disability worker screening application\n\nA person (an applicant ) may combine an application mentioned in section 187 (1) or (2) with a disability worker screening application.\nAn application made under subsection (1) is a combined application .\nThis chapter applies to a combined application to the extent it is an application mentioned in section 187 (1) or (2) .\nIf a combined application is made to the chief executive, the chief executive must give the information in the combined application, to the extent the information relates to the applicant’s disability worker screening application, to the chief executive (disability worker screening).\ns 187A ins 2020 No. 39 s 36\namd 2024 No. 50 s 43\n(sec.187A-ssec.1) A person (an applicant ) may combine an application mentioned in section 187 (1) or (2) with a disability worker screening application.\n(sec.187A-ssec.2) An application made under subsection (1) is a combined application .\n(sec.187A-ssec.3) This chapter applies to a combined application to the extent it is an application mentioned in section 187 (1) or (2) .\n(sec.187A-ssec.4) If a combined application is made to the chief executive, the chief executive must give the information in the combined application, to the extent the information relates to the applicant’s disability worker screening application, to the chief executive (disability worker screening).","sortOrder":298},{"sectionNumber":"sec.188","sectionType":"section","heading":"Form of application","content":"### sec.188 Form of application\n\nAn application under this part must be—\nin the approved form; and\nmade in an approved way; and\nsigned by the applicant.\nA working with children check (general) application must be accompanied by the prescribed fee for the application, unless section 189 applies to the applicant.\nThe approved form must provide for the applicant—\nto provide proof of the applicant’s identity; and\nto consent to employment screening under this chapter; and\nif the application is a working with children check (exemption) application—to declare that the applicant is a police officer or a registered teacher.\nFurther, the approved form may provide for the applicant to disclose whether particular police information or a disclosable matter exists in relation to the applicant.\nIf the approved form provides for the applicant to disclose whether particular police information exists in relation to the applicant, the applicant must not fail to disclose the police information.\nMaximum penalty—100 penalty units.\nIf the approved form provides for the applicant to disclose whether a disclosable matter exists in relation to the applicant, the applicant must not fail to disclose the disclosable matter.\nMaximum penalty—10 penalty units.\ns 188 prev s 188 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nom 2019 No. 18 s 27\npres s 188 ins 2019 No. 18 s 28\namd 2024 No. 50 s 44\n(sec.188-ssec.1) An application under this part must be— in the approved form; and made in an approved way; and signed by the applicant.\n(sec.188-ssec.2) A working with children check (general) application must be accompanied by the prescribed fee for the application, unless section 189 applies to the applicant.\n(sec.188-ssec.3) The approved form must provide for the applicant— to provide proof of the applicant’s identity; and to consent to employment screening under this chapter; and if the application is a working with children check (exemption) application—to declare that the applicant is a police officer or a registered teacher.\n(sec.188-ssec.4) Further, the approved form may provide for the applicant to disclose whether particular police information or a disclosable matter exists in relation to the applicant.\n(sec.188-ssec.5) If the approved form provides for the applicant to disclose whether particular police information exists in relation to the applicant, the applicant must not fail to disclose the police information. Maximum penalty—100 penalty units.\n(sec.188-ssec.6) If the approved form provides for the applicant to disclose whether a disclosable matter exists in relation to the applicant, the applicant must not fail to disclose the disclosable matter. Maximum penalty—10 penalty units.\n- (a) in the approved form; and\n- (b) made in an approved way; and\n- (c) signed by the applicant.\n- (a) to provide proof of the applicant’s identity; and\n- (b) to consent to employment screening under this chapter; and\n- (c) if the application is a working with children check (exemption) application—to declare that the applicant is a police officer or a registered teacher.","sortOrder":299},{"sectionNumber":"sec.189","sectionType":"section","heading":"No application fee for volunteers","content":"### sec.189 No application fee for volunteers\n\nThis section applies if the chief executive is satisfied the applicant—\nhas an agreement with another person (the employer ) to be employed in regulated employment as a volunteer by the employer; or\nproposes to carry on, or to continue carrying on, a regulated business other than for reward.\nThe applicant is not required to pay the prescribed fee for the application.\ns 189 prev s 189 ins 2010 No. 5 s 58\nom 2019 No. 18 s 27\npres s 189 ins 2019 No. 18 s 28\n(sec.189-ssec.1) This section applies if the chief executive is satisfied the applicant— has an agreement with another person (the employer ) to be employed in regulated employment as a volunteer by the employer; or proposes to carry on, or to continue carrying on, a regulated business other than for reward.\n(sec.189-ssec.2) The applicant is not required to pay the prescribed fee for the application.\n- (a) has an agreement with another person (the employer ) to be employed in regulated employment as a volunteer by the employer; or\n- (b) proposes to carry on, or to continue carrying on, a regulated business other than for reward.","sortOrder":300},{"sectionNumber":"sec.190","sectionType":"section","heading":"Chief executive may request further information","content":"### sec.190 Chief executive may request further information\n\nOn receiving an application under this part, the chief executive may give the applicant a notice asking the applicant to give the chief executive, within a reasonable stated time—\nstated information that the chief executive reasonably needs to establish the applicant’s identity; or\nstated information, including by way of a submission, about a stated matter that the chief executive reasonably believes is relevant to the application.\nA request under subsection (1) must state that, if the applicant does not comply with the request within the stated time, the applicant’s application will be withdrawn.\ns 190 prev s 190 ins 2010 No. 5 s 58\nom 2019 No. 18 s 27\npres s 190 ins 2019 No. 18 s 28\n(sec.190-ssec.1) On receiving an application under this part, the chief executive may give the applicant a notice asking the applicant to give the chief executive, within a reasonable stated time— stated information that the chief executive reasonably needs to establish the applicant’s identity; or stated information, including by way of a submission, about a stated matter that the chief executive reasonably believes is relevant to the application.\n(sec.190-ssec.2) A request under subsection (1) must state that, if the applicant does not comply with the request within the stated time, the applicant’s application will be withdrawn.\n- (a) stated information that the chief executive reasonably needs to establish the applicant’s identity; or\n- (b) stated information, including by way of a submission, about a stated matter that the chief executive reasonably believes is relevant to the application.","sortOrder":301},{"sectionNumber":"sec.190A","sectionType":"section","heading":"Chief executive may request further information for combined application","content":"### sec.190A Chief executive may request further information for combined application\n\nThis section applies if an applicant made a combined application and the chief executive becomes aware that, under the Disability Services Act 2006 —\nthe applicant’s disability worker screening application has been withdrawn; or\na disability exclusion has been issued to the applicant.\nThe chief executive may give the applicant a notice asking the applicant to advise the chief executive, within a reasonable stated time, whether or not the applicant wishes to proceed with the working with children check application under this part.\nA request under subsection (2) must state that, if the applicant does not comply with the request within the stated time, the applicant’s working with children check application will be withdrawn.\ns 190A ins 2020 No. 39 s 37\n(sec.190A-ssec.1) This section applies if an applicant made a combined application and the chief executive becomes aware that, under the Disability Services Act 2006 — the applicant’s disability worker screening application has been withdrawn; or a disability exclusion has been issued to the applicant.\n(sec.190A-ssec.2) The chief executive may give the applicant a notice asking the applicant to advise the chief executive, within a reasonable stated time, whether or not the applicant wishes to proceed with the working with children check application under this part.\n(sec.190A-ssec.3) A request under subsection (2) must state that, if the applicant does not comply with the request within the stated time, the applicant’s working with children check application will be withdrawn.\n- (a) the applicant’s disability worker screening application has been withdrawn; or\n- (b) a disability exclusion has been issued to the applicant.","sortOrder":302},{"sectionNumber":"sec.191","sectionType":"section","heading":"Working with children authority continues in force pending decision","content":"### sec.191 Working with children authority continues in force pending decision\n\nThis section applies if an applicant holds a working with children authority (the current authority ).\nDespite sections 238 (1) and 239 (1) , the current authority remains in force from the day it would otherwise end until the earliest of the following things happens—\nthe application is decided or withdrawn;\nthe current authority is cancelled;\nif the application is a working with children check (exemption) application—the applicant stops being a police officer or registered teacher.\ns 191 prev s 191 ins 2010 No. 5 s 58\nom 2019 No. 18 s 27\npres s 191 ins 2019 No. 18 s 28\namd 2024 No. 50 s 140 sch 1\n(sec.191-ssec.1) This section applies if an applicant holds a working with children authority (the current authority ).\n(sec.191-ssec.2) Despite sections 238 (1) and 239 (1) , the current authority remains in force from the day it would otherwise end until the earliest of the following things happens— the application is decided or withdrawn; the current authority is cancelled; if the application is a working with children check (exemption) application—the applicant stops being a police officer or registered teacher.\n- (a) the application is decided or withdrawn;\n- (b) the current authority is cancelled;\n- (c) if the application is a working with children check (exemption) application—the applicant stops being a police officer or registered teacher.","sortOrder":303},{"sectionNumber":"sec.192","sectionType":"section","heading":null,"content":"### Section sec.192\n\ns 192 prev s 192 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nom 2019 No. 18 s 27\npres s 192 ins 2019 No. 18 s 28\nom 2024 No. 50 s 45","sortOrder":304},{"sectionNumber":"sec.193","sectionType":"section","heading":"Effect of application by negative notice holder","content":"### sec.193 Effect of application by negative notice holder\n\nThis section applies if the applicant holds a negative notice.\nThe application has no effect.\nThe chief executive must give a notice that states the following matters to the applicant and each notifiable person for the applicant—\nthe application has no effect because the applicant holds a negative notice;\nthe day the negative notice was issued.\nA notice given to the applicant under subsection (3) must also state the following matters—\nthe applicant may apply to cancel a negative notice under section 304G if—\nthe applicant is not a disqualified person; and\nthe applicant is not the subject of an adverse interstate WWC decision that is in effect; and\nthe application is made more than 3 years after the negative notice was issued;\nif either of the following applies, the applicant may apply under section 304G to cancel the negative notice—\nthe decision to issue the notice was based on wrong or incomplete information;\nthe negative notice was issued because the applicant was a disqualified person and the applicant is no longer a disqualified person.\nIf the negative notice was issued to the applicant because the applicant is a disqualified person, a notice given to the chief executive (child safety) under subsection (3) must also state the provision of the Act under which the negative notice was issued.\ns 193 prev s 193 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nom 2019 No. 18 s 27\npres s 193 ins 2019 No. 18 s 28\namd 2024 No. 50 s 46\n(sec.193-ssec.1) This section applies if the applicant holds a negative notice.\n(sec.193-ssec.2) The application has no effect.\n(sec.193-ssec.3) The chief executive must give a notice that states the following matters to the applicant and each notifiable person for the applicant— the application has no effect because the applicant holds a negative notice; the day the negative notice was issued.\n(sec.193-ssec.4) A notice given to the applicant under subsection (3) must also state the following matters— the applicant may apply to cancel a negative notice under section 304G if— the applicant is not a disqualified person; and the applicant is not the subject of an adverse interstate WWC decision that is in effect; and the application is made more than 3 years after the negative notice was issued; if either of the following applies, the applicant may apply under section 304G to cancel the negative notice— the decision to issue the notice was based on wrong or incomplete information; the negative notice was issued because the applicant was a disqualified person and the applicant is no longer a disqualified person.\n(sec.193-ssec.5) If the negative notice was issued to the applicant because the applicant is a disqualified person, a notice given to the chief executive (child safety) under subsection (3) must also state the provision of the Act under which the negative notice was issued.\n- (a) the application has no effect because the applicant holds a negative notice;\n- (b) the day the negative notice was issued.\n- (a) the applicant may apply to cancel a negative notice under section 304G if— (i) the applicant is not a disqualified person; and (ii) the applicant is not the subject of an adverse interstate WWC decision that is in effect; and (iii) the application is made more than 3 years after the negative notice was issued;\n- (i) the applicant is not a disqualified person; and\n- (ii) the applicant is not the subject of an adverse interstate WWC decision that is in effect; and\n- (iii) the application is made more than 3 years after the negative notice was issued;\n- (b) if either of the following applies, the applicant may apply under section 304G to cancel the negative notice— (i) the decision to issue the notice was based on wrong or incomplete information; (ii) the negative notice was issued because the applicant was a disqualified person and the applicant is no longer a disqualified person.\n- (i) the decision to issue the notice was based on wrong or incomplete information;\n- (ii) the negative notice was issued because the applicant was a disqualified person and the applicant is no longer a disqualified person.\n- (i) the applicant is not a disqualified person; and\n- (ii) the applicant is not the subject of an adverse interstate WWC decision that is in effect; and\n- (iii) the application is made more than 3 years after the negative notice was issued;\n- (i) the decision to issue the notice was based on wrong or incomplete information;\n- (ii) the negative notice was issued because the applicant was a disqualified person and the applicant is no longer a disqualified person.","sortOrder":305},{"sectionNumber":"sec.193A","sectionType":"section","heading":"Effect of interim bar imposed under Disability Services Act 2006","content":"### sec.193A Effect of interim bar imposed under Disability Services Act 2006\n\nThis section applies if—\nthe applicant has also made a disability worker screening application, regardless of whether the applicant made a combined application; and\nthe chief executive is aware that an interim bar has been imposed on the applicant under the Disability Services Act 2006 , section 82 .\nThe chief executive is not required to decide the applicant’s working with children check application until the chief executive becomes aware that the interim bar is no longer in effect.\nIf the chief executive defers deciding the working with children check application under subsection (2) , the chief executive must give the applicant a written notice about the deferral.\ns 193A ins 2020 No. 39 s 38\namd 2024 No. 50 s 47\n(sec.193A-ssec.1) This section applies if— the applicant has also made a disability worker screening application, regardless of whether the applicant made a combined application; and the chief executive is aware that an interim bar has been imposed on the applicant under the Disability Services Act 2006 , section 82 .\n(sec.193A-ssec.2) The chief executive is not required to decide the applicant’s working with children check application until the chief executive becomes aware that the interim bar is no longer in effect.\n(sec.193A-ssec.3) If the chief executive defers deciding the working with children check application under subsection (2) , the chief executive must give the applicant a written notice about the deferral.\n- (a) the applicant has also made a disability worker screening application, regardless of whether the applicant made a combined application; and\n- (b) the chief executive is aware that an interim bar has been imposed on the applicant under the Disability Services Act 2006 , section 82 .","sortOrder":306},{"sectionNumber":"ch.8-pt.3","sectionType":"part","heading":"Withdrawal of application","content":"# Withdrawal of application","sortOrder":307},{"sectionNumber":"sec.194","sectionType":"section","heading":"Application of part","content":"### sec.194 Application of part\n\nThis part applies to a working with children check application.\ns 194 prev s 194 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nom 2019 No. 18 s 27\npres s 194 ins 2019 No. 18 s 28\nsub 2024 No. 50 s 48","sortOrder":308},{"sectionNumber":"sec.195","sectionType":"section","heading":"Notice of withdrawal","content":"### sec.195 Notice of withdrawal\n\nThe chief executive withdraws an application by giving the applicant a notice (a withdrawal notice ) that states the application is withdrawn.\nThe chief executive must give a withdrawal notice to the applicant if, before the application is decided—\nthe applicant withdraws the application under section 196 ; or\nthe chief executive is permitted or required, under this part, to withdraw the application.\nIf the application is a working with children check application, the chief executive must also give a withdrawal notice to each notifiable person and potential employer for the applicant.\nA withdrawal notice must state the reason for the withdrawal.\ns 195 prev s 195 ins 2010 No. 5 s 58\nom 2019 No. 18 s 27\npres s 195 ins 2019 No. 18 s 28\namd 2022 No. 7 s 101\n(sec.195-ssec.1) The chief executive withdraws an application by giving the applicant a notice (a withdrawal notice ) that states the application is withdrawn.\n(sec.195-ssec.2) The chief executive must give a withdrawal notice to the applicant if, before the application is decided— the applicant withdraws the application under section 196 ; or the chief executive is permitted or required, under this part, to withdraw the application.\n(sec.195-ssec.3) If the application is a working with children check application, the chief executive must also give a withdrawal notice to each notifiable person and potential employer for the applicant.\n(sec.195-ssec.4) A withdrawal notice must state the reason for the withdrawal.\n- (a) the applicant withdraws the application under section 196 ; or\n- (b) the chief executive is permitted or required, under this part, to withdraw the application.","sortOrder":309},{"sectionNumber":"sec.196","sectionType":"section","heading":"Withdrawal by applicant","content":"### sec.196 Withdrawal by applicant\n\nThe applicant may withdraw an application at any time before it is decided.\nThe applicant withdraws the application by giving the chief executive notice about the withdrawal.\nThe notice may be given orally or in writing.\ns 196 prev s 196 ins 2010 No. 5 s 58\nom 2019 No. 18 s 27\npres s 196 ins 2019 No. 18 s 28\n(sec.196-ssec.1) The applicant may withdraw an application at any time before it is decided.\n(sec.196-ssec.2) The applicant withdraws the application by giving the chief executive notice about the withdrawal.\n(sec.196-ssec.3) The notice may be given orally or in writing.","sortOrder":310},{"sectionNumber":"sec.196A","sectionType":"section","heading":"Withdrawal of combined application","content":"### sec.196A Withdrawal of combined application\n\nThis section applies if the applicant made a combined application.\nThe applicant may combine a notice withdrawing the applicant’s working with children check application under section 196 with a request to withdraw the applicant’s disability worker screening application.\nThe request may be made orally or in writing. See—\nsection 196 (3) ; and\nthe Disability Services Act 2006 , section 75 (2) .\nA request made under subsection (2) is a combined withdrawal request .\nThis part applies to a combined withdrawal request to the extent it is a notice under section 196 .\nIf a combined withdrawal request is made to the chief executive, the chief executive must give a notice about the combined withdrawal request to the chief executive (disability worker screening).\ns 196A ins 2020 No. 39 s 39\namd 2024 No. 50 s 49\n(sec.196A-ssec.1) This section applies if the applicant made a combined application.\n(sec.196A-ssec.2) The applicant may combine a notice withdrawing the applicant’s working with children check application under section 196 with a request to withdraw the applicant’s disability worker screening application. The request may be made orally or in writing. See— section 196 (3) ; and the Disability Services Act 2006 , section 75 (2) .\n(sec.196A-ssec.3) A request made under subsection (2) is a combined withdrawal request .\n(sec.196A-ssec.4) This part applies to a combined withdrawal request to the extent it is a notice under section 196 .\n(sec.196A-ssec.5) If a combined withdrawal request is made to the chief executive, the chief executive must give a notice about the combined withdrawal request to the chief executive (disability worker screening).\n- (a) section 196 (3) ; and\n- (b) the Disability Services Act 2006 , section 75 (2) .","sortOrder":311},{"sectionNumber":"sec.197","sectionType":"section","heading":"Withdrawal by chief executive—identity can not be established","content":"### sec.197 Withdrawal by chief executive—identity can not be established\n\nThe chief executive must withdraw an application if—\nthe chief executive gives the applicant a notice under section 190 (1) (a) asking the applicant to provide information to establish the applicant’s identity within a stated time; and\nthe notice includes the warning mentioned in section 190 (2) ; and\nthe applicant does not comply with the request; and\nthe chief executive can not establish the applicant’s identity with certainty.\ns 197 prev s 197 ins 2010 No. 5 s 58\nom 2019 No. 18 s 27\npres s 197 ins 2019 No. 18 s 28\namd 2024 No. 50 s 50\n- (a) the chief executive gives the applicant a notice under section 190 (1) (a) asking the applicant to provide information to establish the applicant’s identity within a stated time; and\n- (b) the notice includes the warning mentioned in section 190 (2) ; and\n- (c) the applicant does not comply with the request; and\n- (d) the chief executive can not establish the applicant’s identity with certainty.","sortOrder":312},{"sectionNumber":"sec.198","sectionType":"section","heading":"Withdrawal by chief executive—failure to comply with particular requests","content":"### sec.198 Withdrawal by chief executive—failure to comply with particular requests\n\nThe chief executive must withdraw an application if—\nthe chief executive gives the applicant a notice under section 190 (1) (b) or 190A (2) ; and\nthe notice includes a warning that, if the applicant does not comply with the notice, the application will be withdrawn; and\nthe person does not comply with the notice.\nThe chief executive may withdraw an application if—\nthe chief executive gives the applicant a notice under section 330 , 332 or 333 asking the applicant to give the consent, or take the other action, stated in the notice; and\nthe notice includes a warning that, if the applicant does not comply with the notice, the chief executive may withdraw the application; and\nthe person does not comply with the notice.\ns 198 prev s 198 ins 2010 No. 5 s 58\nom 2019 No. 18 s 27\npres s 198 ins 2019 No. 18 s 28\namd 2020 No. 39 s 40\nsub 2024 No. 50 s 51\n(sec.198-ssec.1) The chief executive must withdraw an application if— the chief executive gives the applicant a notice under section 190 (1) (b) or 190A (2) ; and the notice includes a warning that, if the applicant does not comply with the notice, the application will be withdrawn; and the person does not comply with the notice.\n(sec.198-ssec.2) The chief executive may withdraw an application if— the chief executive gives the applicant a notice under section 330 , 332 or 333 asking the applicant to give the consent, or take the other action, stated in the notice; and the notice includes a warning that, if the applicant does not comply with the notice, the chief executive may withdraw the application; and the person does not comply with the notice.\n- (a) the chief executive gives the applicant a notice under section 190 (1) (b) or 190A (2) ; and\n- (b) the notice includes a warning that, if the applicant does not comply with the notice, the application will be withdrawn; and\n- (c) the person does not comply with the notice.\n- (a) the chief executive gives the applicant a notice under section 330 , 332 or 333 asking the applicant to give the consent, or take the other action, stated in the notice; and\n- (b) the notice includes a warning that, if the applicant does not comply with the notice, the chief executive may withdraw the application; and\n- (c) the person does not comply with the notice.","sortOrder":313},{"sectionNumber":"sec.199","sectionType":"section","heading":"Withdrawal by chief executive—applicant charged with serious offence or disqualifying offence etc.","content":"### sec.199 Withdrawal by chief executive—applicant charged with serious offence or disqualifying offence etc.\n\nThe chief executive must withdraw a working with children check application if the applicant is charged with a serious offence or disqualifying offence.\nIf the applicant is charged with a disqualifying offence, a withdrawal notice given under section 195 because this section applies must state that—\nfor a notice given to the applicant—it is an offence for the applicant to start or continue in restricted employment; or\nfor a notice given to a notifiable person or potential employer for the applicant—it is an offence for an employer or potential employer to employ, or continue to employ, the applicant in restricted employment.\ns 199 prev s 199 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nom 2019 No. 18 s 27\npres s 199 ins 2019 No. 18 s 28\namd 2022 No. 7 ss 77 , 102 ; 2024 No. 50 s 52\n(sec.199-ssec.1) The chief executive must withdraw a working with children check application if the applicant is charged with a serious offence or disqualifying offence.\n(sec.199-ssec.2) If the applicant is charged with a disqualifying offence, a withdrawal notice given under section 195 because this section applies must state that— for a notice given to the applicant—it is an offence for the applicant to start or continue in restricted employment; or for a notice given to a notifiable person or potential employer for the applicant—it is an offence for an employer or potential employer to employ, or continue to employ, the applicant in restricted employment.\n- (a) for a notice given to the applicant—it is an offence for the applicant to start or continue in restricted employment; or\n- (b) for a notice given to a notifiable person or potential employer for the applicant—it is an offence for an employer or potential employer to employ, or continue to employ, the applicant in restricted employment.","sortOrder":314},{"sectionNumber":"sec.200","sectionType":"section","heading":"Withdrawal by chief executive—applicant no longer police officer or registered teacher","content":"### sec.200 Withdrawal by chief executive—applicant no longer police officer or registered teacher\n\nThe chief executive must withdraw a working with children check (exemption) application made by a police officer if the applicant or the police commissioner gives the chief executive a written notice that states the applicant is no longer a police officer.\nThe chief executive must withdraw a working with children check (exemption) application made by a registered teacher if the applicant or the college of teachers gives the chief executive a written notice that states the applicant is no longer a registered teacher.\ns 200 prev s 200 ins 2010 No. 5 s 58\namd 2010 No. 33 s 101\nom 2019 No. 18 s 27\npres s 200 ins 2019 No. 18 s 28\namd 2024 No. 50 s 53\n(sec.200-ssec.1) The chief executive must withdraw a working with children check (exemption) application made by a police officer if the applicant or the police commissioner gives the chief executive a written notice that states the applicant is no longer a police officer.\n(sec.200-ssec.2) The chief executive must withdraw a working with children check (exemption) application made by a registered teacher if the applicant or the college of teachers gives the chief executive a written notice that states the applicant is no longer a registered teacher.","sortOrder":315},{"sectionNumber":"sec.201","sectionType":"section","heading":"Withdrawal by chief executive—adverse interstate WWC decision in effect","content":"### sec.201 Withdrawal by chief executive—adverse interstate WWC decision in effect\n\nThe chief executive must withdraw an application if the chief executive becomes aware—\nan adverse interstate WWC decision has been made about the applicant; and\nthe decision is in effect.\nA withdrawal notice given under section 195 because this section applies must state that—\nfor a notice given to the applicant—it is an offence for the applicant to start or continue in restricted employment; or\nfor a notice given to a notifiable person or potential employer for the applicant—it is an offence for an employer or potential employer to employ, or continue to employ, the applicant in restricted employment.\ns 201 prev s 201 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nom 2019 No. 18 s 27\npres s 201 ins 2022 No. 7 s 103\namd 2024 No. 50 s 54\n(sec.201-ssec.1) The chief executive must withdraw an application if the chief executive becomes aware— an adverse interstate WWC decision has been made about the applicant; and the decision is in effect.\n(sec.201-ssec.2) A withdrawal notice given under section 195 because this section applies must state that— for a notice given to the applicant—it is an offence for the applicant to start or continue in restricted employment; or for a notice given to a notifiable person or potential employer for the applicant—it is an offence for an employer or potential employer to employ, or continue to employ, the applicant in restricted employment.\n- (a) an adverse interstate WWC decision has been made about the applicant; and\n- (b) the decision is in effect.\n- (a) for a notice given to the applicant—it is an offence for the applicant to start or continue in restricted employment; or\n- (b) for a notice given to a notifiable person or potential employer for the applicant—it is an offence for an employer or potential employer to employ, or continue to employ, the applicant in restricted employment.","sortOrder":316},{"sectionNumber":"ch.8-pt.4","sectionType":"part","heading":"Working with children authorities","content":"# Working with children authorities","sortOrder":317},{"sectionNumber":"ch.8-pt.4-div.3","sectionType":"division","heading":null,"content":"","sortOrder":318},{"sectionNumber":"ch.8-pt.4-div.4","sectionType":"division","heading":null,"content":"","sortOrder":319},{"sectionNumber":"ch.8-pt.4-div.5","sectionType":"division","heading":null,"content":"","sortOrder":320},{"sectionNumber":"ch.8-pt.4-div.6","sectionType":"division","heading":null,"content":"","sortOrder":321},{"sectionNumber":"ch.8-pt.4-div.7","sectionType":"division","heading":null,"content":"","sortOrder":322},{"sectionNumber":"sec.202","sectionType":"section","heading":null,"content":"### Section sec.202\n\ns 202 ins 2010 No. 5 s 58\namd 2016 No. 63 s 1157 sch 6\nom 2019 No. 18 s 27","sortOrder":323},{"sectionNumber":"sec.203","sectionType":"section","heading":null,"content":"### Section sec.203\n\ns 203 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nom 2019 No. 18 s 27","sortOrder":324},{"sectionNumber":"sec.204","sectionType":"section","heading":null,"content":"### Section sec.204\n\ns 204 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nom 2019 No. 18 s 27","sortOrder":325},{"sectionNumber":"sec.205","sectionType":"section","heading":null,"content":"### Section sec.205\n\ns 205 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nom 2019 No. 18 s 27","sortOrder":326},{"sectionNumber":"sec.206","sectionType":"section","heading":null,"content":"### Section sec.206\n\ns 206 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nom 2019 No. 18 s 27","sortOrder":327},{"sectionNumber":"sec.207","sectionType":"section","heading":null,"content":"### Section sec.207\n\ns 207 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nom 2019 No. 18 s 27","sortOrder":328},{"sectionNumber":"sec.208","sectionType":"section","heading":null,"content":"### Section sec.208\n\ns 208 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55 ; 2019 No. 18 s 26A\nom 2019 No. 18 s 27","sortOrder":329},{"sectionNumber":"sec.209","sectionType":"section","heading":null,"content":"### Section sec.209\n\ns 209 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nom 2019 No. 18 s 27","sortOrder":330},{"sectionNumber":"sec.210","sectionType":"section","heading":null,"content":"### Section sec.210\n\ns 210 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nom 2019 No. 18 s 27","sortOrder":331},{"sectionNumber":"ch.8-pt.4-div.8","sectionType":"division","heading":null,"content":"","sortOrder":332},{"sectionNumber":"sec.211","sectionType":"section","heading":null,"content":"### Section sec.211\n\ns 211 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nom 2019 No. 18 s 27","sortOrder":333},{"sectionNumber":"sec.212","sectionType":"section","heading":null,"content":"### Section sec.212\n\ns 212 ins 2010 No. 5 s 58\namd 2010 No. 33 s 102\nom 2019 No. 18 s 27","sortOrder":334},{"sectionNumber":"sec.213","sectionType":"section","heading":null,"content":"### Section sec.213\n\ns 213 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nom 2019 No. 18 s 27","sortOrder":335},{"sectionNumber":"sec.214","sectionType":"section","heading":null,"content":"### Section sec.214\n\ns 214 ins 2010 No. 5 s 58\nom 2019 No. 18 s 27","sortOrder":336},{"sectionNumber":"sec.215","sectionType":"section","heading":null,"content":"### Section sec.215\n\ns 215 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nom 2019 No. 18 s 27","sortOrder":337},{"sectionNumber":"sec.216","sectionType":"section","heading":null,"content":"### Section sec.216\n\ns 216 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nom 2019 No. 18 s 27","sortOrder":338},{"sectionNumber":"sec.217","sectionType":"section","heading":null,"content":"### Section sec.217\n\ns 217 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55 ; 2019 No. 18 s 26B\nom 2019 No. 18 s 27","sortOrder":339},{"sectionNumber":"sec.218","sectionType":"section","heading":null,"content":"### Section sec.218\n\ns 218 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nom 2019 No. 18 s 27","sortOrder":340},{"sectionNumber":"ch.8-pt.4-div.9","sectionType":"division","heading":"Dealing with and deciding applications","content":"## Dealing with and deciding applications","sortOrder":341},{"sectionNumber":"sec.219","sectionType":"section","heading":"Application of division","content":"### sec.219 Application of division\n\nThis division applies in relation to a working with children check application made by a person if the application has not been withdrawn.\nSee section 294 , which provides that the chief executive must decide certain matters under this division.\ns 219 ins 2010 No. 5 s 58\nsub 2019 No. 18 s 31 ; 2024 No. 50 s 56","sortOrder":342},{"sectionNumber":"sec.220","sectionType":"section","heading":"Assessable information in relation to applications","content":"### sec.220 Assessable information in relation to applications\n\nThe chief executive must consider each of the following types of information ( assessable information ), of which the chief executive is aware, about the person who made the application—\npolice information;\ndomestic violence information;\ndisciplinary information;\nadverse interstate WWC information;\nother information about the person that the chief executive reasonably believes is relevant to deciding whether the person poses a risk to the safety of children.\ns 220 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nsub 2019 No. 18 s 31 ; 2024 No. 50 s 56\n- (a) police information;\n- (b) domestic violence information;\n- (c) disciplinary information;\n- (d) adverse interstate WWC information;\n- (e) other information about the person that the chief executive reasonably believes is relevant to deciding whether the person poses a risk to the safety of children.","sortOrder":343},{"sectionNumber":"sec.221","sectionType":"section","heading":"Definition for subdivision","content":"### sec.221 Definition for subdivision\n\nIn this subdivision—\nidentifying information , in relation to a person, means the following—\nthe person’s name and any other name that the chief executive believes the person may use or may have used;\nthe person’s gender;\nthe person’s date and place of birth;\nany other information given by the person about—\nif the person claims to be a police officer—the person’s status as a police officer; or\na number identifying the person as a police officer\nif the person claims to be a registered teacher—the person’s status as a registered teacher, including any number, date or other information.\nthe person’s identification number for the person’s registration under the Education (Queensland College of Teachers) Act 2005\ns 221 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55 ; 2019 No. 18 s 86 (1) sch 1 ; 2020 No. 39 s 41\nsub 2022 No. 7 ss 78\namd 2022 No. 7 s 104\nsub 2024 No. 50 s 56\n- (a) the person’s name and any other name that the chief executive believes the person may use or may have used;\n- (b) the person’s gender;\n- (c) the person’s date and place of birth;\n- (d) any other information given by the person about— (i) if the person claims to be a police officer—the person’s status as a police officer; or Example for subparagraph (i) — a number identifying the person as a police officer (ii) if the person claims to be a registered teacher—the person’s status as a registered teacher, including any number, date or other information. Example for subparagraph (ii) — the person’s identification number for the person’s registration under the Education (Queensland College of Teachers) Act 2005\n- (i) if the person claims to be a police officer—the person’s status as a police officer; or Example for subparagraph (i) — a number identifying the person as a police officer\n- (ii) if the person claims to be a registered teacher—the person’s status as a registered teacher, including any number, date or other information. Example for subparagraph (ii) — the person’s identification number for the person’s registration under the Education (Queensland College of Teachers) Act 2005\n- (i) if the person claims to be a police officer—the person’s status as a police officer; or Example for subparagraph (i) — a number identifying the person as a police officer\n- (ii) if the person claims to be a registered teacher—the person’s status as a registered teacher, including any number, date or other information. Example for subparagraph (ii) — the person’s identification number for the person’s registration under the Education (Queensland College of Teachers) Act 2005","sortOrder":344},{"sectionNumber":"sec.222","sectionType":"section","heading":"Additional requirements for working with children check (exemption) application","content":"### sec.222 Additional requirements for working with children check (exemption) application\n\nThis section applies in relation to a working with children check (exemption) application made by a person.\nBefore deciding the application, the chief executive must ask for information about the person—\nif the person claims to be a police officer—from the police commissioner; or\nif the person claims to be a registered teacher—from the college of teachers.\nFor subsection (2) , the chief executive’s request may include identifying information for the person.\nThe police commissioner or the college of teachers must comply with the request.\nFor the purposes of the application—\na person is a police officer only if the police commissioner has advised the chief executive that the person is a police officer under this section; and\na person is a registered teacher only if the college of teachers has advised the chief executive that the person is a registered teacher under this section.\nThe chief executive may decide the application under subdivision 3 only if the person is a police officer or a registered teacher.\ns 222 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55 ; 2019 No. 18 s 86 (1) sch 1\nsub 2024 No. 50 s 56\n(sec.222-ssec.1) This section applies in relation to a working with children check (exemption) application made by a person.\n(sec.222-ssec.2) Before deciding the application, the chief executive must ask for information about the person— if the person claims to be a police officer—from the police commissioner; or if the person claims to be a registered teacher—from the college of teachers.\n(sec.222-ssec.3) For subsection (2) , the chief executive’s request may include identifying information for the person.\n(sec.222-ssec.4) The police commissioner or the college of teachers must comply with the request.\n(sec.222-ssec.5) For the purposes of the application— a person is a police officer only if the police commissioner has advised the chief executive that the person is a police officer under this section; and a person is a registered teacher only if the college of teachers has advised the chief executive that the person is a registered teacher under this section.\n(sec.222-ssec.6) The chief executive may decide the application under subdivision 3 only if the person is a police officer or a registered teacher.\n- (a) if the person claims to be a police officer—from the police commissioner; or\n- (b) if the person claims to be a registered teacher—from the college of teachers.\n- (a) a person is a police officer only if the police commissioner has advised the chief executive that the person is a police officer under this section; and\n- (b) a person is a registered teacher only if the college of teachers has advised the chief executive that the person is a registered teacher under this section.","sortOrder":345},{"sectionNumber":"sec.223","sectionType":"section","heading":"Obtaining advice from police commissioner","content":"### sec.223 Obtaining advice from police commissioner\n\nThis section applies if—\na working with children check (exemption) application is for a person who is a police officer; and\nthe police commissioner has advised the chief executive under section 222 that the person is a police officer.\nBefore deciding the application, the chief executive must ask the police commissioner to advise the chief executive whether the chief executive may need to undertake further employment screening of the person.\nFor subsection (2) , the chief executive’s request may include identifying information for the person.\nThe police commissioner must comply with the request.\nHowever, the police commissioner may give advice under subsection (2) only if the police commissioner is aware—\nthe person has been charged with an offence; and\nthe charge has not been finally dealt with.\ns 223 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55 ; 2019 No. 18 s 86 (1) sch 1 ; 2020 No. 39 s 42 ; 2022 No. 7 ss 79 , 105\nsub 2024 No. 50 s 56\n(sec.223-ssec.1) This section applies if— a working with children check (exemption) application is for a person who is a police officer; and the police commissioner has advised the chief executive under section 222 that the person is a police officer.\n(sec.223-ssec.2) Before deciding the application, the chief executive must ask the police commissioner to advise the chief executive whether the chief executive may need to undertake further employment screening of the person.\n(sec.223-ssec.3) For subsection (2) , the chief executive’s request may include identifying information for the person.\n(sec.223-ssec.4) The police commissioner must comply with the request.\n(sec.223-ssec.5) However, the police commissioner may give advice under subsection (2) only if the police commissioner is aware— the person has been charged with an offence; and the charge has not been finally dealt with. s 223 ins 2010 No. 5 s 58 amd 2014 No. 28 s 55 ; 2019 No. 18 s 86 (1) sch 1 ; 2020 No. 39 s 42 ; 2022 No. 7 ss 79 , 105 sub 2024 No. 50 s 56\n- (a) a working with children check (exemption) application is for a person who is a police officer; and\n- (b) the police commissioner has advised the chief executive under section 222 that the person is a police officer.\n- (a) the person has been charged with an offence; and\n- (b) the charge has not been finally dealt with.","sortOrder":346},{"sectionNumber":"sec.224","sectionType":"section","heading":"Obtaining advice from college of teachers","content":"### sec.224 Obtaining advice from college of teachers\n\nThis section applies if—\na working with children check (exemption) application is for a person who is a registered teacher; and\nthe college of teachers has advised the chief executive under section 222 that the person is a registered teacher.\nBefore deciding the application, the chief executive must ask the college of teachers to advise the chief executive whether the chief executive may need to undertake further employment screening of the person.\nFor subsection (2) , the chief executive’s request may include identifying information for the person.\nThe college of teachers must comply with the request.\nHowever, the college of teachers may give advice under subsection (2) only if the college is aware of any police information about the person.\nIf the college of teachers gives advice under subsection (2) , the chief executive must not, because the advice was given—\nmake any adverse inference about the person’s police information; or\ninfer that a negative notice should be issued to the person.\nIn this section—\npolice information see the Education (Queensland College of Teachers) Act 2005 , schedule 3 .\ns 224 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nsub 2019 No. 18 s 32 ; 2024 No. 50 s 56\n(sec.224-ssec.1) This section applies if— a working with children check (exemption) application is for a person who is a registered teacher; and the college of teachers has advised the chief executive under section 222 that the person is a registered teacher.\n(sec.224-ssec.2) Before deciding the application, the chief executive must ask the college of teachers to advise the chief executive whether the chief executive may need to undertake further employment screening of the person.\n(sec.224-ssec.3) For subsection (2) , the chief executive’s request may include identifying information for the person.\n(sec.224-ssec.4) The college of teachers must comply with the request.\n(sec.224-ssec.5) However, the college of teachers may give advice under subsection (2) only if the college is aware of any police information about the person.\n(sec.224-ssec.6) If the college of teachers gives advice under subsection (2) , the chief executive must not, because the advice was given— make any adverse inference about the person’s police information; or infer that a negative notice should be issued to the person.\n(sec.224-ssec.7) In this section— police information see the Education (Queensland College of Teachers) Act 2005 , schedule 3 .\n- (a) a working with children check (exemption) application is for a person who is a registered teacher; and\n- (b) the college of teachers has advised the chief executive under section 222 that the person is a registered teacher.\n- (a) make any adverse inference about the person’s police information; or\n- (b) infer that a negative notice should be issued to the person.","sortOrder":347},{"sectionNumber":"sec.225","sectionType":"section","heading":"Further employment screening","content":"### sec.225 Further employment screening\n\nThis section applies if the police commissioner or college of teachers advises the chief executive under section 223 or 224 that the chief executive may need to undertake further employment screening of the person.\nBefore deciding the application, the chief executive must ask for information about the person under section 311 .\ns 225 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55 ; 2019 No. 18 s 33\nsub 2024 No. 50 s 56\n(sec.225-ssec.1) This section applies if the police commissioner or college of teachers advises the chief executive under section 223 or 224 that the chief executive may need to undertake further employment screening of the person.\n(sec.225-ssec.2) Before deciding the application, the chief executive must ask for information about the person under section 311 .","sortOrder":348},{"sectionNumber":"sec.226","sectionType":"section","heading":"Chief executive to decide application and issue authority or notice","content":"### sec.226 Chief executive to decide application and issue authority or notice\n\nThe chief executive must approve or refuse an application in accordance with this subdivision.\nIf the chief executive approves an application, the chief executive must issue to the person—\nif the person made a working with children check (general) application—a working with children clearance; or\nif the person made a working with children check (exemption) application—a working with children exemption.\nIf the chief executive refuses an application, the chief executive must issue a negative notice to the person.\nThe working with children authority or negative notice must be issued in writing.\ns 226 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55 ; 2020 No. 39 s 43\nsub 2024 No. 50 s 56\n(sec.226-ssec.1) The chief executive must approve or refuse an application in accordance with this subdivision.\n(sec.226-ssec.2) If the chief executive approves an application, the chief executive must issue to the person— if the person made a working with children check (general) application—a working with children clearance; or if the person made a working with children check (exemption) application—a working with children exemption.\n(sec.226-ssec.3) If the chief executive refuses an application, the chief executive must issue a negative notice to the person.\n(sec.226-ssec.4) The working with children authority or negative notice must be issued in writing.\n- (a) if the person made a working with children check (general) application—a working with children clearance; or\n- (b) if the person made a working with children check (exemption) application—a working with children exemption.","sortOrder":349},{"sectionNumber":"sec.227","sectionType":"section","heading":"Deciding application—no assessable information","content":"### sec.227 Deciding application—no assessable information\n\nThe chief executive must approve an application if the chief executive is not aware of any assessable information about the person who made the application.\nHowever, for a working with children check (exemption) application, the chief executive may approve the application only if the chief executive is also satisfied further employment screening is not required.\nSee sections 223 and 224 .\ns 227 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nsub 2024 No. 50 s 56\n(sec.227-ssec.1) The chief executive must approve an application if the chief executive is not aware of any assessable information about the person who made the application.\n(sec.227-ssec.2) However, for a working with children check (exemption) application, the chief executive may approve the application only if the chief executive is also satisfied further employment screening is not required. See sections 223 and 224 .","sortOrder":350},{"sectionNumber":"sec.228","sectionType":"section","heading":"Deciding application—disqualified person","content":"### sec.228 Deciding application—disqualified person\n\nIf the chief executive is aware the person who made the application is a disqualified person, the chief executive must refuse the application.\ns 228 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55 ; 2020 No. 39 s 44 ; 2022 No. 7 ss 80 , 106\nsub 2024 No. 50 s 56","sortOrder":351},{"sectionNumber":"sec.229","sectionType":"section","heading":"Deciding application—exceptional case","content":"### sec.229 Deciding application—exceptional case\n\nThis section applies if the person who made the application—\nhas been a disqualified person at any time but is no longer a disqualified person (other than a person who was a disqualified person by reason of a conviction, sentence or order that was set aside on appeal); or\nhas been convicted of a serious offence at any time.\nThe chief executive must refuse the application.\nHowever, the chief executive may approve the application if the chief executive is satisfied it is an exceptional case in which the person would not pose a risk to the safety of children if a working with children authority were issued to the person.\nIn deciding whether a case is an exceptional case, the chief executive must conduct a risk assessment.\ns 229 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55 ; 2019 No. 18 s 86 (1) sch 1 ; 2020 No. 39 s 45 ; 2022 No. 7 ss 81 , 107\nsub 2024 No. 50 s 56\n(sec.229-ssec.1) This section applies if the person who made the application— has been a disqualified person at any time but is no longer a disqualified person (other than a person who was a disqualified person by reason of a conviction, sentence or order that was set aside on appeal); or has been convicted of a serious offence at any time.\n(sec.229-ssec.2) The chief executive must refuse the application.\n(sec.229-ssec.3) However, the chief executive may approve the application if the chief executive is satisfied it is an exceptional case in which the person would not pose a risk to the safety of children if a working with children authority were issued to the person.\n(sec.229-ssec.4) In deciding whether a case is an exceptional case, the chief executive must conduct a risk assessment.\n- (a) has been a disqualified person at any time but is no longer a disqualified person (other than a person who was a disqualified person by reason of a conviction, sentence or order that was set aside on appeal); or\n- (b) has been convicted of a serious offence at any time.","sortOrder":352},{"sectionNumber":"sec.230","sectionType":"section","heading":"Deciding application—general assessment of risk posed","content":"### sec.230 Deciding application—general assessment of risk posed\n\nThis section applies if sections 227 , 228 and 229 do not apply in relation to an application made by a person.\nThe chief executive must approve the application unless the chief executive is satisfied the person poses a risk to the safety of children.\nIn deciding whether the person poses a risk to the safety of children, the chief executive must conduct a risk assessment.\ns 230 prev s 230 ins 2008 No. 18 s 45\nexp 2 June 2009 (see prev s 230(4))\npres s 230 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nsub 2019 No. 18 s 34 ; 2024 No. 50 s 56\n(sec.230-ssec.1) This section applies if sections 227 , 228 and 229 do not apply in relation to an application made by a person.\n(sec.230-ssec.2) The chief executive must approve the application unless the chief executive is satisfied the person poses a risk to the safety of children.\n(sec.230-ssec.3) In deciding whether the person poses a risk to the safety of children, the chief executive must conduct a risk assessment.","sortOrder":353},{"sectionNumber":"sec.231","sectionType":"section","heading":"Application of subdivision","content":"### sec.231 Application of subdivision\n\nThis subdivision applies if the chief executive is conducting a risk assessment under section 229 or 230 in relation to a person who made an application.\ns 231 ins 2010 No. 5 s 58\nsub 2019 No. 18 s 34 ; 2020 No. 39 s 46 ; 2024 No. 50 s 56","sortOrder":354},{"sectionNumber":"sec.231A","sectionType":"section","heading":null,"content":"### Section sec.231A\n\ns 231A ins 2020 No. 39 s 46\nom 2024 No. 50 s 56","sortOrder":355},{"sectionNumber":"sec.232","sectionType":"section","heading":"How chief executive conducts risk assessment","content":"### sec.232 How chief executive conducts risk assessment\n\nThe chief executive conducts a risk assessment of the person by—\nconsidering the information about the person obtained by the chief executive for the purpose of this division; and\nif the chief executive refers a matter to an advisory committee—considering the advice or recommendations of the advisory committee; and\nif the chief executive appoints an expert advisor in relation to the risk assessment—considering the advice of the expert advisor; and\ndeciding whether the person poses a risk to the safety of children, including by applying the reasonable person test under section 233 .\nFor the chief executive to decide that a person poses a risk to the safety of children, the chief executive—\nmust be satisfied there is a real possibility that the person will pose a risk to the safety of children; and\ndoes not need to be satisfied that it is likely the person will pose a risk to the safety of children.\ns 232 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nsub 2019 No. 18 s 36 ; 2024 No. 50 s 56\n(sec.232-ssec.1) The chief executive conducts a risk assessment of the person by— considering the information about the person obtained by the chief executive for the purpose of this division; and if the chief executive refers a matter to an advisory committee—considering the advice or recommendations of the advisory committee; and if the chief executive appoints an expert advisor in relation to the risk assessment—considering the advice of the expert advisor; and deciding whether the person poses a risk to the safety of children, including by applying the reasonable person test under section 233 .\n(sec.232-ssec.2) For the chief executive to decide that a person poses a risk to the safety of children, the chief executive— must be satisfied there is a real possibility that the person will pose a risk to the safety of children; and does not need to be satisfied that it is likely the person will pose a risk to the safety of children.\n- (a) considering the information about the person obtained by the chief executive for the purpose of this division; and\n- (b) if the chief executive refers a matter to an advisory committee—considering the advice or recommendations of the advisory committee; and\n- (c) if the chief executive appoints an expert advisor in relation to the risk assessment—considering the advice of the expert advisor; and\n- (d) deciding whether the person poses a risk to the safety of children, including by applying the reasonable person test under section 233 .\n- (a) must be satisfied there is a real possibility that the person will pose a risk to the safety of children; and\n- (b) does not need to be satisfied that it is likely the person will pose a risk to the safety of children.","sortOrder":356},{"sectionNumber":"sec.232A","sectionType":"section","heading":null,"content":"### Section sec.232A\n\ns 232A ins 2019 No. 18 s 36\nom 2024 No. 50 s 56","sortOrder":357},{"sectionNumber":"sec.233","sectionType":"section","heading":"Reasonable person test","content":"### sec.233 Reasonable person test\n\nThe chief executive may decide a person does not pose a risk to the safety of children only if the chief executive is satisfied that a reasonable person would allow their child to have direct contact with the person—\nwhether supervised or unsupervised by another person; and\nwhile the person is engaged in regulated employment or carries on a regulated business.\nIn this section—\ndirect contact means contact between a person and a child that involves 1 or more of the following—\nphysical contact;\nface to face contact;\ncontact by post or other written communication;\ncontact by telephone or other oral communication;\ncontact by email or other electronic communication.\ns 233 ins 2010 No. 5 s 58\namd 2014 No. 28 ss 55 , 56 ; 2019 No. 18 s 86 (1) sch 1\nsub 2024 No. 50 s 56\n(sec.233-ssec.1) The chief executive may decide a person does not pose a risk to the safety of children only if the chief executive is satisfied that a reasonable person would allow their child to have direct contact with the person— whether supervised or unsupervised by another person; and while the person is engaged in regulated employment or carries on a regulated business.\n(sec.233-ssec.2) In this section— direct contact means contact between a person and a child that involves 1 or more of the following— physical contact; face to face contact; contact by post or other written communication; contact by telephone or other oral communication; contact by email or other electronic communication.\n- (a) whether supervised or unsupervised by another person; and\n- (b) while the person is engaged in regulated employment or carries on a regulated business.\n- (a) physical contact;\n- (b) face to face contact;\n- (c) contact by post or other written communication;\n- (d) contact by telephone or other oral communication;\n- (e) contact by email or other electronic communication.","sortOrder":358},{"sectionNumber":"sec.234","sectionType":"section","heading":"Matters to consider in relation to particular conduct","content":"### sec.234 Matters to consider in relation to particular conduct\n\nThis section applies if the chief executive is aware of conduct by the person, including alleged conduct, in relation to which there is assessable information of which the chief executive is aware.\nThe chief executive must consider the following matters in deciding whether the person poses a risk to the safety of children—\nthe nature, gravity and circumstances of the conduct;\nhow the person’s conduct is relevant to engaging in regulated employment or the carrying on of a regulated business;\nhow long ago the person’s conduct occurred;\nif the person’s conduct involved the commission of an offence or another act against another person (the victim )—\nthe victim’s vulnerability at the time of the conduct; and\nthe age difference between the person and the victim at the time of the conduct; and\nthe person’s relationship to, or position of authority over, the victim at the time of the conduct;\nwhether the person’s conduct indicates a pattern of concerning behaviour;\nthe person’s conduct since the conduct mentioned in subsection (1) ;\nif the person is an Aboriginal person or Torres Strait Islander person—the effect of—\nsystemic disadvantage and intergenerational trauma; and\nthe historical context and limitations on access to justice;\nany information given by the person in, or in relation to, the application;\nany other circumstances relevant to the person’s conduct;\na report given to the chief executive about the person’s mental health\nany other matters the chief executive considers relevant.\ns 234 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55 ; 2019 No. 18 s 37\nsub 2024 No. 50 s 56\n(sec.234-ssec.1) This section applies if the chief executive is aware of conduct by the person, including alleged conduct, in relation to which there is assessable information of which the chief executive is aware.\n(sec.234-ssec.2) The chief executive must consider the following matters in deciding whether the person poses a risk to the safety of children— the nature, gravity and circumstances of the conduct; how the person’s conduct is relevant to engaging in regulated employment or the carrying on of a regulated business; how long ago the person’s conduct occurred; if the person’s conduct involved the commission of an offence or another act against another person (the victim )— the victim’s vulnerability at the time of the conduct; and the age difference between the person and the victim at the time of the conduct; and the person’s relationship to, or position of authority over, the victim at the time of the conduct; whether the person’s conduct indicates a pattern of concerning behaviour; the person’s conduct since the conduct mentioned in subsection (1) ; if the person is an Aboriginal person or Torres Strait Islander person—the effect of— systemic disadvantage and intergenerational trauma; and the historical context and limitations on access to justice; any information given by the person in, or in relation to, the application; any other circumstances relevant to the person’s conduct; a report given to the chief executive about the person’s mental health any other matters the chief executive considers relevant.\n- (a) the nature, gravity and circumstances of the conduct;\n- (b) how the person’s conduct is relevant to engaging in regulated employment or the carrying on of a regulated business;\n- (c) how long ago the person’s conduct occurred;\n- (d) if the person’s conduct involved the commission of an offence or another act against another person (the victim )— (i) the victim’s vulnerability at the time of the conduct; and (ii) the age difference between the person and the victim at the time of the conduct; and (iii) the person’s relationship to, or position of authority over, the victim at the time of the conduct;\n- (i) the victim’s vulnerability at the time of the conduct; and\n- (ii) the age difference between the person and the victim at the time of the conduct; and\n- (iii) the person’s relationship to, or position of authority over, the victim at the time of the conduct;\n- (e) whether the person’s conduct indicates a pattern of concerning behaviour;\n- (f) the person’s conduct since the conduct mentioned in subsection (1) ;\n- (g) if the person is an Aboriginal person or Torres Strait Islander person—the effect of— (i) systemic disadvantage and intergenerational trauma; and (ii) the historical context and limitations on access to justice;\n- (i) systemic disadvantage and intergenerational trauma; and\n- (ii) the historical context and limitations on access to justice;\n- (h) any information given by the person in, or in relation to, the application;\n- (i) any other circumstances relevant to the person’s conduct; Example for paragraph (i) — a report given to the chief executive about the person’s mental health\n- (j) any other matters the chief executive considers relevant.\n- (i) the victim’s vulnerability at the time of the conduct; and\n- (ii) the age difference between the person and the victim at the time of the conduct; and\n- (iii) the person’s relationship to, or position of authority over, the victim at the time of the conduct;\n- (i) systemic disadvantage and intergenerational trauma; and\n- (ii) the historical context and limitations on access to justice;","sortOrder":359},{"sectionNumber":"sec.235","sectionType":"section","heading":"Requirements before deciding person poses risk to safety of children","content":"### sec.235 Requirements before deciding person poses risk to safety of children\n\nThis section applies if the chief executive is proposing to decide that a person poses a risk to the safety of children.\nBefore deciding the person’s application, the chief executive must—\ngive the person written notice of the matters set out in section 236 ; and\nconsider any submissions made by the person about the matters set out in section 236 (1) (c) .\ns 235 ins 2010 No. 5 s 58\namd 2014 No. 28 ss 55 , 58 ; 2019 No. 18 s 86 (1) sch 1 ; 2022 No. 34 s 365 sch 3\nsub 2024 No. 50 s 56\n(sec.235-ssec.1) This section applies if the chief executive is proposing to decide that a person poses a risk to the safety of children.\n(sec.235-ssec.2) Before deciding the person’s application, the chief executive must— give the person written notice of the matters set out in section 236 ; and consider any submissions made by the person about the matters set out in section 236 (1) (c) .\n- (a) give the person written notice of the matters set out in section 236 ; and\n- (b) consider any submissions made by the person about the matters set out in section 236 (1) (c) .","sortOrder":360},{"sectionNumber":"sec.236","sectionType":"section","heading":"Requirements for notice","content":"### sec.236 Requirements for notice\n\nA notice under section 235 must—\ninclude the assessable information about the person of which the chief executive is aware; and\nstate that the chief executive proposes to refuse the application and issue a negative notice to the person unless the chief executive is satisfied that—\nthe person does not pose a risk to the safety of children; and\nif section 229 applies in relation to the person—there is an exceptional case for the person; and\ninvite the person to make submissions to the chief executive about the following—\nwhy the person does not pose a risk to the safety of children;\nwhy the chief executive should issue a working with children authority to the person;\nif section 229 applies in relation to the person—why there is an exceptional case for the person; and\nstate the period within which the person may make the submissions, which must be a period of at least 7 days after the chief executive gives the person the notice.\nIn this section—\nexceptional case means exceptional case mentioned in section 229 (3) .\ns 236 prev s 236 ins 2010 No. 5 s 58\namd 2014 No. 28 ss 55 , 56\nom 2019 No. 18 s 38\npres s 236 ins 2024 No. 50 s 56\n(sec.236-ssec.1) A notice under section 235 must— include the assessable information about the person of which the chief executive is aware; and state that the chief executive proposes to refuse the application and issue a negative notice to the person unless the chief executive is satisfied that— the person does not pose a risk to the safety of children; and if section 229 applies in relation to the person—there is an exceptional case for the person; and invite the person to make submissions to the chief executive about the following— why the person does not pose a risk to the safety of children; why the chief executive should issue a working with children authority to the person; if section 229 applies in relation to the person—why there is an exceptional case for the person; and state the period within which the person may make the submissions, which must be a period of at least 7 days after the chief executive gives the person the notice.\n(sec.236-ssec.2) In this section— exceptional case means exceptional case mentioned in section 229 (3) .\n- (a) include the assessable information about the person of which the chief executive is aware; and\n- (b) state that the chief executive proposes to refuse the application and issue a negative notice to the person unless the chief executive is satisfied that— (i) the person does not pose a risk to the safety of children; and (ii) if section 229 applies in relation to the person—there is an exceptional case for the person; and\n- (i) the person does not pose a risk to the safety of children; and\n- (ii) if section 229 applies in relation to the person—there is an exceptional case for the person; and\n- (c) invite the person to make submissions to the chief executive about the following— (i) why the person does not pose a risk to the safety of children; (ii) why the chief executive should issue a working with children authority to the person; (iii) if section 229 applies in relation to the person—why there is an exceptional case for the person; and\n- (i) why the person does not pose a risk to the safety of children;\n- (ii) why the chief executive should issue a working with children authority to the person;\n- (iii) if section 229 applies in relation to the person—why there is an exceptional case for the person; and\n- (d) state the period within which the person may make the submissions, which must be a period of at least 7 days after the chief executive gives the person the notice.\n- (i) the person does not pose a risk to the safety of children; and\n- (ii) if section 229 applies in relation to the person—there is an exceptional case for the person; and\n- (i) why the person does not pose a risk to the safety of children;\n- (ii) why the chief executive should issue a working with children authority to the person;\n- (iii) if section 229 applies in relation to the person—why there is an exceptional case for the person; and","sortOrder":361},{"sectionNumber":"sec.237","sectionType":"section","heading":"Submissions to chief executive","content":"### sec.237 Submissions to chief executive\n\nA person invited to make submissions to the chief executive under section 236 (1) (c) may do so—\nin writing; or\nif the chief executive considers it reasonable in the circumstances to receive oral submissions—orally.\ns 237 prev s 237 ins 2010 No. 5 s 58\namd 2014 No. 28 ss 55 , 56\nom 2019 No. 18 s 38\npres s 237 ins 2024 No. 50 s 56\n- (a) in writing; or\n- (b) if the chief executive considers it reasonable in the circumstances to receive oral submissions—orally.","sortOrder":362},{"sectionNumber":"sec.238","sectionType":"section","heading":"Term of working with children authority","content":"### sec.238 Term of working with children authority\n\nUnless cancelled earlier under part 5A , the term of a working with children authority issued to a person is—\nif the chief executive decides the term of the authority under subsection (2) —the term decided by the chief executive; or\notherwise—3 years.\nThe chief executive may decide that the term of a person’s working with children authority is the same as the term of—\nif the person made a combined application—a disability clearance issued to the person by the chief executive (disability worker screening) after deciding the application; or\na disability clearance otherwise held by the person.\nThe term decided by the chief executive under subsection (2) may be less than 3 years or more than 3 years.\nUnder the Disability Services Act 2006 , section 101 , the term of an NDIS clearance is 5 years and the term of a State clearance is 3 years.\ns 238 prev s 238 ins 2010 No. 5 s 58\namd 2014 No. 28 ss 55 , 56\nom 2019 No. 18 s 38\npres s 238 ins 2024 No. 50 s 56\n(sec.238-ssec.1) Unless cancelled earlier under part 5A , the term of a working with children authority issued to a person is— if the chief executive decides the term of the authority under subsection (2) —the term decided by the chief executive; or otherwise—3 years.\n(sec.238-ssec.2) The chief executive may decide that the term of a person’s working with children authority is the same as the term of— if the person made a combined application—a disability clearance issued to the person by the chief executive (disability worker screening) after deciding the application; or a disability clearance otherwise held by the person.\n(sec.238-ssec.3) The term decided by the chief executive under subsection (2) may be less than 3 years or more than 3 years. Under the Disability Services Act 2006 , section 101 , the term of an NDIS clearance is 5 years and the term of a State clearance is 3 years.\n- (a) if the chief executive decides the term of the authority under subsection (2) —the term decided by the chief executive; or\n- (b) otherwise—3 years.\n- (a) if the person made a combined application—a disability clearance issued to the person by the chief executive (disability worker screening) after deciding the application; or\n- (b) a disability clearance otherwise held by the person.","sortOrder":363},{"sectionNumber":"sec.239","sectionType":"section","heading":"Term of exemption","content":"### sec.239 Term of exemption\n\nUnless an event mentioned in subsection (4) happens earlier, the term of a working with children exemption issued to a person is—\nif the chief executive decides the term of the exemption under subsection (2) —the term decided by the chief executive; or\notherwise—3 years.\nThe chief executive may decide that the term of a person’s working with children exemption is the same as the term of—\nif the person made a combined application—a disability clearance issued to the person by the chief executive (disability worker screening) after deciding the application; or\na disability clearance otherwise held by the person.\nThe term decided by the chief executive under subsection (2) may be less than 3 years or more than 3 years.\nUnder the Disability Services Act 2006 , section 101 , the term of an NDIS clearance is 5 years and the term of a State clearance is 3 years.\nFor subsection (1) , each of the following is an event for a working with children exemption—\nthe term of the exemption ends under section 350A because the holder of the exemption stops being a police officer or registered teacher;\nthe exemption is cancelled under part 5A .\ns 239 prev s 239 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nom 2019 No. 18 s 38\npres s 239 ins 2024 No. 50 s 56\n(sec.239-ssec.1) Unless an event mentioned in subsection (4) happens earlier, the term of a working with children exemption issued to a person is— if the chief executive decides the term of the exemption under subsection (2) —the term decided by the chief executive; or otherwise—3 years.\n(sec.239-ssec.2) The chief executive may decide that the term of a person’s working with children exemption is the same as the term of— if the person made a combined application—a disability clearance issued to the person by the chief executive (disability worker screening) after deciding the application; or a disability clearance otherwise held by the person.\n(sec.239-ssec.3) The term decided by the chief executive under subsection (2) may be less than 3 years or more than 3 years. Under the Disability Services Act 2006 , section 101 , the term of an NDIS clearance is 5 years and the term of a State clearance is 3 years.\n(sec.239-ssec.4) For subsection (1) , each of the following is an event for a working with children exemption— the term of the exemption ends under section 350A because the holder of the exemption stops being a police officer or registered teacher; the exemption is cancelled under part 5A .\n- (a) if the chief executive decides the term of the exemption under subsection (2) —the term decided by the chief executive; or\n- (b) otherwise—3 years.\n- (a) if the person made a combined application—a disability clearance issued to the person by the chief executive (disability worker screening) after deciding the application; or\n- (b) a disability clearance otherwise held by the person.\n- (a) the term of the exemption ends under section 350A because the holder of the exemption stops being a police officer or registered teacher;\n- (b) the exemption is cancelled under part 5A .","sortOrder":364},{"sectionNumber":"sec.240","sectionType":"section","heading":"Term of negative notice","content":"### sec.240 Term of negative notice\n\nA negative notice remains in effect until it is cancelled under part 5A .\ns 240 prev s 240 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55 ; 2019 No. 18 s 37A\nom 2019 No. 18 s 38\npres s 240 ins 2024 No. 50 s 56","sortOrder":365},{"sectionNumber":"sec.241","sectionType":"section","heading":"Definition for subdivision","content":"### sec.241 Definition for subdivision\n\nIn this subdivision—\ncommittee member means a member of an advisory committee.\ns 241 prev s 241 ins 2010 No. 5 s 58\namd 2014 No. 28 ss 55 , 56 ; 2019 No. 18 s 37B\nom 2019 No. 18 s 38\npres s 241 ins 2024 No. 50 s 56","sortOrder":366},{"sectionNumber":"sec.242","sectionType":"section","heading":"Establishment of advisory committees","content":"### sec.242 Establishment of advisory committees\n\nThe chief executive may establish 1 or more advisory committees.\ns 242 prev s 242 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nom 2019 No. 18 s 38\npres s 242 ins 2024 No. 50 s 56","sortOrder":367},{"sectionNumber":"sec.243","sectionType":"section","heading":"Functions and powers","content":"### sec.243 Functions and powers\n\nAn advisory committee has the following functions—\nreviewing information referred to the advisory committee by the chief executive in relation to the risk assessment of a person;\nproviding advice or recommendations to the chief executive about the risk assessment of a person based on the information referred to the committee under paragraph (a) .\nAn advisory committee has power to do anything necessary or convenient to be done in performing its functions.\ns 243 prev s 243 ins 2010 No. 5 s 58\namd 2014 No. 28 ss 55 , 56\nom 2019 No. 18 s 38\npres s 243 ins 2024 No. 50 s 56\n(sec.243-ssec.1) An advisory committee has the following functions— reviewing information referred to the advisory committee by the chief executive in relation to the risk assessment of a person; providing advice or recommendations to the chief executive about the risk assessment of a person based on the information referred to the committee under paragraph (a) .\n(sec.243-ssec.2) An advisory committee has power to do anything necessary or convenient to be done in performing its functions.\n- (a) reviewing information referred to the advisory committee by the chief executive in relation to the risk assessment of a person;\n- (b) providing advice or recommendations to the chief executive about the risk assessment of a person based on the information referred to the committee under paragraph (a) .","sortOrder":368},{"sectionNumber":"sec.244","sectionType":"section","heading":"Chief executive referral to advisory committee","content":"### sec.244 Chief executive referral to advisory committee\n\nThe chief executive may refer to an advisory committee all or any aspect of a risk assessment that the chief executive considers will assist in making a decision.\ns 244 prev s 244 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nom 2019 No. 18 s 38\npres s 244 ins 2024 No. 50 s 56","sortOrder":369},{"sectionNumber":"sec.245","sectionType":"section","heading":"Giving information to advisory committee","content":"### sec.245 Giving information to advisory committee\n\nThe chief executive may give information to an advisory committee about—\na working with children check application made by a person; or\na negative notice held by a person; or\nif a person holds a working with children authority—a change in assessable information about the person.\nBefore the chief executive gives the information the chief executive must, by written notice—\nask the person the subject of the risk assessment for consent to give the information; and\nstate the reasons for the request to give the information.\nThe chief executive may only give the information to the advisory committee if the person gives the chief executive written consent.\nIn this section—\ngive , information, includes give access to information.\ninformation includes—\nprotected information under section 384 ; and\nconfidential information to which section 385 applies.\ns 245 prev s 245 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nom 2019 No. 18 s 38\npres s 245 ins 2024 No. 50 s 56\n(sec.245-ssec.1) The chief executive may give information to an advisory committee about— a working with children check application made by a person; or a negative notice held by a person; or if a person holds a working with children authority—a change in assessable information about the person.\n(sec.245-ssec.2) Before the chief executive gives the information the chief executive must, by written notice— ask the person the subject of the risk assessment for consent to give the information; and state the reasons for the request to give the information.\n(sec.245-ssec.3) The chief executive may only give the information to the advisory committee if the person gives the chief executive written consent.\n(sec.245-ssec.4) In this section— give , information, includes give access to information. information includes— protected information under section 384 ; and confidential information to which section 385 applies.\n- (a) a working with children check application made by a person; or\n- (b) a negative notice held by a person; or\n- (c) if a person holds a working with children authority—a change in assessable information about the person.\n- (a) ask the person the subject of the risk assessment for consent to give the information; and\n- (b) state the reasons for the request to give the information.\n- (a) protected information under section 384 ; and\n- (b) confidential information to which section 385 applies.","sortOrder":370},{"sectionNumber":"sec.246","sectionType":"section","heading":"Consent to give information not provided","content":"### sec.246 Consent to give information not provided\n\nIf a person does not consent to the chief executive giving information under section 245 (3) , the chief executive must not—\nrefer the risk assessment, or any aspect of the risk assessment, to an advisory committee; or\ngive the information to an advisory committee.\ns 246 prev s 246 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nom 2019 No. 18 s 38\npres s 246 ins 2024 No. 50 s 56\n- (a) refer the risk assessment, or any aspect of the risk assessment, to an advisory committee; or\n- (b) give the information to an advisory committee.","sortOrder":371},{"sectionNumber":"sec.246A","sectionType":"section","heading":"Membership and procedures of advisory committees","content":"### sec.246A Membership and procedures of advisory committees\n\nThe chief executive—\nmay appoint members to an advisory committee; and\nmust give each committee member written notice of the member’s appointment.\nIf the chief executive decides a committee member is no longer eligible or suitable for membership of an advisory committee, the chief executive must revoke the committee member’s appointment by written notice given to the committee member.\nA regulation may provide for the following for an advisory committee—\nthe scope of the committee’s functions;\nthe membership of the committee;\neligibility for membership;\nprocedures for nomination of committee members;\nthe term of membership;\nvacation of office of committee members;\nother matters that facilitate the effective operation of the committee.\ns 246A ins 2024 No. 50 s 56\n(sec.246A-ssec.1) The chief executive— may appoint members to an advisory committee; and must give each committee member written notice of the member’s appointment.\n(sec.246A-ssec.2) If the chief executive decides a committee member is no longer eligible or suitable for membership of an advisory committee, the chief executive must revoke the committee member’s appointment by written notice given to the committee member.\n(sec.246A-ssec.3) A regulation may provide for the following for an advisory committee— the scope of the committee’s functions; the membership of the committee; eligibility for membership; procedures for nomination of committee members; the term of membership; vacation of office of committee members; other matters that facilitate the effective operation of the committee.\n- (a) may appoint members to an advisory committee; and\n- (b) must give each committee member written notice of the member’s appointment.\n- (a) the scope of the committee’s functions;\n- (b) the membership of the committee;\n- (c) eligibility for membership;\n- (d) procedures for nomination of committee members;\n- (e) the term of membership;\n- (f) vacation of office of committee members;\n- (g) other matters that facilitate the effective operation of the committee.","sortOrder":372},{"sectionNumber":"sec.246B","sectionType":"section","heading":"Investigations about suitability of advisory committee members","content":"### sec.246B Investigations about suitability of advisory committee members\n\nThe chief executive may make inquiries to decide whether a person is suitable for appointment as, or to continue as, a committee member.\nWithout limiting subsection (1) , the chief executive may ask the police commissioner for the following information—\na written report about the person’s criminal history;\na brief description of the circumstances of any conviction mentioned in the criminal history.\nThe police commissioner must comply with a request under subsection (2) .\nHowever, the chief executive may make a request about a person under subsection (2) only if the person has given the chief executive written consent for the request.\nIf the person does not give the written consent to the chief executive, the person is taken not to be suitable for appointment as, or to continue as, a committee member.\nThe chief executive must ensure information provided by the police commissioner under subsection (3) is destroyed as soon as practicable after the information is no longer needed for the purpose for which it was requested.\nThe chief executive must give the person a copy of information given to the chief executive under subsection (3) .\nIn this section—\ncriminal history , of a person, means the person’s criminal history as defined under the Criminal Law (Rehabilitation of Offenders) Act 1986 , other than spent convictions.\ns 246B ins 2024 No. 50 s 56\n(sec.246B-ssec.1) The chief executive may make inquiries to decide whether a person is suitable for appointment as, or to continue as, a committee member.\n(sec.246B-ssec.2) Without limiting subsection (1) , the chief executive may ask the police commissioner for the following information— a written report about the person’s criminal history; a brief description of the circumstances of any conviction mentioned in the criminal history.\n(sec.246B-ssec.3) The police commissioner must comply with a request under subsection (2) .\n(sec.246B-ssec.4) However, the chief executive may make a request about a person under subsection (2) only if the person has given the chief executive written consent for the request.\n(sec.246B-ssec.5) If the person does not give the written consent to the chief executive, the person is taken not to be suitable for appointment as, or to continue as, a committee member.\n(sec.246B-ssec.6) The chief executive must ensure information provided by the police commissioner under subsection (3) is destroyed as soon as practicable after the information is no longer needed for the purpose for which it was requested.\n(sec.246B-ssec.7) The chief executive must give the person a copy of information given to the chief executive under subsection (3) .\n(sec.246B-ssec.8) In this section— criminal history , of a person, means the person’s criminal history as defined under the Criminal Law (Rehabilitation of Offenders) Act 1986 , other than spent convictions.\n- (a) a written report about the person’s criminal history;\n- (b) a brief description of the circumstances of any conviction mentioned in the criminal history.","sortOrder":373},{"sectionNumber":"sec.246C","sectionType":"section","heading":"Conflicts of interest","content":"### sec.246C Conflicts of interest\n\nThis section applies if a committee member has a direct or indirect interest in an issue being considered, or about to be considered, by the advisory committee that could conflict with the proper performance of the committee member’s duties about the consideration of an issue.\nAs soon as practicable after the committee member becomes aware of the facts of the issue, the committee member must disclose the nature of the interest to the advisory committee.\nUnless the advisory committee otherwise directs, the committee member must not be present when the advisory committee—\nconsiders the issue; or\nconsiders the advice or recommendations that the advisory committee will give to the chief executive.\ns 246C ins 2024 No. 50 s 56\n(sec.246C-ssec.1) This section applies if a committee member has a direct or indirect interest in an issue being considered, or about to be considered, by the advisory committee that could conflict with the proper performance of the committee member’s duties about the consideration of an issue.\n(sec.246C-ssec.2) As soon as practicable after the committee member becomes aware of the facts of the issue, the committee member must disclose the nature of the interest to the advisory committee.\n(sec.246C-ssec.3) Unless the advisory committee otherwise directs, the committee member must not be present when the advisory committee— considers the issue; or considers the advice or recommendations that the advisory committee will give to the chief executive.\n- (a) considers the issue; or\n- (b) considers the advice or recommendations that the advisory committee will give to the chief executive.","sortOrder":374},{"sectionNumber":"sec.246D","sectionType":"section","heading":"Expert advisors","content":"### sec.246D Expert advisors\n\nThe chief executive may appoint a person having specialist knowledge or skills to help the chief executive in conducting a risk assessment.\ns 246D ins 2024 No. 50 s 56","sortOrder":375},{"sectionNumber":"sec.246E","sectionType":"section","heading":"Risk assessment guidelines","content":"### sec.246E Risk assessment guidelines\n\nThe chief executive must make guidelines about how a risk assessment is conducted.\nThe guidelines are a statutory instrument within the meaning of the Statutory Instruments Act 1992 , but are not subordinate legislation.\ns 246E ins 2024 No. 50 s 56\n(sec.246E-ssec.1) The chief executive must make guidelines about how a risk assessment is conducted.\n(sec.246E-ssec.2) The guidelines are a statutory instrument within the meaning of the Statutory Instruments Act 1992 , but are not subordinate legislation.","sortOrder":376},{"sectionNumber":"ch.8-pt.4-div.10","sectionType":"division","heading":"Steps after application decided","content":"## Steps after application decided","sortOrder":377},{"sectionNumber":"sec.246F","sectionType":"section","heading":"Application of division","content":"### sec.246F Application of division\n\nThis division applies if the chief executive decides a working with children check application.\ns 246F ins 2024 No. 50 s 56","sortOrder":378},{"sectionNumber":"sec.246G","sectionType":"section","heading":"Issue of card","content":"### sec.246G Issue of card\n\nThe chief executive must issue—\nif the chief executive decides to issue a person a working with children clearance—a working with children card for the clearance to the person; or\nif the chief executive decides to issue a person a working with children exemption—a working with children card for the exemption to the person.\ns 246G ins 2024 No. 50 s 56\n- (a) if the chief executive decides to issue a person a working with children clearance—a working with children card for the clearance to the person; or\n- (b) if the chief executive decides to issue a person a working with children exemption—a working with children card for the exemption to the person.","sortOrder":379},{"sectionNumber":"sec.246H","sectionType":"section","heading":"Issuing negative notice","content":"### sec.246H Issuing negative notice\n\nIf the chief executive issues a negative notice to a person, the negative notice must be accompanied by a written notice stating the following—\nthe chief executive has decided to issue the person a negative notice;\nthe reasons for the chief executive’s decision;\nthe relevant review and appeal information;\nthat it is an offence for a person who holds a negative notice to—\nstart regulated employment or restricted employment; or\ncontinue in regulated employment or restricted employment; or\ncarry on a regulated business.\ns 246H ins 2024 No. 50 s 56\n- (a) the chief executive has decided to issue the person a negative notice;\n- (b) the reasons for the chief executive’s decision;\n- (c) the relevant review and appeal information;\n- (d) that it is an offence for a person who holds a negative notice to— (i) start regulated employment or restricted employment; or (ii) continue in regulated employment or restricted employment; or (iii) carry on a regulated business.\n- (i) start regulated employment or restricted employment; or\n- (ii) continue in regulated employment or restricted employment; or\n- (iii) carry on a regulated business.\n- (i) start regulated employment or restricted employment; or\n- (ii) continue in regulated employment or restricted employment; or\n- (iii) carry on a regulated business.","sortOrder":380},{"sectionNumber":"sec.246I","sectionType":"section","heading":"Persons to be notified of decision","content":"### sec.246I Persons to be notified of decision\n\nThe chief executive must give each notifiable person for the person a written notice stating the person was issued—\na working with children clearance; or\na working with children exemption; or\na negative notice.\nIf the person is issued a negative notice on the basis the person is or was a disqualified person and a notice about the person is given to the chief executive (child safety) under subsection (1) , the notice must also state the provision of this part under which the negative notice was issued.\nSee sections 228 and 229 for circumstances in which a negative notice is issued to a person on the basis the person is or was a disqualified person.\nThe chief executive may also give a potential employer for the person a notice mentioned in subsection (1) .\ns 246I ins 2024 No. 50 s 56\n(sec.246I-ssec.1) The chief executive must give each notifiable person for the person a written notice stating the person was issued— a working with children clearance; or a working with children exemption; or a negative notice.\n(sec.246I-ssec.2) If the person is issued a negative notice on the basis the person is or was a disqualified person and a notice about the person is given to the chief executive (child safety) under subsection (1) , the notice must also state the provision of this part under which the negative notice was issued. See sections 228 and 229 for circumstances in which a negative notice is issued to a person on the basis the person is or was a disqualified person.\n(sec.246I-ssec.3) The chief executive may also give a potential employer for the person a notice mentioned in subsection (1) .\n- (a) a working with children clearance; or\n- (b) a working with children exemption; or\n- (c) a negative notice.","sortOrder":381},{"sectionNumber":"sec.246J","sectionType":"section","heading":"Public sector entity to be given particular advice","content":"### sec.246J Public sector entity to be given particular advice\n\nThis section applies if—\nthe chief executive issues—\na working with children clearance to a person; or\na working with children exemption to a person; and\nthe chief executive of another public sector entity (the other chief executive ) proposes to start employing, or continue employing, the person in regulated employment; and\nthe other chief executive asks the chief executive for advice under this section.\nThe chief executive may advise the other chief executive that the other chief executive may need to undertake a further assessment of the person under the Public Sector Act 2022 , chapter 3 , part 5 , division 4 to decide whether the other chief executive should employ, or continue employing, the person in regulated employment.\nThe Public Sector Act 2022 , chapter 3 , part 5 , division 4 does not apply in relation to the engagement of particular persons by a public sector entity. See section 64 of that Act.\nHowever, the chief executive may give the advice mentioned in subsection (2) only if the chief executive is aware that the person has a criminal history.\nIf the chief executive gives advice under subsection (2) , the advice must be accompanied by a written notice stating that no adverse inference about the person’s criminal history or suitability for employment, or continued employment, by the other public sector entity should be made because the advice was given.\ns 246J ins 2024 No. 50 s 56\n(sec.246J-ssec.1) This section applies if— the chief executive issues— a working with children clearance to a person; or a working with children exemption to a person; and the chief executive of another public sector entity (the other chief executive ) proposes to start employing, or continue employing, the person in regulated employment; and the other chief executive asks the chief executive for advice under this section.\n(sec.246J-ssec.2) The chief executive may advise the other chief executive that the other chief executive may need to undertake a further assessment of the person under the Public Sector Act 2022 , chapter 3 , part 5 , division 4 to decide whether the other chief executive should employ, or continue employing, the person in regulated employment. The Public Sector Act 2022 , chapter 3 , part 5 , division 4 does not apply in relation to the engagement of particular persons by a public sector entity. See section 64 of that Act.\n(sec.246J-ssec.3) However, the chief executive may give the advice mentioned in subsection (2) only if the chief executive is aware that the person has a criminal history.\n(sec.246J-ssec.4) If the chief executive gives advice under subsection (2) , the advice must be accompanied by a written notice stating that no adverse inference about the person’s criminal history or suitability for employment, or continued employment, by the other public sector entity should be made because the advice was given.\n- (a) the chief executive issues— (i) a working with children clearance to a person; or (ii) a working with children exemption to a person; and\n- (i) a working with children clearance to a person; or\n- (ii) a working with children exemption to a person; and\n- (b) the chief executive of another public sector entity (the other chief executive ) proposes to start employing, or continue employing, the person in regulated employment; and\n- (c) the other chief executive asks the chief executive for advice under this section.\n- (i) a working with children clearance to a person; or\n- (ii) a working with children exemption to a person; and","sortOrder":382},{"sectionNumber":"ch.8-pt.4-div.11","sectionType":"division","heading":null,"content":"","sortOrder":383},{"sectionNumber":"ch.8-pt.4-div.12","sectionType":"division","heading":null,"content":"","sortOrder":384},{"sectionNumber":"ch.8-pt.4-div.13","sectionType":"division","heading":"Persons who are police officers or registered teachers","content":"## Persons who are police officers or registered teachers","sortOrder":385},{"sectionNumber":"sec.247","sectionType":"section","heading":"Clearances held by police officers and registered teachers","content":"### sec.247 Clearances held by police officers and registered teachers\n\nThis section applies if—\na person holds a working with children clearance; and\nthe person is or becomes a police officer or registered teacher.\nThe person’s working with children clearance continues in effect subject to section 238 .\nThis chapter continues to apply in relation to the person’s working with children clearance while it is in force.\nIf the chief executive is aware the person is a police officer or registered teacher and, under part 5A or part 7 , division 1 , the chief executive is required or permitted to issue a working with children clearance to the person, the chief executive must instead issue a working with children exemption to the person.\ns 247 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55 ; 2019 No. 18 s 86 (1) sch 1 ; 2024 No. 50 s 140 sch 1\n(sec.247-ssec.1) This section applies if— a person holds a working with children clearance; and the person is or becomes a police officer or registered teacher.\n(sec.247-ssec.2) The person’s working with children clearance continues in effect subject to section 238 .\n(sec.247-ssec.3) This chapter continues to apply in relation to the person’s working with children clearance while it is in force.\n(sec.247-ssec.4) If the chief executive is aware the person is a police officer or registered teacher and, under part 5A or part 7 , division 1 , the chief executive is required or permitted to issue a working with children clearance to the person, the chief executive must instead issue a working with children exemption to the person.\n- (a) a person holds a working with children clearance; and\n- (b) the person is or becomes a police officer or registered teacher.","sortOrder":386},{"sectionNumber":"ch.8-pt.5","sectionType":"part","heading":null,"content":"","sortOrder":387},{"sectionNumber":"ch.8-pt.5-div.1","sectionType":"division","heading":null,"content":"","sortOrder":388},{"sectionNumber":"sec.248","sectionType":"section","heading":null,"content":"### Section sec.248\n\ns 248 ins 2010 No. 5 s 58\nom 2019 No. 18 s 40","sortOrder":389},{"sectionNumber":"sec.249","sectionType":"section","heading":null,"content":"### Section sec.249\n\ns 249 ins 2010 No. 5 s 58\namd 2010 No. 33 s 103 ; 2014 No. 28 s 55\nom 2019 No. 18 s 40","sortOrder":390},{"sectionNumber":"ch.8-pt.5-div.2","sectionType":"division","heading":null,"content":"","sortOrder":391},{"sectionNumber":"sec.250","sectionType":"section","heading":null,"content":"### Section sec.250\n\ns 250 ins 2010 No. 5 s 58\nom 2019 No. 18 s 40","sortOrder":392},{"sectionNumber":"sec.251","sectionType":"section","heading":null,"content":"### Section sec.251\n\ns 251 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nom 2019 No. 18 s 40","sortOrder":393},{"sectionNumber":"ch.8-pt.5-div.3","sectionType":"division","heading":null,"content":"","sortOrder":394},{"sectionNumber":"sec.252","sectionType":"section","heading":null,"content":"### Section sec.252\n\ns 252 ins 2010 No. 5 s 58\nom 2019 No. 18 s 40","sortOrder":395},{"sectionNumber":"sec.253","sectionType":"section","heading":null,"content":"### Section sec.253\n\ns 253 ins 2010 No. 5 s 58\nom 2019 No. 18 s 40","sortOrder":396},{"sectionNumber":"sec.254","sectionType":"section","heading":null,"content":"### Section sec.254\n\ns 254 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nom 2019 No. 18 s 40","sortOrder":397},{"sectionNumber":"sec.255","sectionType":"section","heading":null,"content":"### Section sec.255\n\ns 255 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nom 2019 No. 18 s 40","sortOrder":398},{"sectionNumber":"sec.256","sectionType":"section","heading":null,"content":"### Section sec.256\n\ns 256 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nom 2019 No. 18 s 40","sortOrder":399},{"sectionNumber":"ch.8-pt.5-div.4","sectionType":"division","heading":null,"content":"","sortOrder":400},{"sectionNumber":"sec.257","sectionType":"section","heading":null,"content":"### Section sec.257\n\ns 257 ins 2010 No. 5 s 58\nom 2019 No. 18 s 40","sortOrder":401},{"sectionNumber":"sec.258","sectionType":"section","heading":null,"content":"### Section sec.258\n\ns 258 ins 2010 No. 5 s 58\nom 2019 No. 18 s 40","sortOrder":402},{"sectionNumber":"ch.8-pt.5-div.5","sectionType":"division","heading":null,"content":"","sortOrder":403},{"sectionNumber":"sec.259","sectionType":"section","heading":null,"content":"### Section sec.259\n\ns 259 ins 2010 No. 5 s 58\nom 2019 No. 18 s 40","sortOrder":404},{"sectionNumber":"ch.8-pt.5-div.6","sectionType":"division","heading":null,"content":"","sortOrder":405},{"sectionNumber":"sec.260","sectionType":"section","heading":null,"content":"### Section sec.260\n\ns 260 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nom 2019 No. 18 s 40","sortOrder":406},{"sectionNumber":"sec.261","sectionType":"section","heading":null,"content":"### Section sec.261\n\ns 261 ins 2010 No. 5 s 58\namd 2010 No. 33 s 104\nom 2019 No. 18 s 40","sortOrder":407},{"sectionNumber":"sec.262","sectionType":"section","heading":null,"content":"### Section sec.262\n\ns 262 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nom 2019 No. 18 s 40","sortOrder":408},{"sectionNumber":"sec.263","sectionType":"section","heading":null,"content":"### Section sec.263\n\ns 263 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nom 2019 No. 18 s 40","sortOrder":409},{"sectionNumber":"sec.264","sectionType":"section","heading":null,"content":"### Section sec.264\n\ns 264 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nom 2019 No. 18 s 40","sortOrder":410},{"sectionNumber":"sec.265","sectionType":"section","heading":null,"content":"### Section sec.265\n\ns 265 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nom 2019 No. 18 s 40","sortOrder":411},{"sectionNumber":"sec.266","sectionType":"section","heading":null,"content":"### Section sec.266\n\ns 266 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nom 2019 No. 18 s 40","sortOrder":412},{"sectionNumber":"sec.267","sectionType":"section","heading":null,"content":"### Section sec.267\n\ns 267 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nom 2019 No. 18 s 40","sortOrder":413},{"sectionNumber":"sec.268","sectionType":"section","heading":null,"content":"### Section sec.268\n\ns 268 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nom 2019 No. 18 s 40","sortOrder":414},{"sectionNumber":"sec.269","sectionType":"section","heading":null,"content":"### Section sec.269\n\ns 269 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55 ; 2019 No. 18 s 39A\nom 2019 No. 18 s 40","sortOrder":415},{"sectionNumber":"sec.270","sectionType":"section","heading":null,"content":"### Section sec.270\n\ns 270 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nom 2019 No. 18 s 40","sortOrder":416},{"sectionNumber":"sec.271","sectionType":"section","heading":null,"content":"### Section sec.271\n\ns 271 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nom 2019 No. 18 s 40","sortOrder":417},{"sectionNumber":"ch.8-pt.5-div.7","sectionType":"division","heading":null,"content":"","sortOrder":418},{"sectionNumber":"sec.272","sectionType":"section","heading":null,"content":"### Section sec.272\n\ns 272 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nom 2019 No. 18 s 40","sortOrder":419},{"sectionNumber":"sec.273","sectionType":"section","heading":null,"content":"### Section sec.273\n\ns 273 ins 2010 No. 5 s 58\namd 2010 No. 33 s 105\nom 2019 No. 18 s 40","sortOrder":420},{"sectionNumber":"sec.274","sectionType":"section","heading":null,"content":"### Section sec.274\n\ns 274 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nom 2019 No. 18 s 40","sortOrder":421},{"sectionNumber":"sec.275","sectionType":"section","heading":null,"content":"### Section sec.275\n\ns 275 ins 2010 No. 5 s 58\nom 2019 No. 18 s 40","sortOrder":422},{"sectionNumber":"sec.276","sectionType":"section","heading":null,"content":"### Section sec.276\n\ns 276 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nom 2019 No. 18 s 40","sortOrder":423},{"sectionNumber":"sec.277","sectionType":"section","heading":null,"content":"### Section sec.277\n\ns 277 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nom 2019 No. 18 s 40","sortOrder":424},{"sectionNumber":"sec.278","sectionType":"section","heading":null,"content":"### Section sec.278\n\ns 278 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nom 2019 No. 18 s 40","sortOrder":425},{"sectionNumber":"sec.279","sectionType":"section","heading":null,"content":"### Section sec.279\n\ns 279 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55 ; 2019 No. 18 s 39B\nom 2019 No. 18 s 40","sortOrder":426},{"sectionNumber":"sec.280","sectionType":"section","heading":null,"content":"### Section sec.280\n\ns 280 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nom 2019 No. 18 s 40","sortOrder":427},{"sectionNumber":"ch.8-pt.5-div.8","sectionType":"division","heading":null,"content":"","sortOrder":428},{"sectionNumber":"sec.281","sectionType":"section","heading":null,"content":"### Section sec.281\n\ns 281 ins 2010 No. 5 s 58\nsub 2019 No. 18 s 42\nom 2024 No. 50 s 57","sortOrder":429},{"sectionNumber":"sec.282","sectionType":"section","heading":null,"content":"### Section sec.282\n\ns 282 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nsub 2019 No. 18 s 42\nom 2024 No. 50 s 57","sortOrder":430},{"sectionNumber":"sec.283","sectionType":"section","heading":null,"content":"### Section sec.283\n\ns 283 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55 ; 2019 No. 18 s 86 (1) sch 1 ; 2020 No. 39 s 47 ; 2022 No. 7 ss 82 , 108\nom 2024 No. 50 s 57","sortOrder":431},{"sectionNumber":"sec.284","sectionType":"section","heading":null,"content":"### Section sec.284\n\ns 284 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55 ; 2019 No. 18 s 86 (1) sch 1 ; 2020 No. 39 s 48 ; 2022 No. 7 ss 83 , 109\nom 2024 No. 50 s 57","sortOrder":432},{"sectionNumber":"sec.285","sectionType":"section","heading":null,"content":"### Section sec.285\n\ns 285 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nsub 2019 No. 18 s 43\nom 2024 No. 50 s 57","sortOrder":433},{"sectionNumber":"sec.286","sectionType":"section","heading":null,"content":"### Section sec.286\n\ns 286 ins 2010 No. 5 s 58\namd 2014 No. 28 ss 55 , 56 ; 2019 No. 18 s 86 (1) sch 1\nom 2024 No. 50 s 57","sortOrder":434},{"sectionNumber":"sec.287","sectionType":"section","heading":null,"content":"### Section sec.287\n\ns 287 ins 2010 No. 5 s 58\namd 2014 No. 28 ss 55 , 56 ; 2019 No. 18 s 86 (1) sch 1\nom 2024 No. 50 s 57","sortOrder":435},{"sectionNumber":"sec.288","sectionType":"section","heading":null,"content":"### Section sec.288\n\ns 288 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nsub 2019 No. 18 s 44\nom 2024 No. 50 s 57","sortOrder":436},{"sectionNumber":"sec.289","sectionType":"section","heading":null,"content":"### Section sec.289\n\ns 289 ins 2010 No. 5 s 58\nsub 2019 No. 18 s 44 ; 2020 No. 39 s 49\namd 2022 No. 7 s 84\nom 2024 No. 50 s 57","sortOrder":437},{"sectionNumber":"sec.289A","sectionType":"section","heading":null,"content":"### Section sec.289A\n\ns 289A ins 2020 No. 39 s 49\nom 2024 No. 50 s 57","sortOrder":438},{"sectionNumber":"ch.8-pt.5-div.9","sectionType":"division","heading":null,"content":"","sortOrder":439},{"sectionNumber":"sec.290","sectionType":"section","heading":null,"content":"### Section sec.290\n\ns 290 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nsub 2019 No. 18 s 46\nom 2024 No. 50 s 57","sortOrder":440},{"sectionNumber":"sec.290A","sectionType":"section","heading":null,"content":"### Section sec.290A\n\ns 290A ins 2019 No. 18 s 46\namd 2020 No. 39 s 70 sch 1\nom 2024 No. 50 s 57","sortOrder":441},{"sectionNumber":"sec.291","sectionType":"section","heading":null,"content":"### Section sec.291\n\ns 291 ins 2010 No. 5 s 58\namd 2014 No. 28 ss 55 , 56 ; 2019 No. 18 s 86 (1) sch 1\nom 2024 No. 50 s 57","sortOrder":442},{"sectionNumber":"sec.292","sectionType":"section","heading":null,"content":"### Section sec.292\n\ns 292 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55 ; 2019 No. 18 s 86 (1) sch 1\nom 2024 No. 50 s 57","sortOrder":443},{"sectionNumber":"sec.293","sectionType":"section","heading":null,"content":"### Section sec.293\n\ns 293 ins 2010 No. 5 s 58\namd 2014 No. 28 ss 55 , 59 ; 2019 No. 18 s 86 (1) sch 1 ; 2022 No. 34 s 365 sch 3\nom 2024 No. 50 s 57","sortOrder":444},{"sectionNumber":"ch.8-pt.5-div.10","sectionType":"division","heading":null,"content":"","sortOrder":445},{"sectionNumber":"ch.8-pt.5-div.11","sectionType":"division","heading":null,"content":"","sortOrder":446},{"sectionNumber":"ch.8-pt.5A","sectionType":"part","heading":"Suspension or cancellation of working with children authority","content":"# Suspension or cancellation of working with children authority","sortOrder":447},{"sectionNumber":"ch.8-pt.5A-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":448},{"sectionNumber":"sec.294","sectionType":"section","heading":"Chief executive’s decisions under this part","content":"### sec.294 Chief executive’s decisions under this part\n\nThis section applies if a provision of this part requires the chief executive to decide—\nwhether to cancel a person’s working with children authority or negative notice; or\nwhether it is appropriate to issue a working with children authority or negative notice to a person; or\nwhether to cancel a person’s suspended working with children authority or end the suspension of a person’s working with children authority.\nThe chief executive must decide the matter as if it were a decision about a working with children check application and, for that purpose, part 4 , division 9 applies.\nPart 4 , division 9 applies to the matter as if—\na reference in the division to approving an application for a working with children authority were a reference to deciding—\nit is appropriate to issue a working with children authority to a person; or\nit is not appropriate to issue a negative notice to a person; or\nnot to cancel a person’s working with children authority; or\nto cancel a person’s negative notice; or\nto end the suspension of a person’s working with children authority; and\na reference in the division to refusing an application for a working with children authority were a reference to deciding—\nit is appropriate to issue a negative notice to a person; or\nit is not appropriate to issue a working with children authority to a person; or\nnot to cancel a person’s negative notice; or\nto cancel a person’s working with children authority.\ns 294 prev s 294 ins 2010 No. 5 s 58\namd 2014 No. 28 ss 55 , 56\nom 2019 No. 18 s 47\npres s 294 ins 2019 No. 18 s 48\namd 2024 No. 50 s 58\n(sec.294-ssec.1) This section applies if a provision of this part requires the chief executive to decide— whether to cancel a person’s working with children authority or negative notice; or whether it is appropriate to issue a working with children authority or negative notice to a person; or whether to cancel a person’s suspended working with children authority or end the suspension of a person’s working with children authority.\n(sec.294-ssec.2) The chief executive must decide the matter as if it were a decision about a working with children check application and, for that purpose, part 4 , division 9 applies.\n(sec.294-ssec.3) Part 4 , division 9 applies to the matter as if— a reference in the division to approving an application for a working with children authority were a reference to deciding— it is appropriate to issue a working with children authority to a person; or it is not appropriate to issue a negative notice to a person; or not to cancel a person’s working with children authority; or to cancel a person’s negative notice; or to end the suspension of a person’s working with children authority; and a reference in the division to refusing an application for a working with children authority were a reference to deciding— it is appropriate to issue a negative notice to a person; or it is not appropriate to issue a working with children authority to a person; or not to cancel a person’s negative notice; or to cancel a person’s working with children authority.\n- (a) whether to cancel a person’s working with children authority or negative notice; or\n- (b) whether it is appropriate to issue a working with children authority or negative notice to a person; or\n- (c) whether to cancel a person’s suspended working with children authority or end the suspension of a person’s working with children authority.\n- (a) a reference in the division to approving an application for a working with children authority were a reference to deciding— (i) it is appropriate to issue a working with children authority to a person; or (ii) it is not appropriate to issue a negative notice to a person; or (iii) not to cancel a person’s working with children authority; or (iv) to cancel a person’s negative notice; or (v) to end the suspension of a person’s working with children authority; and\n- (i) it is appropriate to issue a working with children authority to a person; or\n- (ii) it is not appropriate to issue a negative notice to a person; or\n- (iii) not to cancel a person’s working with children authority; or\n- (iv) to cancel a person’s negative notice; or\n- (v) to end the suspension of a person’s working with children authority; and\n- (b) a reference in the division to refusing an application for a working with children authority were a reference to deciding— (i) it is appropriate to issue a negative notice to a person; or (ii) it is not appropriate to issue a working with children authority to a person; or (iii) not to cancel a person’s negative notice; or (iv) to cancel a person’s working with children authority.\n- (i) it is appropriate to issue a negative notice to a person; or\n- (ii) it is not appropriate to issue a working with children authority to a person; or\n- (iii) not to cancel a person’s negative notice; or\n- (iv) to cancel a person’s working with children authority.\n- (i) it is appropriate to issue a working with children authority to a person; or\n- (ii) it is not appropriate to issue a negative notice to a person; or\n- (iii) not to cancel a person’s working with children authority; or\n- (iv) to cancel a person’s negative notice; or\n- (v) to end the suspension of a person’s working with children authority; and\n- (i) it is appropriate to issue a negative notice to a person; or\n- (ii) it is not appropriate to issue a working with children authority to a person; or\n- (iii) not to cancel a person’s negative notice; or\n- (iv) to cancel a person’s working with children authority.","sortOrder":449},{"sectionNumber":"ch.8-pt.5A-div.2","sectionType":"division","heading":"Suspension of working with children authority","content":"## Suspension of working with children authority","sortOrder":450},{"sectionNumber":"sec.295","sectionType":"section","heading":"Application of division","content":"### sec.295 Application of division\n\nThis division applies if—\na person who holds a working with children authority is charged with a prescribed offence; or\na registered teacher holds a working with children clearance and the teacher’s teacher registration is suspended under the Education (Queensland College of Teachers) Act 2005 , section 49 ; or\na person who holds a working with children authority also holds an interstate working with children authority and the person’s interstate working with children authority is suspended under a corresponding WWC law; or\na person holds a working with children authority and an interstate interim bar is imposed on the person.\nThis division also applies if—\nthe chief executive becomes aware of assessable information about a person who holds a working with children authority that—\nwas not known to the chief executive when the chief executive decided to issue the authority; and\nthe chief executive reasonably believes is relevant to deciding whether the person would pose a risk to the safety of children if the person continues to hold the authority, taking into account the reasonable person test in section 233 and the matters in section 234 ; and\nthe chief executive considers that if the person were permitted to engage in, or continue to engage in, regulated employment or carry on a regulated business pending the determination of the person’s continuing eligibility to hold an authority, the person would pose a risk to the safety of children.\nFor subsection (1) , a prescribed offence is—\nan offence against a provision of an Act mentioned in schedule 2 or 4 , column 1, subject to any qualification mentioned in column 3 opposite the provision; or\nan offence of counselling or procuring the commission of an offence of a kind mentioned in paragraph (a) ; or\nan offence of attempting, or of conspiring, to commit an offence of a kind mentioned in paragraph (a) ; or\nan offence that has, as an element, an intention to commit an offence of a kind mentioned in paragraph (a) ; or\nan offence that, at the time it was committed, or is alleged to have been committed, was an offence of a kind mentioned in paragraph (a) ; or\nanother offence that is a reportable offence under the Offender Reporting Act that is not otherwise a prescribed offence; or\nan offence under a law of another jurisdiction that, if it had been committed in Queensland, would have constituted an offence mentioned in paragraph (a) to (f) .\nFor subsection (3) , it is immaterial if a provision mentioned in schedule 2 or 4 , column 1 for an Act has been amended from time to time or that the provision was previously numbered with a different number.\ns 295 prev s 295 ins 2010 No. 5 s 58\namd 2014 No. 28 ss 55 , 56\nom 2019 No. 18 s 47\npres s 295 ins 2019 No. 18 s 48\namd 2020 No. 39 s 70 sch 1 ; 2022 No. 7 s 85\nsub 2022 No. 7 s 110\namd 2024 No. 50 s 59 ; 2025 No. 20 s 16\n(sec.295-ssec.1) This division applies if— a person who holds a working with children authority is charged with a prescribed offence; or a registered teacher holds a working with children clearance and the teacher’s teacher registration is suspended under the Education (Queensland College of Teachers) Act 2005 , section 49 ; or a person who holds a working with children authority also holds an interstate working with children authority and the person’s interstate working with children authority is suspended under a corresponding WWC law; or a person holds a working with children authority and an interstate interim bar is imposed on the person.\n(sec.295-ssec.2) This division also applies if— the chief executive becomes aware of assessable information about a person who holds a working with children authority that— was not known to the chief executive when the chief executive decided to issue the authority; and the chief executive reasonably believes is relevant to deciding whether the person would pose a risk to the safety of children if the person continues to hold the authority, taking into account the reasonable person test in section 233 and the matters in section 234 ; and the chief executive considers that if the person were permitted to engage in, or continue to engage in, regulated employment or carry on a regulated business pending the determination of the person’s continuing eligibility to hold an authority, the person would pose a risk to the safety of children.\n(sec.295-ssec.3) For subsection (1) , a prescribed offence is— an offence against a provision of an Act mentioned in schedule 2 or 4 , column 1, subject to any qualification mentioned in column 3 opposite the provision; or an offence of counselling or procuring the commission of an offence of a kind mentioned in paragraph (a) ; or an offence of attempting, or of conspiring, to commit an offence of a kind mentioned in paragraph (a) ; or an offence that has, as an element, an intention to commit an offence of a kind mentioned in paragraph (a) ; or an offence that, at the time it was committed, or is alleged to have been committed, was an offence of a kind mentioned in paragraph (a) ; or another offence that is a reportable offence under the Offender Reporting Act that is not otherwise a prescribed offence; or an offence under a law of another jurisdiction that, if it had been committed in Queensland, would have constituted an offence mentioned in paragraph (a) to (f) .\n(sec.295-ssec.4) For subsection (3) , it is immaterial if a provision mentioned in schedule 2 or 4 , column 1 for an Act has been amended from time to time or that the provision was previously numbered with a different number.\n- (a) a person who holds a working with children authority is charged with a prescribed offence; or\n- (b) a registered teacher holds a working with children clearance and the teacher’s teacher registration is suspended under the Education (Queensland College of Teachers) Act 2005 , section 49 ; or\n- (c) a person who holds a working with children authority also holds an interstate working with children authority and the person’s interstate working with children authority is suspended under a corresponding WWC law; or\n- (d) a person holds a working with children authority and an interstate interim bar is imposed on the person.\n- (a) the chief executive becomes aware of assessable information about a person who holds a working with children authority that— (i) was not known to the chief executive when the chief executive decided to issue the authority; and (ii) the chief executive reasonably believes is relevant to deciding whether the person would pose a risk to the safety of children if the person continues to hold the authority, taking into account the reasonable person test in section 233 and the matters in section 234 ; and\n- (i) was not known to the chief executive when the chief executive decided to issue the authority; and\n- (ii) the chief executive reasonably believes is relevant to deciding whether the person would pose a risk to the safety of children if the person continues to hold the authority, taking into account the reasonable person test in section 233 and the matters in section 234 ; and\n- (b) the chief executive considers that if the person were permitted to engage in, or continue to engage in, regulated employment or carry on a regulated business pending the determination of the person’s continuing eligibility to hold an authority, the person would pose a risk to the safety of children.\n- (i) was not known to the chief executive when the chief executive decided to issue the authority; and\n- (ii) the chief executive reasonably believes is relevant to deciding whether the person would pose a risk to the safety of children if the person continues to hold the authority, taking into account the reasonable person test in section 233 and the matters in section 234 ; and\n- (a) an offence against a provision of an Act mentioned in schedule 2 or 4 , column 1, subject to any qualification mentioned in column 3 opposite the provision; or\n- (b) an offence of counselling or procuring the commission of an offence of a kind mentioned in paragraph (a) ; or\n- (c) an offence of attempting, or of conspiring, to commit an offence of a kind mentioned in paragraph (a) ; or\n- (d) an offence that has, as an element, an intention to commit an offence of a kind mentioned in paragraph (a) ; or\n- (e) an offence that, at the time it was committed, or is alleged to have been committed, was an offence of a kind mentioned in paragraph (a) ; or\n- (f) another offence that is a reportable offence under the Offender Reporting Act that is not otherwise a prescribed offence; or\n- (g) an offence under a law of another jurisdiction that, if it had been committed in Queensland, would have constituted an offence mentioned in paragraph (a) to (f) .","sortOrder":451},{"sectionNumber":"sec.296","sectionType":"section","heading":"Chief executive must suspend authority","content":"### sec.296 Chief executive must suspend authority\n\nThe chief executive must suspend the person’s working with children authority by giving the person a written notice (a suspension notice ) about the suspension.\nThe suspension notice must state—\nthe person’s working with children authority is suspended; and\nthe reason for the suspension; and\nhow long the suspension will continue; and\nthe effect of the suspension; and\nthe person must return the person’s working with children card to the chief executive immediately after the notice is given, unless the person has a reasonable excuse; and\nSee section 304O for the requirement for a person whose working with children authority is suspended to return the person’s working with children card to the chief executive.\nthe relevant review and appeal information.\ns 296 prev s 296 ins 2010 No. 5 s 58\namd 2014 No. 28 ss 55 , 56\nom 2019 No. 18 s 47\npres s 296 ins 2019 No. 18 s 48\n(sec.296-ssec.1) The chief executive must suspend the person’s working with children authority by giving the person a written notice (a suspension notice ) about the suspension.\n(sec.296-ssec.2) The suspension notice must state— the person’s working with children authority is suspended; and the reason for the suspension; and how long the suspension will continue; and the effect of the suspension; and the person must return the person’s working with children card to the chief executive immediately after the notice is given, unless the person has a reasonable excuse; and See section 304O for the requirement for a person whose working with children authority is suspended to return the person’s working with children card to the chief executive. the relevant review and appeal information.\n- (a) the person’s working with children authority is suspended; and\n- (b) the reason for the suspension; and\n- (c) how long the suspension will continue; and\n- (d) the effect of the suspension; and\n- (e) the person must return the person’s working with children card to the chief executive immediately after the notice is given, unless the person has a reasonable excuse; and Note— See section 304O for the requirement for a person whose working with children authority is suspended to return the person’s working with children card to the chief executive.\n- (f) the relevant review and appeal information.","sortOrder":452},{"sectionNumber":"sec.297","sectionType":"section","heading":"Notifiable persons and potential employers notified about suspension","content":"### sec.297 Notifiable persons and potential employers notified about suspension\n\nThe chief executive must give each notifiable person for the person a written notice that states—\nthe person’s working with children authority is suspended; and\nhow long the suspension will continue; and\nthe effect of the suspension; and\nit is an offence for an employer to allow the person to perform work that is regulated employment or restricted employment while the authority is suspended; and\nthe person’s employer must not terminate the person’s employment solely or mainly because the authority is suspended.\nSee also sections 342 and 343 for the chief executive’s obligation to notify other persons about the suspension of a person’s working with children authority.\nAlso, the chief executive may give a notice mentioned in subsection (1) to a potential employer of the person.\ns 297 prev s 297 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nom 2019 No. 18 s 47\npres s 297 ins 2019 No. 18 s 48\namd 2020 No. 39 s 70 sch 1 ; 2024 No. 50 s 60\n(sec.297-ssec.1) The chief executive must give each notifiable person for the person a written notice that states— the person’s working with children authority is suspended; and how long the suspension will continue; and the effect of the suspension; and it is an offence for an employer to allow the person to perform work that is regulated employment or restricted employment while the authority is suspended; and the person’s employer must not terminate the person’s employment solely or mainly because the authority is suspended. See also sections 342 and 343 for the chief executive’s obligation to notify other persons about the suspension of a person’s working with children authority.\n(sec.297-ssec.2) Also, the chief executive may give a notice mentioned in subsection (1) to a potential employer of the person.\n- (a) the person’s working with children authority is suspended; and\n- (b) how long the suspension will continue; and\n- (c) the effect of the suspension; and\n- (d) it is an offence for an employer to allow the person to perform work that is regulated employment or restricted employment while the authority is suspended; and\n- (e) the person’s employer must not terminate the person’s employment solely or mainly because the authority is suspended.","sortOrder":453},{"sectionNumber":"sec.298","sectionType":"section","heading":"Effect of suspension of working with children authority","content":"### sec.298 Effect of suspension of working with children authority\n\nThis section applies while the person’s working with children authority is suspended.\nSee also chapter 7 , part 4 , division 4 for the effect of the suspension of a person’s working with children authority in relation to restricted employment.\nThe person must not—\nstart employment in regulated employment; or\nif the person is employed in regulated employment—perform work that is regulated employment; or\nstart or continue to carry on a regulated business.\nMaximum penalty—500 penalty units or 5 years imprisonment.\nA person’s employer or potential employer who is given a notice about the suspension must not allow the person to perform work that is regulated employment.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nA person’s employer or potential employer who is given a notice about the suspension must not terminate the person’s employment solely or mainly because the person’s working with children authority is suspended.\nSee also section 356 (4) .\nThe working with children authority remains in force even if it would otherwise expire under section 238 (1) or 239 (1) .\ns 298 prev s 298 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55 ; 2019 No. 18 s 46A\nom 2019 No. 18 s 47\npres s 298 ins 2019 No. 18 s 48\namd 2020 No. 39 s 70 sch 1 ; 2024 No. 50 s 61\n(sec.298-ssec.1) This section applies while the person’s working with children authority is suspended. See also chapter 7 , part 4 , division 4 for the effect of the suspension of a person’s working with children authority in relation to restricted employment.\n(sec.298-ssec.2) The person must not— start employment in regulated employment; or if the person is employed in regulated employment—perform work that is regulated employment; or start or continue to carry on a regulated business. Maximum penalty—500 penalty units or 5 years imprisonment.\n(sec.298-ssec.3) A person’s employer or potential employer who is given a notice about the suspension must not allow the person to perform work that is regulated employment. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.298-ssec.4) A person’s employer or potential employer who is given a notice about the suspension must not terminate the person’s employment solely or mainly because the person’s working with children authority is suspended. See also section 356 (4) .\n(sec.298-ssec.5) The working with children authority remains in force even if it would otherwise expire under section 238 (1) or 239 (1) .\n- (a) start employment in regulated employment; or\n- (b) if the person is employed in regulated employment—perform work that is regulated employment; or\n- (c) start or continue to carry on a regulated business.","sortOrder":454},{"sectionNumber":"sec.299","sectionType":"section","heading":"When suspension of authority ends","content":"### sec.299 When suspension of authority ends\n\nThe suspension of the person’s working with children authority ends if—\nthe chief executive decides to cancel the authority under section 300 ; or\nthe suspension ends under section 302 ; or\nthe authority is otherwise cancelled under this part; or\nfor a working with children exemption—the term of the person’s exemption ends under section 350A because the person stops being a police officer or registered teacher.\nSee section 300 (4) to (6) for when a person’s authority continues to be suspended.\ns 299 prev s 299 ins 2010 No. 5 s 58\namd 2014 No. 28 ss 55 , 56 ; 2019 No. 18 s 46B\nom 2019 No. 18 s 47\npres s 299 ins 2019 No. 18 s 48\namd 2022 No. 7 s 86 ; 2024 No. 50 s 62\n- (a) the chief executive decides to cancel the authority under section 300 ; or\n- (b) the suspension ends under section 302 ; or\n- (c) the authority is otherwise cancelled under this part; or\n- (d) for a working with children exemption—the term of the person’s exemption ends under section 350A because the person stops being a police officer or registered teacher. Note— See section 300 (4) to (6) for when a person’s authority continues to be suspended.","sortOrder":455},{"sectionNumber":"sec.300","sectionType":"section","heading":"Deciding whether to cancel, end or continue suspension of authority","content":"### sec.300 Deciding whether to cancel, end or continue suspension of authority\n\nThe chief executive may decide to—\ncancel a person’s working with children authority; or\nend the suspension of a person’s working with children authority; or\nif subsection (4) applies—take no action and continue the suspension of the authority.\nThe chief executive may make a decision under subsection (1) —\non the chief executive’s own initiative; or\non the application of a person under section 300A .\nThe chief executive must not make a decision under subsection (1) if the chief executive is required to cancel the person’s working with children authority under section 303 or 303A .\nThe chief executive is not required to decide a person’s application under section 300A —\nwhile the person is subject to a charge for an offence that has not been dealt with; or\nif the person has been convicted of an offence and either—\nthe period allowed for an appeal relating to the person’s conviction or sentence has not ended; or\nan appeal relating to the conviction or sentence has started but has not been decided; or\nif the person is a registered teacher—while the person’s teacher registration is suspended under the Education (Queensland College of Teachers) Act 2005 , section 49 ; or\nif the person holds an interstate working with children authority—while the person’s authority is suspended under a corresponding WWC law; or\nif the person is an applicant for an interstate working with children check application—while the person is subject to an interstate interim bar in relation to the application.\nIf the chief executive does not decide the application under subsection (4) , the person’s authority continues to be suspended.\nIf subsection (5) applies, the chief executive must give the person a notice that states the reasons for the continued suspension of the person’s authority.\ns 300 prev s 300 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nom 2019 No. 18 s 47\npres s 300 ins 2019 No. 18 s 48\namd 2020 No. 39 s 70 sch 1 ; 2022 No. 7 s 111\nsub 2024 No. 50 s 63\n(sec.300-ssec.1) The chief executive may decide to— cancel a person’s working with children authority; or end the suspension of a person’s working with children authority; or if subsection (4) applies—take no action and continue the suspension of the authority.\n(sec.300-ssec.2) The chief executive may make a decision under subsection (1) — on the chief executive’s own initiative; or on the application of a person under section 300A .\n(sec.300-ssec.3) The chief executive must not make a decision under subsection (1) if the chief executive is required to cancel the person’s working with children authority under section 303 or 303A .\n(sec.300-ssec.4) The chief executive is not required to decide a person’s application under section 300A — while the person is subject to a charge for an offence that has not been dealt with; or if the person has been convicted of an offence and either— the period allowed for an appeal relating to the person’s conviction or sentence has not ended; or an appeal relating to the conviction or sentence has started but has not been decided; or if the person is a registered teacher—while the person’s teacher registration is suspended under the Education (Queensland College of Teachers) Act 2005 , section 49 ; or if the person holds an interstate working with children authority—while the person’s authority is suspended under a corresponding WWC law; or if the person is an applicant for an interstate working with children check application—while the person is subject to an interstate interim bar in relation to the application.\n(sec.300-ssec.5) If the chief executive does not decide the application under subsection (4) , the person’s authority continues to be suspended.\n(sec.300-ssec.6) If subsection (5) applies, the chief executive must give the person a notice that states the reasons for the continued suspension of the person’s authority.\n- (a) cancel a person’s working with children authority; or\n- (b) end the suspension of a person’s working with children authority; or\n- (c) if subsection (4) applies—take no action and continue the suspension of the authority.\n- (a) on the chief executive’s own initiative; or\n- (b) on the application of a person under section 300A .\n- (a) while the person is subject to a charge for an offence that has not been dealt with; or\n- (b) if the person has been convicted of an offence and either— (i) the period allowed for an appeal relating to the person’s conviction or sentence has not ended; or (ii) an appeal relating to the conviction or sentence has started but has not been decided; or\n- (i) the period allowed for an appeal relating to the person’s conviction or sentence has not ended; or\n- (ii) an appeal relating to the conviction or sentence has started but has not been decided; or\n- (c) if the person is a registered teacher—while the person’s teacher registration is suspended under the Education (Queensland College of Teachers) Act 2005 , section 49 ; or\n- (d) if the person holds an interstate working with children authority—while the person’s authority is suspended under a corresponding WWC law; or\n- (e) if the person is an applicant for an interstate working with children check application—while the person is subject to an interstate interim bar in relation to the application.\n- (i) the period allowed for an appeal relating to the person’s conviction or sentence has not ended; or\n- (ii) an appeal relating to the conviction or sentence has started but has not been decided; or","sortOrder":456},{"sectionNumber":"sec.300A","sectionType":"section","heading":"Application to chief executive to end suspension of authority","content":"### sec.300A Application to chief executive to end suspension of authority\n\nIf a person’s working with children authority has been suspended for at least 6 months, the person may apply to the chief executive to end the suspension of the authority.\nThe application must be made—\nin the approved form; and\nin an approved way.\ns 300A ins 2024 No. 50 s 63\n(sec.300A-ssec.1) If a person’s working with children authority has been suspended for at least 6 months, the person may apply to the chief executive to end the suspension of the authority.\n(sec.300A-ssec.2) The application must be made— in the approved form; and in an approved way.\n- (a) in the approved form; and\n- (b) in an approved way.","sortOrder":457},{"sectionNumber":"sec.301","sectionType":"section","heading":"Chief executive decides to cancel suspended authority","content":"### sec.301 Chief executive decides to cancel suspended authority\n\nIf the chief executive decides to cancel the person’s working with children authority under section 300 , the chief executive must—\ncancel the authority; and\nissue a negative notice to the person; and\ngive the person a written notice that states—\nthe decision and reasons for the decision; and\nif the person has not returned the person’s working with children card to the chief executive—the person must return the person’s card to the chief executive immediately, unless the person has a reasonable excuse; and\nSee section 304P for the requirement for a person whose working with children authority is cancelled to return the person’s working with children card to the chief executive.\nthe relevant review and appeal information; and\nunless the person is a disqualified person, the circumstances in which the person may apply under section 304G for the negative notice to be cancelled; and\ngive each notifiable person for the person a written notice that states—\nthe person’s authority has been cancelled; and\nthe person has been issued a negative notice; and\nit is an offence for an employer to employ or continue to employ the person in regulated employment or restricted employment.\nSee sections 342 and 343 for the chief executive’s obligation to notify other persons about the cancellation of a person’s working with children authority.\nAlso, the chief executive may give a notice mentioned in subsection (1) (d) to a potential employer of the person.\ns 301 prev s 301 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nom 2019 No. 18 s 47\npres s 301 ins 2019 No. 18 s 48\namd 2020 No. 39 s 70 sch 1 ; 2024 No. 50 s 64\n(sec.301-ssec.1) If the chief executive decides to cancel the person’s working with children authority under section 300 , the chief executive must— cancel the authority; and issue a negative notice to the person; and give the person a written notice that states— the decision and reasons for the decision; and if the person has not returned the person’s working with children card to the chief executive—the person must return the person’s card to the chief executive immediately, unless the person has a reasonable excuse; and See section 304P for the requirement for a person whose working with children authority is cancelled to return the person’s working with children card to the chief executive. the relevant review and appeal information; and unless the person is a disqualified person, the circumstances in which the person may apply under section 304G for the negative notice to be cancelled; and give each notifiable person for the person a written notice that states— the person’s authority has been cancelled; and the person has been issued a negative notice; and it is an offence for an employer to employ or continue to employ the person in regulated employment or restricted employment. See sections 342 and 343 for the chief executive’s obligation to notify other persons about the cancellation of a person’s working with children authority.\n(sec.301-ssec.2) Also, the chief executive may give a notice mentioned in subsection (1) (d) to a potential employer of the person.\n- (a) cancel the authority; and\n- (b) issue a negative notice to the person; and\n- (c) give the person a written notice that states— (i) the decision and reasons for the decision; and (ii) if the person has not returned the person’s working with children card to the chief executive—the person must return the person’s card to the chief executive immediately, unless the person has a reasonable excuse; and Note— See section 304P for the requirement for a person whose working with children authority is cancelled to return the person’s working with children card to the chief executive. (iii) the relevant review and appeal information; and (iv) unless the person is a disqualified person, the circumstances in which the person may apply under section 304G for the negative notice to be cancelled; and\n- (i) the decision and reasons for the decision; and\n- (ii) if the person has not returned the person’s working with children card to the chief executive—the person must return the person’s card to the chief executive immediately, unless the person has a reasonable excuse; and Note— See section 304P for the requirement for a person whose working with children authority is cancelled to return the person’s working with children card to the chief executive.\n- (iii) the relevant review and appeal information; and\n- (iv) unless the person is a disqualified person, the circumstances in which the person may apply under section 304G for the negative notice to be cancelled; and\n- (d) give each notifiable person for the person a written notice that states— (i) the person’s authority has been cancelled; and (ii) the person has been issued a negative notice; and (iii) it is an offence for an employer to employ or continue to employ the person in regulated employment or restricted employment.\n- (i) the person’s authority has been cancelled; and\n- (ii) the person has been issued a negative notice; and\n- (iii) it is an offence for an employer to employ or continue to employ the person in regulated employment or restricted employment.\n- (i) the decision and reasons for the decision; and\n- (ii) if the person has not returned the person’s working with children card to the chief executive—the person must return the person’s card to the chief executive immediately, unless the person has a reasonable excuse; and Note— See section 304P for the requirement for a person whose working with children authority is cancelled to return the person’s working with children card to the chief executive.\n- (iii) the relevant review and appeal information; and\n- (iv) unless the person is a disqualified person, the circumstances in which the person may apply under section 304G for the negative notice to be cancelled; and\n- (i) the person’s authority has been cancelled; and\n- (ii) the person has been issued a negative notice; and\n- (iii) it is an offence for an employer to employ or continue to employ the person in regulated employment or restricted employment.","sortOrder":458},{"sectionNumber":"sec.302","sectionType":"section","heading":"Chief executive decides to end suspension of authority","content":"### sec.302 Chief executive decides to end suspension of authority\n\nThis section applies if the chief executive decides to end the suspension of the person’s working with children authority under section 300 .\nThe suspension of the person’s working with children authority ends.\nThe chief executive must—\ngive a written notice that states the suspension of the person’s authority has ended to—\nthe person; and\neach notifiable person for the person; and\neach potential employer for the person who was given a notice about the suspension under section 297 ; and\nif the chief executive has the person’s working with children card and the person’s authority did not expire while the authority was suspended—return the person’s working with children card to the person; and\nif section 246J applied in relation to the person’s working with children application—give the advice mentioned in that section to the other executive.\nSee also sections 342 and 343 for the chief executive’s obligation to notify other persons when the suspension of a person’s working with children authority ends.\ns 302 prev s 302 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nom 2019 No. 18 s 47\npres s 302 ins 2019 No. 18 s 48\namd 2020 No. 39 s 70 sch 1 ; 2024 No. 50 ss 65 , 140 sch 1\n(sec.302-ssec.1) This section applies if the chief executive decides to end the suspension of the person’s working with children authority under section 300 .\n(sec.302-ssec.2) The suspension of the person’s working with children authority ends.\n(sec.302-ssec.3) The chief executive must— give a written notice that states the suspension of the person’s authority has ended to— the person; and each notifiable person for the person; and each potential employer for the person who was given a notice about the suspension under section 297 ; and if the chief executive has the person’s working with children card and the person’s authority did not expire while the authority was suspended—return the person’s working with children card to the person; and if section 246J applied in relation to the person’s working with children application—give the advice mentioned in that section to the other executive. See also sections 342 and 343 for the chief executive’s obligation to notify other persons when the suspension of a person’s working with children authority ends.\n- (a) give a written notice that states the suspension of the person’s authority has ended to— (i) the person; and (ii) each notifiable person for the person; and (iii) each potential employer for the person who was given a notice about the suspension under section 297 ; and\n- (i) the person; and\n- (ii) each notifiable person for the person; and\n- (iii) each potential employer for the person who was given a notice about the suspension under section 297 ; and\n- (b) if the chief executive has the person’s working with children card and the person’s authority did not expire while the authority was suspended—return the person’s working with children card to the person; and\n- (c) if section 246J applied in relation to the person’s working with children application—give the advice mentioned in that section to the other executive.\n- (i) the person; and\n- (ii) each notifiable person for the person; and\n- (iii) each potential employer for the person who was given a notice about the suspension under section 297 ; and","sortOrder":459},{"sectionNumber":"ch.8-pt.5A-div.3","sectionType":"division","heading":"Cancelling working with children authority by chief executive","content":"## Cancelling working with children authority by chief executive","sortOrder":460},{"sectionNumber":"sec.303","sectionType":"section","heading":"Cancelling authority if disqualified person","content":"### sec.303 Cancelling authority if disqualified person\n\nThis section applies—\nif a person who holds a working with children authority becomes a disqualified person; and\nwhether or not the person’s authority is suspended under section 296 .\nAlso, this section applies if—\nthe chief executive becomes aware that a person who holds a working with children authority was convicted of a disqualifying offence prior to the issue of the authority; and\nthe chief executive was not aware of the person’s conviction for the disqualifying offence at the time the authority was issued.\nThe chief executive must cancel the working with children authority.\ns 303 prev s 303 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nom 2019 No. 18 s 47\npres s 303 ins 2019 No. 18 s 48\namd 2024 No. 50 s 66\n(sec.303-ssec.1) This section applies— if a person who holds a working with children authority becomes a disqualified person; and whether or not the person’s authority is suspended under section 296 .\n(sec.303-ssec.2) Also, this section applies if— the chief executive becomes aware that a person who holds a working with children authority was convicted of a disqualifying offence prior to the issue of the authority; and the chief executive was not aware of the person’s conviction for the disqualifying offence at the time the authority was issued.\n(sec.303-ssec.3) The chief executive must cancel the working with children authority.\n- (a) if a person who holds a working with children authority becomes a disqualified person; and\n- (b) whether or not the person’s authority is suspended under section 296 .\n- (a) the chief executive becomes aware that a person who holds a working with children authority was convicted of a disqualifying offence prior to the issue of the authority; and\n- (b) the chief executive was not aware of the person’s conviction for the disqualifying offence at the time the authority was issued.","sortOrder":461},{"sectionNumber":"sec.303A","sectionType":"section","heading":"Cancelling authority if adverse interstate WWC decision","content":"### sec.303A Cancelling authority if adverse interstate WWC decision\n\nThe chief executive must cancel a person’s working with children authority if—\nan interstate working with children check application made by the person is refused under a corresponding WWC law; or\nthe person is issued an interstate negative notice; or\nan interstate working with children authority held by the person is cancelled under a corresponding WWC law.\nThis section applies whether or not the person’s working with children authority is suspended under section 296 .\ns 303A ins 2022 No. 7 s 113\n(sec.303A-ssec.1) The chief executive must cancel a person’s working with children authority if— an interstate working with children check application made by the person is refused under a corresponding WWC law; or the person is issued an interstate negative notice; or an interstate working with children authority held by the person is cancelled under a corresponding WWC law.\n(sec.303A-ssec.2) This section applies whether or not the person’s working with children authority is suspended under section 296 .\n- (a) an interstate working with children check application made by the person is refused under a corresponding WWC law; or\n- (b) the person is issued an interstate negative notice; or\n- (c) an interstate working with children authority held by the person is cancelled under a corresponding WWC law.","sortOrder":462},{"sectionNumber":"sec.304","sectionType":"section","heading":"Cancelling authority issued because of wrong or incomplete information","content":"### sec.304 Cancelling authority issued because of wrong or incomplete information\n\nThe chief executive may cancel a person’s working with children authority if the chief executive is satisfied—\nthe decision to issue the authority was based on wrong or incomplete information; and\nhaving considered the correct or complete information, it is appropriate to issue a negative notice to the person.\nSee section 294 for how the chief executive is required to decide whether it is appropriate to issue a negative notice to the person.\nHowever, if the chief executive gives a notice under section 235 requesting submissions from the person but is not satisfied the person received the notice, the chief executive may cancel the person’s authority without issuing a negative notice to the person.\nThe chief executive sent a notice under section 235 by post to the address of the place of residence of the person last known to the chief executive, but the notice is returned to the chief executive because the person no longer lives at the address.\nThe chief executive gave a notice under section 235 and did not receive a response to the notice. The chief executive then tried to contact the applicant by phone or email and was not successful.\ns 304 prev s 304 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nom 2019 No. 18 s 47\npres s 304 ins 2019 No. 18 s 48\namd 2024 No. 50 s 67\n(sec.304-ssec.1) The chief executive may cancel a person’s working with children authority if the chief executive is satisfied— the decision to issue the authority was based on wrong or incomplete information; and having considered the correct or complete information, it is appropriate to issue a negative notice to the person. See section 294 for how the chief executive is required to decide whether it is appropriate to issue a negative notice to the person.\n(sec.304-ssec.2) However, if the chief executive gives a notice under section 235 requesting submissions from the person but is not satisfied the person received the notice, the chief executive may cancel the person’s authority without issuing a negative notice to the person. The chief executive sent a notice under section 235 by post to the address of the place of residence of the person last known to the chief executive, but the notice is returned to the chief executive because the person no longer lives at the address. The chief executive gave a notice under section 235 and did not receive a response to the notice. The chief executive then tried to contact the applicant by phone or email and was not successful.\n- (a) the decision to issue the authority was based on wrong or incomplete information; and\n- (b) having considered the correct or complete information, it is appropriate to issue a negative notice to the person. Note— See section 294 for how the chief executive is required to decide whether it is appropriate to issue a negative notice to the person.\n- 1 The chief executive sent a notice under section 235 by post to the address of the place of residence of the person last known to the chief executive, but the notice is returned to the chief executive because the person no longer lives at the address.\n- 2 The chief executive gave a notice under section 235 and did not receive a response to the notice. The chief executive then tried to contact the applicant by phone or email and was not successful.","sortOrder":463},{"sectionNumber":"sec.304A","sectionType":"section","heading":"Cancelling authority because of subsequent information","content":"### sec.304A Cancelling authority because of subsequent information\n\nThis section applies if, after the chief executive decides to issue a working with children authority to a person, the chief executive becomes aware of information ( further information ) that is—\ndisciplinary information or adverse interstate WWC information, or information received under part 6 , division 2 , 3 or 4 , about the person that was not known to the chief executive when the decision was made; or\nother information about the person that the chief executive reasonably believes is relevant to deciding whether it would pose a risk to the safety of children if the person were to continue to hold the authority; or\na decision about the person made by a court or tribunal after the authority was issued, including the reasons for the decision.\nHowever, this section does not apply if the chief executive is required to suspend the person’s working with children authority under section 296 because of the further information.\nThe chief executive may cancel the person’s working with children authority if, after considering the further information, the chief executive is satisfied it is appropriate to issue a negative notice to the person.\nSee section 294 for how the chief executive is required to decide whether it is appropriate to issue a negative notice to the person.\nHowever, if the chief executive gives a notice under section 235 requesting submissions from the person but is not satisfied the person received the notice, the chief executive may cancel the person’s authority without issuing a negative notice to the person.\nThe chief executive sent a notice under section 235 by post to the address of the place of residence of the person last known to the chief executive, but the notice is returned to the chief executive because the person no longer lives at the address.\nThe chief executive gave a notice under section 235 and did not receive a response to the notice. The chief executive then tried to contact the applicant by phone or email and was not successful.\ns 304A ins 2019 No. 18 s 48\namd 2020 No. 39 s 50 ; 2022 No. 7 s 114 ; 2024 No. 50 s 68\n(sec.304A-ssec.1) This section applies if, after the chief executive decides to issue a working with children authority to a person, the chief executive becomes aware of information ( further information ) that is— disciplinary information or adverse interstate WWC information, or information received under part 6 , division 2 , 3 or 4 , about the person that was not known to the chief executive when the decision was made; or other information about the person that the chief executive reasonably believes is relevant to deciding whether it would pose a risk to the safety of children if the person were to continue to hold the authority; or a decision about the person made by a court or tribunal after the authority was issued, including the reasons for the decision.\n(sec.304A-ssec.2) However, this section does not apply if the chief executive is required to suspend the person’s working with children authority under section 296 because of the further information.\n(sec.304A-ssec.3) The chief executive may cancel the person’s working with children authority if, after considering the further information, the chief executive is satisfied it is appropriate to issue a negative notice to the person. See section 294 for how the chief executive is required to decide whether it is appropriate to issue a negative notice to the person.\n(sec.304A-ssec.4) However, if the chief executive gives a notice under section 235 requesting submissions from the person but is not satisfied the person received the notice, the chief executive may cancel the person’s authority without issuing a negative notice to the person. The chief executive sent a notice under section 235 by post to the address of the place of residence of the person last known to the chief executive, but the notice is returned to the chief executive because the person no longer lives at the address. The chief executive gave a notice under section 235 and did not receive a response to the notice. The chief executive then tried to contact the applicant by phone or email and was not successful.\n- (a) disciplinary information or adverse interstate WWC information, or information received under part 6 , division 2 , 3 or 4 , about the person that was not known to the chief executive when the decision was made; or\n- (b) other information about the person that the chief executive reasonably believes is relevant to deciding whether it would pose a risk to the safety of children if the person were to continue to hold the authority; or\n- (c) a decision about the person made by a court or tribunal after the authority was issued, including the reasons for the decision.\n- 1 The chief executive sent a notice under section 235 by post to the address of the place of residence of the person last known to the chief executive, but the notice is returned to the chief executive because the person no longer lives at the address.\n- 2 The chief executive gave a notice under section 235 and did not receive a response to the notice. The chief executive then tried to contact the applicant by phone or email and was not successful.","sortOrder":464},{"sectionNumber":"sec.304B","sectionType":"section","heading":"Action after decision","content":"### sec.304B Action after decision\n\nIf the chief executive is required, or decides, to cancel a person’s working with children authority under this division, the chief executive must—\ncancel the person’s authority; and\nif the authority is cancelled under section 303 , 304 (1) or 304A(3) —issue a negative notice to the person.\nIf the person’s working with children authority is cancelled under section 303 , 304 (1) or 304A(3) , the chief executive must give the person a written notice that states—\nthe decision to cancel the authority and issue the negative notice; and\nthe reasons for the decision; and\nthe person must return the person’s working with children card to the chief executive immediately, unless the person has a reasonable excuse; and\nSee section 304P for the requirement for a person whose working with children authority is cancelled to return the person’s working with children card to the chief executive.\nthe relevant review and appeal information; and\nunless the person is a disqualified person, the circumstances in which the person may apply under section 304G for the negative notice to be cancelled.\nIf the person’s working with children authority is cancelled under section 303A , the chief executive must give the person a notice that states—\nthe person’s working with children authority is cancelled because of the adverse interstate WWC decision mentioned in section 303A made about the person; and\nthe person must return the person’s working with children card to the chief executive immediately, unless the person has a reasonable excuse; and\nSee section 304P for the requirement for a person whose working with children authority is cancelled to return the person’s working with children card to the chief executive.\nthere is no review or appeal of the decision to cancel the person’s authority.\nIf the chief executive’s decision under section 304 or 304A is not to cancel the person’s authority, the person’s authority continues in force, subject to section 238 (1) or 239 (1) .\ns 304B ins 2019 No. 18 s 48\namd 2022 No. 7 s 115 ; 2024 No. 50 s 69 ; 2025 No. 20 s 17\n(sec.304B-ssec.1) If the chief executive is required, or decides, to cancel a person’s working with children authority under this division, the chief executive must— cancel the person’s authority; and if the authority is cancelled under section 303 , 304 (1) or 304A(3) —issue a negative notice to the person.\n(sec.304B-ssec.2) If the person’s working with children authority is cancelled under section 303 , 304 (1) or 304A(3) , the chief executive must give the person a written notice that states— the decision to cancel the authority and issue the negative notice; and the reasons for the decision; and the person must return the person’s working with children card to the chief executive immediately, unless the person has a reasonable excuse; and See section 304P for the requirement for a person whose working with children authority is cancelled to return the person’s working with children card to the chief executive. the relevant review and appeal information; and unless the person is a disqualified person, the circumstances in which the person may apply under section 304G for the negative notice to be cancelled.\n(sec.304B-ssec.3) If the person’s working with children authority is cancelled under section 303A , the chief executive must give the person a notice that states— the person’s working with children authority is cancelled because of the adverse interstate WWC decision mentioned in section 303A made about the person; and the person must return the person’s working with children card to the chief executive immediately, unless the person has a reasonable excuse; and See section 304P for the requirement for a person whose working with children authority is cancelled to return the person’s working with children card to the chief executive. there is no review or appeal of the decision to cancel the person’s authority.\n(sec.304B-ssec.4) If the chief executive’s decision under section 304 or 304A is not to cancel the person’s authority, the person’s authority continues in force, subject to section 238 (1) or 239 (1) .\n- (a) cancel the person’s authority; and\n- (b) if the authority is cancelled under section 303 , 304 (1) or 304A(3) —issue a negative notice to the person.\n- (a) the decision to cancel the authority and issue the negative notice; and\n- (b) the reasons for the decision; and\n- (c) the person must return the person’s working with children card to the chief executive immediately, unless the person has a reasonable excuse; and Note— See section 304P for the requirement for a person whose working with children authority is cancelled to return the person’s working with children card to the chief executive.\n- (d) the relevant review and appeal information; and\n- (e) unless the person is a disqualified person, the circumstances in which the person may apply under section 304G for the negative notice to be cancelled.\n- (a) the person’s working with children authority is cancelled because of the adverse interstate WWC decision mentioned in section 303A made about the person; and\n- (b) the person must return the person’s working with children card to the chief executive immediately, unless the person has a reasonable excuse; and Note— See section 304P for the requirement for a person whose working with children authority is cancelled to return the person’s working with children card to the chief executive.\n- (c) there is no review or appeal of the decision to cancel the person’s authority.","sortOrder":465},{"sectionNumber":"sec.304C","sectionType":"section","heading":"Notifiable persons and potential employers notified about cancellation","content":"### sec.304C Notifiable persons and potential employers notified about cancellation\n\nIf the chief executive cancels a person’s working with children authority under this division, the chief executive must give each notifiable person for the person a written notice that states—\nthe person’s authority has been cancelled; and\nif the person’s authority is cancelled under section 303 , 304 (1) or 304A(3) —the person has been issued a negative notice; and\nit is an offence for an employer to employ or continue to employ the person in regulated employment.\nSee sections 342 and 343 for the chief executive’s obligation to notify other persons about the cancellation of a person’s working with children authority.\nIf the person’s working with children authority was cancelled under section 303 , a notice given to the chief executive (child safety) under subsection (1) must state that the person’s authority was cancelled, and a negative notice was issued to the person, under that section.\nIf the person’s working with children authority was cancelled under section 303A , 304 (2) or 304A (4) , a notice given to each notifiable person or potential employer must state—\nthat the person’s authority was cancelled; and\nthe section the authority was cancelled under.\nAlso, the chief executive may give a notice mentioned in subsection (1) to a potential employer of the person.\ns 304C ins 2019 No. 18 s 48\namd 2020 No. 39 s 70 sch 1 ; 2022 No. 7 s 116 ; 2024 No. 50 s 70 ; 2025 No. 20 s 18\n(sec.304C-ssec.1) If the chief executive cancels a person’s working with children authority under this division, the chief executive must give each notifiable person for the person a written notice that states— the person’s authority has been cancelled; and if the person’s authority is cancelled under section 303 , 304 (1) or 304A(3) —the person has been issued a negative notice; and it is an offence for an employer to employ or continue to employ the person in regulated employment. See sections 342 and 343 for the chief executive’s obligation to notify other persons about the cancellation of a person’s working with children authority.\n(sec.304C-ssec.2) If the person’s working with children authority was cancelled under section 303 , a notice given to the chief executive (child safety) under subsection (1) must state that the person’s authority was cancelled, and a negative notice was issued to the person, under that section.\n(sec.304C-ssec.2A) If the person’s working with children authority was cancelled under section 303A , 304 (2) or 304A (4) , a notice given to each notifiable person or potential employer must state— that the person’s authority was cancelled; and the section the authority was cancelled under.\n(sec.304C-ssec.3) Also, the chief executive may give a notice mentioned in subsection (1) to a potential employer of the person.\n- (a) the person’s authority has been cancelled; and\n- (b) if the person’s authority is cancelled under section 303 , 304 (1) or 304A(3) —the person has been issued a negative notice; and\n- (c) it is an offence for an employer to employ or continue to employ the person in regulated employment.\n- (a) that the person’s authority was cancelled; and\n- (b) the section the authority was cancelled under.","sortOrder":466},{"sectionNumber":"ch.8-pt.5A-div.4","sectionType":"division","heading":"Cancelling working with children authority on holder’s request","content":"## Cancelling working with children authority on holder’s request","sortOrder":467},{"sectionNumber":"sec.304D","sectionType":"section","heading":"Request to cancel working with children authority","content":"### sec.304D Request to cancel working with children authority\n\nA person may ask the chief executive to cancel the person’s working with children authority.\nThe person may make the request even if the person’s working with children authority is suspended under section 296 .\nThe request may be made orally or in writing.\ns 304D ins 2019 No. 18 s 48\namd 2024 No. 50 s 71\n(sec.304D-ssec.1) A person may ask the chief executive to cancel the person’s working with children authority.\n(sec.304D-ssec.2) The person may make the request even if the person’s working with children authority is suspended under section 296 .\n(sec.304D-ssec.3) The request may be made orally or in writing.","sortOrder":468},{"sectionNumber":"sec.304E","sectionType":"section","heading":"Cancellation of working with children authority","content":"### sec.304E Cancellation of working with children authority\n\nAfter receiving the request, the chief executive must—\ncancel the person’s working with children authority; and\ngive the person a written notice that states—\nthe authority has been cancelled; and\nthe person must return the person’s working with children card to the chief executive immediately, unless the person has a reasonable excuse; and\nSee section 304P for the requirement for a person whose working with children authority is cancelled to return the person’s working with children card to the chief executive.\nit is an offence for the person to perform work that is regulated employment, other than as allowed under section 176A or 176E ; and\nit is an offence for the person to carry on a regulated business, other than as allowed under section 176B or 176G .\ns 304E ins 2019 No. 18 s 48\n- (a) cancel the person’s working with children authority; and\n- (b) give the person a written notice that states— (i) the authority has been cancelled; and (ii) the person must return the person’s working with children card to the chief executive immediately, unless the person has a reasonable excuse; and Note— See section 304P for the requirement for a person whose working with children authority is cancelled to return the person’s working with children card to the chief executive. (iii) it is an offence for the person to perform work that is regulated employment, other than as allowed under section 176A or 176E ; and (iv) it is an offence for the person to carry on a regulated business, other than as allowed under section 176B or 176G .\n- (i) the authority has been cancelled; and\n- (ii) the person must return the person’s working with children card to the chief executive immediately, unless the person has a reasonable excuse; and Note— See section 304P for the requirement for a person whose working with children authority is cancelled to return the person’s working with children card to the chief executive.\n- (iii) it is an offence for the person to perform work that is regulated employment, other than as allowed under section 176A or 176E ; and\n- (iv) it is an offence for the person to carry on a regulated business, other than as allowed under section 176B or 176G .\n- (i) the authority has been cancelled; and\n- (ii) the person must return the person’s working with children card to the chief executive immediately, unless the person has a reasonable excuse; and Note— See section 304P for the requirement for a person whose working with children authority is cancelled to return the person’s working with children card to the chief executive.\n- (iii) it is an offence for the person to perform work that is regulated employment, other than as allowed under section 176A or 176E ; and\n- (iv) it is an offence for the person to carry on a regulated business, other than as allowed under section 176B or 176G .","sortOrder":469},{"sectionNumber":"sec.304F","sectionType":"section","heading":"Notifiable persons and potential employers notified about cancellation","content":"### sec.304F Notifiable persons and potential employers notified about cancellation\n\nThe chief executive must give a written notice to each notifiable person for the person that states—\nthe person’s working with children authority has been cancelled on the person’s request; and\nit is an offence for an employer to employ, or continue to employ, the person in regulated employment other than as allowed under section 175 or 176C .\nSee sections 342 and 343 for the chief executive’s obligation to notify other persons about the cancellation of a person’s working with children authority.\nAlso, the chief executive may give a potential employer for the person a notice mentioned in subsection (1) .\ns 304F ins 2019 No. 18 s 48\namd 2020 No. 39 s 70 sch 1 ; 2024 No. 50 s 72\n(sec.304F-ssec.1) The chief executive must give a written notice to each notifiable person for the person that states— the person’s working with children authority has been cancelled on the person’s request; and it is an offence for an employer to employ, or continue to employ, the person in regulated employment other than as allowed under section 175 or 176C . See sections 342 and 343 for the chief executive’s obligation to notify other persons about the cancellation of a person’s working with children authority.\n(sec.304F-ssec.2) Also, the chief executive may give a potential employer for the person a notice mentioned in subsection (1) .\n- (a) the person’s working with children authority has been cancelled on the person’s request; and\n- (b) it is an offence for an employer to employ, or continue to employ, the person in regulated employment other than as allowed under section 175 or 176C .","sortOrder":470},{"sectionNumber":"ch.8-pt.5A-div.5","sectionType":"division","heading":"Cancelling negative notice on holder’s request","content":"## Cancelling negative notice on holder’s request","sortOrder":471},{"sectionNumber":"sec.304G","sectionType":"section","heading":"Application to cancel negative notice","content":"### sec.304G Application to cancel negative notice\n\nThis section applies to a person who—\nholds a negative notice; and\nis not a disqualified person; and\nis not the subject of an adverse interstate WWC decision that is in effect.\nThe person may apply to the chief executive to cancel the negative notice if—\nthe application is made more than 3 years after the notice was issued; or\nthe decision to issue the notice was based on wrong or incomplete information; or\nthe negative notice was issued because the person was a disqualified person and the person is no longer a disqualified person.\nSubsection (4) applies if the person—\napplied to the chief executive to cancel the negative notice and that application has been refused; and\napplied under part 7 , division 3 for review of that decision and QCAT confirmed the decision.\nDespite subsection (2) (a) , the person may only apply to the chief executive to cancel the negative notice if the application is made more than 3 years after the date QCAT confirmed the decision.\ns 304G ins 2019 No. 18 s 48\namd 2022 No. 7 s 117 ; 2024 No. 50 s 73\n(sec.304G-ssec.1) This section applies to a person who— holds a negative notice; and is not a disqualified person; and is not the subject of an adverse interstate WWC decision that is in effect.\n(sec.304G-ssec.2) The person may apply to the chief executive to cancel the negative notice if— the application is made more than 3 years after the notice was issued; or the decision to issue the notice was based on wrong or incomplete information; or the negative notice was issued because the person was a disqualified person and the person is no longer a disqualified person.\n(sec.304G-ssec.3) Subsection (4) applies if the person— applied to the chief executive to cancel the negative notice and that application has been refused; and applied under part 7 , division 3 for review of that decision and QCAT confirmed the decision.\n(sec.304G-ssec.4) Despite subsection (2) (a) , the person may only apply to the chief executive to cancel the negative notice if the application is made more than 3 years after the date QCAT confirmed the decision.\n- (a) holds a negative notice; and\n- (b) is not a disqualified person; and\n- (c) is not the subject of an adverse interstate WWC decision that is in effect.\n- (a) the application is made more than 3 years after the notice was issued; or\n- (b) the decision to issue the notice was based on wrong or incomplete information; or\n- (c) the negative notice was issued because the person was a disqualified person and the person is no longer a disqualified person.\n- (a) applied to the chief executive to cancel the negative notice and that application has been refused; and\n- (b) applied under part 7 , division 3 for review of that decision and QCAT confirmed the decision.","sortOrder":472},{"sectionNumber":"sec.304H","sectionType":"section","heading":"Form of application","content":"### sec.304H Form of application\n\nThe application must be—\nin the approved form; and\nmade in an approved way; and\nsigned by the person; and\nif the person is not a police officer or registered teacher—accompanied by the prescribed fee for the application.\nThe person may state anything in the application that the person considers is relevant to the chief executive’s decision, including, for example, a change in the person’s circumstances since the negative notice was issued.\ns 304H ins 2019 No. 18 s 48\n(sec.304H-ssec.1) The application must be— in the approved form; and made in an approved way; and signed by the person; and if the person is not a police officer or registered teacher—accompanied by the prescribed fee for the application.\n(sec.304H-ssec.2) The person may state anything in the application that the person considers is relevant to the chief executive’s decision, including, for example, a change in the person’s circumstances since the negative notice was issued.\n- (a) in the approved form; and\n- (b) made in an approved way; and\n- (c) signed by the person; and\n- (d) if the person is not a police officer or registered teacher—accompanied by the prescribed fee for the application.","sortOrder":473},{"sectionNumber":"sec.304HA","sectionType":"section","heading":"Chief executive may request further information","content":"### sec.304HA Chief executive may request further information\n\nThe chief executive may give a person who applies to cancel a negative notice a notice asking the person to give the chief executive, within a reasonable stated time—\nstated information that the chief executive reasonably needs to establish the person’s identity; or\nstated information, including by way of a submission, about a stated matter that the chief executive reasonably believes is relevant to the application.\nThe notice must state that, if the person does not comply with the request within the stated time, the person’s application will be withdrawn.\ns 304HA ins 2024 No. 50 s 74\n(sec.304HA-ssec.1) The chief executive may give a person who applies to cancel a negative notice a notice asking the person to give the chief executive, within a reasonable stated time— stated information that the chief executive reasonably needs to establish the person’s identity; or stated information, including by way of a submission, about a stated matter that the chief executive reasonably believes is relevant to the application.\n(sec.304HA-ssec.2) The notice must state that, if the person does not comply with the request within the stated time, the person’s application will be withdrawn.\n- (a) stated information that the chief executive reasonably needs to establish the person’s identity; or\n- (b) stated information, including by way of a submission, about a stated matter that the chief executive reasonably believes is relevant to the application.","sortOrder":474},{"sectionNumber":"sec.304HB","sectionType":"section","heading":"Withdrawal by chief executive—failure to comply with particular requests","content":"### sec.304HB Withdrawal by chief executive—failure to comply with particular requests\n\nThe chief executive must withdraw an application if—\nthe chief executive gives a person a notice under section 304HA asking the person to provide stated information; and\nthe notice includes a statement that, if the person does not comply with the request, the application will be withdrawn; and\nthe person does not comply with the request.\ns 304HB ins 2024 No. 50 s 74\n- (a) the chief executive gives a person a notice under section 304HA asking the person to provide stated information; and\n- (b) the notice includes a statement that, if the person does not comply with the request, the application will be withdrawn; and\n- (c) the person does not comply with the request.","sortOrder":475},{"sectionNumber":"sec.304I","sectionType":"section","heading":"Deciding application","content":"### sec.304I Deciding application\n\nIf the chief executive decides to cancel the person’s negative notice, the chief executive must—\ncancel the negative notice; and\ngive the person a notice about the cancellation.\nSee section 294 for how the chief executive is required to decide an application to cancel a person’s negative notice.\nIf the chief executive decides not to cancel the person’s negative notice, the chief executive must give the person a written notice that states—\nthe application has been refused and the person’s negative notice continues in effect subject to section 240 ; and\nthe reasons for the chief executive’s decision to refuse the application; and\nthe relevant review and appeal information.\ns 304I ins 2019 No. 18 s 48\namd 2020 No. 39 s 70 sch 1 ; 2024 No. 50 s 75\n(sec.304I-ssec.1) If the chief executive decides to cancel the person’s negative notice, the chief executive must— cancel the negative notice; and give the person a notice about the cancellation. See section 294 for how the chief executive is required to decide an application to cancel a person’s negative notice.\n(sec.304I-ssec.2) If the chief executive decides not to cancel the person’s negative notice, the chief executive must give the person a written notice that states— the application has been refused and the person’s negative notice continues in effect subject to section 240 ; and the reasons for the chief executive’s decision to refuse the application; and the relevant review and appeal information.\n- (a) cancel the negative notice; and\n- (b) give the person a notice about the cancellation.\n- (a) the application has been refused and the person’s negative notice continues in effect subject to section 240 ; and\n- (b) the reasons for the chief executive’s decision to refuse the application; and\n- (c) the relevant review and appeal information.","sortOrder":476},{"sectionNumber":"ch.8-pt.5A-div.6","sectionType":"division","heading":"Other cancellation of negative notice","content":"## Other cancellation of negative notice","sortOrder":477},{"sectionNumber":"sec.304J","sectionType":"section","heading":"Chief executive may act on own initiative or application","content":"### sec.304J Chief executive may act on own initiative or application\n\nThe chief executive may decide to—\nact under this division on the chief executive’s own initiative; or\nif a person applies to cancel the person’s negative notice under section 304G —act under section 304K or 304L instead of cancelling the person’s negative notice under section 304G .\ns 304J ins 2019 No. 18 s 48\n- (a) act under this division on the chief executive’s own initiative; or\n- (b) if a person applies to cancel the person’s negative notice under section 304G —act under section 304K or 304L instead of cancelling the person’s negative notice under section 304G .","sortOrder":478},{"sectionNumber":"sec.304K","sectionType":"section","heading":"No longer disqualified person","content":"### sec.304K No longer disqualified person\n\nThe chief executive may cancel a person’s negative notice if the chief executive is satisfied—\nthe negative notice was issued because the person was a disqualified person; and\nthe person is no longer a disqualified person.\nIf the chief executive decides to cancel the person’s negative notice, the chief executive may decide to substitute a working with children authority if the chief executive is satisfied it is appropriate to issue the authority to the person.\nSee section 294 for how the chief executive is required to decide whether it is appropriate to issue a working with children authority to a person.\ns 304K ins 2019 No. 18 s 48\namd 2024 No. 50 s 76\n(sec.304K-ssec.1) The chief executive may cancel a person’s negative notice if the chief executive is satisfied— the negative notice was issued because the person was a disqualified person; and the person is no longer a disqualified person.\n(sec.304K-ssec.2) If the chief executive decides to cancel the person’s negative notice, the chief executive may decide to substitute a working with children authority if the chief executive is satisfied it is appropriate to issue the authority to the person. See section 294 for how the chief executive is required to decide whether it is appropriate to issue a working with children authority to a person.\n- (a) the negative notice was issued because the person was a disqualified person; and\n- (b) the person is no longer a disqualified person.","sortOrder":479},{"sectionNumber":"sec.304L","sectionType":"section","heading":"Negative notice issued because of wrong or incomplete information","content":"### sec.304L Negative notice issued because of wrong or incomplete information\n\nThe chief executive may cancel a person’s negative notice and substitute a working with children authority if the chief executive is satisfied—\nthe decision to issue the negative notice was based on wrong or incomplete information; and\nhaving considered the correct or complete information, it is appropriate to issue a working with children authority to the person.\nSee section 294 for how the chief executive is required to decide whether it is appropriate to issue a working with children authority to a person.\ns 304L ins 2019 No. 18 s 48\n- (a) the decision to issue the negative notice was based on wrong or incomplete information; and\n- (b) having considered the correct or complete information, it is appropriate to issue a working with children authority to the person. Note— See section 294 for how the chief executive is required to decide whether it is appropriate to issue a working with children authority to a person.","sortOrder":480},{"sectionNumber":"sec.304M","sectionType":"section","heading":"Subsequent information","content":"### sec.304M Subsequent information\n\nThe chief executive may cancel a person’s negative notice and substitute a working with children authority if—\nthe chief executive becomes aware of information that was not known to the chief executive when the decision to issue the notice was made; and\nafter considering the further information, the chief executive is satisfied it is appropriate to issue a working with children authority to the person.\nSee section 294 for how the chief executive is required to decide whether it is appropriate to issue a working with children authority to a person.\ns 304M ins 2019 No. 18 s 48\n- (a) the chief executive becomes aware of information that was not known to the chief executive when the decision to issue the notice was made; and\n- (b) after considering the further information, the chief executive is satisfied it is appropriate to issue a working with children authority to the person. Note— See section 294 for how the chief executive is required to decide whether it is appropriate to issue a working with children authority to a person.","sortOrder":481},{"sectionNumber":"sec.304N","sectionType":"section","heading":"Action after making decision","content":"### sec.304N Action after making decision\n\nIf the chief executive decides to cancel a person’s negative notice under this division, the chief executive must—\ncancel the negative notice; and\ngive the person a notice about the cancellation.\nIf the chief executive decides under this division to substitute a working with children authority for a person’s cancelled negative notice, the chief executive must issue to the person—\nif the person is a police officer or registered teacher—a working with children exemption; or\notherwise—a working with children clearance.\nIf the chief executive decides to refuse an application mentioned in section 304J (b) , the chief executive must give the person a written notice that states—\nthe application has been refused and the person’s negative notice continues in effect subject to section 240 ; and\nthe reasons for the chief executive’s decision to refuse the application; and\nthe relevant review and appeal information.\ns 304N ins 2019 No. 18 s 48\namd 2020 No. 39 s 70 sch 1 ; 2024 No. 50 s 77\n(sec.304N-ssec.1) If the chief executive decides to cancel a person’s negative notice under this division, the chief executive must— cancel the negative notice; and give the person a notice about the cancellation.\n(sec.304N-ssec.2) If the chief executive decides under this division to substitute a working with children authority for a person’s cancelled negative notice, the chief executive must issue to the person— if the person is a police officer or registered teacher—a working with children exemption; or otherwise—a working with children clearance.\n(sec.304N-ssec.3) If the chief executive decides to refuse an application mentioned in section 304J (b) , the chief executive must give the person a written notice that states— the application has been refused and the person’s negative notice continues in effect subject to section 240 ; and the reasons for the chief executive’s decision to refuse the application; and the relevant review and appeal information.\n- (a) cancel the negative notice; and\n- (b) give the person a notice about the cancellation.\n- (a) if the person is a police officer or registered teacher—a working with children exemption; or\n- (b) otherwise—a working with children clearance.\n- (a) the application has been refused and the person’s negative notice continues in effect subject to section 240 ; and\n- (b) the reasons for the chief executive’s decision to refuse the application; and\n- (c) the relevant review and appeal information.","sortOrder":482},{"sectionNumber":"ch.8-pt.5A-div.7","sectionType":"division","heading":"Return of working with children card","content":"## Return of working with children card","sortOrder":483},{"sectionNumber":"sec.304O","sectionType":"section","heading":"Requirement to return suspended card","content":"### sec.304O Requirement to return suspended card\n\nThis section applies to a person if the chief executive gives the person a written notice that states the person’s working with children authority is suspended.\nThe person must return the person’s working with children card for the authority to the chief executive immediately after the notice is given to the person, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\ns 304O ins 2019 No. 18 s 48\n(sec.304O-ssec.1) This section applies to a person if the chief executive gives the person a written notice that states the person’s working with children authority is suspended.\n(sec.304O-ssec.2) The person must return the person’s working with children card for the authority to the chief executive immediately after the notice is given to the person, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.","sortOrder":484},{"sectionNumber":"sec.304P","sectionType":"section","heading":"Requirement to return cancelled card","content":"### sec.304P Requirement to return cancelled card\n\nThis section applies to a person if the chief executive gives the person a written notice that states the person’s working with children authority is cancelled.\nThe person must give the person’s working with children card for the authority to the chief executive immediately after the chief executive gives the notice, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\ns 304P ins 2019 No. 18 s 48\n(sec.304P-ssec.1) This section applies to a person if the chief executive gives the person a written notice that states the person’s working with children authority is cancelled.\n(sec.304P-ssec.2) The person must give the person’s working with children card for the authority to the chief executive immediately after the chief executive gives the notice, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.","sortOrder":485},{"sectionNumber":"ch.8-pt.6","sectionType":"part","heading":"Provisions about obtaining or dealing with information","content":"# Provisions about obtaining or dealing with information","sortOrder":486},{"sectionNumber":"ch.8-pt.6-div.1","sectionType":"division","heading":"Investigative information","content":"## Investigative information","sortOrder":487},{"sectionNumber":"sec.305","sectionType":"section","heading":"Police commissioner may decide that information about a person is investigative information","content":"### sec.305 Police commissioner may decide that information about a person is investigative information\n\nThe police commissioner may decide under this section that information about a person (the investigated person ) is investigative information if—\nthere is or was evidence of acts or omissions that, at the time of the acts or omissions, constituted a schedule 6 or 6A offence (the alleged offence ) by the investigated person against a person (the complainant ); and\nthe police investigated the alleged offence and the investigated person was formally notified about the investigation, including—\nby participating in an interview, or by being asked to participate in an interview, about the alleged offence; or\nby otherwise being given an opportunity to answer allegations about the alleged offence; and\nthere was sufficient evidence available that was capable of establishing each element of the alleged offence but a decision was made not to charge the investigated person because—\nthe complainant died before the charge was brought; or\neither or both of the following applied—\nthe complainant was unwilling to proceed;\nan adult who, at the relevant time, was the complainant’s parent or guardian decided that, in the interests of the complainant, the matter should not proceed.\nEvidence of acts or omissions includes information from a third party if the complainant did not make a formal complaint at or about the time of the investigation.\nFor this section, a schedule 6 or 6A offence is—\nan offence against a provision of an Act mentioned in schedule 6 or 6A , column 1, subject to any qualification relating to the provision mentioned opposite in column 3; or\nan offence of counselling or procuring the commission of an offence of a kind mentioned in paragraph (a) ; or\nan offence of attempting, or of conspiring, to commit an offence of a kind mentioned in paragraph (a) ; or\nan offence that has, as an element, intention to commit an offence of a kind mentioned in paragraph (a) ; or\nan offence that, at the time it was committed was an offence of a kind mentioned in paragraph (a) ; or\nan offence under a law of another jurisdiction that, if it had been committed in Queensland, would have constituted an offence mentioned in paragraph (a) , (b) , (c) , (d) or (e) .\nColumn 2 in schedules 6 and 6A is included for information purposes only and states a section heading for the provision mentioned opposite in column 1.\nFor subsection (3) , it is immaterial if a provision mentioned in schedule 6 or 6A , column 1, for an Act has been amended from time to time or that the provision was previously numbered with a different number.\ns 305 ins 2010 No. 5 s 58\namd 2013 No. 14 s 3\n(sec.305-ssec.1) The police commissioner may decide under this section that information about a person (the investigated person ) is investigative information if— there is or was evidence of acts or omissions that, at the time of the acts or omissions, constituted a schedule 6 or 6A offence (the alleged offence ) by the investigated person against a person (the complainant ); and the police investigated the alleged offence and the investigated person was formally notified about the investigation, including— by participating in an interview, or by being asked to participate in an interview, about the alleged offence; or by otherwise being given an opportunity to answer allegations about the alleged offence; and there was sufficient evidence available that was capable of establishing each element of the alleged offence but a decision was made not to charge the investigated person because— the complainant died before the charge was brought; or either or both of the following applied— the complainant was unwilling to proceed; an adult who, at the relevant time, was the complainant’s parent or guardian decided that, in the interests of the complainant, the matter should not proceed.\n(sec.305-ssec.2) Evidence of acts or omissions includes information from a third party if the complainant did not make a formal complaint at or about the time of the investigation.\n(sec.305-ssec.3) For this section, a schedule 6 or 6A offence is— an offence against a provision of an Act mentioned in schedule 6 or 6A , column 1, subject to any qualification relating to the provision mentioned opposite in column 3; or an offence of counselling or procuring the commission of an offence of a kind mentioned in paragraph (a) ; or an offence of attempting, or of conspiring, to commit an offence of a kind mentioned in paragraph (a) ; or an offence that has, as an element, intention to commit an offence of a kind mentioned in paragraph (a) ; or an offence that, at the time it was committed was an offence of a kind mentioned in paragraph (a) ; or an offence under a law of another jurisdiction that, if it had been committed in Queensland, would have constituted an offence mentioned in paragraph (a) , (b) , (c) , (d) or (e) . Column 2 in schedules 6 and 6A is included for information purposes only and states a section heading for the provision mentioned opposite in column 1.\n(sec.305-ssec.4) For subsection (3) , it is immaterial if a provision mentioned in schedule 6 or 6A , column 1, for an Act has been amended from time to time or that the provision was previously numbered with a different number.\n- (a) there is or was evidence of acts or omissions that, at the time of the acts or omissions, constituted a schedule 6 or 6A offence (the alleged offence ) by the investigated person against a person (the complainant ); and\n- (b) the police investigated the alleged offence and the investigated person was formally notified about the investigation, including— (i) by participating in an interview, or by being asked to participate in an interview, about the alleged offence; or (ii) by otherwise being given an opportunity to answer allegations about the alleged offence; and\n- (i) by participating in an interview, or by being asked to participate in an interview, about the alleged offence; or\n- (ii) by otherwise being given an opportunity to answer allegations about the alleged offence; and\n- (c) there was sufficient evidence available that was capable of establishing each element of the alleged offence but a decision was made not to charge the investigated person because— (i) the complainant died before the charge was brought; or (ii) either or both of the following applied— (A) the complainant was unwilling to proceed; (B) an adult who, at the relevant time, was the complainant’s parent or guardian decided that, in the interests of the complainant, the matter should not proceed.\n- (i) the complainant died before the charge was brought; or\n- (ii) either or both of the following applied— (A) the complainant was unwilling to proceed; (B) an adult who, at the relevant time, was the complainant’s parent or guardian decided that, in the interests of the complainant, the matter should not proceed.\n- (A) the complainant was unwilling to proceed;\n- (B) an adult who, at the relevant time, was the complainant’s parent or guardian decided that, in the interests of the complainant, the matter should not proceed.\n- (i) by participating in an interview, or by being asked to participate in an interview, about the alleged offence; or\n- (ii) by otherwise being given an opportunity to answer allegations about the alleged offence; and\n- (i) the complainant died before the charge was brought; or\n- (ii) either or both of the following applied— (A) the complainant was unwilling to proceed; (B) an adult who, at the relevant time, was the complainant’s parent or guardian decided that, in the interests of the complainant, the matter should not proceed.\n- (A) the complainant was unwilling to proceed;\n- (B) an adult who, at the relevant time, was the complainant’s parent or guardian decided that, in the interests of the complainant, the matter should not proceed.\n- (A) the complainant was unwilling to proceed;\n- (B) an adult who, at the relevant time, was the complainant’s parent or guardian decided that, in the interests of the complainant, the matter should not proceed.\n- (a) an offence against a provision of an Act mentioned in schedule 6 or 6A , column 1, subject to any qualification relating to the provision mentioned opposite in column 3; or\n- (b) an offence of counselling or procuring the commission of an offence of a kind mentioned in paragraph (a) ; or\n- (c) an offence of attempting, or of conspiring, to commit an offence of a kind mentioned in paragraph (a) ; or\n- (d) an offence that has, as an element, intention to commit an offence of a kind mentioned in paragraph (a) ; or\n- (e) an offence that, at the time it was committed was an offence of a kind mentioned in paragraph (a) ; or\n- (f) an offence under a law of another jurisdiction that, if it had been committed in Queensland, would have constituted an offence mentioned in paragraph (a) , (b) , (c) , (d) or (e) .","sortOrder":488},{"sectionNumber":"sec.306","sectionType":"section","heading":"Police commissioner not to delegate power under s 305","content":"### sec.306 Police commissioner not to delegate power under s 305\n\nDespite the Police Service Administration Act 1990 , section 4 .10, the police commissioner may not delegate the police commissioner’s powers under section 305 other than to a police officer of at least the rank of superintendent.\ns 306 ins 2010 No. 5 s 58","sortOrder":489},{"sectionNumber":"sec.307","sectionType":"section","heading":"Appeal against police commissioner’s decision that information is investigative information","content":"### sec.307 Appeal against police commissioner’s decision that information is investigative information\n\nThis section applies if—\nthe police commissioner decides that information about a person is investigative information; and\nthe investigative information is given, under division 2 , to the chief executive; and\nafter the investigative information is given to the chief executive, the person is issued a negative notice, whether or not the negative notice was issued because a working with children authority held by the person was cancelled.\nThe person may appeal to a Magistrates Court about the police commissioner’s decision mentioned in subsection (1) .\nHowever, an appeal under subsection (2) may only be made within 28 days after the person is given written notice about the issue of the negative notice.\nThe chief executive and police commissioner must be given a copy of the notice of appeal.\nQCAT does not have jurisdiction to review a decision of the police commissioner that information about a person is investigative information or that information that is investigative information may be given to the chief executive.\ns 307 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55 ; 2019 No. 18 s 86 (1) sch 1 ; 2024 No. 50 s 78\n(sec.307-ssec.1) This section applies if— the police commissioner decides that information about a person is investigative information; and the investigative information is given, under division 2 , to the chief executive; and after the investigative information is given to the chief executive, the person is issued a negative notice, whether or not the negative notice was issued because a working with children authority held by the person was cancelled.\n(sec.307-ssec.2) The person may appeal to a Magistrates Court about the police commissioner’s decision mentioned in subsection (1) .\n(sec.307-ssec.3) However, an appeal under subsection (2) may only be made within 28 days after the person is given written notice about the issue of the negative notice.\n(sec.307-ssec.4) The chief executive and police commissioner must be given a copy of the notice of appeal.\n(sec.307-ssec.5) QCAT does not have jurisdiction to review a decision of the police commissioner that information about a person is investigative information or that information that is investigative information may be given to the chief executive.\n- (a) the police commissioner decides that information about a person is investigative information; and\n- (b) the investigative information is given, under division 2 , to the chief executive; and\n- (c) after the investigative information is given to the chief executive, the person is issued a negative notice, whether or not the negative notice was issued because a working with children authority held by the person was cancelled.","sortOrder":490},{"sectionNumber":"sec.308","sectionType":"section","heading":"Court to decide matters afresh","content":"### sec.308 Court to decide matters afresh\n\nA Magistrates Court hearing an appeal under section 307 is to decide afresh whether information given to the chief executive as investigative information about a person is investigative information.\nA person who is the relevant complainant under section 305 must not be asked or called on by the investigated person under that section to give evidence in person before the court.\nSubsection (2) does not prevent documentary evidence being tendered and received in evidence by the court.\nAfter hearing an appeal under section 307 , the court may confirm or set aside the decision and the court must give the appellant notice of the decision.\nFor subsection (4) , the court must have regard to the matters the police commissioner was required to have regard to under this Act when the police commissioner made the decision.\ns 308 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\n(sec.308-ssec.1) A Magistrates Court hearing an appeal under section 307 is to decide afresh whether information given to the chief executive as investigative information about a person is investigative information.\n(sec.308-ssec.2) A person who is the relevant complainant under section 305 must not be asked or called on by the investigated person under that section to give evidence in person before the court.\n(sec.308-ssec.3) Subsection (2) does not prevent documentary evidence being tendered and received in evidence by the court.\n(sec.308-ssec.4) After hearing an appeal under section 307 , the court may confirm or set aside the decision and the court must give the appellant notice of the decision.\n(sec.308-ssec.5) For subsection (4) , the court must have regard to the matters the police commissioner was required to have regard to under this Act when the police commissioner made the decision.","sortOrder":491},{"sectionNumber":"sec.309","sectionType":"section","heading":"Consequence of decision on appeal","content":"### sec.309 Consequence of decision on appeal\n\nThis section applies if a Magistrates Court hears and decides an appeal against the police commissioner’s decision under section 305 that information given to the chief executive about a person is investigative information.\nIf the court sets aside the decision appealed against, the person may apply under section 304G for the negative notice, issued because of the information, to be cancelled on the grounds the decision to issue the notice was based on wrong information.\nIf the court confirms the decision appealed against—\nthe person who appealed the decision may apply, within 28 days after receiving the notice under section 308 (4) and as otherwise provided under the QCAT Act , to QCAT for a review of a decision of the chief executive if—\nthe person is not a disqualified person; and\nthe decision is a chapter 8 reviewable decision; and\nthe notice under section 308 (4) must state how, and the period within which, the person may apply for the review.\nIf a person applies under subsection (3) (a) to have a decision reviewed, QCAT may not—\nstay the operation of the decision; or\ngrant an injunction in the proceeding for the review.\ns 309 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55 ; 2019 No. 18 s 86 (1) sch 1 ; 2024 No. 50 s 79\n(sec.309-ssec.1) This section applies if a Magistrates Court hears and decides an appeal against the police commissioner’s decision under section 305 that information given to the chief executive about a person is investigative information.\n(sec.309-ssec.2) If the court sets aside the decision appealed against, the person may apply under section 304G for the negative notice, issued because of the information, to be cancelled on the grounds the decision to issue the notice was based on wrong information.\n(sec.309-ssec.3) If the court confirms the decision appealed against— the person who appealed the decision may apply, within 28 days after receiving the notice under section 308 (4) and as otherwise provided under the QCAT Act , to QCAT for a review of a decision of the chief executive if— the person is not a disqualified person; and the decision is a chapter 8 reviewable decision; and the notice under section 308 (4) must state how, and the period within which, the person may apply for the review.\n(sec.309-ssec.4) If a person applies under subsection (3) (a) to have a decision reviewed, QCAT may not— stay the operation of the decision; or grant an injunction in the proceeding for the review.\n- (a) the person who appealed the decision may apply, within 28 days after receiving the notice under section 308 (4) and as otherwise provided under the QCAT Act , to QCAT for a review of a decision of the chief executive if— (i) the person is not a disqualified person; and (ii) the decision is a chapter 8 reviewable decision; and\n- (i) the person is not a disqualified person; and\n- (ii) the decision is a chapter 8 reviewable decision; and\n- (b) the notice under section 308 (4) must state how, and the period within which, the person may apply for the review.\n- (i) the person is not a disqualified person; and\n- (ii) the decision is a chapter 8 reviewable decision; and\n- (a) stay the operation of the decision; or\n- (b) grant an injunction in the proceeding for the review.","sortOrder":492},{"sectionNumber":"ch.8-pt.6-div.2","sectionType":"division","heading":"Obtaining information from police commissioner","content":"## Obtaining information from police commissioner","sortOrder":493},{"sectionNumber":"sec.310","sectionType":"section","heading":"Application of division","content":"### sec.310 Application of division\n\nThis division applies to a person if—\nthe person holds a working with children authority; or\nthe person has made a working with children check application that has not been decided or withdrawn; or\nall of the following apply—\nthe person has purported to make a working with children check application;\nthe application has not been properly made, including, for example, because the application was not accompanied by the prescribed fee for the application;\nthe application, as made, contains sufficient information for the chief executive to establish the person’s identity with certainty; or\nthe person has applied, under section 300A , to the chief executive to decide whether or not to cancel the person’s working with children authority that is suspended and the application has not been decided; or\nthe person has applied, under section 304G , to the chief executive to cancel the person’s negative notice; or\nfor a person who holds a negative notice—\nthe person has made an application under section 309 (3) or 354 that has not been decided; or\nan appeal to an entity has been made in relation to an application under section 309 (3) or 354 and the appeal has not been decided.\ns 310 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nsub 2019 No. 18 s 49\namd 2024 No. 50 s 80\n- (a) the person holds a working with children authority; or\n- (b) the person has made a working with children check application that has not been decided or withdrawn; or\n- (c) all of the following apply— (i) the person has purported to make a working with children check application; (ii) the application has not been properly made, including, for example, because the application was not accompanied by the prescribed fee for the application; (iii) the application, as made, contains sufficient information for the chief executive to establish the person’s identity with certainty; or\n- (i) the person has purported to make a working with children check application;\n- (ii) the application has not been properly made, including, for example, because the application was not accompanied by the prescribed fee for the application;\n- (iii) the application, as made, contains sufficient information for the chief executive to establish the person’s identity with certainty; or\n- (d) the person has applied, under section 300A , to the chief executive to decide whether or not to cancel the person’s working with children authority that is suspended and the application has not been decided; or\n- (e) the person has applied, under section 304G , to the chief executive to cancel the person’s negative notice; or\n- (h) for a person who holds a negative notice— (i) the person has made an application under section 309 (3) or 354 that has not been decided; or (ii) an appeal to an entity has been made in relation to an application under section 309 (3) or 354 and the appeal has not been decided.\n- (i) the person has made an application under section 309 (3) or 354 that has not been decided; or\n- (ii) an appeal to an entity has been made in relation to an application under section 309 (3) or 354 and the appeal has not been decided.\n- (i) the person has purported to make a working with children check application;\n- (ii) the application has not been properly made, including, for example, because the application was not accompanied by the prescribed fee for the application;\n- (iii) the application, as made, contains sufficient information for the chief executive to establish the person’s identity with certainty; or\n- (i) the person has made an application under section 309 (3) or 354 that has not been decided; or\n- (ii) an appeal to an entity has been made in relation to an application under section 309 (3) or 354 and the appeal has not been decided.","sortOrder":494},{"sectionNumber":"sec.311","sectionType":"section","heading":"Chief executive may ask police commissioner for information","content":"### sec.311 Chief executive may ask police commissioner for information\n\nThe chief executive may ask the police commissioner for information, or for access to the police commissioner’s records, to enable the chief executive to learn what, if any, police information exists in relation to the person.\nFor subsection (1) , the chief executive’s request may include the following information—\nthe person’s name and any other name that the chief executive believes the person may use or may have used;\nthe person’s gender and date and place of birth;\nthe person’s address;\nif the person holds a working with children clearance—any number or date related to the person’s clearance or working with children card;\nif the person holds a working with children exemption—any number or date related to the person’s exemption or working with children card;\nif the request relates to a person employed in regulated employment—whether or not the person carries out the work as a volunteer;\nthe basis on which the chief executive may request information about the person, including, for example, by referencing the relevant provision of section 310 .\nIf there is police information about the person, the chief executive may ask the police commissioner for—\na brief description of the circumstances of a conviction, charge or investigative information mentioned in the police information; or\na section 93A transcript relating to an offence mentioned in the police information; or\na transcript of a recorded statement relating to an offence mentioned in the police information.\nIf the chief executive decides that information requested under subsection (1) or (3) about the person is no longer required, the chief executive must tell the police commissioner not to provide the information.\ns 311 ins 2010 No. 5 s 58\namd 2014 No. 28 ss 55 , 56 ; 2019 No. 18 s 86 (1) sch 1 ; 2022 No. 12 s 47\n(sec.311-ssec.1) The chief executive may ask the police commissioner for information, or for access to the police commissioner’s records, to enable the chief executive to learn what, if any, police information exists in relation to the person.\n(sec.311-ssec.2) For subsection (1) , the chief executive’s request may include the following information— the person’s name and any other name that the chief executive believes the person may use or may have used; the person’s gender and date and place of birth; the person’s address; if the person holds a working with children clearance—any number or date related to the person’s clearance or working with children card; if the person holds a working with children exemption—any number or date related to the person’s exemption or working with children card; if the request relates to a person employed in regulated employment—whether or not the person carries out the work as a volunteer; the basis on which the chief executive may request information about the person, including, for example, by referencing the relevant provision of section 310 .\n(sec.311-ssec.3) If there is police information about the person, the chief executive may ask the police commissioner for— a brief description of the circumstances of a conviction, charge or investigative information mentioned in the police information; or a section 93A transcript relating to an offence mentioned in the police information; or a transcript of a recorded statement relating to an offence mentioned in the police information.\n(sec.311-ssec.4) If the chief executive decides that information requested under subsection (1) or (3) about the person is no longer required, the chief executive must tell the police commissioner not to provide the information.\n- (a) the person’s name and any other name that the chief executive believes the person may use or may have used;\n- (b) the person’s gender and date and place of birth;\n- (c) the person’s address;\n- (d) if the person holds a working with children clearance—any number or date related to the person’s clearance or working with children card;\n- (e) if the person holds a working with children exemption—any number or date related to the person’s exemption or working with children card;\n- (f) if the request relates to a person employed in regulated employment—whether or not the person carries out the work as a volunteer;\n- (g) the basis on which the chief executive may request information about the person, including, for example, by referencing the relevant provision of section 310 .\n- (a) a brief description of the circumstances of a conviction, charge or investigative information mentioned in the police information; or\n- (b) a section 93A transcript relating to an offence mentioned in the police information; or\n- (c) a transcript of a recorded statement relating to an offence mentioned in the police information.","sortOrder":495},{"sectionNumber":"sec.312","sectionType":"section","heading":"Police commissioner to comply with request","content":"### sec.312 Police commissioner to comply with request\n\nThe police commissioner must comply with a request under section 311 (1) or (3) unless the police commissioner is, under section 311 (4) , told not to provide the information.\nThe police commissioner need not disclose investigative information about a person to the chief executive under this division if the police commissioner is reasonably satisfied that giving the information may do any of the following—\nprejudice the investigation of a contravention or possible contravention of the law in a particular case;\nenable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained;\nprejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law;\nendanger a person’s life or physical safety.\nTo remove any doubt, it is declared that, despite the Youth Justice Act 1992 , part 9 , the police commissioner may disclose information to which that part applies to the chief executive for complying with a request under section 311 (1) or (3) .\ns 312 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55 ; 2024 No. 50 s 81\n(sec.312-ssec.1) The police commissioner must comply with a request under section 311 (1) or (3) unless the police commissioner is, under section 311 (4) , told not to provide the information.\n(sec.312-ssec.2) The police commissioner need not disclose investigative information about a person to the chief executive under this division if the police commissioner is reasonably satisfied that giving the information may do any of the following— prejudice the investigation of a contravention or possible contravention of the law in a particular case; enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; endanger a person’s life or physical safety.\n(sec.312-ssec.3) To remove any doubt, it is declared that, despite the Youth Justice Act 1992 , part 9 , the police commissioner may disclose information to which that part applies to the chief executive for complying with a request under section 311 (1) or (3) .\n- (a) prejudice the investigation of a contravention or possible contravention of the law in a particular case;\n- (b) enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained;\n- (c) prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law;\n- (d) endanger a person’s life or physical safety.","sortOrder":496},{"sectionNumber":"sec.313","sectionType":"section","heading":"Information to be given about disqualified person","content":"### sec.313 Information to be given about disqualified person\n\nIf the police commissioner gives the chief executive information under section 312 about a person who is or has been a disqualified person, the information must include the following information about the person—\nthat the person is or has been a disqualified person;\nif the person is or has been subject to a disqualification order—the duration and details of the disqualification order;\nif the person is or has been subject to an offender prohibition order—\na brief description of the conduct that gave rise to the order; and\nthe duration and details of the order, including whether it is or was a temporary offender prohibition order or a final offender prohibition order.\ns 313 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55 ; 2024 No. 50 s 82\n- (a) that the person is or has been a disqualified person;\n- (b) if the person is or has been subject to a disqualification order—the duration and details of the disqualification order;\n- (c) if the person is or has been subject to an offender prohibition order— (i) a brief description of the conduct that gave rise to the order; and (ii) the duration and details of the order, including whether it is or was a temporary offender prohibition order or a final offender prohibition order.\n- (i) a brief description of the conduct that gave rise to the order; and\n- (ii) the duration and details of the order, including whether it is or was a temporary offender prohibition order or a final offender prohibition order.\n- (i) a brief description of the conduct that gave rise to the order; and\n- (ii) the duration and details of the order, including whether it is or was a temporary offender prohibition order or a final offender prohibition order.","sortOrder":497},{"sectionNumber":"sec.314","sectionType":"section","heading":"Information to be given about person subject of application for disqualification order or offender prohibition order","content":"### sec.314 Information to be given about person subject of application for disqualification order or offender prohibition order\n\nIf the police commissioner gives the chief executive information under section 312 about a person who is or has been the subject of an application for a disqualification order, or named as the respondent for an application for an offender prohibition order, and the order was not made, the information must include the following information about the person—\nthat the person is or has been the subject of an application for a disqualification order or named as the respondent for an application for an offender prohibition order and the order was not made;\nthe reasons why the application was made;\nthe reasons why the order was not made;\nif the application was for an offender prohibition order and the magistrate or court hearing the application decided not to make an offender prohibition disqualification order for the person—the reasons why the offender prohibition disqualification order was not made.\ns 314 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55 ; 2017 No. 14 s 50 sch 1\n- (a) that the person is or has been the subject of an application for a disqualification order or named as the respondent for an application for an offender prohibition order and the order was not made;\n- (b) the reasons why the application was made;\n- (c) the reasons why the order was not made;\n- (d) if the application was for an offender prohibition order and the magistrate or court hearing the application decided not to make an offender prohibition disqualification order for the person—the reasons why the offender prohibition disqualification order was not made.","sortOrder":498},{"sectionNumber":"sec.315","sectionType":"section","heading":"Police commissioner to notify person about investigative information given about the person","content":"### sec.315 Police commissioner to notify person about investigative information given about the person\n\nIf the police commissioner gives investigative information about a person to the chief executive under this division, the police commissioner must give notice, in the approved form, to the person that—\nthe police commissioner has decided that information about the person is investigative information; and\ninvestigative information has been given to the chief executive.\ns 315 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\n- (a) the police commissioner has decided that information about the person is investigative information; and\n- (b) investigative information has been given to the chief executive.","sortOrder":499},{"sectionNumber":"sec.315A","sectionType":"section","heading":"Chief executive’s request for domestic violence information about person","content":"### sec.315A Chief executive’s request for domestic violence information about person\n\nThis section applies if the chief executive reasonably believes a domestic violence order may have been made, or a police protection direction or police protection notice may have been issued, against the person.\nThe chief executive may ask the police commissioner for domestic violence information about the person.\nThe police commissioner must comply with a request under subsection (2) by—\ngiving the chief executive the domestic violence information that exists about the person; or\ntelling the chief executive there is no domestic violence information about the person.\nIf there is domestic violence information about the person, the chief executive may ask the police commissioner for a brief description of the circumstances of a domestic violence order, police protection direction or police protection notice mentioned in the domestic violence information.\nThe police commissioner must comply with a request under subsection (4) .\nIf the chief executive no longer needs the information requested—\nthe chief executive must tell the police commissioner the information is no longer needed; and\nthe police commissioner’s obligation to comply with the chief executive’s request ends.\ns 315A ins 2022 No. 7 s 87\namd 2024 No. 50 s 83 ; 2025 No. 18 s 83 sch 1\n(sec.315A-ssec.1) This section applies if the chief executive reasonably believes a domestic violence order may have been made, or a police protection direction or police protection notice may have been issued, against the person.\n(sec.315A-ssec.2) The chief executive may ask the police commissioner for domestic violence information about the person.\n(sec.315A-ssec.3) The police commissioner must comply with a request under subsection (2) by— giving the chief executive the domestic violence information that exists about the person; or telling the chief executive there is no domestic violence information about the person.\n(sec.315A-ssec.4) If there is domestic violence information about the person, the chief executive may ask the police commissioner for a brief description of the circumstances of a domestic violence order, police protection direction or police protection notice mentioned in the domestic violence information.\n(sec.315A-ssec.5) The police commissioner must comply with a request under subsection (4) .\n(sec.315A-ssec.6) If the chief executive no longer needs the information requested— the chief executive must tell the police commissioner the information is no longer needed; and the police commissioner’s obligation to comply with the chief executive’s request ends.\n- (a) giving the chief executive the domestic violence information that exists about the person; or\n- (b) telling the chief executive there is no domestic violence information about the person.\n- (a) the chief executive must tell the police commissioner the information is no longer needed; and\n- (b) the police commissioner’s obligation to comply with the chief executive’s request ends.","sortOrder":500},{"sectionNumber":"sec.316","sectionType":"section","heading":"Use of information given to police commissioner","content":"### sec.316 Use of information given to police commissioner\n\nInformation given to the police commissioner under this division must not be accessed or disclosed for any purpose except for a purpose under this chapter or any other purpose relevant to law enforcement.\nInformation given to the police commissioner under this division must not be used for any purpose except if—\nfor information other than information about a withdrawal—the use is for a purpose under this chapter or for any other purpose relating to child protection; or\nfor information about a withdrawal—the use is for a purpose under this chapter.\nHowever, subsections (1) and (2) do not apply to information the police commissioner obtained before the chief executive gave the information to the police commissioner under this section.\nIn this section—\nwithdrawal means withdrawal of any of the following—\na working with children check application;\nan application to cancel a negative notice.\ns 316 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55 ; 2019 No. 18 s 86 (1) sch 1 ; 2024 No. 50 s 84\n(sec.316-ssec.1) Information given to the police commissioner under this division must not be accessed or disclosed for any purpose except for a purpose under this chapter or any other purpose relevant to law enforcement.\n(sec.316-ssec.2) Information given to the police commissioner under this division must not be used for any purpose except if— for information other than information about a withdrawal—the use is for a purpose under this chapter or for any other purpose relating to child protection; or for information about a withdrawal—the use is for a purpose under this chapter.\n(sec.316-ssec.3) However, subsections (1) and (2) do not apply to information the police commissioner obtained before the chief executive gave the information to the police commissioner under this section.\n(sec.316-ssec.4) In this section— withdrawal means withdrawal of any of the following— a working with children check application; an application to cancel a negative notice.\n- (a) for information other than information about a withdrawal—the use is for a purpose under this chapter or for any other purpose relating to child protection; or\n- (b) for information about a withdrawal—the use is for a purpose under this chapter.\n- (a) a working with children check application;\n- (b) an application to cancel a negative notice.","sortOrder":501},{"sectionNumber":"sec.317","sectionType":"section","heading":"Notice of change in police information about a person","content":"### sec.317 Notice of change in police information about a person\n\nThis section applies if, for a person in relation to whom any of the following happens (the relevant event ), the police commissioner reasonably suspects the person is a person mentioned in section 310 —\nthe person’s criminal history changes;\nthe police commissioner decides, under section 305 , that information about the person is investigative information (regardless of when the act or omission relevant to the investigative information happened or is alleged to have happened);\nthe person becomes, or is no longer, a disqualified person;\nthe person is named as the respondent for an application for an offender prohibition order.\nFor a relevant event mentioned in subsection (1) (a) or (b) , the police commissioner may notify the chief executive of the following—\nthat the relevant event has happened;\nif subsection (1) (a) applies because the person has been charged with or convicted of an offence—\nthe offence the person has been charged with or convicted of; and\nthe particulars of the offence; and\nthe date of the charge or conviction.\nFor a relevant event mentioned in subsection (1) (c) or (d) , the police commissioner must notify the chief executive of the following—\nthat the relevant event has happened;\nif subsection (1) (c) applies because the person has become a disqualified person—the information mentioned in section 313 ;\nif subsection (1) (d) applies—the information mentioned in section 314 in relation to the offender prohibition order.\nA notice given under subsection (2) or (3) must state the following—\nthe person’s name and any other name that the police commissioner believes the person may use or may have used;\nthe person’s gender and date and place of birth.\nThe chief executive may confirm the police commissioner’s suspicions under subsection (1) .\nIf the person is a person mentioned in section 323 (1) , the chief executive, on receiving notice under subsection (2) or (3) , may write to the person to inform the person about the person’s obligations under section 323 (2) .\nSection 323 imposes obligations on particular persons to notify particular entities of changes in police information.\nFor a person who does not have a criminal history, there is taken to be a change in the person’s criminal history if the person acquires a criminal history.\nTo remove any doubt, it is declared that, despite the Youth Justice Act 1992 , part 9 , the police commissioner may disclose information to which that part applies to the chief executive under this section.\ns 317 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55 ; 2019 No. 18 s 86 (1) sch 1 ; 2024 No. 50 s 85\n(sec.317-ssec.1) This section applies if, for a person in relation to whom any of the following happens (the relevant event ), the police commissioner reasonably suspects the person is a person mentioned in section 310 — the person’s criminal history changes; the police commissioner decides, under section 305 , that information about the person is investigative information (regardless of when the act or omission relevant to the investigative information happened or is alleged to have happened); the person becomes, or is no longer, a disqualified person; the person is named as the respondent for an application for an offender prohibition order.\n(sec.317-ssec.2) For a relevant event mentioned in subsection (1) (a) or (b) , the police commissioner may notify the chief executive of the following— that the relevant event has happened; if subsection (1) (a) applies because the person has been charged with or convicted of an offence— the offence the person has been charged with or convicted of; and the particulars of the offence; and the date of the charge or conviction.\n(sec.317-ssec.3) For a relevant event mentioned in subsection (1) (c) or (d) , the police commissioner must notify the chief executive of the following— that the relevant event has happened; if subsection (1) (c) applies because the person has become a disqualified person—the information mentioned in section 313 ; if subsection (1) (d) applies—the information mentioned in section 314 in relation to the offender prohibition order.\n(sec.317-ssec.4) A notice given under subsection (2) or (3) must state the following— the person’s name and any other name that the police commissioner believes the person may use or may have used; the person’s gender and date and place of birth.\n(sec.317-ssec.5) The chief executive may confirm the police commissioner’s suspicions under subsection (1) .\n(sec.317-ssec.6) If the person is a person mentioned in section 323 (1) , the chief executive, on receiving notice under subsection (2) or (3) , may write to the person to inform the person about the person’s obligations under section 323 (2) . Section 323 imposes obligations on particular persons to notify particular entities of changes in police information.\n(sec.317-ssec.7) For a person who does not have a criminal history, there is taken to be a change in the person’s criminal history if the person acquires a criminal history.\n(sec.317-ssec.8) To remove any doubt, it is declared that, despite the Youth Justice Act 1992 , part 9 , the police commissioner may disclose information to which that part applies to the chief executive under this section.\n- (a) the person’s criminal history changes;\n- (b) the police commissioner decides, under section 305 , that information about the person is investigative information (regardless of when the act or omission relevant to the investigative information happened or is alleged to have happened);\n- (c) the person becomes, or is no longer, a disqualified person;\n- (d) the person is named as the respondent for an application for an offender prohibition order.\n- (a) that the relevant event has happened;\n- (b) if subsection (1) (a) applies because the person has been charged with or convicted of an offence— (i) the offence the person has been charged with or convicted of; and (ii) the particulars of the offence; and (iii) the date of the charge or conviction.\n- (i) the offence the person has been charged with or convicted of; and\n- (ii) the particulars of the offence; and\n- (iii) the date of the charge or conviction.\n- (i) the offence the person has been charged with or convicted of; and\n- (ii) the particulars of the offence; and\n- (iii) the date of the charge or conviction.\n- (a) that the relevant event has happened;\n- (b) if subsection (1) (c) applies because the person has become a disqualified person—the information mentioned in section 313 ;\n- (c) if subsection (1) (d) applies—the information mentioned in section 314 in relation to the offender prohibition order.\n- (a) the person’s name and any other name that the police commissioner believes the person may use or may have used;\n- (b) the person’s gender and date and place of birth.","sortOrder":502},{"sectionNumber":"ch.8-pt.6-div.3","sectionType":"division","heading":"Obtaining police information from other State entities","content":"## Obtaining police information from other State entities","sortOrder":503},{"sectionNumber":"sec.318","sectionType":"section","heading":"Obtaining information from director of public prosecutions","content":"### sec.318 Obtaining information from director of public prosecutions\n\nThis section applies to a person mentioned in section 310 .\nIf the chief executive becomes aware that the person has been charged with or convicted of an offence, the chief executive may, by written notice, ask the director of public prosecutions for the following—\na written statement briefly describing the circumstances of a charge or conviction for the offence;\na copy or written summary of evidentiary material about the offence;\nif a charge for the offence was not proceeded with—a written summary of the reasons why the charge was not proceeded with.\nThe chief executive’s request may include the following information—\nthe person’s name and any other name the chief executive believes the person may use or have used;\nthe person’s gender and date and place of birth.\nThe director of public prosecutions may comply with a request under subsection (2) if the director reasonably believes the statement, copy or summary may help the chief executive in making an employment-screening decision about the person.\nHowever, the director of public prosecutions must not give the chief executive a copy or written summary of evidentiary material about the offence that relates only to a person other than the person about whom the request is made.\na report by an expert about a person other than the person about whom the request is made.\nThe director of public prosecutions must not give information, or a document containing information, to the chief executive under this section if the director is reasonably satisfied that giving the information may do any of the following—\nprejudice the investigation of a contravention or possible contravention of the law in a particular case;\nenable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained;\nprejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law;\nprejudice a prosecution or another matter before a court;\nendanger a person’s life or physical safety.\nThe giving of information, or a document containing information, under this section by the director of public prosecutions is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information.\nSee sections 384 and 385 for restrictions on disclosing or giving access to information or documents obtained under this Act.\nWithout limiting subsection (7) , this section applies despite the Director of Public Prosecutions Act 1984 , section 24A .\nIn this section—\nevidentiary material , about an offence, means material compiled in the course of the investigation or prosecution of the offence, including, for example, the following—\na summary of the circumstances of the alleged offence prepared by a police officer;\nbench charge sheet, QP9\na witness statement;\nan indictment;\na record of an interview or a transcript of a record of an interview, including a section 93A transcript and a transcript of a recorded statement;\na report by an expert about the person alleged to have committed the offence.\ns 318 ins 2010 No. 5 s 58\namd 2014 No. 28 ss 55 , 56 ; 2022 No. 12 s 48\n(sec.318-ssec.1) This section applies to a person mentioned in section 310 .\n(sec.318-ssec.2) If the chief executive becomes aware that the person has been charged with or convicted of an offence, the chief executive may, by written notice, ask the director of public prosecutions for the following— a written statement briefly describing the circumstances of a charge or conviction for the offence; a copy or written summary of evidentiary material about the offence; if a charge for the offence was not proceeded with—a written summary of the reasons why the charge was not proceeded with.\n(sec.318-ssec.3) The chief executive’s request may include the following information— the person’s name and any other name the chief executive believes the person may use or have used; the person’s gender and date and place of birth.\n(sec.318-ssec.4) The director of public prosecutions may comply with a request under subsection (2) if the director reasonably believes the statement, copy or summary may help the chief executive in making an employment-screening decision about the person.\n(sec.318-ssec.5) However, the director of public prosecutions must not give the chief executive a copy or written summary of evidentiary material about the offence that relates only to a person other than the person about whom the request is made. a report by an expert about a person other than the person about whom the request is made.\n(sec.318-ssec.6) The director of public prosecutions must not give information, or a document containing information, to the chief executive under this section if the director is reasonably satisfied that giving the information may do any of the following— prejudice the investigation of a contravention or possible contravention of the law in a particular case; enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; prejudice a prosecution or another matter before a court; endanger a person’s life or physical safety.\n(sec.318-ssec.7) The giving of information, or a document containing information, under this section by the director of public prosecutions is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information. See sections 384 and 385 for restrictions on disclosing or giving access to information or documents obtained under this Act.\n(sec.318-ssec.8) Without limiting subsection (7) , this section applies despite the Director of Public Prosecutions Act 1984 , section 24A .\n(sec.318-ssec.9) In this section— evidentiary material , about an offence, means material compiled in the course of the investigation or prosecution of the offence, including, for example, the following— a summary of the circumstances of the alleged offence prepared by a police officer; bench charge sheet, QP9 a witness statement; an indictment; a record of an interview or a transcript of a record of an interview, including a section 93A transcript and a transcript of a recorded statement; a report by an expert about the person alleged to have committed the offence.\n- (a) a written statement briefly describing the circumstances of a charge or conviction for the offence;\n- (b) a copy or written summary of evidentiary material about the offence;\n- (c) if a charge for the offence was not proceeded with—a written summary of the reasons why the charge was not proceeded with.\n- (a) the person’s name and any other name the chief executive believes the person may use or have used;\n- (b) the person’s gender and date and place of birth.\n- (a) prejudice the investigation of a contravention or possible contravention of the law in a particular case;\n- (b) enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained;\n- (c) prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law;\n- (d) prejudice a prosecution or another matter before a court;\n- (e) endanger a person’s life or physical safety.\n- (a) a summary of the circumstances of the alleged offence prepared by a police officer; Examples— bench charge sheet, QP9\n- (b) a witness statement;\n- (c) an indictment;\n- (d) a record of an interview or a transcript of a record of an interview, including a section 93A transcript and a transcript of a recorded statement;\n- (e) a report by an expert about the person alleged to have committed the offence.","sortOrder":504},{"sectionNumber":"sec.319","sectionType":"section","heading":"Obtaining information from chief executive (corrective services)","content":"### sec.319 Obtaining information from chief executive (corrective services)\n\nThe chief executive (corrective services) must give the chief executive written notice of each person who is or becomes subject to a sexual offender order.\nThe written notice must state the following—\nthe person’s name;\nthat the person is subject to a sexual offender order;\nany other information the chief executive (corrective services) reasonably considers is necessary for the chief executive to perform a function or exercise a power under this chapter.\nThe chief executive (corrective services) and the chief executive may enter into a written arrangement by which written notices are given under subsection (1) .\nWithout limiting subsection (3) , the arrangement may provide for the written notices to be given electronically.\nHowever, if written notices under subsection (1) are to be given electronically and, under an Act, there is a limitation on who may access the information mentioned in the notices or the purposes for which that information may be used, the arrangement must provide for the limitation.\nThe disclosure of information by the chief executive (corrective services) under this section is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information.\nSee sections 384 and 385 for restrictions on disclosing or giving access to information or documents obtained under this Act.\nIn this section—\nchief executive (corrective services) means the chief executive of the department in which the Corrective Services Act 2006 is administered.\ns 319 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\n(sec.319-ssec.1) The chief executive (corrective services) must give the chief executive written notice of each person who is or becomes subject to a sexual offender order.\n(sec.319-ssec.2) The written notice must state the following— the person’s name; that the person is subject to a sexual offender order; any other information the chief executive (corrective services) reasonably considers is necessary for the chief executive to perform a function or exercise a power under this chapter.\n(sec.319-ssec.3) The chief executive (corrective services) and the chief executive may enter into a written arrangement by which written notices are given under subsection (1) .\n(sec.319-ssec.4) Without limiting subsection (3) , the arrangement may provide for the written notices to be given electronically.\n(sec.319-ssec.5) However, if written notices under subsection (1) are to be given electronically and, under an Act, there is a limitation on who may access the information mentioned in the notices or the purposes for which that information may be used, the arrangement must provide for the limitation.\n(sec.319-ssec.6) The disclosure of information by the chief executive (corrective services) under this section is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information. See sections 384 and 385 for restrictions on disclosing or giving access to information or documents obtained under this Act.\n(sec.319-ssec.7) In this section— chief executive (corrective services) means the chief executive of the department in which the Corrective Services Act 2006 is administered.\n- (a) the person’s name;\n- (b) that the person is subject to a sexual offender order;\n- (c) any other information the chief executive (corrective services) reasonably considers is necessary for the chief executive to perform a function or exercise a power under this chapter.","sortOrder":505},{"sectionNumber":"ch.8-pt.6-div.4","sectionType":"division","heading":"Obtaining information from interstate police commissioner, working with children check national reference system or interstate screening unit","content":"## Obtaining information from interstate police commissioner, working with children check national reference system or interstate screening unit","sortOrder":506},{"sectionNumber":"sec.320","sectionType":"section","heading":"Requesting further information about interstate convictions and charges","content":"### sec.320 Requesting further information about interstate convictions and charges\n\nThis section applies if police information about a person obtained under division 2 includes—\na conviction of the person for an offence in another State, including an interstate spent conviction of the person; or\nan interstate charge against the person.\nThe chief executive may ask an interstate police commissioner for a brief description of the circumstances of the conviction or charge.\nThe chief executive’s request may include the following information—\nthe person’s name and any other name the chief executive believes the person may use or have used;\nthe person’s gender and date and place of birth.\nTo remove any doubt, it is declared that this section applies in relation to—\na conviction of a person whether the conviction happened before or after the commencement of this section; and\nan interstate charge against a person whether the offence to which the charge relates was committed or alleged to have been committed before or after the commencement of this section.\nIn this section—\ninterstate charge , made against a person, means a charge against the person for an offence alleged to have been committed by the person against a law of another State or the Commonwealth.\ninterstate police commissioner means the commissioner of a police force or service of another State or the Commonwealth.\ninterstate rehabilitation law means a law applying, or that applied, in another State or the Commonwealth, that provides, or provided, for the same matter as the Criminal Law (Rehabilitation of Offenders) Act 1986 .\ninterstate spent conviction , of a person, means a conviction for an offence committed by the person against a law of another State or the Commonwealth that the person is not required to disclose under an interstate rehabilitation law because—\na rehabilitation period prescribed under that law for the conviction has expired; and\nthe conviction has not been revived under that law.\ns 320 ins 2010 No. 5 s 58\namd 2014 No. 28 ss 55 , 56\n(sec.320-ssec.1) This section applies if police information about a person obtained under division 2 includes— a conviction of the person for an offence in another State, including an interstate spent conviction of the person; or an interstate charge against the person.\n(sec.320-ssec.2) The chief executive may ask an interstate police commissioner for a brief description of the circumstances of the conviction or charge.\n(sec.320-ssec.3) The chief executive’s request may include the following information— the person’s name and any other name the chief executive believes the person may use or have used; the person’s gender and date and place of birth.\n(sec.320-ssec.4) To remove any doubt, it is declared that this section applies in relation to— a conviction of a person whether the conviction happened before or after the commencement of this section; and an interstate charge against a person whether the offence to which the charge relates was committed or alleged to have been committed before or after the commencement of this section.\n(sec.320-ssec.5) In this section— interstate charge , made against a person, means a charge against the person for an offence alleged to have been committed by the person against a law of another State or the Commonwealth. interstate police commissioner means the commissioner of a police force or service of another State or the Commonwealth. interstate rehabilitation law means a law applying, or that applied, in another State or the Commonwealth, that provides, or provided, for the same matter as the Criminal Law (Rehabilitation of Offenders) Act 1986 . interstate spent conviction , of a person, means a conviction for an offence committed by the person against a law of another State or the Commonwealth that the person is not required to disclose under an interstate rehabilitation law because— a rehabilitation period prescribed under that law for the conviction has expired; and the conviction has not been revived under that law.\n- (a) a conviction of the person for an offence in another State, including an interstate spent conviction of the person; or\n- (b) an interstate charge against the person.\n- (a) the person’s name and any other name the chief executive believes the person may use or have used;\n- (b) the person’s gender and date and place of birth.\n- (a) a conviction of a person whether the conviction happened before or after the commencement of this section; and\n- (b) an interstate charge against a person whether the offence to which the charge relates was committed or alleged to have been committed before or after the commencement of this section.\n- (a) a rehabilitation period prescribed under that law for the conviction has expired; and\n- (b) the conviction has not been revived under that law.","sortOrder":507},{"sectionNumber":"sec.320A","sectionType":"section","heading":"Obtaining information from working with children check national reference system","content":"### sec.320A Obtaining information from working with children check national reference system\n\nThe chief executive may access the working with children check national reference system to obtain information about a person mentioned in section 310 if—\nthe chief executive accesses the system and obtains the information under an arrangement between the chief executive and the ACC; and\nthe information is relevant to the performance of the chief executive’s screening functions in relation to the person.\ns 320A ins 2022 No. 7 s 119\n- (a) the chief executive accesses the system and obtains the information under an arrangement between the chief executive and the ACC; and\n- (b) the information is relevant to the performance of the chief executive’s screening functions in relation to the person.","sortOrder":508},{"sectionNumber":"sec.320B","sectionType":"section","heading":"Requesting information from other interstate screening units","content":"### sec.320B Requesting information from other interstate screening units\n\nThis section applies if the chief executive reasonably believes an interstate screening unit has information about a person mentioned in section 310 that is relevant to the performance of the chief executive’s screening functions in relation to the person.\nThe chief executive may ask the interstate screening unit for the information.\nThe chief executive’s request may include the following information—\nthe person’s name and any other name the chief executive believes the person may use or have used;\nthe person’s gender and date and place of birth.\ns 320B ins 2022 No. 7 s 119\n(sec.320B-ssec.1) This section applies if the chief executive reasonably believes an interstate screening unit has information about a person mentioned in section 310 that is relevant to the performance of the chief executive’s screening functions in relation to the person.\n(sec.320B-ssec.2) The chief executive may ask the interstate screening unit for the information.\n(sec.320B-ssec.3) The chief executive’s request may include the following information— the person’s name and any other name the chief executive believes the person may use or have used; the person’s gender and date and place of birth.\n- (a) the person’s name and any other name the chief executive believes the person may use or have used;\n- (b) the person’s gender and date and place of birth.","sortOrder":509},{"sectionNumber":"ch.8-pt.6-div.5","sectionType":"division","heading":"Changes in information or status","content":"## Changes in information or status","sortOrder":510},{"sectionNumber":"sec.321","sectionType":"section","heading":"Acquiring police information","content":"### sec.321 Acquiring police information\n\nFor a person in relation to whom police information does not exist, there is taken to be a change in the person’s police information if the person acquires police information.\ns 321 ins 2010 No. 5 s 58","sortOrder":511},{"sectionNumber":"sec.322","sectionType":"section","heading":null,"content":"### Section sec.322\n\ns 322 ins 2010 No. 5 s 58\namd 2014 No. 28 ss 55 , 56 ; 2019 No. 18 s 86 (1) sch 1\nom 2024 No. 50 s 86","sortOrder":512},{"sectionNumber":"sec.323","sectionType":"section","heading":"Notice of change in police information","content":"### sec.323 Notice of change in police information\n\nThis section applies—\nto a person who—\nholds a working with children authority; or\nhas made a working with children check application; and\nif the person becomes aware that the police information about the person has changed.\nThe person must immediately give a notice that complies with subsection (3) about the change to the chief executive.\nMaximum penalty—100 penalty units.\nThe notice given to the chief executive under subsection (2) must—\nbe given in the approved form and in an approved way; and\nif the person is employed in regulated employment—include information about the employment.\ns 323 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nsub 2019 No. 18 s 50\n(sec.323-ssec.1) This section applies— to a person who— holds a working with children authority; or has made a working with children check application; and if the person becomes aware that the police information about the person has changed.\n(sec.323-ssec.2) The person must immediately give a notice that complies with subsection (3) about the change to the chief executive. Maximum penalty—100 penalty units.\n(sec.323-ssec.3) The notice given to the chief executive under subsection (2) must— be given in the approved form and in an approved way; and if the person is employed in regulated employment—include information about the employment.\n- (a) to a person who— (i) holds a working with children authority; or (ii) has made a working with children check application; and\n- (i) holds a working with children authority; or\n- (ii) has made a working with children check application; and\n- (b) if the person becomes aware that the police information about the person has changed.\n- (i) holds a working with children authority; or\n- (ii) has made a working with children check application; and\n- (a) be given in the approved form and in an approved way; and\n- (b) if the person is employed in regulated employment—include information about the employment.","sortOrder":513},{"sectionNumber":"sec.324","sectionType":"section","heading":null,"content":"### Section sec.324\n\ns 324 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nom 2019 No. 18 s 51","sortOrder":514},{"sectionNumber":"sec.325","sectionType":"section","heading":null,"content":"### Section sec.325\n\ns 325 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nom 2019 No. 18 s 51","sortOrder":515},{"sectionNumber":"sec.326","sectionType":"section","heading":"Police commissioner to advise chief executive if person ceases to be police officer","content":"### sec.326 Police commissioner to advise chief executive if person ceases to be police officer\n\nThis section applies if—\nthe police commissioner is aware that—\nthe person has made a working with children check (exemption) application; or\nthe person holds a working with children exemption; and\nthe person has ceased to be a police officer.\nThe police commissioner must notify the chief executive that the person is no longer a police officer.\ns 326 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55 ; 2019 No. 18 s 86 (1) sch 1\n(sec.326-ssec.1) This section applies if— the police commissioner is aware that— the person has made a working with children check (exemption) application; or the person holds a working with children exemption; and the person has ceased to be a police officer.\n(sec.326-ssec.2) The police commissioner must notify the chief executive that the person is no longer a police officer.\n- (a) the police commissioner is aware that— (i) the person has made a working with children check (exemption) application; or (ii) the person holds a working with children exemption; and\n- (i) the person has made a working with children check (exemption) application; or\n- (ii) the person holds a working with children exemption; and\n- (b) the person has ceased to be a police officer.\n- (i) the person has made a working with children check (exemption) application; or\n- (ii) the person holds a working with children exemption; and","sortOrder":516},{"sectionNumber":"sec.327","sectionType":"section","heading":"Effect of person ceasing to be police officer","content":"### sec.327 Effect of person ceasing to be police officer\n\nThis section applies to a person who is a police officer employed in regulated employment if the person ceases to be a police officer.\nThe person must immediately notify the person’s employer in relation to the regulated employment of the person ceasing to be a police officer.\nMaximum penalty—10 penalty units.\nSee chapter 7 , part 4 , division 2 for offences about the employment of a person who is not a police officer or registered teacher in regulated employment.\nTo remove any doubt, it is declared that—\nit is not a requirement of subsection (2) that the person give the person’s employer any information about the circumstances of the person ceasing to be a police officer other than that it has happened; and\nunless otherwise required under this chapter, it is not a requirement that the employer stop employing the person on receiving the notification.\ns 327 ins 2010 No. 5 s 58\namd 2019 No. 18 s 86 (1) sch 1\n(sec.327-ssec.1) This section applies to a person who is a police officer employed in regulated employment if the person ceases to be a police officer.\n(sec.327-ssec.2) The person must immediately notify the person’s employer in relation to the regulated employment of the person ceasing to be a police officer. Maximum penalty—10 penalty units. See chapter 7 , part 4 , division 2 for offences about the employment of a person who is not a police officer or registered teacher in regulated employment.\n(sec.327-ssec.3) To remove any doubt, it is declared that— it is not a requirement of subsection (2) that the person give the person’s employer any information about the circumstances of the person ceasing to be a police officer other than that it has happened; and unless otherwise required under this chapter, it is not a requirement that the employer stop employing the person on receiving the notification.\n- (a) it is not a requirement of subsection (2) that the person give the person’s employer any information about the circumstances of the person ceasing to be a police officer other than that it has happened; and\n- (b) unless otherwise required under this chapter, it is not a requirement that the employer stop employing the person on receiving the notification.","sortOrder":517},{"sectionNumber":"sec.328","sectionType":"section","heading":"Effect of person ceasing to be registered teacher","content":"### sec.328 Effect of person ceasing to be registered teacher\n\nThis section applies to a person who is a registered teacher employed in regulated employment if the person surrenders the person’s registration under the Education (Queensland College of Teachers) Act 2005 , section 59 .\nThe person must immediately notify the person’s employer in relation to the regulated employment of the surrender.\nMaximum penalty—10 penalty units.\nSee chapter 7 , part 4 , division 2 for offences about the employment of a person who is not a police officer or registered teacher in regulated employment.\nTo remove any doubt, it is declared that—\nit is not a requirement of subsection (2) that the person give the person’s employer any information about the surrender other than that it has happened; and\nunless otherwise required under this chapter, it is not a requirement that the employer stop employing the person on receiving the notification.\ns 328 ins 2010 No. 5 s 58\namd 2019 No. 18 s 86 (1) sch 1\n(sec.328-ssec.1) This section applies to a person who is a registered teacher employed in regulated employment if the person surrenders the person’s registration under the Education (Queensland College of Teachers) Act 2005 , section 59 .\n(sec.328-ssec.2) The person must immediately notify the person’s employer in relation to the regulated employment of the surrender. Maximum penalty—10 penalty units. See chapter 7 , part 4 , division 2 for offences about the employment of a person who is not a police officer or registered teacher in regulated employment.\n(sec.328-ssec.3) To remove any doubt, it is declared that— it is not a requirement of subsection (2) that the person give the person’s employer any information about the surrender other than that it has happened; and unless otherwise required under this chapter, it is not a requirement that the employer stop employing the person on receiving the notification.\n- (a) it is not a requirement of subsection (2) that the person give the person’s employer any information about the surrender other than that it has happened; and\n- (b) unless otherwise required under this chapter, it is not a requirement that the employer stop employing the person on receiving the notification.","sortOrder":518},{"sectionNumber":"sec.328A","sectionType":"section","heading":"Definition for subdivision","content":"### sec.328A Definition for subdivision\n\nIn this subdivision—\nrelevant person means—\na person who has made a working with children check application that has not been decided or withdrawn; or\na person who holds a working with children authority; or\na person who holds a negative notice and has made an application for the notice to be cancelled that has not been decided or withdrawn.\ns 328A ins 2024 No. 50 s 89\n- (a) a person who has made a working with children check application that has not been decided or withdrawn; or\n- (b) a person who holds a working with children authority; or\n- (c) a person who holds a negative notice and has made an application for the notice to be cancelled that has not been decided or withdrawn.","sortOrder":519},{"sectionNumber":"sec.328B","sectionType":"section","heading":"Notification of change in information","content":"### sec.328B Notification of change in information\n\nA relevant person must give written notice to the chief executive of any change in the following within 7 days after the change happens—\nthe person’s name;\nbusiness information relating to the person;\na disclosable matter in relation to the person.\nMaximum penalty—10 penalty units.\nThe notice must be given—\nin the approved form; and\nin an approved way.\nFor subsection (1) (a) , a change in the person’s name includes the following—\nthe person changes the person’s name from the name the person has given to the chief executive;\nthe person starts to use a different name to the name the person has given to the chief executive.\nFor subsection (1) (b) , a change of business information in relation to the person includes the following—\nthe person stops carrying on a business previously advised to the chief executive;\nthe person no longer intends to carry on a business previously advised to the chief executive;\nthe person starts carrying on a regulated business that has not previously been advised to the chief executive.\ns 328B ins 2024 No. 50 s 89\n(sec.328B-ssec.1) A relevant person must give written notice to the chief executive of any change in the following within 7 days after the change happens— the person’s name; business information relating to the person; a disclosable matter in relation to the person. Maximum penalty—10 penalty units.\n(sec.328B-ssec.2) The notice must be given— in the approved form; and in an approved way.\n(sec.328B-ssec.3) For subsection (1) (a) , a change in the person’s name includes the following— the person changes the person’s name from the name the person has given to the chief executive; the person starts to use a different name to the name the person has given to the chief executive.\n(sec.328B-ssec.4) For subsection (1) (b) , a change of business information in relation to the person includes the following— the person stops carrying on a business previously advised to the chief executive; the person no longer intends to carry on a business previously advised to the chief executive; the person starts carrying on a regulated business that has not previously been advised to the chief executive.\n- (a) the person’s name;\n- (b) business information relating to the person;\n- (c) a disclosable matter in relation to the person.\n- (a) in the approved form; and\n- (b) in an approved way.\n- (a) the person changes the person’s name from the name the person has given to the chief executive;\n- (b) the person starts to use a different name to the name the person has given to the chief executive.\n- (a) the person stops carrying on a business previously advised to the chief executive;\n- (b) the person no longer intends to carry on a business previously advised to the chief executive;\n- (c) the person starts carrying on a regulated business that has not previously been advised to the chief executive.","sortOrder":520},{"sectionNumber":"sec.328C","sectionType":"section","heading":"Change of contact details","content":"### sec.328C Change of contact details\n\nA relevant person must give notice to the chief executive of a change in contact details within 7 days after the change happens.\nMaximum penalty—10 penalty units.\nFor subsection (1) , a change of contact details includes a change in the contact details from the contact details the person has given to the chief executive.\nThe notice may be given orally or in writing.\ns 328C ins 2024 No. 50 s 89\n(sec.328C-ssec.1) A relevant person must give notice to the chief executive of a change in contact details within 7 days after the change happens. Maximum penalty—10 penalty units.\n(sec.328C-ssec.2) For subsection (1) , a change of contact details includes a change in the contact details from the contact details the person has given to the chief executive.\n(sec.328C-ssec.3) The notice may be given orally or in writing.","sortOrder":521},{"sectionNumber":"ch.8-pt.6-div.6","sectionType":"division","heading":"Obtaining report about person’s mental health","content":"## Obtaining report about person’s mental health","sortOrder":522},{"sectionNumber":"sec.329","sectionType":"section","heading":"Application of division","content":"### sec.329 Application of division\n\nThis division applies if—\nthe chief executive is deciding whether a person who has been charged with, or convicted of, any of the following poses a risk to the safety of children—\na serious offence or a disqualifying offence;\nan offence, other than a serious offence or a disqualifying offence, relating to or involving a child; and\nthe chief executive reasonably believes it is necessary to consider a report about the person’s mental health prepared under this division for deciding whether the person poses a risk to the safety of children.\nFor subsection (1) (b) , the chief executive may form the reasonable belief only if—\nin relation to the charge or conviction mentioned in subsection (1) (a) —\nthe matter of the person’s mental state relating to the offence has been or was referred to the Mental Health Court or an entity of another State with similar functions to that court; or\na court has ordered the person to undertake treatment of a psychiatric nature; or\na court has been given a report about the person’s mental health prepared by a registered health practitioner; or\nthe chief executive has, under this chapter, been given a report about the person’s mental health prepared by a registered health practitioner.\ns 329 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55 ; 2016 No. 5 s 923 sch 4 ; 2024 No. 50 s 90\n(sec.329-ssec.1) This division applies if— the chief executive is deciding whether a person who has been charged with, or convicted of, any of the following poses a risk to the safety of children— a serious offence or a disqualifying offence; an offence, other than a serious offence or a disqualifying offence, relating to or involving a child; and the chief executive reasonably believes it is necessary to consider a report about the person’s mental health prepared under this division for deciding whether the person poses a risk to the safety of children.\n(sec.329-ssec.2) For subsection (1) (b) , the chief executive may form the reasonable belief only if— in relation to the charge or conviction mentioned in subsection (1) (a) — the matter of the person’s mental state relating to the offence has been or was referred to the Mental Health Court or an entity of another State with similar functions to that court; or a court has ordered the person to undertake treatment of a psychiatric nature; or a court has been given a report about the person’s mental health prepared by a registered health practitioner; or the chief executive has, under this chapter, been given a report about the person’s mental health prepared by a registered health practitioner.\n- (a) the chief executive is deciding whether a person who has been charged with, or convicted of, any of the following poses a risk to the safety of children— (i) a serious offence or a disqualifying offence; (ii) an offence, other than a serious offence or a disqualifying offence, relating to or involving a child; and\n- (i) a serious offence or a disqualifying offence;\n- (ii) an offence, other than a serious offence or a disqualifying offence, relating to or involving a child; and\n- (b) the chief executive reasonably believes it is necessary to consider a report about the person’s mental health prepared under this division for deciding whether the person poses a risk to the safety of children.\n- (i) a serious offence or a disqualifying offence;\n- (ii) an offence, other than a serious offence or a disqualifying offence, relating to or involving a child; and\n- (a) in relation to the charge or conviction mentioned in subsection (1) (a) — (i) the matter of the person’s mental state relating to the offence has been or was referred to the Mental Health Court or an entity of another State with similar functions to that court; or (ii) a court has ordered the person to undertake treatment of a psychiatric nature; or (iii) a court has been given a report about the person’s mental health prepared by a registered health practitioner; or\n- (i) the matter of the person’s mental state relating to the offence has been or was referred to the Mental Health Court or an entity of another State with similar functions to that court; or\n- (ii) a court has ordered the person to undertake treatment of a psychiatric nature; or\n- (iii) a court has been given a report about the person’s mental health prepared by a registered health practitioner; or\n- (b) the chief executive has, under this chapter, been given a report about the person’s mental health prepared by a registered health practitioner.\n- (i) the matter of the person’s mental state relating to the offence has been or was referred to the Mental Health Court or an entity of another State with similar functions to that court; or\n- (ii) a court has ordered the person to undertake treatment of a psychiatric nature; or\n- (iii) a court has been given a report about the person’s mental health prepared by a registered health practitioner; or","sortOrder":523},{"sectionNumber":"sec.330","sectionType":"section","heading":"Chief executive may request person to undergo examination by registered health practitioner etc.","content":"### sec.330 Chief executive may request person to undergo examination by registered health practitioner etc.\n\nThe chief executive may, by written notice, ask the person—\nto undergo an examination by a registered health practitioner nominated by the chief executive, and any further examination required by the health practitioner, so that a report about the person’s mental health can be given to the chief executive under this division; and\nto give the chief executive consent to obtain a report about the person’s mental health from the registered health practitioner who conducts the examination.\nThe notice given under subsection (1) must state the following—\nthe reasons for the chief executive’s request;\nthe name and qualifications of the registered health practitioner nominated by the chief executive to conduct the examination;\nwhen and where the examination is to be conducted;\nthat the health practitioner may require the person to undergo further examinations so that a report about the person’s mental health can be prepared;\nthat the chief executive may consider a report about the person’s mental health prepared under this division in deciding whether the person poses a risk to the safety of children;\nthat the person may withdraw the person’s working with children check application;\nthat, if the person fails to undergo the examination, and any further examination required by the registered health practitioner, or to give the consent mentioned in subsection (1) (b) , either—\nthe chief executive may withdraw the person’s working with children check application; or\nthe chief executive may decide whether the person poses a risk to the safety of children in the absence of a report about the person’s mental health.\nIf the person does not comply with the chief executive’s request under subsection (1) , the chief executive may decide whether the person poses a risk to the safety of children in the absence of a report about the person’s mental health.\nSee also part 3 about the withdrawal of working with children check applications.\ns 330 ins 2010 No. 5 s 58\namd 2014 No. 28 ss 55 , 56 ; 2019 No. 18 s 86 (1) sch 1 ; 2024 No. 50 s 91\n(sec.330-ssec.1) The chief executive may, by written notice, ask the person— to undergo an examination by a registered health practitioner nominated by the chief executive, and any further examination required by the health practitioner, so that a report about the person’s mental health can be given to the chief executive under this division; and to give the chief executive consent to obtain a report about the person’s mental health from the registered health practitioner who conducts the examination.\n(sec.330-ssec.2) The notice given under subsection (1) must state the following— the reasons for the chief executive’s request; the name and qualifications of the registered health practitioner nominated by the chief executive to conduct the examination; when and where the examination is to be conducted; that the health practitioner may require the person to undergo further examinations so that a report about the person’s mental health can be prepared; that the chief executive may consider a report about the person’s mental health prepared under this division in deciding whether the person poses a risk to the safety of children; that the person may withdraw the person’s working with children check application; that, if the person fails to undergo the examination, and any further examination required by the registered health practitioner, or to give the consent mentioned in subsection (1) (b) , either— the chief executive may withdraw the person’s working with children check application; or the chief executive may decide whether the person poses a risk to the safety of children in the absence of a report about the person’s mental health.\n(sec.330-ssec.3) If the person does not comply with the chief executive’s request under subsection (1) , the chief executive may decide whether the person poses a risk to the safety of children in the absence of a report about the person’s mental health. See also part 3 about the withdrawal of working with children check applications.\n- (a) to undergo an examination by a registered health practitioner nominated by the chief executive, and any further examination required by the health practitioner, so that a report about the person’s mental health can be given to the chief executive under this division; and\n- (b) to give the chief executive consent to obtain a report about the person’s mental health from the registered health practitioner who conducts the examination.\n- (a) the reasons for the chief executive’s request;\n- (b) the name and qualifications of the registered health practitioner nominated by the chief executive to conduct the examination;\n- (c) when and where the examination is to be conducted;\n- (d) that the health practitioner may require the person to undergo further examinations so that a report about the person’s mental health can be prepared;\n- (e) that the chief executive may consider a report about the person’s mental health prepared under this division in deciding whether the person poses a risk to the safety of children;\n- (f) that the person may withdraw the person’s working with children check application;\n- (g) that, if the person fails to undergo the examination, and any further examination required by the registered health practitioner, or to give the consent mentioned in subsection (1) (b) , either— (i) the chief executive may withdraw the person’s working with children check application; or (ii) the chief executive may decide whether the person poses a risk to the safety of children in the absence of a report about the person’s mental health.\n- (i) the chief executive may withdraw the person’s working with children check application; or\n- (ii) the chief executive may decide whether the person poses a risk to the safety of children in the absence of a report about the person’s mental health.\n- (i) the chief executive may withdraw the person’s working with children check application; or\n- (ii) the chief executive may decide whether the person poses a risk to the safety of children in the absence of a report about the person’s mental health.","sortOrder":524},{"sectionNumber":"sec.331","sectionType":"section","heading":"Nominating registered health practitioner to conduct examination","content":"### sec.331 Nominating registered health practitioner to conduct examination\n\nThe chief executive may nominate a registered health practitioner to conduct an examination under this division only if the chief executive is reasonably satisfied the health practitioner has the necessary qualifications, expertise or experience to conduct the examination.\ns 331 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55","sortOrder":525},{"sectionNumber":"sec.332","sectionType":"section","heading":"Registered health practitioner obtaining information from Mental Health Court","content":"### sec.332 Registered health practitioner obtaining information from Mental Health Court\n\nThis section applies if—\na person (the charged person ) has been charged with, but not convicted of—\na serious offence or a disqualifying offence; or\nan offence, other than a serious offence or a disqualifying offence, relating to or involving a child; and\nthe matter of the charged person’s mental state relating to the offence has been referred to the Mental Health Court; and\nthe chief executive is reasonably satisfied that it may be necessary or desirable for a registered health practitioner conducting an examination of the charged person under this division to have regard to information mentioned in subsection (2) for preparing a report about the person’s mental health.\nThe chief executive may, by written notice, ask the charged person to give the Mental Health Court consent to give the registered health practitioner the following information—\nthe court’s decision in relation to the reference;\nthe court’s reasons for its decision;\na copy or written summary of any expert’s report about the person received in evidence by the court, including, for example, a medical report, psychiatrist’s report or expert report that accompanied the reference;\ntranscripts of a hearing conducted for the reference that the court has directed may be given to a party to the hearing or another person.\nThe written notice must state the following—\nthe reasons for the chief executive’s request;\nthat, if the person fails to give the consent, the chief executive may withdraw the person’s working with children check application.\nIf the charged person gives the consent, the Mental Health Court may give the information mentioned in subsection (2) to the chief executive for giving it to the registered health practitioner.\nHowever, information or documents given under this section must not include—\nany record of material given to the court under the Mental Health Act 2016 , section 163 , or of how the material was taken into account; or\nthe Mental Health Court’s reasons for taking material mentioned in paragraph (a) into account or not taking the material into account; or\nthe content of an expert report about a person other than the charged person; or\ninformation about a person other than the charged person the Mental Health Court reasonably considers is not relevant to the registered health practitioner preparing a report about the charged person’s mental health.\nAlso, the Mental Health Court must not give information, or a document containing information, under this section if the court is reasonably satisfied that giving the information may do any of the following—\nprejudice an investigation or a matter before the court;\nprejudice the investigation of a contravention or possible contravention of the law in a particular case;\nenable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained;\nprejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law;\nprejudice a prosecution or another matter before another court;\nendanger a person’s life or physical safety;\nadversely affect a person’s mental health.\nIf the chief executive is given information under this section to give to the registered health practitioner, the chief executive—\nmust give the information to the registered health practitioner as soon as possible; and\nmust not use the information for any purpose other than giving it to the registered health practitioner.\nThe giving of information under this section by the Mental Health Court is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information.\nSee sections 334 , 384 and 385 for restrictions on disclosing or giving access to information or documents obtained under this section.\nWithout limiting subsection (8) —\ninformation may be given under this section even if the information can not be disclosed to the charged person under a confidentiality order under the Mental Health Act 2016 , section 696 ; and\nthis section applies in relation to an expert’s report despite the Mental Health Act 2016 , section 160 .\nA decision of the Mental Health Court not to give an expert report about the charged person under this section does not prevent the chief executive applying under the Mental Health Act 2016 , section 160 (2) for leave of the court to give the report to the registered health practitioner.\ns 332 ins 2010 No. 5 s 58\namd 2014 No. 28 ss 55 , 56 ; 2016 No. 5 s 923 sch 4 ; 2019 No. 18 s 86 (1) sch 1 ; 2024 No. 50 s 92\n(sec.332-ssec.1) This section applies if— a person (the charged person ) has been charged with, but not convicted of— a serious offence or a disqualifying offence; or an offence, other than a serious offence or a disqualifying offence, relating to or involving a child; and the matter of the charged person’s mental state relating to the offence has been referred to the Mental Health Court; and the chief executive is reasonably satisfied that it may be necessary or desirable for a registered health practitioner conducting an examination of the charged person under this division to have regard to information mentioned in subsection (2) for preparing a report about the person’s mental health.\n(sec.332-ssec.2) The chief executive may, by written notice, ask the charged person to give the Mental Health Court consent to give the registered health practitioner the following information— the court’s decision in relation to the reference; the court’s reasons for its decision; a copy or written summary of any expert’s report about the person received in evidence by the court, including, for example, a medical report, psychiatrist’s report or expert report that accompanied the reference; transcripts of a hearing conducted for the reference that the court has directed may be given to a party to the hearing or another person.\n(sec.332-ssec.3) The written notice must state the following— the reasons for the chief executive’s request; that, if the person fails to give the consent, the chief executive may withdraw the person’s working with children check application.\n(sec.332-ssec.4) If the charged person gives the consent, the Mental Health Court may give the information mentioned in subsection (2) to the chief executive for giving it to the registered health practitioner.\n(sec.332-ssec.5) However, information or documents given under this section must not include— any record of material given to the court under the Mental Health Act 2016 , section 163 , or of how the material was taken into account; or the Mental Health Court’s reasons for taking material mentioned in paragraph (a) into account or not taking the material into account; or the content of an expert report about a person other than the charged person; or information about a person other than the charged person the Mental Health Court reasonably considers is not relevant to the registered health practitioner preparing a report about the charged person’s mental health.\n(sec.332-ssec.6) Also, the Mental Health Court must not give information, or a document containing information, under this section if the court is reasonably satisfied that giving the information may do any of the following— prejudice an investigation or a matter before the court; prejudice the investigation of a contravention or possible contravention of the law in a particular case; enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; prejudice a prosecution or another matter before another court; endanger a person’s life or physical safety; adversely affect a person’s mental health.\n(sec.332-ssec.7) If the chief executive is given information under this section to give to the registered health practitioner, the chief executive— must give the information to the registered health practitioner as soon as possible; and must not use the information for any purpose other than giving it to the registered health practitioner.\n(sec.332-ssec.8) The giving of information under this section by the Mental Health Court is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information. See sections 334 , 384 and 385 for restrictions on disclosing or giving access to information or documents obtained under this section.\n(sec.332-ssec.9) Without limiting subsection (8) — information may be given under this section even if the information can not be disclosed to the charged person under a confidentiality order under the Mental Health Act 2016 , section 696 ; and this section applies in relation to an expert’s report despite the Mental Health Act 2016 , section 160 .\n(sec.332-ssec.10) A decision of the Mental Health Court not to give an expert report about the charged person under this section does not prevent the chief executive applying under the Mental Health Act 2016 , section 160 (2) for leave of the court to give the report to the registered health practitioner.\n- (a) a person (the charged person ) has been charged with, but not convicted of— (i) a serious offence or a disqualifying offence; or (ii) an offence, other than a serious offence or a disqualifying offence, relating to or involving a child; and\n- (i) a serious offence or a disqualifying offence; or\n- (ii) an offence, other than a serious offence or a disqualifying offence, relating to or involving a child; and\n- (b) the matter of the charged person’s mental state relating to the offence has been referred to the Mental Health Court; and\n- (c) the chief executive is reasonably satisfied that it may be necessary or desirable for a registered health practitioner conducting an examination of the charged person under this division to have regard to information mentioned in subsection (2) for preparing a report about the person’s mental health.\n- (i) a serious offence or a disqualifying offence; or\n- (ii) an offence, other than a serious offence or a disqualifying offence, relating to or involving a child; and\n- (a) the court’s decision in relation to the reference;\n- (b) the court’s reasons for its decision;\n- (c) a copy or written summary of any expert’s report about the person received in evidence by the court, including, for example, a medical report, psychiatrist’s report or expert report that accompanied the reference;\n- (d) transcripts of a hearing conducted for the reference that the court has directed may be given to a party to the hearing or another person.\n- (a) the reasons for the chief executive’s request;\n- (b) that, if the person fails to give the consent, the chief executive may withdraw the person’s working with children check application.\n- (a) any record of material given to the court under the Mental Health Act 2016 , section 163 , or of how the material was taken into account; or\n- (b) the Mental Health Court’s reasons for taking material mentioned in paragraph (a) into account or not taking the material into account; or\n- (c) the content of an expert report about a person other than the charged person; or\n- (d) information about a person other than the charged person the Mental Health Court reasonably considers is not relevant to the registered health practitioner preparing a report about the charged person’s mental health.\n- (a) prejudice an investigation or a matter before the court;\n- (b) prejudice the investigation of a contravention or possible contravention of the law in a particular case;\n- (c) enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained;\n- (d) prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law;\n- (e) prejudice a prosecution or another matter before another court;\n- (f) endanger a person’s life or physical safety;\n- (g) adversely affect a person’s mental health.\n- (a) must give the information to the registered health practitioner as soon as possible; and\n- (b) must not use the information for any purpose other than giving it to the registered health practitioner.\n- (a) information may be given under this section even if the information can not be disclosed to the charged person under a confidentiality order under the Mental Health Act 2016 , section 696 ; and\n- (b) this section applies in relation to an expert’s report despite the Mental Health Act 2016 , section 160 .","sortOrder":526},{"sectionNumber":"sec.333","sectionType":"section","heading":"Registered health practitioner obtaining information from Mental Health Review Tribunal","content":"### sec.333 Registered health practitioner obtaining information from Mental Health Review Tribunal\n\nThis section applies if—\na person (the charged person ) has been charged with, but not convicted of—\na serious offence or a disqualifying offence; or\nan offence, other than a serious offence or a disqualifying offence, relating to or involving a child; and\nthe Mental Health Review Tribunal has reviewed a forensic order to which the person is subject, or the person’s fitness for trial, under the Mental Health Act 2016 , chapter 12 , part 3 , 4 or 6 ; and\nthe chief executive is reasonably satisfied that it may be necessary or desirable for the registered health practitioner conducting an examination of the charged person under this division to have regard to information mentioned in subsection (2) for preparing a report about the person’s mental health.\nThe chief executive may, by written notice, ask the charged person to give the Mental Health Review Tribunal consent to give the registered health practitioner the following information—\nthe tribunal’s decision on the review;\nthe tribunal’s reasons for the decision;\na copy or written summary of any expert’s report about the charged person received by the tribunal in the proceeding for the review, including, for example, a report about an examination of the person by a psychiatrist or other person mentioned in the Mental Health Act 2016 , section 454 ;\ntranscripts of a hearing conducted for the review that the tribunal has directed may be given to a party to the hearing or another person.\nThe written notice must state the following—\nthe reasons for the chief executive’s request;\nthat, if the person fails to give the consent, the chief executive may withdraw the person’s working with children check application.\nIf the person gives the consent, the Mental Health Review Tribunal may give the information mentioned in subsection (2) to the chief executive for giving it to the registered health practitioner.\nHowever, information or documents given under this section must not include—\nany record of material given to the tribunal under the Mental Health Act 2016 , section 155 or 742 , or of how the material was taken into account; or\nthe Mental Health Review Tribunal’s reasons for taking material mentioned in paragraph (a) into account or not taking the material into account; or\nthe content of an expert report about a person other than the charged person; or\ninformation about a person other than the charged person the Mental Health Review Tribunal reasonably considers is not relevant to the registered health practitioner preparing a report about the charged person’s mental health.\nAlso, the Mental Health Review Tribunal must not give information, or a document containing information, under this section if the tribunal is reasonably satisfied that giving the information may do any of the following—\nprejudice a matter before the tribunal;\nprejudice the investigation of a contravention or possible contravention of the law in a particular case;\nenable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained;\nprejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law;\nprejudice a prosecution or another matter before a court;\nendanger a person’s life or physical safety;\nadversely affect a person’s mental health.\nIf the chief executive is given information under this section to give to a registered health practitioner, the chief executive—\nmust give the information to the registered health practitioner as soon as possible; and\nmust not use the information for any purpose other than giving it to the registered health practitioner.\nThe giving of information under this section by the Mental Health Review Tribunal is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information.\nSee sections 334 , 384 and 385 for restrictions on disclosing or giving access to information or documents obtained under this section.\nWithout limiting subsection (8) , information may be given under this section even if the information can not be disclosed to the charged person under a confidentiality order under the Mental Health Act 2016 , section 722 .\ns 333 ins 2010 No. 5 s 58\namd 2014 No. 28 ss 55 , 56 ; 2016 No. 5 s 923 sch 4 ; 2019 No. 18 s 86 (1) sch 1 ; 2024 No. 50 s 93\n(sec.333-ssec.1) This section applies if— a person (the charged person ) has been charged with, but not convicted of— a serious offence or a disqualifying offence; or an offence, other than a serious offence or a disqualifying offence, relating to or involving a child; and the Mental Health Review Tribunal has reviewed a forensic order to which the person is subject, or the person’s fitness for trial, under the Mental Health Act 2016 , chapter 12 , part 3 , 4 or 6 ; and the chief executive is reasonably satisfied that it may be necessary or desirable for the registered health practitioner conducting an examination of the charged person under this division to have regard to information mentioned in subsection (2) for preparing a report about the person’s mental health.\n(sec.333-ssec.2) The chief executive may, by written notice, ask the charged person to give the Mental Health Review Tribunal consent to give the registered health practitioner the following information— the tribunal’s decision on the review; the tribunal’s reasons for the decision; a copy or written summary of any expert’s report about the charged person received by the tribunal in the proceeding for the review, including, for example, a report about an examination of the person by a psychiatrist or other person mentioned in the Mental Health Act 2016 , section 454 ; transcripts of a hearing conducted for the review that the tribunal has directed may be given to a party to the hearing or another person.\n(sec.333-ssec.3) The written notice must state the following— the reasons for the chief executive’s request; that, if the person fails to give the consent, the chief executive may withdraw the person’s working with children check application.\n(sec.333-ssec.4) If the person gives the consent, the Mental Health Review Tribunal may give the information mentioned in subsection (2) to the chief executive for giving it to the registered health practitioner.\n(sec.333-ssec.5) However, information or documents given under this section must not include— any record of material given to the tribunal under the Mental Health Act 2016 , section 155 or 742 , or of how the material was taken into account; or the Mental Health Review Tribunal’s reasons for taking material mentioned in paragraph (a) into account or not taking the material into account; or the content of an expert report about a person other than the charged person; or information about a person other than the charged person the Mental Health Review Tribunal reasonably considers is not relevant to the registered health practitioner preparing a report about the charged person’s mental health.\n(sec.333-ssec.6) Also, the Mental Health Review Tribunal must not give information, or a document containing information, under this section if the tribunal is reasonably satisfied that giving the information may do any of the following— prejudice a matter before the tribunal; prejudice the investigation of a contravention or possible contravention of the law in a particular case; enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; prejudice a prosecution or another matter before a court; endanger a person’s life or physical safety; adversely affect a person’s mental health.\n(sec.333-ssec.7) If the chief executive is given information under this section to give to a registered health practitioner, the chief executive— must give the information to the registered health practitioner as soon as possible; and must not use the information for any purpose other than giving it to the registered health practitioner.\n(sec.333-ssec.8) The giving of information under this section by the Mental Health Review Tribunal is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information. See sections 334 , 384 and 385 for restrictions on disclosing or giving access to information or documents obtained under this section.\n(sec.333-ssec.9) Without limiting subsection (8) , information may be given under this section even if the information can not be disclosed to the charged person under a confidentiality order under the Mental Health Act 2016 , section 722 .\n- (a) a person (the charged person ) has been charged with, but not convicted of— (i) a serious offence or a disqualifying offence; or (ii) an offence, other than a serious offence or a disqualifying offence, relating to or involving a child; and\n- (i) a serious offence or a disqualifying offence; or\n- (ii) an offence, other than a serious offence or a disqualifying offence, relating to or involving a child; and\n- (b) the Mental Health Review Tribunal has reviewed a forensic order to which the person is subject, or the person’s fitness for trial, under the Mental Health Act 2016 , chapter 12 , part 3 , 4 or 6 ; and\n- (c) the chief executive is reasonably satisfied that it may be necessary or desirable for the registered health practitioner conducting an examination of the charged person under this division to have regard to information mentioned in subsection (2) for preparing a report about the person’s mental health.\n- (i) a serious offence or a disqualifying offence; or\n- (ii) an offence, other than a serious offence or a disqualifying offence, relating to or involving a child; and\n- (a) the tribunal’s decision on the review;\n- (b) the tribunal’s reasons for the decision;\n- (c) a copy or written summary of any expert’s report about the charged person received by the tribunal in the proceeding for the review, including, for example, a report about an examination of the person by a psychiatrist or other person mentioned in the Mental Health Act 2016 , section 454 ;\n- (d) transcripts of a hearing conducted for the review that the tribunal has directed may be given to a party to the hearing or another person.\n- (a) the reasons for the chief executive’s request;\n- (b) that, if the person fails to give the consent, the chief executive may withdraw the person’s working with children check application.\n- (a) any record of material given to the tribunal under the Mental Health Act 2016 , section 155 or 742 , or of how the material was taken into account; or\n- (b) the Mental Health Review Tribunal’s reasons for taking material mentioned in paragraph (a) into account or not taking the material into account; or\n- (c) the content of an expert report about a person other than the charged person; or\n- (d) information about a person other than the charged person the Mental Health Review Tribunal reasonably considers is not relevant to the registered health practitioner preparing a report about the charged person’s mental health.\n- (a) prejudice a matter before the tribunal;\n- (b) prejudice the investigation of a contravention or possible contravention of the law in a particular case;\n- (c) enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained;\n- (d) prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law;\n- (e) prejudice a prosecution or another matter before a court;\n- (f) endanger a person’s life or physical safety;\n- (g) adversely affect a person’s mental health.\n- (a) must give the information to the registered health practitioner as soon as possible; and\n- (b) must not use the information for any purpose other than giving it to the registered health practitioner.","sortOrder":527},{"sectionNumber":"sec.334","sectionType":"section","heading":"Use of information obtained from Mental Health Court or Mental Health Review Tribunal","content":"### sec.334 Use of information obtained from Mental Health Court or Mental Health Review Tribunal\n\nThis section applies if the chief executive gives a registered health practitioner information or a document about a person given to the chief executive—\nby the Mental Health Court under section 332 ; or\nby the Mental Health Review Tribunal under section 333 .\nThe registered health practitioner must not—\nmake a record of the information or information in the document; or\ndisclose the information or information in the document to anyone; or\ngive anyone access to the document; or\ninclude any details of the information, or information in the document, in the report about the person’s mental health prepared under this division.\nMaximum penalty—100 penalty units.\ns 334 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\n(sec.334-ssec.1) This section applies if the chief executive gives a registered health practitioner information or a document about a person given to the chief executive— by the Mental Health Court under section 332 ; or by the Mental Health Review Tribunal under section 333 .\n(sec.334-ssec.2) The registered health practitioner must not— make a record of the information or information in the document; or disclose the information or information in the document to anyone; or give anyone access to the document; or include any details of the information, or information in the document, in the report about the person’s mental health prepared under this division. Maximum penalty—100 penalty units.\n- (a) by the Mental Health Court under section 332 ; or\n- (b) by the Mental Health Review Tribunal under section 333 .\n- (a) make a record of the information or information in the document; or\n- (b) disclose the information or information in the document to anyone; or\n- (c) give anyone access to the document; or\n- (d) include any details of the information, or information in the document, in the report about the person’s mental health prepared under this division.","sortOrder":528},{"sectionNumber":"sec.335","sectionType":"section","heading":"Chief executive may obtain report about person’s mental health from registered health practitioner","content":"### sec.335 Chief executive may obtain report about person’s mental health from registered health practitioner\n\nThis section applies if a person gives the chief executive consent as mentioned in section 330 (1) (b) in relation to an examination of the person conducted under this division.\nThe chief executive may ask the registered health practitioner who conducts the examination to give a report about the person’s mental health to the chief executive, and the registered health practitioner may give the report to the chief executive.\nThe giving of a report under this section by a registered health practitioner is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the examination.\nSee sections 384 and 385 for restrictions on disclosing or giving access to information or documents obtained under this Act.\ns 335 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\n(sec.335-ssec.1) This section applies if a person gives the chief executive consent as mentioned in section 330 (1) (b) in relation to an examination of the person conducted under this division.\n(sec.335-ssec.2) The chief executive may ask the registered health practitioner who conducts the examination to give a report about the person’s mental health to the chief executive, and the registered health practitioner may give the report to the chief executive.\n(sec.335-ssec.3) The giving of a report under this section by a registered health practitioner is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the examination. See sections 384 and 385 for restrictions on disclosing or giving access to information or documents obtained under this Act.","sortOrder":529},{"sectionNumber":"sec.336","sectionType":"section","heading":"Chief executive to bear medical costs","content":"### sec.336 Chief executive to bear medical costs\n\nThe chief executive must bear the medical costs for obtaining a report from a registered health practitioner under this division.\nIn this section—\nmedical costs , for obtaining a report from a registered health practitioner under this division, means amounts charged by the health practitioner to—\nconduct an examination for preparing the report; or\nprepare the report.\ns 336 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\n(sec.336-ssec.1) The chief executive must bear the medical costs for obtaining a report from a registered health practitioner under this division.\n(sec.336-ssec.2) In this section— medical costs , for obtaining a report from a registered health practitioner under this division, means amounts charged by the health practitioner to— conduct an examination for preparing the report; or prepare the report.\n- (a) conduct an examination for preparing the report; or\n- (b) prepare the report.","sortOrder":530},{"sectionNumber":"ch.8-pt.6-div.7","sectionType":"division","heading":"Obtaining other information about person’s mental health","content":"## Obtaining other information about person’s mental health","sortOrder":531},{"sectionNumber":"sec.337","sectionType":"section","heading":"Chief executive may obtain particular information from Mental Health Court","content":"### sec.337 Chief executive may obtain particular information from Mental Health Court\n\nThis section applies if—\nthe chief executive is deciding whether a person (the charged person ) who has been charged with, but not convicted of, 1 of the following poses a risk to the safety of children—\na serious offence;\na disqualifying offence;\nan offence, other than a serious offence or a disqualifying offence, relating to or involving a child; and\nthe matter of the charged person’s mental state relating to the offence has been referred to the Mental Health Court; and\nthe chief executive has the charged person’s consent to obtain information about the person from the Mental Health Court under this section.\nThe chief executive may ask the Mental Health Court for the following ( requested information )—\nthe court’s decision in relation to the reference;\nthe court’s reasons for its decision;\na copy or written summary of any expert’s report about the charged person received in evidence by the court, including, for example, a medical report, psychiatrist’s report or expert report that accompanied the reference;\ntranscripts of a hearing conducted for the reference that the court has directed may be given to a party to the hearing or another person.\nThe Mental Health Court may comply with the request if the court reasonably considers the requested information may help the chief executive in deciding whether the charged person poses a risk to the safety of children.\nHowever, the information or documents given to the chief executive for complying with the request must not include—\nany record of material given to the court under the Mental Health Act 2016 , section 163 , or of how the material was taken into account; or\nthe Mental Health Court’s reasons for taking material mentioned in paragraph (a) into account or not taking the material into account; or\ninformation that can not be disclosed to the charged person under a confidentiality order under the Mental Health Act 2016 , section 696 ; or\nthe content of an expert report about a person other than the charged person; or\ninformation about a person other than the charged person that the Mental Health Court reasonably considers is not relevant to the chief executive deciding whether the charged person poses a risk to the safety of children.\nAlso, the Mental Health Court must not give information, or a document containing information, to the chief executive under this section if the court is reasonably satisfied that giving the information may do any of the following—\nprejudice an investigation or a matter before the court;\nprejudice the investigation of a contravention or possible contravention of the law in a particular case;\nenable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained;\nprejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law;\nprejudice a prosecution or another matter before another court;\nendanger a person’s life or physical safety;\nadversely affect a person’s mental health.\nThe giving of information under this section by the Mental Health Court is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information.\nSee sections 384 and 385 for restrictions on disclosing or giving access to information or documents obtained under this chapter.\nWithout limiting subsection (6) , this section applies in relation to an expert’s report despite the Mental Health Act 2016 , section 160 .\nA decision of the Mental Health Court not to give the chief executive an expert report about the charged person under this section does not prevent the chief executive applying under the Mental Health Act 2016 , section 160(2) for leave of the court to give the report to the chief executive.\ns 337 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55 ; 2016 No. 5 s 923 sch 4 ; 2024 No. 50 s 94\n(sec.337-ssec.1) This section applies if— the chief executive is deciding whether a person (the charged person ) who has been charged with, but not convicted of, 1 of the following poses a risk to the safety of children— a serious offence; a disqualifying offence; an offence, other than a serious offence or a disqualifying offence, relating to or involving a child; and the matter of the charged person’s mental state relating to the offence has been referred to the Mental Health Court; and the chief executive has the charged person’s consent to obtain information about the person from the Mental Health Court under this section.\n(sec.337-ssec.2) The chief executive may ask the Mental Health Court for the following ( requested information )— the court’s decision in relation to the reference; the court’s reasons for its decision; a copy or written summary of any expert’s report about the charged person received in evidence by the court, including, for example, a medical report, psychiatrist’s report or expert report that accompanied the reference; transcripts of a hearing conducted for the reference that the court has directed may be given to a party to the hearing or another person.\n(sec.337-ssec.3) The Mental Health Court may comply with the request if the court reasonably considers the requested information may help the chief executive in deciding whether the charged person poses a risk to the safety of children.\n(sec.337-ssec.4) However, the information or documents given to the chief executive for complying with the request must not include— any record of material given to the court under the Mental Health Act 2016 , section 163 , or of how the material was taken into account; or the Mental Health Court’s reasons for taking material mentioned in paragraph (a) into account or not taking the material into account; or information that can not be disclosed to the charged person under a confidentiality order under the Mental Health Act 2016 , section 696 ; or the content of an expert report about a person other than the charged person; or information about a person other than the charged person that the Mental Health Court reasonably considers is not relevant to the chief executive deciding whether the charged person poses a risk to the safety of children.\n(sec.337-ssec.5) Also, the Mental Health Court must not give information, or a document containing information, to the chief executive under this section if the court is reasonably satisfied that giving the information may do any of the following— prejudice an investigation or a matter before the court; prejudice the investigation of a contravention or possible contravention of the law in a particular case; enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; prejudice a prosecution or another matter before another court; endanger a person’s life or physical safety; adversely affect a person’s mental health.\n(sec.337-ssec.6) The giving of information under this section by the Mental Health Court is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information. See sections 384 and 385 for restrictions on disclosing or giving access to information or documents obtained under this chapter.\n(sec.337-ssec.7) Without limiting subsection (6) , this section applies in relation to an expert’s report despite the Mental Health Act 2016 , section 160 .\n(sec.337-ssec.8) A decision of the Mental Health Court not to give the chief executive an expert report about the charged person under this section does not prevent the chief executive applying under the Mental Health Act 2016 , section 160(2) for leave of the court to give the report to the chief executive.\n- (a) the chief executive is deciding whether a person (the charged person ) who has been charged with, but not convicted of, 1 of the following poses a risk to the safety of children— (i) a serious offence; (ii) a disqualifying offence; (iii) an offence, other than a serious offence or a disqualifying offence, relating to or involving a child; and\n- (i) a serious offence;\n- (ii) a disqualifying offence;\n- (iii) an offence, other than a serious offence or a disqualifying offence, relating to or involving a child; and\n- (b) the matter of the charged person’s mental state relating to the offence has been referred to the Mental Health Court; and\n- (c) the chief executive has the charged person’s consent to obtain information about the person from the Mental Health Court under this section.\n- (i) a serious offence;\n- (ii) a disqualifying offence;\n- (iii) an offence, other than a serious offence or a disqualifying offence, relating to or involving a child; and\n- (a) the court’s decision in relation to the reference;\n- (b) the court’s reasons for its decision;\n- (c) a copy or written summary of any expert’s report about the charged person received in evidence by the court, including, for example, a medical report, psychiatrist’s report or expert report that accompanied the reference;\n- (d) transcripts of a hearing conducted for the reference that the court has directed may be given to a party to the hearing or another person.\n- (a) any record of material given to the court under the Mental Health Act 2016 , section 163 , or of how the material was taken into account; or\n- (b) the Mental Health Court’s reasons for taking material mentioned in paragraph (a) into account or not taking the material into account; or\n- (c) information that can not be disclosed to the charged person under a confidentiality order under the Mental Health Act 2016 , section 696 ; or\n- (d) the content of an expert report about a person other than the charged person; or\n- (e) information about a person other than the charged person that the Mental Health Court reasonably considers is not relevant to the chief executive deciding whether the charged person poses a risk to the safety of children.\n- (a) prejudice an investigation or a matter before the court;\n- (b) prejudice the investigation of a contravention or possible contravention of the law in a particular case;\n- (c) enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained;\n- (d) prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law;\n- (e) prejudice a prosecution or another matter before another court;\n- (f) endanger a person’s life or physical safety;\n- (g) adversely affect a person’s mental health.","sortOrder":532},{"sectionNumber":"sec.338","sectionType":"section","heading":"Chief executive may obtain particular information from Mental Health Review Tribunal","content":"### sec.338 Chief executive may obtain particular information from Mental Health Review Tribunal\n\nThis section applies if—\nthe chief executive is deciding whether a person (the charged person ) who has been charged with, but not convicted of, 1 of the following poses a risk to the safety of children—\na serious offence;\na disqualifying offence;\nan offence, other than a serious offence or a disqualifying offence, relating to or involving a child; and\nthe Mental Health Review Tribunal has reviewed a forensic order to which the person is subject, or the person’s fitness for trial, under the Mental Health Act 2016 , chapter 12 , part 3 , 4 or 6 ; and\nthe chief executive has the charged person’s consent to obtain information about the person from the Mental Health Review Tribunal under this section.\nThe chief executive may ask the Mental Health Review Tribunal for the following (the requested information )—\nthe tribunal’s decision on the review;\nthe tribunal’s reasons for the decision;\na copy or written summary of any expert’s report about the charged person received by the tribunal in the proceeding for the review, including, for example, a report about an examination of the person by a psychiatrist or other person mentioned in the Mental Health Act 2016 , section 454 ;\ntranscripts of a hearing conducted for the review that the tribunal has directed may be given to a party to the hearing or another person.\nThe Mental Health Review Tribunal may comply with the request if the tribunal reasonably considers the requested information may help the chief executive in deciding whether the charged person poses a risk to the safety of children.\nHowever, the information or documents given to the chief executive for complying with the request must not include—\nany record of material given to the tribunal under the Mental Health Act 2016 , section 155 or 742 , or of how the material was taken into account; or\nthe tribunal’s reasons for taking material mentioned in paragraph (a) into account or not taking the material into account; or\ninformation that can not be disclosed to the charged person under a confidentiality order under the Mental Health Act 2016 , section 722 ; or\nthe content of an expert report about a person other than the charged person; or\ninformation about a person other than the charged person that the Mental Health Review Tribunal reasonably considers is not relevant to the chief executive deciding whether the charged person poses a risk to the safety of children.\nAlso, the Mental Health Review Tribunal must not give information, or a document containing information, to the chief executive under this section if the tribunal is reasonably satisfied that giving the information may do any of the following—\nprejudice a matter before the tribunal;\nprejudice the investigation of a contravention or possible contravention of the law in a particular case;\nenable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained;\nprejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law;\nprejudice a prosecution or another matter before a court;\nendanger a person’s life or physical safety;\nadversely affect a person’s mental health.\nThe giving of information under this section by the Mental Health Review Tribunal is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information.\nSee sections 384 and 385 for restrictions on disclosing or giving access to information or documents obtained under this chapter.\ns 338 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55 ; 2016 No. 5 s 923 sch 4 ; 2024 No. 50 s 95\n(sec.338-ssec.1) This section applies if— the chief executive is deciding whether a person (the charged person ) who has been charged with, but not convicted of, 1 of the following poses a risk to the safety of children— a serious offence; a disqualifying offence; an offence, other than a serious offence or a disqualifying offence, relating to or involving a child; and the Mental Health Review Tribunal has reviewed a forensic order to which the person is subject, or the person’s fitness for trial, under the Mental Health Act 2016 , chapter 12 , part 3 , 4 or 6 ; and the chief executive has the charged person’s consent to obtain information about the person from the Mental Health Review Tribunal under this section.\n(sec.338-ssec.2) The chief executive may ask the Mental Health Review Tribunal for the following (the requested information )— the tribunal’s decision on the review; the tribunal’s reasons for the decision; a copy or written summary of any expert’s report about the charged person received by the tribunal in the proceeding for the review, including, for example, a report about an examination of the person by a psychiatrist or other person mentioned in the Mental Health Act 2016 , section 454 ; transcripts of a hearing conducted for the review that the tribunal has directed may be given to a party to the hearing or another person.\n(sec.338-ssec.3) The Mental Health Review Tribunal may comply with the request if the tribunal reasonably considers the requested information may help the chief executive in deciding whether the charged person poses a risk to the safety of children.\n(sec.338-ssec.4) However, the information or documents given to the chief executive for complying with the request must not include— any record of material given to the tribunal under the Mental Health Act 2016 , section 155 or 742 , or of how the material was taken into account; or the tribunal’s reasons for taking material mentioned in paragraph (a) into account or not taking the material into account; or information that can not be disclosed to the charged person under a confidentiality order under the Mental Health Act 2016 , section 722 ; or the content of an expert report about a person other than the charged person; or information about a person other than the charged person that the Mental Health Review Tribunal reasonably considers is not relevant to the chief executive deciding whether the charged person poses a risk to the safety of children.\n(sec.338-ssec.5) Also, the Mental Health Review Tribunal must not give information, or a document containing information, to the chief executive under this section if the tribunal is reasonably satisfied that giving the information may do any of the following— prejudice a matter before the tribunal; prejudice the investigation of a contravention or possible contravention of the law in a particular case; enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; prejudice a prosecution or another matter before a court; endanger a person’s life or physical safety; adversely affect a person’s mental health.\n(sec.338-ssec.6) The giving of information under this section by the Mental Health Review Tribunal is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information. See sections 384 and 385 for restrictions on disclosing or giving access to information or documents obtained under this chapter.\n- (a) the chief executive is deciding whether a person (the charged person ) who has been charged with, but not convicted of, 1 of the following poses a risk to the safety of children— (i) a serious offence; (ii) a disqualifying offence; (iii) an offence, other than a serious offence or a disqualifying offence, relating to or involving a child; and\n- (i) a serious offence;\n- (ii) a disqualifying offence;\n- (iii) an offence, other than a serious offence or a disqualifying offence, relating to or involving a child; and\n- (b) the Mental Health Review Tribunal has reviewed a forensic order to which the person is subject, or the person’s fitness for trial, under the Mental Health Act 2016 , chapter 12 , part 3 , 4 or 6 ; and\n- (c) the chief executive has the charged person’s consent to obtain information about the person from the Mental Health Review Tribunal under this section.\n- (i) a serious offence;\n- (ii) a disqualifying offence;\n- (iii) an offence, other than a serious offence or a disqualifying offence, relating to or involving a child; and\n- (a) the tribunal’s decision on the review;\n- (b) the tribunal’s reasons for the decision;\n- (c) a copy or written summary of any expert’s report about the charged person received by the tribunal in the proceeding for the review, including, for example, a report about an examination of the person by a psychiatrist or other person mentioned in the Mental Health Act 2016 , section 454 ;\n- (d) transcripts of a hearing conducted for the review that the tribunal has directed may be given to a party to the hearing or another person.\n- (a) any record of material given to the tribunal under the Mental Health Act 2016 , section 155 or 742 , or of how the material was taken into account; or\n- (b) the tribunal’s reasons for taking material mentioned in paragraph (a) into account or not taking the material into account; or\n- (c) information that can not be disclosed to the charged person under a confidentiality order under the Mental Health Act 2016 , section 722 ; or\n- (d) the content of an expert report about a person other than the charged person; or\n- (e) information about a person other than the charged person that the Mental Health Review Tribunal reasonably considers is not relevant to the chief executive deciding whether the charged person poses a risk to the safety of children.\n- (a) prejudice a matter before the tribunal;\n- (b) prejudice the investigation of a contravention or possible contravention of the law in a particular case;\n- (c) enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained;\n- (d) prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law;\n- (e) prejudice a prosecution or another matter before a court;\n- (f) endanger a person’s life or physical safety;\n- (g) adversely affect a person’s mental health.","sortOrder":533},{"sectionNumber":"ch.8-pt.6-div.8","sectionType":"division","heading":"Giving information to police commissioner and other State entities","content":"## Giving information to police commissioner and other State entities","sortOrder":534},{"sectionNumber":"sec.340","sectionType":"section","heading":"Chief executive must give police commissioner a person’s current address","content":"### sec.340 Chief executive must give police commissioner a person’s current address\n\nThe chief executive must, on written application of the police commissioner, give the police commissioner information about an address for a person if—\nthe chief executive has an address for the person that is different to the address stated by the police commissioner in the application; and\neither of the following applies—\nthe police commissioner is, under this chapter, required to give a notice to the person;\nthe chief executive reasonably believes the giving of the information will help the police commissioner to verify the person’s identity for giving police information to the chief executive under this chapter.\nDespite section 316 , information given to the police commissioner under this section must not be used, disclosed or accessed for any purpose other than a purpose mentioned in subsection (1) (b) .\ns 340 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\n(sec.340-ssec.1) The chief executive must, on written application of the police commissioner, give the police commissioner information about an address for a person if— the chief executive has an address for the person that is different to the address stated by the police commissioner in the application; and either of the following applies— the police commissioner is, under this chapter, required to give a notice to the person; the chief executive reasonably believes the giving of the information will help the police commissioner to verify the person’s identity for giving police information to the chief executive under this chapter.\n(sec.340-ssec.2) Despite section 316 , information given to the police commissioner under this section must not be used, disclosed or accessed for any purpose other than a purpose mentioned in subsection (1) (b) .\n- (a) the chief executive has an address for the person that is different to the address stated by the police commissioner in the application; and\n- (b) either of the following applies— (i) the police commissioner is, under this chapter, required to give a notice to the person; (ii) the chief executive reasonably believes the giving of the information will help the police commissioner to verify the person’s identity for giving police information to the chief executive under this chapter.\n- (i) the police commissioner is, under this chapter, required to give a notice to the person;\n- (ii) the chief executive reasonably believes the giving of the information will help the police commissioner to verify the person’s identity for giving police information to the chief executive under this chapter.\n- (i) the police commissioner is, under this chapter, required to give a notice to the person;\n- (ii) the chief executive reasonably believes the giving of the information will help the police commissioner to verify the person’s identity for giving police information to the chief executive under this chapter.","sortOrder":535},{"sectionNumber":"sec.341","sectionType":"section","heading":"Giving other information to police commissioner","content":"### sec.341 Giving other information to police commissioner\n\nThe chief executive may give the police commissioner confidential information about a person if the chief executive reasonably believes the giving of the information is necessary for the effective administration of any of the following—\nthis chapter;\nthe Offender Reporting Act ;\nthe Police Powers and Responsibilities Act 2000 , section 789A .\nSection 316 applies to information given under this section.\nThis section does not limit section 340 or 385 .\ns 341 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55 ; 2017 No. 14 s 50 sch 1\n(sec.341-ssec.1) The chief executive may give the police commissioner confidential information about a person if the chief executive reasonably believes the giving of the information is necessary for the effective administration of any of the following— this chapter; the Offender Reporting Act ; the Police Powers and Responsibilities Act 2000 , section 789A .\n(sec.341-ssec.2) Section 316 applies to information given under this section.\n(sec.341-ssec.3) This section does not limit section 340 or 385 .\n- (a) this chapter;\n- (c) the Offender Reporting Act ;\n- (d) the Police Powers and Responsibilities Act 2000 , section 789A .","sortOrder":536},{"sectionNumber":"sec.342","sectionType":"section","heading":"Chief executive must give information about particular persons to accreditation board","content":"### sec.342 Chief executive must give information about particular persons to accreditation board\n\nThe chief executive must, if asked in writing by the chairperson of the accreditation board, give the accreditation board the following information about a prescribed person—\nwhether the person holds a working with children authority or a negative notice;\nwhether the person has made a working with children check application.\nFor subsection (1) , the chairperson’s request must include the following information—\nthe prescribed person’s name and any other name that the college believes the person may use or may have used;\nthe prescribed person’s gender and date and place of birth;\nthe prescribed person’s address;\nany number or date given by the prescribed person about a working with children authority the person holds or claims to hold;\nif the prescribed person is a director of a school’s governing body—the name of the school’s governing body of which the person is a director.\nThe chief executive must give the accreditation board a notice about each of the following events that happen—\na prescribed person is issued a negative notice;\na prescribed person’s working with children authority—\nis suspended under section 296 ; or\nis cancelled under section 301 or 304E ;\nthe suspension of a prescribed person’s working with children authority ends under section 302 ;\nthe term of a prescribed person’s working with children authority ends;\na prescribed person’s working with children check application is withdrawn.\nAlso, if a prescribed person who holds a negative notice makes a working with children check application, the chief executive must give the accreditation board a notice that states that the application has no effect.\nSee section 193 .\nIn this section—\nchairperson see the Education (Accreditation of Non-State Schools) Act 2017 , schedule 1 .\nprescribed person means—\na director of a school’s governing body; or\nan authorised person under the Education (Accreditation of Non-State Schools) Act 2017 .\ns 342 ins 2010 No. 5 s 58\namd 2014 No. 28 ss 55 , 56\nsub 2017 No. 24 s 268\namd 2019 No. 18 s 86 (1) sch 1\n(sec.342-ssec.1) The chief executive must, if asked in writing by the chairperson of the accreditation board, give the accreditation board the following information about a prescribed person— whether the person holds a working with children authority or a negative notice; whether the person has made a working with children check application.\n(sec.342-ssec.2) For subsection (1) , the chairperson’s request must include the following information— the prescribed person’s name and any other name that the college believes the person may use or may have used; the prescribed person’s gender and date and place of birth; the prescribed person’s address; any number or date given by the prescribed person about a working with children authority the person holds or claims to hold; if the prescribed person is a director of a school’s governing body—the name of the school’s governing body of which the person is a director.\n(sec.342-ssec.3) The chief executive must give the accreditation board a notice about each of the following events that happen— a prescribed person is issued a negative notice; a prescribed person’s working with children authority— is suspended under section 296 ; or is cancelled under section 301 or 304E ; the suspension of a prescribed person’s working with children authority ends under section 302 ; the term of a prescribed person’s working with children authority ends; a prescribed person’s working with children check application is withdrawn.\n(sec.342-ssec.4) Also, if a prescribed person who holds a negative notice makes a working with children check application, the chief executive must give the accreditation board a notice that states that the application has no effect. See section 193 .\n(sec.342-ssec.5) In this section— chairperson see the Education (Accreditation of Non-State Schools) Act 2017 , schedule 1 . prescribed person means— a director of a school’s governing body; or an authorised person under the Education (Accreditation of Non-State Schools) Act 2017 .\n- (a) whether the person holds a working with children authority or a negative notice;\n- (b) whether the person has made a working with children check application.\n- (a) the prescribed person’s name and any other name that the college believes the person may use or may have used;\n- (b) the prescribed person’s gender and date and place of birth;\n- (c) the prescribed person’s address;\n- (d) any number or date given by the prescribed person about a working with children authority the person holds or claims to hold;\n- (e) if the prescribed person is a director of a school’s governing body—the name of the school’s governing body of which the person is a director.\n- (a) a prescribed person is issued a negative notice;\n- (b) a prescribed person’s working with children authority— (i) is suspended under section 296 ; or (ii) is cancelled under section 301 or 304E ;\n- (i) is suspended under section 296 ; or\n- (ii) is cancelled under section 301 or 304E ;\n- (c) the suspension of a prescribed person’s working with children authority ends under section 302 ;\n- (d) the term of a prescribed person’s working with children authority ends;\n- (e) a prescribed person’s working with children check application is withdrawn.\n- (i) is suspended under section 296 ; or\n- (ii) is cancelled under section 301 or 304E ;\n- (a) a director of a school’s governing body; or\n- (b) an authorised person under the Education (Accreditation of Non-State Schools) Act 2017 .","sortOrder":537},{"sectionNumber":"sec.343","sectionType":"section","heading":"Giving information about particular persons to college of teachers","content":"### sec.343 Giving information about particular persons to college of teachers\n\nThis section applies in relation to information about a person—\nthe chief executive is given or is given access to; or\nin the chief executive’s possession in relation to an employment-screening decision about the person.\nThe chief executive may give the information about the person to the college of teachers if the chief executive reasonably believes the information is relevant to the functions of the college under the Education (Queensland College of Teachers) Act 2005 , chapter 10 , part 1 .\nWithout limiting subsection (2) , the information that may be given includes the following—\ninformation about a working with children check application made by the person;\ninformation about a working with children authority or negative notice held by the person;\npolice information, domestic violence information, disciplinary information or adverse interstate WWC information about the person.\ns 343 ins 2010 No. 5 s 58\namd 2010 No. 33 s 106 ; 2014 No. 28 s 55 ; 2019 No. 18 s 86 (1) sch 1 ; 2022 No. 7 s 132 sch 1\nsub 2024 No. 50 s 96\n_____\ns 343A ins 2024 No. 49 s 128 (uncommenced amendment)\n(sec.343-ssec.1) This section applies in relation to information about a person— the chief executive is given or is given access to; or in the chief executive’s possession in relation to an employment-screening decision about the person.\n(sec.343-ssec.2) The chief executive may give the information about the person to the college of teachers if the chief executive reasonably believes the information is relevant to the functions of the college under the Education (Queensland College of Teachers) Act 2005 , chapter 10 , part 1 .\n(sec.343-ssec.3) Without limiting subsection (2) , the information that may be given includes the following— information about a working with children check application made by the person; information about a working with children authority or negative notice held by the person; police information, domestic violence information, disciplinary information or adverse interstate WWC information about the person.\n- (a) the chief executive is given or is given access to; or\n- (b) in the chief executive’s possession in relation to an employment-screening decision about the person.\n- (a) information about a working with children check application made by the person;\n- (b) information about a working with children authority or negative notice held by the person;\n- (c) police information, domestic violence information, disciplinary information or adverse interstate WWC information about the person.","sortOrder":538},{"sectionNumber":"sec.344","sectionType":"section","heading":"Giving information to chief executive (disability worker screening)","content":"### sec.344 Giving information to chief executive (disability worker screening)\n\nThis section applies to information about a person—\nthe chief executive was given, or given access to, under chapter 7 or this chapter; or\nin the chief executive’s possession in relation to an employment-screening decision about the person.\nThe chief executive may give information about a person to the chief executive (disability worker screening) if the chief executive reasonably believes the information is relevant to the functions of the chief executive (disability worker screening) under the Disability Services Act 2006 , part 5 .\nWithout limiting subsection (2) , the information that may be given includes—\ninformation about a working with children check application made by a person; and\ninformation about a working with children authority or negative notice held by a person; and\npolice information, domestic violence information, disciplinary information and adverse interstate WWC information about a person; and\ninformation related to police information about a person including a section 93A transcript and a transcript of a recorded statement; and\ninformation about a person’s mental health.\ns 344 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55 ; 2006 No. 12 s 333 sch 2 (amd 2014 No. 12 s 74 ); 2019 No. 18 s 86 (1) sch 1\nsub 2020 No. 39 s 51\namd 2022 No. 7 ss 88 , 122 ; 2022 No. 12 s 49 ; 2024 No. 50 s 97\n(sec.344-ssec.1) This section applies to information about a person— the chief executive was given, or given access to, under chapter 7 or this chapter; or in the chief executive’s possession in relation to an employment-screening decision about the person.\n(sec.344-ssec.2) The chief executive may give information about a person to the chief executive (disability worker screening) if the chief executive reasonably believes the information is relevant to the functions of the chief executive (disability worker screening) under the Disability Services Act 2006 , part 5 .\n(sec.344-ssec.3) Without limiting subsection (2) , the information that may be given includes— information about a working with children check application made by a person; and information about a working with children authority or negative notice held by a person; and police information, domestic violence information, disciplinary information and adverse interstate WWC information about a person; and information related to police information about a person including a section 93A transcript and a transcript of a recorded statement; and information about a person’s mental health.\n- (a) the chief executive was given, or given access to, under chapter 7 or this chapter; or\n- (b) in the chief executive’s possession in relation to an employment-screening decision about the person.\n- (a) information about a working with children check application made by a person; and\n- (b) information about a working with children authority or negative notice held by a person; and\n- (c) police information, domestic violence information, disciplinary information and adverse interstate WWC information about a person; and\n- (d) information related to police information about a person including a section 93A transcript and a transcript of a recorded statement; and\n- (e) information about a person’s mental health.","sortOrder":539},{"sectionNumber":"ch.8-pt.6-div.8A","sectionType":"division","heading":"Sharing information with particular entities","content":"## Sharing information with particular entities","sortOrder":540},{"sectionNumber":"sec.344AAA","sectionType":"section","heading":"Definition for division","content":"### sec.344AAA Definition for division\n\nIn this division—\nprescribed entity means an entity that—\nis prescribed by regulation for this division; and\nhas entered into an arrangement with the chief executive to give the chief executive information under section 344AAB .\ns 344AAA ins 2024 No. 50 s 98\n- (a) is prescribed by regulation for this division; and\n- (b) has entered into an arrangement with the chief executive to give the chief executive information under section 344AAB .","sortOrder":541},{"sectionNumber":"sec.344AAB","sectionType":"section","heading":"Arrangements with particular entities about asking for and giving information","content":"### sec.344AAB Arrangements with particular entities about asking for and giving information\n\nThe chief executive may enter into a written arrangement with an entity prescribed by regulation for this division about—\nasking for information under section 344AAC ; or\ngiving information under section 344AAD .\nWithout limiting subsection (1) , the arrangement may provide—\nfor information to be asked for or given electronically, including on a daily basis; or\nfor information to be given by way of providing electronic access to the information.\nIf the arrangement provides for information to be given or accessed electronically and, under this Act or another law, there is a limitation on who may be given, or given access to, the information or the purposes for which the information may be used, the arrangement must provide for the limitation.\ns 344AAB ins 2024 No. 50 s 98\n(sec.344AAB-ssec.1) The chief executive may enter into a written arrangement with an entity prescribed by regulation for this division about— asking for information under section 344AAC ; or giving information under section 344AAD .\n(sec.344AAB-ssec.2) Without limiting subsection (1) , the arrangement may provide— for information to be asked for or given electronically, including on a daily basis; or for information to be given by way of providing electronic access to the information.\n(sec.344AAB-ssec.3) If the arrangement provides for information to be given or accessed electronically and, under this Act or another law, there is a limitation on who may be given, or given access to, the information or the purposes for which the information may be used, the arrangement must provide for the limitation.\n- (a) asking for information under section 344AAC ; or\n- (b) giving information under section 344AAD .\n- (a) for information to be asked for or given electronically, including on a daily basis; or\n- (b) for information to be given by way of providing electronic access to the information.","sortOrder":542},{"sectionNumber":"sec.344AAC","sectionType":"section","heading":"Request for information about relevant person from prescribed entities","content":"### sec.344AAC Request for information about relevant person from prescribed entities\n\nThis section applies if the chief executive reasonably believes a prescribed entity has information relevant to whether a person poses a risk to the safety of children.\nThe chief executive may, by notice, ask the prescribed entity for the information.\nThe prescribed entity may give the information about the person to the chief executive if the prescribed entity reasonably believes the information may help the chief executive to perform the chief executive’s main functions under section 8 .\nThis section applies subject to the Child Protection Act 1999 , chapter 6 , part 6 , division 2 , subdivision 1 .\ns 344AAC ins 2024 No. 50 s 98\n(sec.344AAC-ssec.1) This section applies if the chief executive reasonably believes a prescribed entity has information relevant to whether a person poses a risk to the safety of children.\n(sec.344AAC-ssec.2) The chief executive may, by notice, ask the prescribed entity for the information.\n(sec.344AAC-ssec.3) The prescribed entity may give the information about the person to the chief executive if the prescribed entity reasonably believes the information may help the chief executive to perform the chief executive’s main functions under section 8 .\n(sec.344AAC-ssec.4) This section applies subject to the Child Protection Act 1999 , chapter 6 , part 6 , division 2 , subdivision 1 .","sortOrder":543},{"sectionNumber":"sec.344AAD","sectionType":"section","heading":"Giving information about relevant person from prescribed entities","content":"### sec.344AAD Giving information about relevant person from prescribed entities\n\nThis section applies if a prescribed entity reasonably believes the prescribed entity has information relevant to whether a person poses a risk to the safety of children.\nThe prescribed entity may give the information about the person to the chief executive if the prescribed entity reasonably believes the information may help the chief executive to perform the chief executive’s main functions under section 8 .\nThis section applies subject to the Child Protection Act 1999 , chapter 6 , part 6 , division 2 , subdivision 1 .\ns 344AAD ins 2024 No. 50 s 98\n(sec.344AAD-ssec.1) This section applies if a prescribed entity reasonably believes the prescribed entity has information relevant to whether a person poses a risk to the safety of children.\n(sec.344AAD-ssec.2) The prescribed entity may give the information about the person to the chief executive if the prescribed entity reasonably believes the information may help the chief executive to perform the chief executive’s main functions under section 8 .\n(sec.344AAD-ssec.3) This section applies subject to the Child Protection Act 1999 , chapter 6 , part 6 , division 2 , subdivision 1 .","sortOrder":544},{"sectionNumber":"sec.344AAE","sectionType":"section","heading":"Sharing of information by regulatory authority under Education and Care Services National Law (Queensland)","content":"### sec.344AAE Sharing of information by regulatory authority under Education and Care Services National Law (Queensland)\n\nSections 344AAC and 344AAD apply in relation to the regulatory authority as if a reference in the sections to a prescribed entity was a reference to the regulatory authority.\nThe Education and Care Services National Law (Queensland) , section 273 (1) does not apply in relation to the giving of protected information by the regulatory authority to the chief executive under section 344AAC or 344AAD , as applied by subsection (1) .\nSee also the Education and Care Services National Law (Queensland) Act 2011 , section 4 .\nIn this section—\nprotected information see the Education and Care Services National Law (Queensland) , section 273 (3) .\nregulatory authority means the person declared to be the regulatory authority under the Education and Care Services National Law (Queensland) Act 2011 , section 14 .\ns 344AAE ins 2026 No. 5 s 140H\n(sec.344AAE-ssec.1) Sections 344AAC and 344AAD apply in relation to the regulatory authority as if a reference in the sections to a prescribed entity was a reference to the regulatory authority.\n(sec.344AAE-ssec.2) The Education and Care Services National Law (Queensland) , section 273 (1) does not apply in relation to the giving of protected information by the regulatory authority to the chief executive under section 344AAC or 344AAD , as applied by subsection (1) . See also the Education and Care Services National Law (Queensland) Act 2011 , section 4 .\n(sec.344AAE-ssec.3) In this section— protected information see the Education and Care Services National Law (Queensland) , section 273 (3) . regulatory authority means the person declared to be the regulatory authority under the Education and Care Services National Law (Queensland) Act 2011 , section 14 .","sortOrder":545},{"sectionNumber":"ch.8-pt.6-div.9","sectionType":"division","heading":"Giving information to notifiable persons, authorised entities and self-managed NDIS participants etc.","content":"## Giving information to notifiable persons, authorised entities and self-managed NDIS participants etc.","sortOrder":546},{"sectionNumber":"sec.344AA","sectionType":"section","heading":"Chief executive to give notice to notifiable persons etc. about a change in police information","content":"### sec.344AA Chief executive to give notice to notifiable persons etc. about a change in police information\n\nThis section applies if the chief executive becomes aware that police information about a relevant person has changed.\nHowever, this section does not apply if—\nthe change is that the relevant person has been charged with or convicted of a disqualifying offence; or\nthe change is that the relevant person has become a disqualified person.\nIf the chief executive considers the change in police information may be relevant to child-related employment, the chief executive must give each notifiable person for the person a written notice stating the following—\nthe relevant person’s name and identifying details;\nthat the chief executive has received police information about the relevant person that the chief executive considers relevant to child-related employment;\nthat the chief executive is making a decision under part 4 , division 9 about the relevant person;\nan employer may not dismiss the relevant person solely or mainly because the employer is given a notice under this section;\nif the change in police information is a change in criminal history, whether it is a charge or conviction and whether or not the charge or conviction is for a serious offence;\nif the change in police information is a conviction for a serious offence, it is an offence for an employer to allow the relevant person to perform work that is regulated employment.\nIf the relevant person is the director of a school’s governing body, the chief executive must give written notice as mentioned in subsection (3) to the accreditation board.\nAn employer to whom a notice is given under subsection (3) or (4) that states that the change in police information is a conviction for a serious offence must not allow the relevant person to perform work that is regulated employment.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nAn employer may not dismiss the relevant person solely or mainly because the employer is given a notice under subsection (3) or (4) .\nIn this section—\nemployer means a person who employs a relevant person.\nrelevant person means—\na person who holds a working with children authority, other than an authority that is suspended under section 296 ; or\na person who has made a working with children check application that has not been decided or withdrawn.\ns 344AA (prev s 339) ins 2010 No. 5 s 58\namd 2014 No. 28 s 55 ; 2019 No. 18 s 52 ; 2022 No. 7 s 121 (1)\nreloc and renum 2022 No. 7 s 121 (2)\namd 2024 No. 50 s 99 ; 2024 No. 49 s 131 sch 5\n(sec.344AA-ssec.1) This section applies if the chief executive becomes aware that police information about a relevant person has changed.\n(sec.344AA-ssec.2) However, this section does not apply if— the change is that the relevant person has been charged with or convicted of a disqualifying offence; or the change is that the relevant person has become a disqualified person.\n(sec.344AA-ssec.3) If the chief executive considers the change in police information may be relevant to child-related employment, the chief executive must give each notifiable person for the person a written notice stating the following— the relevant person’s name and identifying details; that the chief executive has received police information about the relevant person that the chief executive considers relevant to child-related employment; that the chief executive is making a decision under part 4 , division 9 about the relevant person; an employer may not dismiss the relevant person solely or mainly because the employer is given a notice under this section; if the change in police information is a change in criminal history, whether it is a charge or conviction and whether or not the charge or conviction is for a serious offence; if the change in police information is a conviction for a serious offence, it is an offence for an employer to allow the relevant person to perform work that is regulated employment.\n(sec.344AA-ssec.4) If the relevant person is the director of a school’s governing body, the chief executive must give written notice as mentioned in subsection (3) to the accreditation board.\n(sec.344AA-ssec.5) An employer to whom a notice is given under subsection (3) or (4) that states that the change in police information is a conviction for a serious offence must not allow the relevant person to perform work that is regulated employment. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.344AA-ssec.6) An employer may not dismiss the relevant person solely or mainly because the employer is given a notice under subsection (3) or (4) .\n(sec.344AA-ssec.7) In this section— employer means a person who employs a relevant person. relevant person means— a person who holds a working with children authority, other than an authority that is suspended under section 296 ; or a person who has made a working with children check application that has not been decided or withdrawn.\n- (a) the change is that the relevant person has been charged with or convicted of a disqualifying offence; or\n- (b) the change is that the relevant person has become a disqualified person.\n- (a) the relevant person’s name and identifying details;\n- (b) that the chief executive has received police information about the relevant person that the chief executive considers relevant to child-related employment;\n- (c) that the chief executive is making a decision under part 4 , division 9 about the relevant person;\n- (e) an employer may not dismiss the relevant person solely or mainly because the employer is given a notice under this section;\n- (f) if the change in police information is a change in criminal history, whether it is a charge or conviction and whether or not the charge or conviction is for a serious offence;\n- (g) if the change in police information is a conviction for a serious offence, it is an offence for an employer to allow the relevant person to perform work that is regulated employment.\n- (a) a person who holds a working with children authority, other than an authority that is suspended under section 296 ; or\n- (b) a person who has made a working with children check application that has not been decided or withdrawn.","sortOrder":547},{"sectionNumber":"sec.344A","sectionType":"section","heading":"Chief executive may give authorised entities particular information","content":"### sec.344A Chief executive may give authorised entities particular information\n\nEach of the following is an authorised entity for a person—\nanother person (the person’s employer ) if—\nthe employer has notified the chief executive under this Act that the employer employs, or proposes to employ, the person; and\nneither the employer nor the person has notified the chief executive otherwise;\nanother person the chief executive accepts as an authorised representative of the person’s employer;\nanother person who is a notifiable person for the person;\nan entity to whom the chief executive is required to, or may, give a working with children notice about the person under this Act;\nanother person the chief executive accepts is authorised by the department to assist the chief executive in performing the chief executive’s main functions under section 8 (a) .\nThe chief executive may give the authorised entity information about—\na working with children check application made by the person; or\na working with children authority or negative notice held by the person; or\na working with children notice about the person given, or required to be given, to the authorised entity under this Act.\nThe chief executive may give the information under subsection (2) by allowing the authorised entity to access the information electronically.\nIn this section—\nworking with children notice , about a person, means a notice that relates to—\na working with children check application made by the person; or\na working with children authority or negative notice held by the person.\ns 344A ins 2019 No. 18 s 53\namd 2024 No. 50 s 100\n(sec.344A-ssec.1) Each of the following is an authorised entity for a person— another person (the person’s employer ) if— the employer has notified the chief executive under this Act that the employer employs, or proposes to employ, the person; and neither the employer nor the person has notified the chief executive otherwise; another person the chief executive accepts as an authorised representative of the person’s employer; another person who is a notifiable person for the person; an entity to whom the chief executive is required to, or may, give a working with children notice about the person under this Act; another person the chief executive accepts is authorised by the department to assist the chief executive in performing the chief executive’s main functions under section 8 (a) .\n(sec.344A-ssec.2) The chief executive may give the authorised entity information about— a working with children check application made by the person; or a working with children authority or negative notice held by the person; or a working with children notice about the person given, or required to be given, to the authorised entity under this Act.\n(sec.344A-ssec.3) The chief executive may give the information under subsection (2) by allowing the authorised entity to access the information electronically.\n(sec.344A-ssec.4) In this section— working with children notice , about a person, means a notice that relates to— a working with children check application made by the person; or a working with children authority or negative notice held by the person.\n- (a) another person (the person’s employer ) if— (i) the employer has notified the chief executive under this Act that the employer employs, or proposes to employ, the person; and (ii) neither the employer nor the person has notified the chief executive otherwise;\n- (i) the employer has notified the chief executive under this Act that the employer employs, or proposes to employ, the person; and\n- (ii) neither the employer nor the person has notified the chief executive otherwise;\n- (b) another person the chief executive accepts as an authorised representative of the person’s employer;\n- (c) another person who is a notifiable person for the person;\n- (d) an entity to whom the chief executive is required to, or may, give a working with children notice about the person under this Act;\n- (e) another person the chief executive accepts is authorised by the department to assist the chief executive in performing the chief executive’s main functions under section 8 (a) .\n- (i) the employer has notified the chief executive under this Act that the employer employs, or proposes to employ, the person; and\n- (ii) neither the employer nor the person has notified the chief executive otherwise;\n- (a) a working with children check application made by the person; or\n- (b) a working with children authority or negative notice held by the person; or\n- (c) a working with children notice about the person given, or required to be given, to the authorised entity under this Act.\n- (a) a working with children check application made by the person; or\n- (b) a working with children authority or negative notice held by the person.","sortOrder":548},{"sectionNumber":"sec.344B","sectionType":"section","heading":"Use of information obtained under s 344A about a person","content":"### sec.344B Use of information obtained under s 344A about a person\n\nThis section applies to a person who is given, or accesses, information about a person under section 344A .\nThe person must not use the information, or disclose or give access to the information to anyone else, unless the use, disclosure or giving of access is allowed under subsection (3) .\nMaximum penalty—100 penalty units.\nThe person may use the information, or disclose or give access to the information to another person, if the use, disclosure or giving of access—\nis to identify, assess or monitor a risk, or potential risk, to the safety or welfare of a child in relation to the regulated employment of the person to whom the information relates; or\nis to establish whether or not the person to whom the information relates—\nhas made a working with children check application; or\nholds a working with children authority or a negative notice; or\nis to comply with an obligation under this Act; or\nhappens with the consent of the person to whom the information relates; or\nis required to lessen or prevent a serious threat to the life, health, safety or welfare of an individual, or the health, safety or welfare of the public; or\nis required by a law enforcement agency to prevent, detect, investigate, prosecute or punish an offence; or\nis required for a proceeding in a court or a tribunal; or\nis authorised under a regulation or another law.\nIn this section—\nlaw enforcement agency means—\nan entity mentioned in the Information Privacy Act 2009 , schedule 5 , definition law enforcement agency , paragraph (b) ; or\nan enforcement body within the meaning of the Privacy Act 1988 (Cwlth) .\ns 344B ins 2019 No. 18 s 53\n(sec.344B-ssec.1) This section applies to a person who is given, or accesses, information about a person under section 344A .\n(sec.344B-ssec.2) The person must not use the information, or disclose or give access to the information to anyone else, unless the use, disclosure or giving of access is allowed under subsection (3) . Maximum penalty—100 penalty units.\n(sec.344B-ssec.3) The person may use the information, or disclose or give access to the information to another person, if the use, disclosure or giving of access— is to identify, assess or monitor a risk, or potential risk, to the safety or welfare of a child in relation to the regulated employment of the person to whom the information relates; or is to establish whether or not the person to whom the information relates— has made a working with children check application; or holds a working with children authority or a negative notice; or is to comply with an obligation under this Act; or happens with the consent of the person to whom the information relates; or is required to lessen or prevent a serious threat to the life, health, safety or welfare of an individual, or the health, safety or welfare of the public; or is required by a law enforcement agency to prevent, detect, investigate, prosecute or punish an offence; or is required for a proceeding in a court or a tribunal; or is authorised under a regulation or another law.\n(sec.344B-ssec.4) In this section— law enforcement agency means— an entity mentioned in the Information Privacy Act 2009 , schedule 5 , definition law enforcement agency , paragraph (b) ; or an enforcement body within the meaning of the Privacy Act 1988 (Cwlth) .\n- (a) is to identify, assess or monitor a risk, or potential risk, to the safety or welfare of a child in relation to the regulated employment of the person to whom the information relates; or\n- (b) is to establish whether or not the person to whom the information relates— (i) has made a working with children check application; or (ii) holds a working with children authority or a negative notice; or\n- (i) has made a working with children check application; or\n- (ii) holds a working with children authority or a negative notice; or\n- (c) is to comply with an obligation under this Act; or\n- (d) happens with the consent of the person to whom the information relates; or\n- (e) is required to lessen or prevent a serious threat to the life, health, safety or welfare of an individual, or the health, safety or welfare of the public; or\n- (f) is required by a law enforcement agency to prevent, detect, investigate, prosecute or punish an offence; or\n- (g) is required for a proceeding in a court or a tribunal; or\n- (h) is authorised under a regulation or another law.\n- (i) has made a working with children check application; or\n- (ii) holds a working with children authority or a negative notice; or\n- (a) an entity mentioned in the Information Privacy Act 2009 , schedule 5 , definition law enforcement agency , paragraph (b) ; or\n- (b) an enforcement body within the meaning of the Privacy Act 1988 (Cwlth) .","sortOrder":549},{"sectionNumber":"sec.344C","sectionType":"section","heading":"Notifying self-managed NDIS participant about particular matters","content":"### sec.344C Notifying self-managed NDIS participant about particular matters\n\nThis section applies if—\na child is an NDIS participant; and\na relevant person for the child gives the chief executive written notice that a stated person carrying on an NDIS regulated business is delivering NDIS supports or services to the child.\nThe chief executive may give the child, a person with parental responsibility for the child or the child’s plan manager a written notice about any of the following matters—\nif a working with children check application made by the person is decided—that fact and whether the person was issued a working with children authority or negative notice;\nif a working with children authority held by the person expires or is suspended or cancelled—the expiry, suspension or cancellation;\nif, under section 344AA (3) , the chief executive is required to give a notifiable person for the person a notice about a change in police information about the person—the change in the police information.\nA notice about a matter mentioned in subsection (2) (c) must include only the information about the change in the police information that the chief executive is required to give a notifiable person for the person under section 344AA (3) .\nIn this section—\nNDIS participant means a participant in the national disability insurance scheme under the National Disability Insurance Scheme Act 2013 (Cwlth) .\nNDIS regulated business means a regulated business mentioned in schedule 1 , section 16A .\nparental responsibility see the National Disability Insurance Scheme Act 2013 (Cwlth) , section 75 .\nplan manager , for a child who is an NDIS participant, means a person other than the child who is managing the funding for supports under the child’s plan within the meaning of the National Disability Insurance Scheme Act 2013 (Cwlth) , section 42 .\nrelevant person , for a child who is an NDIS participant, means—\nthe child; or\na person with parental responsibility for the child; or\nthe child’s plan manager; or\na person who carries on an NDIS regulated business that includes delivering NDIS supports or services to the child.\ns 344C ins 2020 No. 39 s 52\namd 2022 No. 7 s 132 sch 1\n(sec.344C-ssec.1) This section applies if— a child is an NDIS participant; and a relevant person for the child gives the chief executive written notice that a stated person carrying on an NDIS regulated business is delivering NDIS supports or services to the child.\n(sec.344C-ssec.2) The chief executive may give the child, a person with parental responsibility for the child or the child’s plan manager a written notice about any of the following matters— if a working with children check application made by the person is decided—that fact and whether the person was issued a working with children authority or negative notice; if a working with children authority held by the person expires or is suspended or cancelled—the expiry, suspension or cancellation; if, under section 344AA (3) , the chief executive is required to give a notifiable person for the person a notice about a change in police information about the person—the change in the police information.\n(sec.344C-ssec.3) A notice about a matter mentioned in subsection (2) (c) must include only the information about the change in the police information that the chief executive is required to give a notifiable person for the person under section 344AA (3) .\n(sec.344C-ssec.4) In this section— NDIS participant means a participant in the national disability insurance scheme under the National Disability Insurance Scheme Act 2013 (Cwlth) . NDIS regulated business means a regulated business mentioned in schedule 1 , section 16A . parental responsibility see the National Disability Insurance Scheme Act 2013 (Cwlth) , section 75 . plan manager , for a child who is an NDIS participant, means a person other than the child who is managing the funding for supports under the child’s plan within the meaning of the National Disability Insurance Scheme Act 2013 (Cwlth) , section 42 . relevant person , for a child who is an NDIS participant, means— the child; or a person with parental responsibility for the child; or the child’s plan manager; or a person who carries on an NDIS regulated business that includes delivering NDIS supports or services to the child.\n- (a) a child is an NDIS participant; and\n- (b) a relevant person for the child gives the chief executive written notice that a stated person carrying on an NDIS regulated business is delivering NDIS supports or services to the child.\n- (a) if a working with children check application made by the person is decided—that fact and whether the person was issued a working with children authority or negative notice;\n- (b) if a working with children authority held by the person expires or is suspended or cancelled—the expiry, suspension or cancellation;\n- (c) if, under section 344AA (3) , the chief executive is required to give a notifiable person for the person a notice about a change in police information about the person—the change in the police information.\n- (a) the child; or\n- (b) a person with parental responsibility for the child; or\n- (c) the child’s plan manager; or\n- (d) a person who carries on an NDIS regulated business that includes delivering NDIS supports or services to the child.","sortOrder":550},{"sectionNumber":"sec.345","sectionType":"section","heading":null,"content":"### Section sec.345\n\ns 345 ins 2010 No. 5 s 58\namd 2010 No. 33 s 107 ; 2014 No. 28 ss 55 , 60\nom 2020 No. 39 s 53","sortOrder":551},{"sectionNumber":"ch.8-pt.6-div.10","sectionType":"division","heading":"Giving information to ACC and interstate screening units","content":"## Giving information to ACC and interstate screening units","sortOrder":552},{"sectionNumber":"sec.345A","sectionType":"section","heading":"Application of division","content":"### sec.345A Application of division\n\nThis division applies to information about a person—\nthe chief executive was given, or given access to, under this part; or\nin the chief executive’s possession in relation to the performance of the chief executive’s screening functions.\ns 345A ins 2022 No. 7 s 124\n- (a) the chief executive was given, or given access to, under this part; or\n- (b) in the chief executive’s possession in relation to the performance of the chief executive’s screening functions.","sortOrder":553},{"sectionNumber":"sec.345B","sectionType":"section","heading":"Giving information to ACC","content":"### sec.345B Giving information to ACC\n\nThe chief executive may give information about a person to the ACC—\nunder an arrangement between the chief executive and the ACC for the purpose of the information being included in the working with children check national reference system; or\nif the chief executive reasonably believes the information is otherwise relevant to the functions of the ACC that relate to the working with children check national reference system.\nWithout limiting subsection (1) (a) , information is given to the ACC if the information is entered into, or uploaded to, the working with children check national reference system.\ns 345B ins 2022 No. 7 s 124\n(sec.345B-ssec.1) The chief executive may give information about a person to the ACC— under an arrangement between the chief executive and the ACC for the purpose of the information being included in the working with children check national reference system; or if the chief executive reasonably believes the information is otherwise relevant to the functions of the ACC that relate to the working with children check national reference system.\n(sec.345B-ssec.2) Without limiting subsection (1) (a) , information is given to the ACC if the information is entered into, or uploaded to, the working with children check national reference system.\n- (a) under an arrangement between the chief executive and the ACC for the purpose of the information being included in the working with children check national reference system; or\n- (b) if the chief executive reasonably believes the information is otherwise relevant to the functions of the ACC that relate to the working with children check national reference system.","sortOrder":554},{"sectionNumber":"sec.345C","sectionType":"section","heading":"Giving information to interstate screening units","content":"### sec.345C Giving information to interstate screening units\n\nThis section applies if—\nthe chief executive is aware a person holds an interstate working with children authority issued by an interstate screening unit under a corresponding WWC law; or\nan interstate screening unit has asked the chief executive for information about a person in relation to deciding an application made by the person under a corresponding WWC law.\nThe chief executive may give information about the person to the interstate screening unit if the chief executive reasonably believes the information is relevant to the functions of the interstate screening unit under the corresponding WWC law.\nThe chief executive must not give to an interstate screening unit—\na section 93A transcript; or\na recorded statement.\nHowever, the chief executive may give to an interstate screening unit a written summary of a section 93A transcript or recorded statement, subject to subsection (2) .\ns 345C ins 2022 No. 7 s 124\namd 2024 No. 50 s 101\n(sec.345C-ssec.1) This section applies if— the chief executive is aware a person holds an interstate working with children authority issued by an interstate screening unit under a corresponding WWC law; or an interstate screening unit has asked the chief executive for information about a person in relation to deciding an application made by the person under a corresponding WWC law.\n(sec.345C-ssec.2) The chief executive may give information about the person to the interstate screening unit if the chief executive reasonably believes the information is relevant to the functions of the interstate screening unit under the corresponding WWC law.\n(sec.345C-ssec.3) The chief executive must not give to an interstate screening unit— a section 93A transcript; or a recorded statement.\n(sec.345C-ssec.4) However, the chief executive may give to an interstate screening unit a written summary of a section 93A transcript or recorded statement, subject to subsection (2) .\n- (a) the chief executive is aware a person holds an interstate working with children authority issued by an interstate screening unit under a corresponding WWC law; or\n- (b) an interstate screening unit has asked the chief executive for information about a person in relation to deciding an application made by the person under a corresponding WWC law.\n- (a) a section 93A transcript; or\n- (b) a recorded statement.","sortOrder":555},{"sectionNumber":"ch.8-pt.6-div.11","sectionType":"division","heading":"Guidelines for dealing with information","content":"## Guidelines for dealing with information","sortOrder":556},{"sectionNumber":"sec.346","sectionType":"section","heading":"Guidelines for dealing with information","content":"### sec.346 Guidelines for dealing with information\n\nThe chief executive must make guidelines, consistent with this Act, for dealing with information obtained by the chief executive under this chapter.\nThe purpose of the guidelines is to ensure—\nnatural justice is afforded to the persons about whom the information is obtained; and\nonly relevant information is used in making employment-screening decisions; and\nemployment-screening decisions, based on the information, are made consistently.\nThe chief executive must give a copy of the guidelines to a person on request.\ns 346 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\n(sec.346-ssec.1) The chief executive must make guidelines, consistent with this Act, for dealing with information obtained by the chief executive under this chapter.\n(sec.346-ssec.2) The purpose of the guidelines is to ensure— natural justice is afforded to the persons about whom the information is obtained; and only relevant information is used in making employment-screening decisions; and employment-screening decisions, based on the information, are made consistently.\n(sec.346-ssec.3) The chief executive must give a copy of the guidelines to a person on request.\n- (a) natural justice is afforded to the persons about whom the information is obtained; and\n- (b) only relevant information is used in making employment-screening decisions; and\n- (c) employment-screening decisions, based on the information, are made consistently.","sortOrder":557},{"sectionNumber":"ch.8-pt.7","sectionType":"part","heading":"Miscellaneous provisions","content":"# Miscellaneous provisions","sortOrder":558},{"sectionNumber":"ch.8-pt.7-div.1","sectionType":"division","heading":"Replacement card","content":"## Replacement card","sortOrder":559},{"sectionNumber":"sec.347","sectionType":"section","heading":"Replacement of lost or stolen card","content":"### sec.347 Replacement of lost or stolen card\n\nIf a person’s working with children card is lost or stolen (the lost or stolen card ), the person must, within 14 days after the loss or theft—\ngive the chief executive a notice about the loss or theft in the approved form and in an approved way; and\neither—\napply for a replacement card; or\nask the chief executive under section 304D to cancel the person’s working with children authority.\nMaximum penalty—10 penalty units.\nAn application under subsection (1) (b) (i) must be—\nmade in the approved form and in an approved way; and\naccompanied by the prescribed fee for a replacement card.\nThe chief executive must—\ncancel the lost or stolen card; and\nif the person applied for a replacement card under subsection (1) (b) (i) —issue a replacement working with children card to the person.\nThe chief executive must give written notice about the loss or theft of the lost or stolen card to the police commissioner.\ns 347 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nsub 2019 No. 18 s 55\namd 2020 No. 39 s 70 sch 1 ; 2022 No. 7 s 89\n(sec.347-ssec.1) If a person’s working with children card is lost or stolen (the lost or stolen card ), the person must, within 14 days after the loss or theft— give the chief executive a notice about the loss or theft in the approved form and in an approved way; and either— apply for a replacement card; or ask the chief executive under section 304D to cancel the person’s working with children authority. Maximum penalty—10 penalty units.\n(sec.347-ssec.2) An application under subsection (1) (b) (i) must be— made in the approved form and in an approved way; and accompanied by the prescribed fee for a replacement card.\n(sec.347-ssec.3) The chief executive must— cancel the lost or stolen card; and if the person applied for a replacement card under subsection (1) (b) (i) —issue a replacement working with children card to the person.\n(sec.347-ssec.4) The chief executive must give written notice about the loss or theft of the lost or stolen card to the police commissioner.\n- (a) give the chief executive a notice about the loss or theft in the approved form and in an approved way; and\n- (b) either— (i) apply for a replacement card; or (ii) ask the chief executive under section 304D to cancel the person’s working with children authority.\n- (i) apply for a replacement card; or\n- (ii) ask the chief executive under section 304D to cancel the person’s working with children authority.\n- (i) apply for a replacement card; or\n- (ii) ask the chief executive under section 304D to cancel the person’s working with children authority.\n- (a) made in the approved form and in an approved way; and\n- (b) accompanied by the prescribed fee for a replacement card.\n- (a) cancel the lost or stolen card; and\n- (b) if the person applied for a replacement card under subsection (1) (b) (i) —issue a replacement working with children card to the person.","sortOrder":560},{"sectionNumber":"sec.348","sectionType":"section","heading":"Replacement card for change of name or contact details","content":"### sec.348 Replacement card for change of name or contact details\n\nThis section applies to a person who—\nholds a working with children authority; and\nnotifies the chief executive of—\na change in the person’s name under section 328B ; or\na change in the person’s contact details under section 328C .\nIf the chief executive considers it is appropriate to do so and the person pays the prescribed fee for a replacement card, the chief executive may issue a replacement working with children card to the person.\nIf the chief executive issues a replacement working with children card to the person, the chief executive must cancel the person’s previously held card.\ns 348 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nsub 2019 No. 18 s 55\namd 2022 No. 7 s 90 ; 2024 No. 50 s 102\n(sec.348-ssec.1) This section applies to a person who— holds a working with children authority; and notifies the chief executive of— a change in the person’s name under section 328B ; or a change in the person’s contact details under section 328C .\n(sec.348-ssec.2) If the chief executive considers it is appropriate to do so and the person pays the prescribed fee for a replacement card, the chief executive may issue a replacement working with children card to the person.\n(sec.348-ssec.3) If the chief executive issues a replacement working with children card to the person, the chief executive must cancel the person’s previously held card.\n- (a) holds a working with children authority; and\n- (b) notifies the chief executive of— (i) a change in the person’s name under section 328B ; or (ii) a change in the person’s contact details under section 328C .\n- (i) a change in the person’s name under section 328B ; or\n- (ii) a change in the person’s contact details under section 328C .\n- (i) a change in the person’s name under section 328B ; or\n- (ii) a change in the person’s contact details under section 328C .","sortOrder":561},{"sectionNumber":"sec.348A","sectionType":"section","heading":"Requirement to return replaced card","content":"### sec.348A Requirement to return replaced card\n\nThis section applies to a person who holds a working with children card (the replaced card ) if the chief executive issues the person a further working with children card.\nThe person must give the replaced card to the chief executive within 7 days after the further working with children card is issued, unless the person has a reasonable excuse.\nMaximum penalty—10 penalty units.\ns 348A ins 2019 No. 18 s 55\n(sec.348A-ssec.1) This section applies to a person who holds a working with children card (the replaced card ) if the chief executive issues the person a further working with children card.\n(sec.348A-ssec.2) The person must give the replaced card to the chief executive within 7 days after the further working with children card is issued, unless the person has a reasonable excuse. Maximum penalty—10 penalty units.","sortOrder":562},{"sectionNumber":"ch.8-pt.7-div.1A","sectionType":"division","heading":"Change in regulated employment or regulated business","content":"## Change in regulated employment or regulated business","sortOrder":563},{"sectionNumber":"sec.349","sectionType":"section","heading":null,"content":"### Section sec.349\n\ns 349 ins 2010 No. 5 s 58\namd 2010 No. 33 s 108 ; 2014 No. 28 s 55\nsub 2019 No. 18 s 55\nom 2024 No. 50 s 103","sortOrder":564},{"sectionNumber":"sec.350","sectionType":"section","heading":"Holder must notify change and pay prescribed application fee—volunteer or business carried on other than for financial reward","content":"### sec.350 Holder must notify change and pay prescribed application fee—volunteer or business carried on other than for financial reward\n\nThis section applies if—\na person holds a working with children clearance that is not suspended; and\nduring the term of the clearance, the person is or was—\nemployed in regulated employment only as a volunteer; or\ncarrying on a regulated business on a not-for-profit basis and not otherwise carrying on a regulated business; and\neither of the following changes happens—\nthe person becomes employed in regulated employment other than as a volunteer;\nthe person starts carrying on a regulated business for financial reward.\nThe person must, within 14 days after the change happens—\ngive the chief executive a notice, in the approved form and in an approved way, about the change; and\nif the person is required to pay the prescribed application fee under subsection (3) —pay the prescribed application fee to the chief executive.\nMaximum penalty—10 penalty units.\nThe person must pay the prescribed application fee if the working with children check (general) application in relation to which the working with children clearance was issued was made on the basis that the person was—\nemployed, or to be employed, in regulated employment as a volunteer; or\ncarrying on, or proposing to carry on, a regulated business on a not-for-profit basis.\nIf the chief executive considers it is appropriate to do so, the chief executive may issue the person—\na new working with children clearance with a new term under section 238 ; or\na replacement working with children card for the person’s clearance.\nIf the chief executive issues a replacement working with children card, the chief executive must cancel the previously held card.\nSee section 348A for the person’s obligation to return the replaced card to the chief executive.\nIn this section—\nnot-for-profit basis , for carrying on a regulated business, means the business is carried on other than for financial reward.\nprescribed application fee means the prescribed fee for a working with children check (general) application made by a person for—\nfor a person who gives a notice under subsection (2) for a change mentioned in subsection (1) (c) (i) —employment in regulated employment other than as a volunteer; or\nfor a person who gives a notice under subsection (2) for a change mentioned in subsection (1) (c) (ii) —carrying on a regulated business for financial reward.\ns 350 ins 2010 No. 5 s 58\nsub 2010 No. 33 s 109\namd 2014 No. 28 s 55\nsub 2019 No. 18 s 55\namd 2020 No. 39 s 54 ; 2024 No. 50 s 140 sch 1\n(sec.350-ssec.1) This section applies if— a person holds a working with children clearance that is not suspended; and during the term of the clearance, the person is or was— employed in regulated employment only as a volunteer; or carrying on a regulated business on a not-for-profit basis and not otherwise carrying on a regulated business; and either of the following changes happens— the person becomes employed in regulated employment other than as a volunteer; the person starts carrying on a regulated business for financial reward.\n(sec.350-ssec.2) The person must, within 14 days after the change happens— give the chief executive a notice, in the approved form and in an approved way, about the change; and if the person is required to pay the prescribed application fee under subsection (3) —pay the prescribed application fee to the chief executive. Maximum penalty—10 penalty units.\n(sec.350-ssec.3) The person must pay the prescribed application fee if the working with children check (general) application in relation to which the working with children clearance was issued was made on the basis that the person was— employed, or to be employed, in regulated employment as a volunteer; or carrying on, or proposing to carry on, a regulated business on a not-for-profit basis.\n(sec.350-ssec.4) If the chief executive considers it is appropriate to do so, the chief executive may issue the person— a new working with children clearance with a new term under section 238 ; or a replacement working with children card for the person’s clearance.\n(sec.350-ssec.5) If the chief executive issues a replacement working with children card, the chief executive must cancel the previously held card. See section 348A for the person’s obligation to return the replaced card to the chief executive.\n(sec.350-ssec.6) In this section— not-for-profit basis , for carrying on a regulated business, means the business is carried on other than for financial reward. prescribed application fee means the prescribed fee for a working with children check (general) application made by a person for— for a person who gives a notice under subsection (2) for a change mentioned in subsection (1) (c) (i) —employment in regulated employment other than as a volunteer; or for a person who gives a notice under subsection (2) for a change mentioned in subsection (1) (c) (ii) —carrying on a regulated business for financial reward.\n- (a) a person holds a working with children clearance that is not suspended; and\n- (b) during the term of the clearance, the person is or was— (i) employed in regulated employment only as a volunteer; or (ii) carrying on a regulated business on a not-for-profit basis and not otherwise carrying on a regulated business; and\n- (i) employed in regulated employment only as a volunteer; or\n- (ii) carrying on a regulated business on a not-for-profit basis and not otherwise carrying on a regulated business; and\n- (c) either of the following changes happens— (i) the person becomes employed in regulated employment other than as a volunteer; (ii) the person starts carrying on a regulated business for financial reward.\n- (i) the person becomes employed in regulated employment other than as a volunteer;\n- (ii) the person starts carrying on a regulated business for financial reward.\n- (i) employed in regulated employment only as a volunteer; or\n- (ii) carrying on a regulated business on a not-for-profit basis and not otherwise carrying on a regulated business; and\n- (i) the person becomes employed in regulated employment other than as a volunteer;\n- (ii) the person starts carrying on a regulated business for financial reward.\n- (a) give the chief executive a notice, in the approved form and in an approved way, about the change; and\n- (b) if the person is required to pay the prescribed application fee under subsection (3) —pay the prescribed application fee to the chief executive.\n- (a) employed, or to be employed, in regulated employment as a volunteer; or\n- (b) carrying on, or proposing to carry on, a regulated business on a not-for-profit basis.\n- (a) a new working with children clearance with a new term under section 238 ; or\n- (b) a replacement working with children card for the person’s clearance.\n- (a) for a person who gives a notice under subsection (2) for a change mentioned in subsection (1) (c) (i) —employment in regulated employment other than as a volunteer; or\n- (b) for a person who gives a notice under subsection (2) for a change mentioned in subsection (1) (c) (ii) —carrying on a regulated business for financial reward.","sortOrder":565},{"sectionNumber":"ch.8-pt.7-div.1B","sectionType":"division","heading":"Holder of working with children exemption stops being police officer or registered teacher","content":"## Holder of working with children exemption stops being police officer or registered teacher","sortOrder":566},{"sectionNumber":"sec.350A","sectionType":"section","heading":"Holder and notifiable persons notified about expiry of working with children exemption","content":"### sec.350A Holder and notifiable persons notified about expiry of working with children exemption\n\nThe term of a working with children exemption ends if the person who holds the exemption—\nif the person was a police officer when the exemption was issued—stops being a police officer; or\nif the person was a registered teacher when the exemption was issued—stops being a registered teacher, including because the person’s registration is suspended under the Education (Queensland College of Teachers) Act 2005 , section 48 or 49 .\nThe chief executive must give the person a written notice that states—\nthe term of the person’s working with children exemption has ended because the person is no longer a police officer or registered teacher; and\nthe person must immediately return the person’s working with children card to the chief executive; and\nthe person may make a working with children check (general) application, unless the person is a disqualified person.\nThe person must give the person’s working with children card to the chief executive immediately after the chief executive gives the notice, unless the person has a reasonable excuse.\nMaximum penalty—10 penalty units.\nThe chief executive must give each notifiable person for the person a written notice that states the term of the person’s working with children exemption has ended because the person is no longer a police officer or registered teacher.\ns 350A ins 2019 No. 18 s 55\namd 2022 No. 7 s 91\n(sec.350A-ssec.1) The term of a working with children exemption ends if the person who holds the exemption— if the person was a police officer when the exemption was issued—stops being a police officer; or if the person was a registered teacher when the exemption was issued—stops being a registered teacher, including because the person’s registration is suspended under the Education (Queensland College of Teachers) Act 2005 , section 48 or 49 .\n(sec.350A-ssec.2) The chief executive must give the person a written notice that states— the term of the person’s working with children exemption has ended because the person is no longer a police officer or registered teacher; and the person must immediately return the person’s working with children card to the chief executive; and the person may make a working with children check (general) application, unless the person is a disqualified person.\n(sec.350A-ssec.3) The person must give the person’s working with children card to the chief executive immediately after the chief executive gives the notice, unless the person has a reasonable excuse. Maximum penalty—10 penalty units.\n(sec.350A-ssec.4) The chief executive must give each notifiable person for the person a written notice that states the term of the person’s working with children exemption has ended because the person is no longer a police officer or registered teacher.\n- (a) if the person was a police officer when the exemption was issued—stops being a police officer; or\n- (b) if the person was a registered teacher when the exemption was issued—stops being a registered teacher, including because the person’s registration is suspended under the Education (Queensland College of Teachers) Act 2005 , section 48 or 49 .\n- (a) the term of the person’s working with children exemption has ended because the person is no longer a police officer or registered teacher; and\n- (b) the person must immediately return the person’s working with children card to the chief executive; and\n- (c) the person may make a working with children check (general) application, unless the person is a disqualified person.","sortOrder":567},{"sectionNumber":"sec.350B","sectionType":"section","heading":"Effect of negative notice if holder no longer police officer or registered teacher","content":"### sec.350B Effect of negative notice if holder no longer police officer or registered teacher\n\nThis section applies if a person who holds a negative notice—\nif the person was a police officer when the negative notice was issued—stops being a police officer; or\nif the person was a registered teacher when the negative notice was issued—stops being a registered teacher, including because the person’s registration is suspended under the Education (Queensland College of Teachers) Act 2005 , section 48 or 49 .\nThe person’s negative notice continues in effect as if it were a notice issued under section 226 (3) .\ns 350B ins 2019 No. 18 s 55\namd 2024 No. 50 s 140 sch 1\n(sec.350B-ssec.1) This section applies if a person who holds a negative notice— if the person was a police officer when the negative notice was issued—stops being a police officer; or if the person was a registered teacher when the negative notice was issued—stops being a registered teacher, including because the person’s registration is suspended under the Education (Queensland College of Teachers) Act 2005 , section 48 or 49 .\n(sec.350B-ssec.2) The person’s negative notice continues in effect as if it were a notice issued under section 226 (3) .\n- (a) if the person was a police officer when the negative notice was issued—stops being a police officer; or\n- (b) if the person was a registered teacher when the negative notice was issued—stops being a registered teacher, including because the person’s registration is suspended under the Education (Queensland College of Teachers) Act 2005 , section 48 or 49 .","sortOrder":568},{"sectionNumber":"ch.8-pt.7-div.2","sectionType":"division","heading":"Offences relating to false or misleading information","content":"## Offences relating to false or misleading information","sortOrder":569},{"sectionNumber":"sec.351","sectionType":"section","heading":"False or misleading disclosure","content":"### sec.351 False or misleading disclosure\n\nA person must not state anything to the chief executive for chapter 7 , this chapter or chapter 10 , part 1A that the person knows is false or misleading in a material particular.\nMaximum penalty—100 penalty units or 2 years imprisonment.\ns 351 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55\nsub 2019 No. 18 s 56\namd 2024 No. 50 s 104","sortOrder":570},{"sectionNumber":"sec.352","sectionType":"section","heading":"False or misleading documents","content":"### sec.352 False or misleading documents\n\nA person must not give the chief executive a document for chapter 7 , this chapter or chapter 10 , part 1A containing information the person knows is false or misleading in a material particular.\nMaximum penalty—100 penalty units or 2 years imprisonment.\nSubsection (1) does not apply to a person if the person, when giving the document—\ntells the chief executive, to the best of the person’s ability, how it is false or misleading; and\nif the person has, or can reasonably obtain, the correct information—gives the correct information.\ns 352 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55 ; 2019 No. 18 s 57 ; 2024 No. 50 s 105\n(sec.352-ssec.1) A person must not give the chief executive a document for chapter 7 , this chapter or chapter 10 , part 1A containing information the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units or 2 years imprisonment.\n(sec.352-ssec.2) Subsection (1) does not apply to a person if the person, when giving the document— tells the chief executive, to the best of the person’s ability, how it is false or misleading; and if the person has, or can reasonably obtain, the correct information—gives the correct information.\n- (a) tells the chief executive, to the best of the person’s ability, how it is false or misleading; and\n- (b) if the person has, or can reasonably obtain, the correct information—gives the correct information.","sortOrder":571},{"sectionNumber":"ch.8-pt.7-div.3","sectionType":"division","heading":"Review and appeal","content":"## Review and appeal","sortOrder":572},{"sectionNumber":"sec.353","sectionType":"section","heading":"Definitions for division","content":"### sec.353 Definitions for division\n\nIn this division—\nchapter 8 reviewable decision , about a person, means—\na decision of the chief executive to—\nissue the person a negative notice; or\nrefuse to cancel a negative notice issued to the person; or\na decision of the chief executive if—\nthe person’s working with children authority was suspended under section 296 ; and\nthe person has applied under section 300A for the chief executive to end the suspension of the person’s working with children authority and the chief executive has decided to continue the suspension under section 300 (1) (c) ; and\nthe person claims the person is not the person the subject of the offence, action or other information that has triggered the suspension.\nprescribed period , for a review of a chapter 8 reviewable decision about a person, means the period ending 28 days after the person is given notice of—\nfor a chapter 8 reviewable decision mentioned in definition chapter 8 reviewable decision , paragraph (a) —the decision; or\nfor a chapter 8 reviewable decision mentioned in definition chapter 8 reviewable decision , paragraph (b) —the decision on the application under section 300A about the suspension.\ns 353 ins 2010 No. 5 s 58\nsub 2024 No. 50 s 106\n- (a) a decision of the chief executive to— (i) issue the person a negative notice; or (ii) refuse to cancel a negative notice issued to the person; or\n- (i) issue the person a negative notice; or\n- (ii) refuse to cancel a negative notice issued to the person; or\n- (b) a decision of the chief executive if— (i) the person’s working with children authority was suspended under section 296 ; and (ii) the person has applied under section 300A for the chief executive to end the suspension of the person’s working with children authority and the chief executive has decided to continue the suspension under section 300 (1) (c) ; and (iii) the person claims the person is not the person the subject of the offence, action or other information that has triggered the suspension.\n- (i) the person’s working with children authority was suspended under section 296 ; and\n- (ii) the person has applied under section 300A for the chief executive to end the suspension of the person’s working with children authority and the chief executive has decided to continue the suspension under section 300 (1) (c) ; and\n- (iii) the person claims the person is not the person the subject of the offence, action or other information that has triggered the suspension.\n- (i) issue the person a negative notice; or\n- (ii) refuse to cancel a negative notice issued to the person; or\n- (i) the person’s working with children authority was suspended under section 296 ; and\n- (ii) the person has applied under section 300A for the chief executive to end the suspension of the person’s working with children authority and the chief executive has decided to continue the suspension under section 300 (1) (c) ; and\n- (iii) the person claims the person is not the person the subject of the offence, action or other information that has triggered the suspension.\n- (a) for a chapter 8 reviewable decision mentioned in definition chapter 8 reviewable decision , paragraph (a) —the decision; or\n- (b) for a chapter 8 reviewable decision mentioned in definition chapter 8 reviewable decision , paragraph (b) —the decision on the application under section 300A about the suspension.","sortOrder":573},{"sectionNumber":"sec.354","sectionType":"section","heading":"Person may apply for review of chapter 8 reviewable decision","content":"### sec.354 Person may apply for review of chapter 8 reviewable decision\n\nA person who is not a disqualified person may apply, within the prescribed period and as otherwise provided under the QCAT Act , to QCAT for a review of a chapter 8 reviewable decision.\nDespite subsection (1) , a person who is a disqualified person may apply for a review of a chapter 8 reviewable decision of the chief executive to issue a negative notice if the person claims not to be the person the subject of the offence, action or other information that made the person a disqualified person.\nIf a person applies under subsection (1) to have a chapter 8 reviewable decision reviewed, QCAT may not—\nstay the operation of the decision; or\ngrant an injunction in the proceeding for the review.\nTo remove any doubt, it is declared that there is no review or appeal under this Act in relation to a decision of the chief executive to issue a negative notice to a person, or refuse to cancel a person’s negative notice, other than because of a chapter 8 reviewable decision.\nThis section does not limit section 307 .\ns 354 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55 ; 2019 No. 18 s 86 (1) sch 1 ; 2024 No. 50 s 107\n(sec.354-ssec.1) A person who is not a disqualified person may apply, within the prescribed period and as otherwise provided under the QCAT Act , to QCAT for a review of a chapter 8 reviewable decision.\n(sec.354-ssec.2) Despite subsection (1) , a person who is a disqualified person may apply for a review of a chapter 8 reviewable decision of the chief executive to issue a negative notice if the person claims not to be the person the subject of the offence, action or other information that made the person a disqualified person.\n(sec.354-ssec.3) If a person applies under subsection (1) to have a chapter 8 reviewable decision reviewed, QCAT may not— stay the operation of the decision; or grant an injunction in the proceeding for the review.\n(sec.354-ssec.4) To remove any doubt, it is declared that there is no review or appeal under this Act in relation to a decision of the chief executive to issue a negative notice to a person, or refuse to cancel a person’s negative notice, other than because of a chapter 8 reviewable decision.\n(sec.354-ssec.5) This section does not limit section 307 .\n- (a) stay the operation of the decision; or\n- (b) grant an injunction in the proceeding for the review.","sortOrder":574},{"sectionNumber":"sec.354A","sectionType":"section","heading":"Stay of operation of particular decisions on application for review","content":"### sec.354A Stay of operation of particular decisions on application for review\n\nThis section applies to a decision of QCAT, on an application for a review of a chapter 8 reviewable decision under section 354 , to set aside a decision of the chief executive.\nQCAT’s decision does not take effect until—\nthe end of the period within which an appeal against QCAT’s decision may be started; or\nif an appeal against QCAT’s decision is started—the appeal is decided or withdrawn.\nThis section applies despite the QCAT Act , sections 145 and 152 .\ns 354A ins 2019 No. 18 s 58\namd 2024 No. 50 s 108\n(sec.354A-ssec.1) This section applies to a decision of QCAT, on an application for a review of a chapter 8 reviewable decision under section 354 , to set aside a decision of the chief executive.\n(sec.354A-ssec.2) QCAT’s decision does not take effect until— the end of the period within which an appeal against QCAT’s decision may be started; or if an appeal against QCAT’s decision is started—the appeal is decided or withdrawn.\n(sec.354A-ssec.3) This section applies despite the QCAT Act , sections 145 and 152 .\n- (a) the end of the period within which an appeal against QCAT’s decision may be started; or\n- (b) if an appeal against QCAT’s decision is started—the appeal is decided or withdrawn.","sortOrder":575},{"sectionNumber":"sec.354B","sectionType":"section","heading":"Chief executive to give effect to decisions of QCAT","content":"### sec.354B Chief executive to give effect to decisions of QCAT\n\nThis section applies if, on an application for a review of a chapter 8 reviewable decision under section 354 , QCAT decides that a person must be issued a working with children authority.\nThe chief executive may do any of the things necessary and otherwise permitted or required under this Act to give effect to the decision.\nThe chief executive may request information that the chief executive reasonably needs to establish the applicant’s identity.\nThe chief executive may undertake a check for a change in a person’s criminal history.\ns 354B ins 2024 No. 50 s 109\n(sec.354B-ssec.1) This section applies if, on an application for a review of a chapter 8 reviewable decision under section 354 , QCAT decides that a person must be issued a working with children authority.\n(sec.354B-ssec.2) The chief executive may do any of the things necessary and otherwise permitted or required under this Act to give effect to the decision. The chief executive may request information that the chief executive reasonably needs to establish the applicant’s identity. The chief executive may undertake a check for a change in a person’s criminal history.\n- 1 The chief executive may request information that the chief executive reasonably needs to establish the applicant’s identity.\n- 2 The chief executive may undertake a check for a change in a person’s criminal history.","sortOrder":576},{"sectionNumber":"sec.355","sectionType":"section","heading":"Effect of applicant for a review becoming a disqualified person","content":"### sec.355 Effect of applicant for a review becoming a disqualified person\n\nThis section applies if a disqualified person made an application under section 354 before the person became a disqualified person.\nThe application and any proceeding in relation to the application must be dismissed—\nif a proceeding in relation to the application is before a court—by the court; or\notherwise—by QCAT, even if the dismissal would be contrary to a direction of the Court of Appeal.\nAny appeal by the person from a decision of QCAT on the application must be dismissed.\ns 355 ins 2010 No. 5 s 58\namd 2013 No. 14 s 54 sch\n(sec.355-ssec.1) This section applies if a disqualified person made an application under section 354 before the person became a disqualified person.\n(sec.355-ssec.2) The application and any proceeding in relation to the application must be dismissed— if a proceeding in relation to the application is before a court—by the court; or otherwise—by QCAT, even if the dismissal would be contrary to a direction of the Court of Appeal.\n(sec.355-ssec.3) Any appeal by the person from a decision of QCAT on the application must be dismissed.\n- (a) if a proceeding in relation to the application is before a court—by the court; or\n- (b) otherwise—by QCAT, even if the dismissal would be contrary to a direction of the Court of Appeal.","sortOrder":577},{"sectionNumber":"ch.8-pt.7-div.4","sectionType":"division","heading":"Other miscellaneous provisions","content":"## Other miscellaneous provisions","sortOrder":578},{"sectionNumber":"sec.356","sectionType":"section","heading":"Compliance with requirement to end, or not start, a person’s regulated employment","content":"### sec.356 Compliance with requirement to end, or not start, a person’s regulated employment\n\nThis section applies if it would be a contravention of a provision of chapter 7 or this chapter for a person (the employer ) to employ, or continue to employ, another person (the employee ) in regulated employment.\nThe employer must comply with the provision despite another Act or law or any industrial award or agreement.\nThe employer does not incur any liability because, in compliance with the provision, the employer does not employ, or continue to employ, the employee in regulated employment.\nA person whose working with children authority is suspended under section 296 may be employed in employment that is not regulated employment.\ns 356 ins 2010 No. 5 s 58\namd 2019 No. 18 s 86 (1) sch 1\n(sec.356-ssec.1) This section applies if it would be a contravention of a provision of chapter 7 or this chapter for a person (the employer ) to employ, or continue to employ, another person (the employee ) in regulated employment.\n(sec.356-ssec.2) The employer must comply with the provision despite another Act or law or any industrial award or agreement.\n(sec.356-ssec.3) The employer does not incur any liability because, in compliance with the provision, the employer does not employ, or continue to employ, the employee in regulated employment.\n(sec.356-ssec.4) A person whose working with children authority is suspended under section 296 may be employed in employment that is not regulated employment.","sortOrder":579},{"sectionNumber":"sec.357","sectionType":"section","heading":"Disqualification order","content":"### sec.357 Disqualification order\n\nThis section applies if a person is convicted of a serious offence committed in relation to, or otherwise involving, a child.\nThe court may, on application by the prosecutor or on its own initiative, make an order (a disqualification order ) in relation to the person stating that—\nthe person may not hold a working with children authority, or make a working with children check application, for a stated period; or\nthe person may never hold a working with children authority or make a working with children check application.\nHowever, the court may make a disqualification order under subsection (2) (a) or (b) only if the court considers it would not be in the interests of children for the chief executive to issue a working with children authority to the person.\nThe person against whom the disqualification order is made may appeal against the court’s decision under subsection (2) in the same way the person may appeal against the conviction.\nIn this section—\nCrown prosecutor includes—\nthe Attorney-General; and\nthe director of public prosecutions; and\nanother person, other than a police officer, appearing for the State.\nprosecutor means—\nin the context of a proceeding before, or an application to, a Magistrates Court or a Childrens Court—\na police officer; or\na service legal officer within the meaning of the Police Service Administration Act 1990 , section 10 .24; or\na Crown prosecutor; or\notherwise—a Crown prosecutor.\ns 357 ins 2010 No. 5 s 58\namd 2014 No. 28 s 55 ; 2019 No. 18 s 59 ; 2024 No. 50 s 110\n(sec.357-ssec.1) This section applies if a person is convicted of a serious offence committed in relation to, or otherwise involving, a child.\n(sec.357-ssec.2) The court may, on application by the prosecutor or on its own initiative, make an order (a disqualification order ) in relation to the person stating that— the person may not hold a working with children authority, or make a working with children check application, for a stated period; or the person may never hold a working with children authority or make a working with children check application.\n(sec.357-ssec.3) However, the court may make a disqualification order under subsection (2) (a) or (b) only if the court considers it would not be in the interests of children for the chief executive to issue a working with children authority to the person.\n(sec.357-ssec.4) The person against whom the disqualification order is made may appeal against the court’s decision under subsection (2) in the same way the person may appeal against the conviction.\n(sec.357-ssec.5) In this section— Crown prosecutor includes— the Attorney-General; and the director of public prosecutions; and another person, other than a police officer, appearing for the State. prosecutor means— in the context of a proceeding before, or an application to, a Magistrates Court or a Childrens Court— a police officer; or a service legal officer within the meaning of the Police Service Administration Act 1990 , section 10 .24; or a Crown prosecutor; or otherwise—a Crown prosecutor.\n- (a) the person may not hold a working with children authority, or make a working with children check application, for a stated period; or\n- (b) the person may never hold a working with children authority or make a working with children check application.\n- (a) the Attorney-General; and\n- (b) the director of public prosecutions; and\n- (c) another person, other than a police officer, appearing for the State.\n- (a) in the context of a proceeding before, or an application to, a Magistrates Court or a Childrens Court— (i) a police officer; or (ii) a service legal officer within the meaning of the Police Service Administration Act 1990 , section 10 .24; or (iii) a Crown prosecutor; or\n- (i) a police officer; or\n- (ii) a service legal officer within the meaning of the Police Service Administration Act 1990 , section 10 .24; or\n- (iii) a Crown prosecutor; or\n- (b) otherwise—a Crown prosecutor.\n- (i) a police officer; or\n- (ii) a service legal officer within the meaning of the Police Service Administration Act 1990 , section 10 .24; or\n- (iii) a Crown prosecutor; or","sortOrder":580},{"sectionNumber":"ch.8A-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":581},{"sectionNumber":"sec.357A","sectionType":"section","heading":"Definitions for chapter","content":"### sec.357A Definitions for chapter\n\nIn this chapter—\nassociated adult , of a regulated person for a home-based care service, see section 357D .\nauthorised user see section 357E .\nfoster or kinship care see section 357B (a) .\nhome-based care service see section 357B .\nhome-based family day care service see section 357B (b) .\nhome-based stand-alone care service see section 357B (c) .\nregister means the register kept under section 357F .\nregulated person see section 357C .\ns 357A ins 2010 No. 33 s 110\namd 2014 No. 28 ss 61 , 62 , 63\nsub 2019 No. 18 s 60","sortOrder":582},{"sectionNumber":"sec.357B","sectionType":"section","heading":"Meaning of home-based care service","content":"### sec.357B Meaning of home-based care service\n\nEach of the following services is a home-based care service —\ncare provided to a child by an approved foster carer, or approved kinship carer, under the Child Protection Act 1999 ( foster or kinship care );\ncare provided to a child as part of a family day care service provided in a family day care residence ( home-based family day care service );\na stand-alone service provided to a child in the home of a carer in relation to the service ( home-based stand-alone care service ).\ns 357B ins 2010 No. 33 s 110\nsub 2019 No. 18 s 60\n- (a) care provided to a child by an approved foster carer, or approved kinship carer, under the Child Protection Act 1999 ( foster or kinship care );\n- (b) care provided to a child as part of a family day care service provided in a family day care residence ( home-based family day care service );\n- (c) a stand-alone service provided to a child in the home of a carer in relation to the service ( home-based stand-alone care service ).","sortOrder":583},{"sectionNumber":"sec.357C","sectionType":"section","heading":"Meaning of regulated person","content":"### sec.357C Meaning of regulated person\n\nA person is a regulated person for a home-based care service if the person is—\nfor foster or kinship care—the approved foster carer, or approved kinship carer, under the Child Protection Act 1999 who provides the care; or\nfor a home-based family day care service—a family day care educator, or family day care educator assistant, under the Education and Care Services National Law (Queensland) who provides the service; or\nfor a home-based stand-alone care service—the carer, or a staff member, in relation to the service.\ns 357C ins 2010 No. 33 s 110\namd 2014 No. 28 ss 61 , 62\nsub 2019 No. 18 s 60\n- (a) for foster or kinship care—the approved foster carer, or approved kinship carer, under the Child Protection Act 1999 who provides the care; or\n- (b) for a home-based family day care service—a family day care educator, or family day care educator assistant, under the Education and Care Services National Law (Queensland) who provides the service; or\n- (c) for a home-based stand-alone care service—the carer, or a staff member, in relation to the service.","sortOrder":584},{"sectionNumber":"sec.357D","sectionType":"section","heading":"Meaning of associated adult of a regulated person","content":"### sec.357D Meaning of associated adult of a regulated person\n\nA person is an associated adult of a regulated person for a home-based care service if the person is—\nfor a regulated person who is an approved foster carer or approved kinship carer under the Child Protection Act 1999 —an adult member of the carer’s household under that Act; or\nfor a regulated person who is a family day care educator or family day care educator assistant under the Education and Care Services National Law (Queensland) for a home-based family day care service—an adult occupant of the family day care residence from which the service is provided; or\nfor a regulated person who is a carer or staff member for a home-based stand-alone care service—an adult occupant of the home from which the service is provided.\ns 357D ins 2010 No. 33 s 110\namd 2014 No. 28 ss 61 , 62 , 64\nsub 2019 No. 18 s 60\n- (a) for a regulated person who is an approved foster carer or approved kinship carer under the Child Protection Act 1999 —an adult member of the carer’s household under that Act; or\n- (b) for a regulated person who is a family day care educator or family day care educator assistant under the Education and Care Services National Law (Queensland) for a home-based family day care service—an adult occupant of the family day care residence from which the service is provided; or\n- (c) for a regulated person who is a carer or staff member for a home-based stand-alone care service—an adult occupant of the home from which the service is provided.","sortOrder":585},{"sectionNumber":"sec.357E","sectionType":"section","heading":"Who is an authorised user","content":"### sec.357E Who is an authorised user\n\nEach of the following is an authorised user —\nthe chief executive (child safety);\nthe chief executive (education and care);\nthe police commissioner;\na police officer;\nthe public guardian under the Public Guardian Act 2014 ;\na person appointed under the Public Guardian Act 2014 , section 109 as—\na community visitor (child); or\nboth a community visitor (adult) and a community visitor (child); or\na child advocacy officer;\nan appropriately qualified public service employee authorised to access the register by the chief executive or a person mentioned in paragraph (a) , (b) or (e) ;\nan appropriately qualified staff member under the Police Service Administration Act 1990 authorised to access the register by the police commissioner.\ns 357E ins 2010 No. 33 s 110\namd 2014 No. 28 ss 61 , 62 , 65\nsub 2019 No. 18 s 60\n- (a) the chief executive (child safety);\n- (b) the chief executive (education and care);\n- (c) the police commissioner;\n- (d) a police officer;\n- (e) the public guardian under the Public Guardian Act 2014 ;\n- (f) a person appointed under the Public Guardian Act 2014 , section 109 as— (i) a community visitor (child); or (ii) both a community visitor (adult) and a community visitor (child); or (iii) a child advocacy officer;\n- (i) a community visitor (child); or\n- (ii) both a community visitor (adult) and a community visitor (child); or\n- (iii) a child advocacy officer;\n- (g) an appropriately qualified public service employee authorised to access the register by the chief executive or a person mentioned in paragraph (a) , (b) or (e) ;\n- (h) an appropriately qualified staff member under the Police Service Administration Act 1990 authorised to access the register by the police commissioner.\n- (i) a community visitor (child); or\n- (ii) both a community visitor (adult) and a community visitor (child); or\n- (iii) a child advocacy officer;","sortOrder":586},{"sectionNumber":"ch.8A-pt.2","sectionType":"part","heading":"Register","content":"# Register","sortOrder":587},{"sectionNumber":"sec.357F","sectionType":"section","heading":"Register of regulated persons who provide home-based care service to children","content":"### sec.357F Register of regulated persons who provide home-based care service to children\n\nThe chief executive must keep an up-to-date register of regulated persons who provide a home-based care service.\nThe purpose of the register is to promote the safety of children by enabling authorised users to access up-to-date information about—\na regulated person who provides a home-based care service; and\neach person who is an associated adult of the regulated person for the home-based care service.\nThe chief executive may keep the register in the form the chief executive considers appropriate.\ns 357F prev s 357F ins 2010 No. 33 s 110\namd 2014 No. 28 s 61\nom 2019 No. 18 s 60\npres s 357F ins 2019 No. 18 s 60\n(sec.357F-ssec.1) The chief executive must keep an up-to-date register of regulated persons who provide a home-based care service.\n(sec.357F-ssec.2) The purpose of the register is to promote the safety of children by enabling authorised users to access up-to-date information about— a regulated person who provides a home-based care service; and each person who is an associated adult of the regulated person for the home-based care service.\n(sec.357F-ssec.3) The chief executive may keep the register in the form the chief executive considers appropriate.\n- (a) a regulated person who provides a home-based care service; and\n- (b) each person who is an associated adult of the regulated person for the home-based care service.","sortOrder":588},{"sectionNumber":"sec.357G","sectionType":"section","heading":"Contents of the register","content":"### sec.357G Contents of the register\n\nThe register must contain the following information, to the extent the information is known by the chief executive, about each regulated person for a home-based care service—\nthe information that is reasonably necessary to identify and contact the person, including, for example—\nfull name and any former names or aliases; and\ncontact details; and\ndate and place of birth;\nthe type of each home-based care service for which the person is, or has been, a regulated person;\ninformation about a working with children check application made by the person;\ninformation about a working with children authority the person holds or previously held;\ninformation about an associated adult of the person, including the information mentioned in paragraphs (a) , (c) and (d) about the adult;\nother information prescribed by regulation about—\nthe person; or\na home-based care service for which the person is, or has been, a regulated person; or\nan associated adult of the person for a home-based care service mentioned in subparagraph (ii) .\nThe register may also contain—\ninformation mentioned in subsection (1) about a person who was, but is no longer—\na regulated person for a home-based care service; or\nan associated adult of a regulated person for a home-based care service; and\nother information the chief executive considers appropriate—\nto ensure the register is accurate, comprehensive and usable; or\nfor the effective and efficient operation of the register.\ns 357G prev s 357G ins 2010 No. 33 s 110\namd 2014 No. 28 s 61\nom 2019 No. 18 s 60\npres s 357G ins 2019 No. 18 s 60\n(sec.357G-ssec.1) The register must contain the following information, to the extent the information is known by the chief executive, about each regulated person for a home-based care service— the information that is reasonably necessary to identify and contact the person, including, for example— full name and any former names or aliases; and contact details; and date and place of birth; the type of each home-based care service for which the person is, or has been, a regulated person; information about a working with children check application made by the person; information about a working with children authority the person holds or previously held; information about an associated adult of the person, including the information mentioned in paragraphs (a) , (c) and (d) about the adult; other information prescribed by regulation about— the person; or a home-based care service for which the person is, or has been, a regulated person; or an associated adult of the person for a home-based care service mentioned in subparagraph (ii) .\n(sec.357G-ssec.2) The register may also contain— information mentioned in subsection (1) about a person who was, but is no longer— a regulated person for a home-based care service; or an associated adult of a regulated person for a home-based care service; and other information the chief executive considers appropriate— to ensure the register is accurate, comprehensive and usable; or for the effective and efficient operation of the register.\n- (a) the information that is reasonably necessary to identify and contact the person, including, for example— (i) full name and any former names or aliases; and (ii) contact details; and (iii) date and place of birth;\n- (i) full name and any former names or aliases; and\n- (ii) contact details; and\n- (iii) date and place of birth;\n- (b) the type of each home-based care service for which the person is, or has been, a regulated person;\n- (c) information about a working with children check application made by the person;\n- (d) information about a working with children authority the person holds or previously held;\n- (e) information about an associated adult of the person, including the information mentioned in paragraphs (a) , (c) and (d) about the adult;\n- (f) other information prescribed by regulation about— (i) the person; or (ii) a home-based care service for which the person is, or has been, a regulated person; or (iii) an associated adult of the person for a home-based care service mentioned in subparagraph (ii) .\n- (i) the person; or\n- (ii) a home-based care service for which the person is, or has been, a regulated person; or\n- (iii) an associated adult of the person for a home-based care service mentioned in subparagraph (ii) .\n- (i) full name and any former names or aliases; and\n- (ii) contact details; and\n- (iii) date and place of birth;\n- (i) the person; or\n- (ii) a home-based care service for which the person is, or has been, a regulated person; or\n- (iii) an associated adult of the person for a home-based care service mentioned in subparagraph (ii) .\n- (a) information mentioned in subsection (1) about a person who was, but is no longer— (i) a regulated person for a home-based care service; or (ii) an associated adult of a regulated person for a home-based care service; and\n- (i) a regulated person for a home-based care service; or\n- (ii) an associated adult of a regulated person for a home-based care service; and\n- (b) other information the chief executive considers appropriate— (i) to ensure the register is accurate, comprehensive and usable; or (ii) for the effective and efficient operation of the register.\n- (i) to ensure the register is accurate, comprehensive and usable; or\n- (ii) for the effective and efficient operation of the register.\n- (i) a regulated person for a home-based care service; or\n- (ii) an associated adult of a regulated person for a home-based care service; and\n- (i) to ensure the register is accurate, comprehensive and usable; or\n- (ii) for the effective and efficient operation of the register.","sortOrder":589},{"sectionNumber":"sec.357H","sectionType":"section","heading":"Access to register","content":"### sec.357H Access to register\n\nThe chief executive may allow an authorised user to access information in the register.\ns 357H prev s 357H ins 2010 No. 33 s 110\namd 2014 No. 28 ss 61 , 62\nom 2019 No. 18 s 60\npres s 357H ins 2019 No. 18 s 60","sortOrder":590},{"sectionNumber":"sec.357I","sectionType":"section","heading":"Use, disclosure and giving of access to confidential information","content":"### sec.357I Use, disclosure and giving of access to confidential information\n\nThis section applies to a person—\nwho is, or has been, an authorised user and, in that capacity was given, or given access to, confidential information in the register; or\nwho is given, or given access to, confidential information in the register by a person mentioned in paragraph (a) .\nThe person must not use the information, or disclose or give access to the information to anyone else, unless the use, disclosure or giving of access is allowed under subsection (3) .\nMaximum penalty—100 penalty units.\nThe person may use the information, or disclose or give access to the information to another person, if the use, disclosure or giving of access—\nis to identify, assess or monitor a risk, or potential risk, to the safety or welfare of a child being provided care through a home-based care service; or\nis to establish whether or not a regulated person—\nhas made a working with children check application; or\nholds a working with children authority; or\nis to assess a person’s suitability to be—\na regulated person for a home-based care service; or\nan associated adult of a regulated person for a home-based care service; or\nis reasonably required to discharge a function under a law; or\nis required for a proceeding in a court or tribunal; or\nis authorised under a regulation or another law; or\nis related to the operation of the register, including, for example, auditing access to the information in the register.\ns 357I prev s 357I ins 2010 No. 33 s 110\namd 2014 No. 28 s 61\nom 2014 No. 28 s 66\npres s 357I ins 2019 No. 18 s 60\n(sec.357I-ssec.1) This section applies to a person— who is, or has been, an authorised user and, in that capacity was given, or given access to, confidential information in the register; or who is given, or given access to, confidential information in the register by a person mentioned in paragraph (a) .\n(sec.357I-ssec.2) The person must not use the information, or disclose or give access to the information to anyone else, unless the use, disclosure or giving of access is allowed under subsection (3) . Maximum penalty—100 penalty units.\n(sec.357I-ssec.3) The person may use the information, or disclose or give access to the information to another person, if the use, disclosure or giving of access— is to identify, assess or monitor a risk, or potential risk, to the safety or welfare of a child being provided care through a home-based care service; or is to establish whether or not a regulated person— has made a working with children check application; or holds a working with children authority; or is to assess a person’s suitability to be— a regulated person for a home-based care service; or an associated adult of a regulated person for a home-based care service; or is reasonably required to discharge a function under a law; or is required for a proceeding in a court or tribunal; or is authorised under a regulation or another law; or is related to the operation of the register, including, for example, auditing access to the information in the register.\n- (a) who is, or has been, an authorised user and, in that capacity was given, or given access to, confidential information in the register; or\n- (b) who is given, or given access to, confidential information in the register by a person mentioned in paragraph (a) .\n- (a) is to identify, assess or monitor a risk, or potential risk, to the safety or welfare of a child being provided care through a home-based care service; or\n- (b) is to establish whether or not a regulated person— (i) has made a working with children check application; or (ii) holds a working with children authority; or\n- (i) has made a working with children check application; or\n- (ii) holds a working with children authority; or\n- (c) is to assess a person’s suitability to be— (i) a regulated person for a home-based care service; or (ii) an associated adult of a regulated person for a home-based care service; or\n- (i) a regulated person for a home-based care service; or\n- (ii) an associated adult of a regulated person for a home-based care service; or\n- (d) is reasonably required to discharge a function under a law; or\n- (e) is required for a proceeding in a court or tribunal; or\n- (f) is authorised under a regulation or another law; or\n- (g) is related to the operation of the register, including, for example, auditing access to the information in the register.\n- (i) has made a working with children check application; or\n- (ii) holds a working with children authority; or\n- (i) a regulated person for a home-based care service; or\n- (ii) an associated adult of a regulated person for a home-based care service; or","sortOrder":591},{"sectionNumber":"ch.8A-pt.3","sectionType":"part","heading":null,"content":"","sortOrder":592},{"sectionNumber":"ch.8A-pt.4","sectionType":"part","heading":null,"content":"","sortOrder":593},{"sectionNumber":"sec.357J","sectionType":"section","heading":null,"content":"### Section sec.357J\n\ns 357J ins 2010 No. 33 s 110\namd 2014 No. 28 ss 61 , 62\nom 2014 No. 28 s 66","sortOrder":594},{"sectionNumber":"sec.357K","sectionType":"section","heading":null,"content":"### Section sec.357K\n\ns 357K ins 2010 No. 33 s 110\namd 2014 No. 28 s 61\nom 2014 No. 28 s 66","sortOrder":595},{"sectionNumber":"sec.357L","sectionType":"section","heading":null,"content":"### Section sec.357L\n\ns 357L ins 2010 No. 33 s 110\namd 2014 No. 28 s 61\nom 2014 No. 28 s 66","sortOrder":596},{"sectionNumber":"sec.357M","sectionType":"section","heading":null,"content":"### Section sec.357M\n\ns 357M ins 2010 No. 33 s 110\namd 2014 No. 28 s 61\nom 2014 No. 28 s 66","sortOrder":597},{"sectionNumber":"sec.357N","sectionType":"section","heading":null,"content":"### Section sec.357N\n\ns 357N ins 2010 No. 33 s 110\namd 2014 No. 28 s 61\nom 2014 No. 28 s 66","sortOrder":598},{"sectionNumber":"ch.8A-pt.5","sectionType":"part","heading":null,"content":"","sortOrder":599},{"sectionNumber":"ch.8A-pt.5-div.1","sectionType":"division","heading":null,"content":"","sortOrder":600},{"sectionNumber":"sec.357O","sectionType":"section","heading":null,"content":"### Section sec.357O\n\ns 357O ins 2010 No. 33 s 110\namd 2014 No. 28 ss 61 , 62 , 67\nom 2019 No. 18 s 60","sortOrder":601},{"sectionNumber":"sec.357P","sectionType":"section","heading":null,"content":"### Section sec.357P\n\ns 357P ins 2010 No. 33 s 110\namd 2014 No. 28 s 61\nom 2019 No. 18 s 60","sortOrder":602},{"sectionNumber":"ch.8A-pt.5-div.2","sectionType":"division","heading":null,"content":"","sortOrder":603},{"sectionNumber":"sec.357Q","sectionType":"section","heading":null,"content":"### Section sec.357Q\n\ns 357Q ins 2010 No. 33 s 110\namd 2014 No. 28 ss 61 , 62\nom 2019 No. 18 s 60","sortOrder":604},{"sectionNumber":"ch.8A-pt.6","sectionType":"part","heading":null,"content":"","sortOrder":605},{"sectionNumber":"sec.357R","sectionType":"section","heading":null,"content":"### Section sec.357R\n\ns 357R ins 2010 No. 33 s 110\namd 2014 No. 28 ss 61 , 62 , 68\nom 2019 No. 18 s 60","sortOrder":606},{"sectionNumber":"sec.357S","sectionType":"section","heading":null,"content":"### Section sec.357S\n\ns 357S ins 2010 No. 33 s 110\namd 2014 No. 28 ss 61 , 62\nom 2019 No. 18 s 60","sortOrder":607},{"sectionNumber":"sec.357T","sectionType":"section","heading":null,"content":"### Section sec.357T\n\ns 357T ins 2010 No. 33 s 110\namd 2014 No. 28 ss 61 , 62 , 69\nom 2019 No. 18 s 60","sortOrder":608},{"sectionNumber":"ch.9-pt.1","sectionType":"part","heading":"QCAT proceedings about child-related employment review","content":"# QCAT proceedings about child-related employment review","sortOrder":609},{"sectionNumber":"sec.358","sectionType":"section","heading":"Definitions for pt 1","content":"### sec.358 Definitions for pt 1\n\nIn this part—\nchild-related employment decision means a chapter 8 reviewable decision\ns 358 def child-related employment decision amd 2010 No. 5 s 56 (3) sch 2 amdt 69\nconstituting members means the member or members of QCAT constituting it for the proceeding concerned.\nQCAT child-related employment review means a review by QCAT of a child-related employment decision.\nQCAT president means the president of QCAT.\ns 358 (prev s 128A) ins 2009 No. 24 s 37\namd 2010 No. 5 s 56 (3) sch 2 amdt 1\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80","sortOrder":610},{"sectionNumber":"sec.359","sectionType":"section","heading":"Application of pt 1","content":"### sec.359 Application of pt 1\n\nThis part applies for a child-related employment review.\nThe QCAT Act also applies for the review.\ns 359 (prev s 128B) ins 2009 No. 24 s 37\namd 2010 No. 5 s 56 (3) sch 2 amdt 1\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80","sortOrder":611},{"sectionNumber":"sec.360","sectionType":"section","heading":"Principle for reviewing child-related employment decision","content":"### sec.360 Principle for reviewing child-related employment decision\n\nA child-related employment decision is to be reviewed under the principle that the welfare and best interests of a child are paramount.\ns 360 (prev s 128C) ins 2009 No. 24 s 37\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80","sortOrder":612},{"sectionNumber":"sec.361","sectionType":"section","heading":"Proceeding must always be held in private","content":"### sec.361 Proceeding must always be held in private\n\nA hearing of a proceeding for a QCAT child-related employment review must be held in private.\nHowever, the following are entitled to be present at the proceeding—\neach party to the proceeding;\nif, under an Act, a party is entitled to be represented by someone else at the proceeding, the party’s representative;\na witness while giving evidence;\na person allowed to be present to support a party;\na person allowed to be present to support a witness, while the witness is giving evidence;\na person allowed to be present by QCAT.\nThis section is subject to the QCAT Act , section 220 .\nQCAT Act , section 220 (Tribunal may exclude person)\ns 361 (prev s 128D) ins 2009 No. 24 s 37\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\n(sec.361-ssec.1) A hearing of a proceeding for a QCAT child-related employment review must be held in private.\n(sec.361-ssec.2) However, the following are entitled to be present at the proceeding— each party to the proceeding; if, under an Act, a party is entitled to be represented by someone else at the proceeding, the party’s representative; a witness while giving evidence; a person allowed to be present to support a party; a person allowed to be present to support a witness, while the witness is giving evidence; a person allowed to be present by QCAT.\n(sec.361-ssec.3) This section is subject to the QCAT Act , section 220 . QCAT Act , section 220 (Tribunal may exclude person)\n- (a) each party to the proceeding;\n- (b) if, under an Act, a party is entitled to be represented by someone else at the proceeding, the party’s representative;\n- (c) a witness while giving evidence;\n- (d) a person allowed to be present to support a party;\n- (e) a person allowed to be present to support a witness, while the witness is giving evidence;\n- (f) a person allowed to be present by QCAT.","sortOrder":613},{"sectionNumber":"sec.362","sectionType":"section","heading":"Applications on behalf of children","content":"### sec.362 Applications on behalf of children\n\nAn application for a child-related employment review may be made on behalf of a child only with the permission of the QCAT president.\nThe QCAT president may give permission only if the president considers—\nthe person is not, on the person’s own behalf, entitled to apply for the child-related employment review; and\nit is in the child’s best interests that the application be made; and\nit would be inappropriate for, or unreasonable to require, the child to make the application himself or herself.\ns 362 (prev s 128E) ins 2009 No. 24 s 37\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\n(sec.362-ssec.1) An application for a child-related employment review may be made on behalf of a child only with the permission of the QCAT president.\n(sec.362-ssec.2) The QCAT president may give permission only if the president considers— the person is not, on the person’s own behalf, entitled to apply for the child-related employment review; and it is in the child’s best interests that the application be made; and it would be inappropriate for, or unreasonable to require, the child to make the application himself or herself.\n- (a) the person is not, on the person’s own behalf, entitled to apply for the child-related employment review; and\n- (b) it is in the child’s best interests that the application be made; and\n- (c) it would be inappropriate for, or unreasonable to require, the child to make the application himself or herself.","sortOrder":614},{"sectionNumber":"sec.363","sectionType":"section","heading":"Withdrawal of application for review","content":"### sec.363 Withdrawal of application for review\n\nAn applicant may withdraw an application made on behalf of a child under section 362 only with leave of the QCAT president or QCAT.\nThe QCAT president or QCAT may give leave under subsection (1) only if the president or QCAT considers that, having regard to the child’s views or wishes, if any, it is in the child’s best interests that the application be withdrawn.\ns 363 (prev s 128F) ins 2009 No. 24 s 37\namd 2010 No. 5 s 56 (3) sch 2 amdt 70\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\n(sec.363-ssec.1) An applicant may withdraw an application made on behalf of a child under section 362 only with leave of the QCAT president or QCAT.\n(sec.363-ssec.2) The QCAT president or QCAT may give leave under subsection (1) only if the president or QCAT considers that, having regard to the child’s views or wishes, if any, it is in the child’s best interests that the application be withdrawn.","sortOrder":615},{"sectionNumber":"sec.364","sectionType":"section","heading":"Children must not be compelled to give evidence","content":"### sec.364 Children must not be compelled to give evidence\n\nA child must not be compelled to give evidence in a proceeding for a QCAT child-related employment review.\nWithout limiting subsection (1) , QCAT may not require a child to do the either of the following under the QCAT Act , section 97 (1) —\nattend a hearing of a proceeding to give evidence;\nproduce a stated document or other thing to QCAT.\nBefore a child gives evidence in a proceeding, QCAT must satisfy itself that the child is willing to give the evidence.\ns 364 (prev s 128G) ins 2009 No. 24 s 37\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\n(sec.364-ssec.1) A child must not be compelled to give evidence in a proceeding for a QCAT child-related employment review.\n(sec.364-ssec.2) Without limiting subsection (1) , QCAT may not require a child to do the either of the following under the QCAT Act , section 97 (1) — attend a hearing of a proceeding to give evidence; produce a stated document or other thing to QCAT.\n(sec.364-ssec.3) Before a child gives evidence in a proceeding, QCAT must satisfy itself that the child is willing to give the evidence.\n- (a) attend a hearing of a proceeding to give evidence;\n- (b) produce a stated document or other thing to QCAT.","sortOrder":616},{"sectionNumber":"sec.365","sectionType":"section","heading":"Children giving evidence","content":"### sec.365 Children giving evidence\n\nThis section applies if, in a proceeding for a QCAT child-related employment review—\na child is giving evidence; and\nsection 367 does not apply.\nOnly the following persons may be present while the child gives evidence—\nthe constituting members;\nthe child’s support person if the child has a support person and agrees to that person’s presence.\ns 365 (prev s 128H) ins 2009 No. 24 s 37\namd 2010 No. 5 s 56 (3) sch 2 amdt 71\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\n(sec.365-ssec.1) This section applies if, in a proceeding for a QCAT child-related employment review— a child is giving evidence; and section 367 does not apply.\n(sec.365-ssec.2) Only the following persons may be present while the child gives evidence— the constituting members; the child’s support person if the child has a support person and agrees to that person’s presence.\n- (a) a child is giving evidence; and\n- (b) section 367 does not apply.\n- (a) the constituting members;\n- (b) the child’s support person if the child has a support person and agrees to that person’s presence.","sortOrder":617},{"sectionNumber":"sec.366","sectionType":"section","heading":"Questioning of children","content":"### sec.366 Questioning of children\n\nThis section applies if, in a proceeding for a QCAT child-related employment review—\na child is giving evidence; and\nsection 367 does not apply.\nThe child must not be cross-examined.\nAlso, only the constituting members may ask questions of the child.\ns 366 (prev s 128I) ins 2009 No. 24 s 37\namd 2010 No. 5 s 56 (3) sch 2 amdt 71\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\n(sec.366-ssec.1) This section applies if, in a proceeding for a QCAT child-related employment review— a child is giving evidence; and section 367 does not apply.\n(sec.366-ssec.2) The child must not be cross-examined.\n(sec.366-ssec.3) Also, only the constituting members may ask questions of the child.\n- (a) a child is giving evidence; and\n- (b) section 367 does not apply.","sortOrder":618},{"sectionNumber":"sec.367","sectionType":"section","heading":"Provisions for QCAT child-related employment reviews","content":"### sec.367 Provisions for QCAT child-related employment reviews\n\nThis section applies if—\na child applies to QCAT for review of a child-related employment decision or a person makes the application on the child’s behalf; and\nin a proceeding for the review, the child elects to give evidence.\nBefore the child gives evidence, QCAT must tell the child that—\nhe or she may be cross-examined by QCAT or a party to the proceeding; and\nhe or she may, at any time while the cross-examination is continuing, refuse to be further cross-examined; and\nif he or she acts under paragraph (b) , the application is taken to have been withdrawn and the review stops.\nIf the child acts under subsection (2) (b) , the application is taken to have been withdrawn and the review stops.\ns 367 (prev s 128J) ins 2009 No. 24 s 37\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\n(sec.367-ssec.1) This section applies if— a child applies to QCAT for review of a child-related employment decision or a person makes the application on the child’s behalf; and in a proceeding for the review, the child elects to give evidence.\n(sec.367-ssec.2) Before the child gives evidence, QCAT must tell the child that— he or she may be cross-examined by QCAT or a party to the proceeding; and he or she may, at any time while the cross-examination is continuing, refuse to be further cross-examined; and if he or she acts under paragraph (b) , the application is taken to have been withdrawn and the review stops.\n(sec.367-ssec.3) If the child acts under subsection (2) (b) , the application is taken to have been withdrawn and the review stops.\n- (a) a child applies to QCAT for review of a child-related employment decision or a person makes the application on the child’s behalf; and\n- (b) in a proceeding for the review, the child elects to give evidence.\n- (a) he or she may be cross-examined by QCAT or a party to the proceeding; and\n- (b) he or she may, at any time while the cross-examination is continuing, refuse to be further cross-examined; and\n- (c) if he or she acts under paragraph (b) , the application is taken to have been withdrawn and the review stops.","sortOrder":619},{"sectionNumber":"ch.9-pt.2","sectionType":"part","heading":"QCAT to give statistical information to chief executive","content":"# QCAT to give statistical information to chief executive","sortOrder":620},{"sectionNumber":"sec.368","sectionType":"section","heading":"QCAT’s principal registrar to give statistical information to chief executive","content":"### sec.368 QCAT’s principal registrar to give statistical information to chief executive\n\nQCAT’s principal registrar must, from time to time, give the chief executive statistical information about—\nthe number and types of child-related employment decisions for which applications were made to QCAT for review; and\nQCAT’s decisions on the applications.\nThe information must not identify the parties (other than the decision-maker) to, or other persons taking part in, a review by QCAT.\ns 368 (prev s 128K) ins 2009 No. 24 s 37\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\namd 2011 No. 38 s 60 ; 2013 No. 44 s 263\nsub 2014 No. 28 s 71\n(sec.368-ssec.1) QCAT’s principal registrar must, from time to time, give the chief executive statistical information about— the number and types of child-related employment decisions for which applications were made to QCAT for review; and QCAT’s decisions on the applications.\n(sec.368-ssec.2) The information must not identify the parties (other than the decision-maker) to, or other persons taking part in, a review by QCAT.\n- (a) the number and types of child-related employment decisions for which applications were made to QCAT for review; and\n- (b) QCAT’s decisions on the applications.","sortOrder":621},{"sectionNumber":"ch.10-pt.1","sectionType":"part","heading":"Requirement to keep register about persons employed in regulated employment","content":"# Requirement to keep register about persons employed in regulated employment","sortOrder":622},{"sectionNumber":"sec.369","sectionType":"section","heading":"Employer must keep register","content":"### sec.369 Employer must keep register\n\nThis section applies to a person (the employer ) who employs another person (an employee ) in regulated employment.\nThe employer must keep a register that complies with subsection (3) about the employer’s employees.\nMaximum penalty—50 penalty units.\nThe register must include—\nthe name and date of birth of each employee who has made a working with children check application; and\nfor each employee who holds a working with children authority—\nthe name and date of birth of the employee; and\nthe day the term of the employee’s authority ends; and\nany reference number or other identifying number given by the chief executive for the employee’s authority; and\nfor each employee who is employed in restricted employment—\nthe name and date of birth of the employee; and\nwhether the employer considers the employee is a restricted person; and\nthe name and date of birth of each employee who is not required to apply for a working with children authority.\ns 369 prev s 369 (prev s 140A) ins 2004 No. 13 s 81\namd 2005 No. 40 s 69 sch ; 2010 No. 5 s 56 (3) sch 2 amdts 1, 72–73\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2014 No. 26 s 209\npres s 369 ins 2024 No. 50 s 111\n(sec.369-ssec.1) This section applies to a person (the employer ) who employs another person (an employee ) in regulated employment.\n(sec.369-ssec.2) The employer must keep a register that complies with subsection (3) about the employer’s employees. Maximum penalty—50 penalty units.\n(sec.369-ssec.3) The register must include— the name and date of birth of each employee who has made a working with children check application; and for each employee who holds a working with children authority— the name and date of birth of the employee; and the day the term of the employee’s authority ends; and any reference number or other identifying number given by the chief executive for the employee’s authority; and for each employee who is employed in restricted employment— the name and date of birth of the employee; and whether the employer considers the employee is a restricted person; and the name and date of birth of each employee who is not required to apply for a working with children authority.\n- (a) the name and date of birth of each employee who has made a working with children check application; and\n- (b) for each employee who holds a working with children authority— (i) the name and date of birth of the employee; and (ii) the day the term of the employee’s authority ends; and (iii) any reference number or other identifying number given by the chief executive for the employee’s authority; and\n- (i) the name and date of birth of the employee; and\n- (ii) the day the term of the employee’s authority ends; and\n- (iii) any reference number or other identifying number given by the chief executive for the employee’s authority; and\n- (c) for each employee who is employed in restricted employment— (i) the name and date of birth of the employee; and (ii) whether the employer considers the employee is a restricted person; and\n- (i) the name and date of birth of the employee; and\n- (ii) whether the employer considers the employee is a restricted person; and\n- (d) the name and date of birth of each employee who is not required to apply for a working with children authority.\n- (i) the name and date of birth of the employee; and\n- (ii) the day the term of the employee’s authority ends; and\n- (iii) any reference number or other identifying number given by the chief executive for the employee’s authority; and\n- (i) the name and date of birth of the employee; and\n- (ii) whether the employer considers the employee is a restricted person; and","sortOrder":623},{"sectionNumber":"ch.10-pt.1A","sectionType":"part","heading":"Powers to audit and monitor for compliance","content":"# Powers to audit and monitor for compliance","sortOrder":624},{"sectionNumber":"sec.370","sectionType":"section","heading":"Purpose of part","content":"### sec.370 Purpose of part\n\nThe purpose of this part is to set out the powers the chief executive may use when performing the function of auditing or monitoring compliance under section 8 (b) .\ns 370 prev s 370 (prev s 140B) ins 2004 No. 13 s 81\namd 2009 No. 24 s 38\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2014 No. 26 s 209\npres s 370 ins 2024 No. 50 s 111","sortOrder":625},{"sectionNumber":"sec.370A","sectionType":"section","heading":"Application of part","content":"### sec.370A Application of part\n\nThis part applies in relation to the following persons or entities—\na person in regulated employment;\na person or entity who employs another person in regulated employment;\na regulated business;\na person performing a child-related duty in a public sector entity;\nany other person the chief executive reasonably considers may hold information relevant to the chief executive’s main functions under section 8 .\nIn this section—\nchild-related duty see the Public Sector Act 2022 , section 57 .\ns 370A ins 2024 No. 50 s 111\n(sec.370A-ssec.1) This part applies in relation to the following persons or entities— a person in regulated employment; a person or entity who employs another person in regulated employment; a regulated business; a person performing a child-related duty in a public sector entity; any other person the chief executive reasonably considers may hold information relevant to the chief executive’s main functions under section 8 .\n(sec.370A-ssec.2) In this section— child-related duty see the Public Sector Act 2022 , section 57 .\n- (a) a person in regulated employment;\n- (b) a person or entity who employs another person in regulated employment;\n- (c) a regulated business;\n- (d) a person performing a child-related duty in a public sector entity;\n- (e) any other person the chief executive reasonably considers may hold information relevant to the chief executive’s main functions under section 8 .","sortOrder":626},{"sectionNumber":"sec.370B","sectionType":"section","heading":"Obtaining information from persons","content":"### sec.370B Obtaining information from persons\n\nThe chief executive may, by written notice, ask a person for information that the chief executive reasonably believes is necessary for the chief executive to perform the function under section 8 (b) of auditing or monitoring compliance with this Act.\nThe chief executive may state the way the person must give the information to the chief executive, including that the information be given—\nin a statement setting out the information related to the matters being audited or monitored; or\nas documents related to the matters being audited or monitored.\nThe person must comply with the request on or before the day stated in the notice unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\ns 370B ins 2024 No. 50 s 111\n(sec.370B-ssec.1) The chief executive may, by written notice, ask a person for information that the chief executive reasonably believes is necessary for the chief executive to perform the function under section 8 (b) of auditing or monitoring compliance with this Act.\n(sec.370B-ssec.2) The chief executive may state the way the person must give the information to the chief executive, including that the information be given— in a statement setting out the information related to the matters being audited or monitored; or as documents related to the matters being audited or monitored.\n(sec.370B-ssec.3) The person must comply with the request on or before the day stated in the notice unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n- (a) in a statement setting out the information related to the matters being audited or monitored; or\n- (b) as documents related to the matters being audited or monitored.","sortOrder":627},{"sectionNumber":"sec.370C","sectionType":"section","heading":"Dealing with information obtained under part","content":"### sec.370C Dealing with information obtained under part\n\nThe chief executive may do the following with documents obtained under this part—\nkeep the documents for the period necessary for the chief executive to perform the function under section 8 (b) of auditing or monitoring compliance with this Act;\nmake copies of, or take extracts from, the documents.\nIf the chief executive has possession of the documents, the chief executive must permit a person, who would be entitled to inspect the documents if the chief executive did not have possession, to inspect the documents at all reasonable times.\ns 370C ins 2024 No. 50 s 111\n(sec.370C-ssec.1) The chief executive may do the following with documents obtained under this part— keep the documents for the period necessary for the chief executive to perform the function under section 8 (b) of auditing or monitoring compliance with this Act; make copies of, or take extracts from, the documents.\n(sec.370C-ssec.2) If the chief executive has possession of the documents, the chief executive must permit a person, who would be entitled to inspect the documents if the chief executive did not have possession, to inspect the documents at all reasonable times.\n- (a) keep the documents for the period necessary for the chief executive to perform the function under section 8 (b) of auditing or monitoring compliance with this Act;\n- (b) make copies of, or take extracts from, the documents.","sortOrder":628},{"sectionNumber":"ch.10-pt.2","sectionType":"part","heading":"When chief executive may give notice other than in writing","content":"# When chief executive may give notice other than in writing","sortOrder":629},{"sectionNumber":"sec.371","sectionType":"section","heading":"Application of pt 2","content":"### sec.371 Application of pt 2\n\nThis part applies if, under this Act, the chief executive is required to give written notice to a person about a decision made or action taken by the chief executive.\ns 371 (prev s 141) amd 2010 No. 5 s 56 (3) sch 2 amdts 1, 27\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\namd 2014 No. 28 s 72","sortOrder":630},{"sectionNumber":"sec.372","sectionType":"section","heading":"Person asks for notice other than in writing","content":"### sec.372 Person asks for notice other than in writing\n\nThis section applies if the person asks the chief executive not to notify the person by written notice but to use another way of communication.\nThe chief executive must communicate with the person in the requested way, to the extent it is reasonable for the chief executive to do so, instead of giving the written notice.\ns 372 (prev s 142) renum 2010 No. 5 s 56 (3) sch 2 amdt 80\namd 2014 No. 28 s 72\n(sec.372-ssec.1) This section applies if the person asks the chief executive not to notify the person by written notice but to use another way of communication.\n(sec.372-ssec.2) The chief executive must communicate with the person in the requested way, to the extent it is reasonable for the chief executive to do so, instead of giving the written notice.","sortOrder":631},{"sectionNumber":"sec.373","sectionType":"section","heading":"Written notice inappropriate","content":"### sec.373 Written notice inappropriate\n\nThis section applies if the chief executive considers—\nif the written notice is given—\nthe rights, interests or wellbeing of a child may be adversely affected; or\nthe health or safety of the person, or of someone else, may be put at risk; or\nan investigation by the chief executive will be prejudiced; or\nfor another reason, it would not be appropriate to give the written notice in the circumstances.\nThe chief executive may communicate with the person in a way the chief executive considers appropriate instead of giving the written notice.\nIf the person asks the chief executive to give the written notice to the person’s lawyer or other nominated representative, the chief executive must do so.\ns 373 (prev s 143) renum 2010 No. 5 s 56 (3) sch 2 amdt 80\namd 2014 No. 28 s 72\n(sec.373-ssec.1) This section applies if the chief executive considers— if the written notice is given— the rights, interests or wellbeing of a child may be adversely affected; or the health or safety of the person, or of someone else, may be put at risk; or an investigation by the chief executive will be prejudiced; or for another reason, it would not be appropriate to give the written notice in the circumstances.\n(sec.373-ssec.2) The chief executive may communicate with the person in a way the chief executive considers appropriate instead of giving the written notice.\n(sec.373-ssec.3) If the person asks the chief executive to give the written notice to the person’s lawyer or other nominated representative, the chief executive must do so.\n- (a) if the written notice is given— (i) the rights, interests or wellbeing of a child may be adversely affected; or (ii) the health or safety of the person, or of someone else, may be put at risk; or (iii) an investigation by the chief executive will be prejudiced; or\n- (i) the rights, interests or wellbeing of a child may be adversely affected; or\n- (ii) the health or safety of the person, or of someone else, may be put at risk; or\n- (iii) an investigation by the chief executive will be prejudiced; or\n- (b) for another reason, it would not be appropriate to give the written notice in the circumstances.\n- (i) the rights, interests or wellbeing of a child may be adversely affected; or\n- (ii) the health or safety of the person, or of someone else, may be put at risk; or\n- (iii) an investigation by the chief executive will be prejudiced; or","sortOrder":632},{"sectionNumber":"sec.374","sectionType":"section","heading":"Chief executive must keep record","content":"### sec.374 Chief executive must keep record\n\nIf, under this part, the chief executive does not give the written notice, the chief executive must keep a written record of—\nthe reasons for not giving the written notice; and\nthe way the chief executive told the person about the decision or action; and\nwhen the chief executive told the person about the decision or action; and\nthe substance of the communication.\ns 374 (prev s 144) amd 2010 No. 5 s 56 (3) sch 2 amdt 27\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\namd 2014 No. 28 ss 72 , 73\n- (a) the reasons for not giving the written notice; and\n- (b) the way the chief executive told the person about the decision or action; and\n- (c) when the chief executive told the person about the decision or action; and\n- (d) the substance of the communication.","sortOrder":633},{"sectionNumber":"ch.10-pt.3","sectionType":"part","heading":"Evidence and legal proceedings","content":"# Evidence and legal proceedings","sortOrder":634},{"sectionNumber":"sec.375","sectionType":"section","heading":"Working with children card is evidence of authority","content":"### sec.375 Working with children card is evidence of authority\n\nA working with children card issued to a person other than a police officer or registered teacher is evidence that the person holds a working with children clearance.\nA working with children card issued to a police officer or registered teacher is evidence that the police officer or teacher holds a working with children authority.\ns 375 (prev s 144A) ins 2004 No. 49 s 44\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\nsub 2019 No. 18 s 61\n(sec.375-ssec.1) A working with children card issued to a person other than a police officer or registered teacher is evidence that the person holds a working with children clearance.\n(sec.375-ssec.2) A working with children card issued to a police officer or registered teacher is evidence that the police officer or teacher holds a working with children authority.","sortOrder":635},{"sectionNumber":"sec.376","sectionType":"section","heading":"Evidentiary provisions","content":"### sec.376 Evidentiary provisions\n\nThis section applies to a proceeding under or in relation to this Act.\nA signature purporting to be the signature of the chief executive is evidence of the signature it purports to be.\nA certificate purporting to be signed by the chief executive stating any of the following matters is evidence of the matter—\na stated document is a copy of a notice given or issued under this Act;\non a stated day, a stated person was given a stated notice under this Act.\ns 376 (prev s 145) amd 2004 No. 36 s 52\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\nsub 2014 No. 28 s 74\n(sec.376-ssec.1) This section applies to a proceeding under or in relation to this Act.\n(sec.376-ssec.2) A signature purporting to be the signature of the chief executive is evidence of the signature it purports to be.\n(sec.376-ssec.3) A certificate purporting to be signed by the chief executive stating any of the following matters is evidence of the matter— a stated document is a copy of a notice given or issued under this Act; on a stated day, a stated person was given a stated notice under this Act.\n- (a) a stated document is a copy of a notice given or issued under this Act;\n- (b) on a stated day, a stated person was given a stated notice under this Act.","sortOrder":636},{"sectionNumber":"sec.377","sectionType":"section","heading":"Indictable and summary offences","content":"### sec.377 Indictable and summary offences\n\nAn offence against this Act is an indictable offence, and a crime, if the maximum penalty for the offence is—\n500 penalty units or more; or\n5 years imprisonment or more.\nOtherwise, an offence against this Act is a summary offence.\ns 377 (prev s 146) amd 2004 No. 49 s 45 ; 2008 No. 18 s 44 ; 2010 No. 5 s 60\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\namd 2014 No. 28 s 75 ; 2019 No. 18 s 62\n(sec.377-ssec.1) An offence against this Act is an indictable offence, and a crime, if the maximum penalty for the offence is— 500 penalty units or more; or 5 years imprisonment or more.\n(sec.377-ssec.3) Otherwise, an offence against this Act is a summary offence.\n- (a) 500 penalty units or more; or\n- (b) 5 years imprisonment or more.","sortOrder":637},{"sectionNumber":"sec.378","sectionType":"section","heading":"Proceedings for indictable offences","content":"### sec.378 Proceedings for indictable offences\n\nA proceeding for an indictable offence against this Act may be taken, at the election of the prosecution—\nby way of summary proceedings under the Justices Act 1886 ; or\non indictment.\nA magistrate must not hear an indictable offence summarily if—\nthe magistrate is satisfied, at any stage of the hearing and after hearing any submissions by the prosecution and defence, that because of the nature or seriousness of the offence or any other relevant consideration the defendant, if convicted, may not be adequately punished on summary conviction; or\nthe magistrate is satisfied, on an application made by the defence, that because of exceptional circumstances the offence should not be heard and decided summarily.\nIf subsection (2) applies—\nthe magistrate must proceed by way of an examination of witnesses for an indictable offence; and\na plea of the person charged at the start of the proceeding must be disregarded; and\nevidence brought in the proceeding before the magistrate decided to act under subsection (2) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and\nbefore committing the person for trial or sentence, the magistrate must make a statement to the person as required by the Justices Act 1886 , section 104 (2) (b) .\nThe maximum penalty that may be summarily imposed for an indictable offence is 100 penalty units or 3 years imprisonment.\ns 378 (prev s 147) renum 2010 No. 5 s 56 (3) sch 2 amdt 80\namd 2019 No. 18 s 63\n(sec.378-ssec.1) A proceeding for an indictable offence against this Act may be taken, at the election of the prosecution— by way of summary proceedings under the Justices Act 1886 ; or on indictment.\n(sec.378-ssec.2) A magistrate must not hear an indictable offence summarily if— the magistrate is satisfied, at any stage of the hearing and after hearing any submissions by the prosecution and defence, that because of the nature or seriousness of the offence or any other relevant consideration the defendant, if convicted, may not be adequately punished on summary conviction; or the magistrate is satisfied, on an application made by the defence, that because of exceptional circumstances the offence should not be heard and decided summarily.\n(sec.378-ssec.3) If subsection (2) applies— the magistrate must proceed by way of an examination of witnesses for an indictable offence; and a plea of the person charged at the start of the proceeding must be disregarded; and evidence brought in the proceeding before the magistrate decided to act under subsection (2) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and before committing the person for trial or sentence, the magistrate must make a statement to the person as required by the Justices Act 1886 , section 104 (2) (b) .\n(sec.378-ssec.4) The maximum penalty that may be summarily imposed for an indictable offence is 100 penalty units or 3 years imprisonment.\n- (a) by way of summary proceedings under the Justices Act 1886 ; or\n- (b) on indictment.\n- (a) the magistrate is satisfied, at any stage of the hearing and after hearing any submissions by the prosecution and defence, that because of the nature or seriousness of the offence or any other relevant consideration the defendant, if convicted, may not be adequately punished on summary conviction; or\n- (b) the magistrate is satisfied, on an application made by the defence, that because of exceptional circumstances the offence should not be heard and decided summarily.\n- (a) the magistrate must proceed by way of an examination of witnesses for an indictable offence; and\n- (b) a plea of the person charged at the start of the proceeding must be disregarded; and\n- (c) evidence brought in the proceeding before the magistrate decided to act under subsection (2) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and\n- (d) before committing the person for trial or sentence, the magistrate must make a statement to the person as required by the Justices Act 1886 , section 104 (2) (b) .","sortOrder":638},{"sectionNumber":"sec.379","sectionType":"section","heading":"Limitation on who may summarily hear indictable offence proceedings","content":"### sec.379 Limitation on who may summarily hear indictable offence proceedings\n\nA proceeding must be before a magistrate if it is a proceeding—\nfor the summary conviction of a person on a charge for an indictable offence; or\nfor an examination of witnesses for a charge for an indictable offence.\nHowever, if a proceeding for an indictable offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991 .\ns 379 (prev s 148) renum 2010 No. 5 s 56 (3) sch 2 amdt 80\n(sec.379-ssec.1) A proceeding must be before a magistrate if it is a proceeding— for the summary conviction of a person on a charge for an indictable offence; or for an examination of witnesses for a charge for an indictable offence.\n(sec.379-ssec.2) However, if a proceeding for an indictable offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991 .\n- (a) for the summary conviction of a person on a charge for an indictable offence; or\n- (b) for an examination of witnesses for a charge for an indictable offence.","sortOrder":639},{"sectionNumber":"sec.380","sectionType":"section","heading":"Proceeding for offences","content":"### sec.380 Proceeding for offences\n\nA proceeding for an offence against this Act, other than an indictable offence, must be taken in a summary way under the Justices Act 1886 .\ns 380 (prev s 149) renum 2010 No. 5 s 56 (3) sch 2 amdt 80","sortOrder":640},{"sectionNumber":"sec.381","sectionType":"section","heading":"When proceeding may start","content":"### sec.381 When proceeding may start\n\nA proceeding for an offence against this Act may be started within—\n1 year after the offence is committed; or\n1 year after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.\ns 381 (prev s 150) renum 2010 No. 5 s 56 (3) sch 2 amdt 80\n- (a) 1 year after the offence is committed; or\n- (b) 1 year after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.","sortOrder":641},{"sectionNumber":"sec.382","sectionType":"section","heading":null,"content":"### Section sec.382\n\ns 382 (prev s 151) renum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2014 No. 28 s 76","sortOrder":642},{"sectionNumber":"sec.383","sectionType":"section","heading":null,"content":"### Section sec.383\n\ns 383 (prev s 151A) ins 2004 No. 49 s 46\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2013 No. 51 s 20","sortOrder":643},{"sectionNumber":"ch.10-pt.4","sectionType":"part","heading":"Confidentiality","content":"# Confidentiality","sortOrder":644},{"sectionNumber":"sec.384","sectionType":"section","heading":"Confidentiality of protected information","content":"### sec.384 Confidentiality of protected information\n\nThis section applies to a person who—\nis or has been—\na public service employee employed in the department; or\na member of an advisory committee; or\nan expert advisor; and\nin that capacity, was given, or given access to, any of the following information ( protected information ) about a person—\npolice information and information related to the police information;\ndomestic violence information and information related to the domestic violence information;\ndisciplinary information;\nadverse interstate WWC information;\ninformation about the person’s mental health, including, for example, information about a proceeding in the Mental Health Court or the Mental Health Review Tribunal about the person;\nother information that the chief executive has considered in making an employment-screening decision about the person, including, for example, information given to the chief executive by the chief executive (disability worker screening) under the Disability Services Act 2006 , section 138ZG or an interstate screening unit.\nAlso, this section applies to a person who is or has been—\nthe Minister and, in that capacity, received a report under section 395 that contains protected information; or\na member of the Minister’s staff and, in that capacity, was given, or given access to, a report or information mentioned in paragraph (a) .\nThe person must not use the protected information, or disclose or give access to the protected information to anyone else, unless the use, disclosure or giving or access is allowed under subsection (4) .\nMaximum penalty—100 penalty units or 2 years imprisonment.\nThe person may use the protected information, or disclose or give access to the protected information to another person if the use, disclosure or giving of access—\nis for the purpose of an employment-screening decision; or\nfor protected information other than a section 93A transcript or a transcript of a recorded statement—is for the purpose of obtaining advice for, or giving advice to the Minister, in relation to the protected information; or\nhappens with the consent of the person to whom the protected information relates; or\nis expressly permitted under chapter 8 or section 395 ; or\nis for research purposes under section 398B ; or\nis otherwise required under a law.\ns 384 (prev s 152) amd 2004 No. 36 s 53 ; 2006 No. 17 s 48 ; 2010 No. 5 s 61\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\namd 2010 No. 33 s 111 ; 2014 No. 28 s 77\nsub 2019 No. 18 s 64\namd 2020 No. 39 s 55 ; 2022 No. 7 ss 92 , 127 ; 2022 No. 12 s 50 ; 2024 No. 50 s 112\n(sec.384-ssec.1) This section applies to a person who— is or has been— a public service employee employed in the department; or a member of an advisory committee; or an expert advisor; and in that capacity, was given, or given access to, any of the following information ( protected information ) about a person— police information and information related to the police information; domestic violence information and information related to the domestic violence information; disciplinary information; adverse interstate WWC information; information about the person’s mental health, including, for example, information about a proceeding in the Mental Health Court or the Mental Health Review Tribunal about the person; other information that the chief executive has considered in making an employment-screening decision about the person, including, for example, information given to the chief executive by the chief executive (disability worker screening) under the Disability Services Act 2006 , section 138ZG or an interstate screening unit.\n(sec.384-ssec.2) Also, this section applies to a person who is or has been— the Minister and, in that capacity, received a report under section 395 that contains protected information; or a member of the Minister’s staff and, in that capacity, was given, or given access to, a report or information mentioned in paragraph (a) .\n(sec.384-ssec.3) The person must not use the protected information, or disclose or give access to the protected information to anyone else, unless the use, disclosure or giving or access is allowed under subsection (4) . Maximum penalty—100 penalty units or 2 years imprisonment.\n(sec.384-ssec.4) The person may use the protected information, or disclose or give access to the protected information to another person if the use, disclosure or giving of access— is for the purpose of an employment-screening decision; or for protected information other than a section 93A transcript or a transcript of a recorded statement—is for the purpose of obtaining advice for, or giving advice to the Minister, in relation to the protected information; or happens with the consent of the person to whom the protected information relates; or is expressly permitted under chapter 8 or section 395 ; or is for research purposes under section 398B ; or is otherwise required under a law.\n- (a) is or has been— (i) a public service employee employed in the department; or (ii) a member of an advisory committee; or (iii) an expert advisor; and\n- (i) a public service employee employed in the department; or\n- (ii) a member of an advisory committee; or\n- (iii) an expert advisor; and\n- (b) in that capacity, was given, or given access to, any of the following information ( protected information ) about a person— (i) police information and information related to the police information; (ii) domestic violence information and information related to the domestic violence information; (iii) disciplinary information; (iv) adverse interstate WWC information; (v) information about the person’s mental health, including, for example, information about a proceeding in the Mental Health Court or the Mental Health Review Tribunal about the person; (vi) other information that the chief executive has considered in making an employment-screening decision about the person, including, for example, information given to the chief executive by the chief executive (disability worker screening) under the Disability Services Act 2006 , section 138ZG or an interstate screening unit.\n- (i) police information and information related to the police information;\n- (ii) domestic violence information and information related to the domestic violence information;\n- (iii) disciplinary information;\n- (iv) adverse interstate WWC information;\n- (v) information about the person’s mental health, including, for example, information about a proceeding in the Mental Health Court or the Mental Health Review Tribunal about the person;\n- (vi) other information that the chief executive has considered in making an employment-screening decision about the person, including, for example, information given to the chief executive by the chief executive (disability worker screening) under the Disability Services Act 2006 , section 138ZG or an interstate screening unit.\n- (i) a public service employee employed in the department; or\n- (ii) a member of an advisory committee; or\n- (iii) an expert advisor; and\n- (i) police information and information related to the police information;\n- (ii) domestic violence information and information related to the domestic violence information;\n- (iii) disciplinary information;\n- (iv) adverse interstate WWC information;\n- (v) information about the person’s mental health, including, for example, information about a proceeding in the Mental Health Court or the Mental Health Review Tribunal about the person;\n- (vi) other information that the chief executive has considered in making an employment-screening decision about the person, including, for example, information given to the chief executive by the chief executive (disability worker screening) under the Disability Services Act 2006 , section 138ZG or an interstate screening unit.\n- (a) the Minister and, in that capacity, received a report under section 395 that contains protected information; or\n- (b) a member of the Minister’s staff and, in that capacity, was given, or given access to, a report or information mentioned in paragraph (a) .\n- (a) is for the purpose of an employment-screening decision; or\n- (b) for protected information other than a section 93A transcript or a transcript of a recorded statement—is for the purpose of obtaining advice for, or giving advice to the Minister, in relation to the protected information; or\n- (c) happens with the consent of the person to whom the protected information relates; or\n- (d) is expressly permitted under chapter 8 or section 395 ; or\n- (e) is for research purposes under section 398B ; or\n- (f) is otherwise required under a law.","sortOrder":645},{"sectionNumber":"sec.385","sectionType":"section","heading":"Confidentiality of other information","content":"### sec.385 Confidentiality of other information\n\nThis section applies to a person who—\nis or has been—\nthe Minister or a member of the Minister’s staff; or\na public service employee employed in the department; or\na member of an advisory committee; or\nan expert advisor; and\nin that capacity, was given or given access to confidential information.\nHowever, this section does not apply in relation to confidential information that is protected information under section 384 .\nThe person must not use the confidential information, or disclose or give access to the confidential information to anyone else, unless the use, disclosure or giving of access is allowed under subsection (4) .\nMaximum penalty—100 penalty units.\nThe person may use the confidential information, or disclose or give access to the confidential information to another person, if the use, disclosure or giving of access—\nis for the purpose of this Act; or\nis for the purpose of obtaining advice for, or giving advice to, the Minister in relation to the confidential information; or\nis for the purpose of performing a function under another law; or\nis for a proceeding in a court or tribunal; or\nis authorised under a regulation or another law; or\nhappens with the consent of the person to whom the confidential information relates; or\nis for a purpose directly related to a child’s protection or welfare.\ns 385 (prev s 153) amd 2004 No. 36 s 54 ; 2006 No. 17 s 49 ; 2010 No. 5 s 56 (3) sch 2 amdts 74–75\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\namd 2014 No. 28 s 78 ; 2019 No. 18 s 86 (1) sch 1\nsub 2020 No. 39 s 56\namd 2024 No. 50 s 113\n(sec.385-ssec.1) This section applies to a person who— is or has been— the Minister or a member of the Minister’s staff; or a public service employee employed in the department; or a member of an advisory committee; or an expert advisor; and in that capacity, was given or given access to confidential information.\n(sec.385-ssec.2) However, this section does not apply in relation to confidential information that is protected information under section 384 .\n(sec.385-ssec.3) The person must not use the confidential information, or disclose or give access to the confidential information to anyone else, unless the use, disclosure or giving of access is allowed under subsection (4) . Maximum penalty—100 penalty units.\n(sec.385-ssec.4) The person may use the confidential information, or disclose or give access to the confidential information to another person, if the use, disclosure or giving of access— is for the purpose of this Act; or is for the purpose of obtaining advice for, or giving advice to, the Minister in relation to the confidential information; or is for the purpose of performing a function under another law; or is for a proceeding in a court or tribunal; or is authorised under a regulation or another law; or happens with the consent of the person to whom the confidential information relates; or is for a purpose directly related to a child’s protection or welfare.\n- (a) is or has been— (i) the Minister or a member of the Minister’s staff; or (ii) a public service employee employed in the department; or (iii) a member of an advisory committee; or (iv) an expert advisor; and\n- (i) the Minister or a member of the Minister’s staff; or\n- (ii) a public service employee employed in the department; or\n- (iii) a member of an advisory committee; or\n- (iv) an expert advisor; and\n- (b) in that capacity, was given or given access to confidential information.\n- (i) the Minister or a member of the Minister’s staff; or\n- (ii) a public service employee employed in the department; or\n- (iii) a member of an advisory committee; or\n- (iv) an expert advisor; and\n- (a) is for the purpose of this Act; or\n- (b) is for the purpose of obtaining advice for, or giving advice to, the Minister in relation to the confidential information; or\n- (c) is for the purpose of performing a function under another law; or\n- (d) is for a proceeding in a court or tribunal; or\n- (e) is authorised under a regulation or another law; or\n- (f) happens with the consent of the person to whom the confidential information relates; or\n- (g) is for a purpose directly related to a child’s protection or welfare.","sortOrder":646},{"sectionNumber":"sec.386","sectionType":"section","heading":null,"content":"### Section sec.386\n\ns 386 (prev s 154) amd 2010 No. 5 s 56 (3) sch 2 amdt 76\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2014 No. 28 s 79","sortOrder":647},{"sectionNumber":"ch.10-pt.5","sectionType":"part","heading":null,"content":"","sortOrder":648},{"sectionNumber":"sec.387","sectionType":"section","heading":null,"content":"### Section sec.387\n\ns 387 (prev s 155) renum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2014 No. 28 s 80","sortOrder":649},{"sectionNumber":"sec.388","sectionType":"section","heading":null,"content":"### Section sec.388\n\ns 388 (prev s 156) renum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2014 No. 28 s 80","sortOrder":650},{"sectionNumber":"sec.389","sectionType":"section","heading":null,"content":"### Section sec.389\n\ns 389 (prev s 157) renum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2014 No. 28 s 80","sortOrder":651},{"sectionNumber":"ch.10-pt.6","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":652},{"sectionNumber":"sec.390","sectionType":"section","heading":"Meaning of parent","content":"### sec.390 Meaning of parent\n\nA parent of a child is the child’s mother, father or someone else, other than the chief executive (child safety), having or exercising parental responsibility for the child.\nHowever, a person standing in the place of a parent of a child on a temporary basis is not a parent of the child.\nA parent of an Aboriginal child includes a person who, under Aboriginal tradition, is regarded as a parent of the child.\nA parent of a Torres Strait Islander child includes a person who, under Island custom, is regarded as a parent of the child.\ns 390 (prev s 158) amd 2004 No. 13 s 30 sch 1\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\n(sec.390-ssec.1) A parent of a child is the child’s mother, father or someone else, other than the chief executive (child safety), having or exercising parental responsibility for the child.\n(sec.390-ssec.2) However, a person standing in the place of a parent of a child on a temporary basis is not a parent of the child.\n(sec.390-ssec.3) A parent of an Aboriginal child includes a person who, under Aboriginal tradition, is regarded as a parent of the child.\n(sec.390-ssec.4) A parent of a Torres Strait Islander child includes a person who, under Island custom, is regarded as a parent of the child.","sortOrder":653},{"sectionNumber":"sec.391","sectionType":"section","heading":null,"content":"### Section sec.391\n\ns 391 (prev s 159) amd 2004 No. 13 s 82\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2014 No. 26 s 210","sortOrder":654},{"sectionNumber":"sec.392","sectionType":"section","heading":null,"content":"### Section sec.392\n\ns 392 (prev s 160) renum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2014 No. 26 s 210","sortOrder":655},{"sectionNumber":"sec.393","sectionType":"section","heading":"Protection from liability","content":"### sec.393 Protection from liability\n\nAn official does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.\nIf subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the State.\nIn this section—\nofficial means—\nthe Minister or a member of the Minister’s staff; or\na member of an advisory committee; or\nan expert advisor.\ns 393 (prev s 161) amd 2004 No. 13 s 83 ; 2004 No. 36 s 55 ; 2006 No. 17 s 50\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\namd 2014 No. 28 s 81 ; 2024 No. 50 s 114\n(sec.393-ssec.1) An official does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.\n(sec.393-ssec.2) If subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the State.\n(sec.393-ssec.3) In this section— official means— the Minister or a member of the Minister’s staff; or a member of an advisory committee; or an expert advisor.\n- (a) the Minister or a member of the Minister’s staff; or\n- (b) a member of an advisory committee; or\n- (c) an expert advisor.","sortOrder":656},{"sectionNumber":"sec.394","sectionType":"section","heading":null,"content":"### Section sec.394\n\ns 394 (prev s 162) renum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2014 No. 28 s 82","sortOrder":657},{"sectionNumber":"sec.395","sectionType":"section","heading":"Reports by chief executive","content":"### sec.395 Reports by chief executive\n\nThe chief executive may provide the Minister with a report relating to the administration of this Act, including the performance and exercise of the chief executive’s functions and powers under this Act.\nThe chief executive must provide the Minister with a report of a type mentioned in subsection (1) if the Minister asks for it.\nA report under this section—\nmay relate to matters generally or to a particular matter; or\nmay include confidential information about a person obtained under chapter 8 or 8A , including—\nprotected information under section 384 ; and\nconfidential information to which section 385 applies.\nThe chief executive must ensure the department’s annual report under the Financial Accountability Act 2009 for a financial year includes information about the number of times the Minister asked the chief executive for a report under this section during the year.\ns 395 (prev s 163) sub 2006 No. 17 s 51\namd 2010 No. 5 s 56 (3) sch 2 amdt 77\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\namd 2014 No. 28 s 83 ; 2020 No. 39 s 57\n(sec.395-ssec.1) The chief executive may provide the Minister with a report relating to the administration of this Act, including the performance and exercise of the chief executive’s functions and powers under this Act.\n(sec.395-ssec.2) The chief executive must provide the Minister with a report of a type mentioned in subsection (1) if the Minister asks for it.\n(sec.395-ssec.3) A report under this section— may relate to matters generally or to a particular matter; or may include confidential information about a person obtained under chapter 8 or 8A , including— protected information under section 384 ; and confidential information to which section 385 applies.\n(sec.395-ssec.4) The chief executive must ensure the department’s annual report under the Financial Accountability Act 2009 for a financial year includes information about the number of times the Minister asked the chief executive for a report under this section during the year.\n- (a) may relate to matters generally or to a particular matter; or\n- (b) may include confidential information about a person obtained under chapter 8 or 8A , including— (i) protected information under section 384 ; and (ii) confidential information to which section 385 applies.\n- (i) protected information under section 384 ; and\n- (ii) confidential information to which section 385 applies.\n- (i) protected information under section 384 ; and\n- (ii) confidential information to which section 385 applies.","sortOrder":658},{"sectionNumber":"sec.396","sectionType":"section","heading":"Duty of police commissioner to comply with request for information","content":"### sec.396 Duty of police commissioner to comply with request for information\n\nThe section applies if a provision of this Act imposes a duty on the police commissioner to comply with a request for information.\nThe duty applies only to information in the commissioner’s possession or to which the commissioner has access.\ns 396 prev s 396 (prev s 163A) ins 2004 No. 13 s 84\namd 2006 No. 17 s 52 ; 2009 No. 9 s 136 sch 1\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2014 No. 28 s 84\npres s 396 ins 2024 No. 50 s 115\n(sec.396-ssec.1) The section applies if a provision of this Act imposes a duty on the police commissioner to comply with a request for information.\n(sec.396-ssec.2) The duty applies only to information in the commissioner’s possession or to which the commissioner has access.","sortOrder":659},{"sectionNumber":"sec.397","sectionType":"section","heading":"Chief executive may enter into arrangement about giving and receiving information with police commissioner","content":"### sec.397 Chief executive may enter into arrangement about giving and receiving information with police commissioner\n\nThis section applies only to the extent that another provision under this Act allows the chief executive to give information to the police commissioner or the police commissioner to give information to the chief executive.\nThe chief executive and the police commissioner may enter into a written arrangement by which the information is given or received.\nWithout limiting subsection (2) , the arrangement may provide for the electronic transfer of information, including on a daily basis.\nHowever, if information is to be electronically transferred and, under this Act, there is a limitation on who may access the information or the purposes for which the information may be used, the arrangement must provide for the limitation.\ns 397 (prev s 164) sub 2004 No. 49 s 47\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\namd 2014 No. 28 s 85\n(sec.397-ssec.1) This section applies only to the extent that another provision under this Act allows the chief executive to give information to the police commissioner or the police commissioner to give information to the chief executive.\n(sec.397-ssec.2) The chief executive and the police commissioner may enter into a written arrangement by which the information is given or received.\n(sec.397-ssec.3) Without limiting subsection (2) , the arrangement may provide for the electronic transfer of information, including on a daily basis.\n(sec.397-ssec.4) However, if information is to be electronically transferred and, under this Act, there is a limitation on who may access the information or the purposes for which the information may be used, the arrangement must provide for the limitation.","sortOrder":660},{"sectionNumber":"sec.398","sectionType":"section","heading":"Chief executive may enter into arrangement with chief executive (child safety)","content":"### sec.398 Chief executive may enter into arrangement with chief executive (child safety)\n\nThe chief executive and the chief executive (child safety) may enter into a written arrangement about the administration of chapter 8 in relation to—\na person who is or is likely to be engaged in regulated employment mentioned in schedule 1 , section 14 ; or\na regulated business mentioned in schedule 1 , section 24 .\nWithout limiting subsection (1) , the arrangement may provide for the electronic transfer of information, including on a daily basis, held by the chief executive about the person or business.\nHowever, if information is to be electronically transferred and, under this Act, there is a limitation on who may access the information or the purposes for which the information may be used, the arrangement must provide for the limitation.\ns 398 (prev s 164A) ins 2006 No. 17 s 53\namd 2010 No. 5 s 56 (3) sch 2 amdt 78\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\namd 2014 No. 28 s 86\n(sec.398-ssec.1) The chief executive and the chief executive (child safety) may enter into a written arrangement about the administration of chapter 8 in relation to— a person who is or is likely to be engaged in regulated employment mentioned in schedule 1 , section 14 ; or a regulated business mentioned in schedule 1 , section 24 .\n(sec.398-ssec.2) Without limiting subsection (1) , the arrangement may provide for the electronic transfer of information, including on a daily basis, held by the chief executive about the person or business.\n(sec.398-ssec.3) However, if information is to be electronically transferred and, under this Act, there is a limitation on who may access the information or the purposes for which the information may be used, the arrangement must provide for the limitation.\n- (a) a person who is or is likely to be engaged in regulated employment mentioned in schedule 1 , section 14 ; or\n- (b) a regulated business mentioned in schedule 1 , section 24 .","sortOrder":661},{"sectionNumber":"sec.398A","sectionType":"section","heading":"Chief executive may arrange for use of information system","content":"### sec.398A Chief executive may arrange for use of information system\n\nThe chief executive may approve a system (an information system ) for—\ngenerating, sending, receiving, storing or otherwise processing electronic communications between the chief executive and another person; or\ngenerating a decision of the chief executive, other than—\na decision about whether the person poses a risk to the safety of children; or\na decision about whether to issue a working with children authority; or\nanother decision prescribed by regulation.\nThe chief executive must take all reasonable steps to ensure that a decision generated by an information system is correct.\nA decision generated by an information system is taken to be a decision made by the chief executive.\nThe chief executive may make a decision in substitution for a decision the chief executive is taken to have made under subsection (3) if the chief executive is satisfied that the decision generated by the information system is incorrect.\ns 398A ins 2019 No. 18 s 65\namd 2024 No. 50 s 116\n(sec.398A-ssec.1) The chief executive may approve a system (an information system ) for— generating, sending, receiving, storing or otherwise processing electronic communications between the chief executive and another person; or generating a decision of the chief executive, other than— a decision about whether the person poses a risk to the safety of children; or a decision about whether to issue a working with children authority; or another decision prescribed by regulation.\n(sec.398A-ssec.2) The chief executive must take all reasonable steps to ensure that a decision generated by an information system is correct.\n(sec.398A-ssec.3) A decision generated by an information system is taken to be a decision made by the chief executive.\n(sec.398A-ssec.4) The chief executive may make a decision in substitution for a decision the chief executive is taken to have made under subsection (3) if the chief executive is satisfied that the decision generated by the information system is incorrect.\n- (a) generating, sending, receiving, storing or otherwise processing electronic communications between the chief executive and another person; or\n- (b) generating a decision of the chief executive, other than— (i) a decision about whether the person poses a risk to the safety of children; or (ii) a decision about whether to issue a working with children authority; or (iii) another decision prescribed by regulation.\n- (i) a decision about whether the person poses a risk to the safety of children; or\n- (ii) a decision about whether to issue a working with children authority; or\n- (iii) another decision prescribed by regulation.\n- (i) a decision about whether the person poses a risk to the safety of children; or\n- (ii) a decision about whether to issue a working with children authority; or\n- (iii) another decision prescribed by regulation.","sortOrder":662},{"sectionNumber":"sec.398B","sectionType":"section","heading":"Access and use of information for research purposes","content":"### sec.398B Access and use of information for research purposes\n\nThe chief executive may give access to de-identified data collected under this Act about working with children checks, working with children authorities and negative notices if—\nthe chief executive is satisfied that a person or public sector entity given access to the data—\nis conducting research that is consistent with the objects of this Act or a function of the chief executive under this Act ( approved research ); and\nhas appropriate qualifications or experience to carry out the approved research; and\nin the chief executive’s opinion, the data is reasonably necessary for the approved research.\nThe chief executive may impose conditions on the use of the data.\nA person must comply with a condition imposed by the chief executive, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nThe chief executive may publish guidelines about the matters mentioned in subsection (1) .\ns 398B ins 2024 No. 50 s 117\n(sec.398B-ssec.1) The chief executive may give access to de-identified data collected under this Act about working with children checks, working with children authorities and negative notices if— the chief executive is satisfied that a person or public sector entity given access to the data— is conducting research that is consistent with the objects of this Act or a function of the chief executive under this Act ( approved research ); and has appropriate qualifications or experience to carry out the approved research; and in the chief executive’s opinion, the data is reasonably necessary for the approved research.\n(sec.398B-ssec.2) The chief executive may impose conditions on the use of the data.\n(sec.398B-ssec.3) A person must comply with a condition imposed by the chief executive, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.398B-ssec.4) The chief executive may publish guidelines about the matters mentioned in subsection (1) .\n- (a) the chief executive is satisfied that a person or public sector entity given access to the data— (i) is conducting research that is consistent with the objects of this Act or a function of the chief executive under this Act ( approved research ); and (ii) has appropriate qualifications or experience to carry out the approved research; and\n- (i) is conducting research that is consistent with the objects of this Act or a function of the chief executive under this Act ( approved research ); and\n- (ii) has appropriate qualifications or experience to carry out the approved research; and\n- (b) in the chief executive’s opinion, the data is reasonably necessary for the approved research.\n- (i) is conducting research that is consistent with the objects of this Act or a function of the chief executive under this Act ( approved research ); and\n- (ii) has appropriate qualifications or experience to carry out the approved research; and","sortOrder":663},{"sectionNumber":"sec.399","sectionType":"section","heading":"Delegation by chief executive","content":"### sec.399 Delegation by chief executive\n\nThe chief executive may delegate the chief executive’s functions under this or another Act to—\nan appropriately qualified public service employee employed in the department; or\nanother individual who the chief executive considers is an appropriately qualified person to exercise the functions delegated to the person.\nIn this section—\nfunctions includes powers.\ns 399 (prev s 165) amd 2004 No. 13 s 85\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\nsub 2014 No. 28 s 87\n(sec.399-ssec.1) The chief executive may delegate the chief executive’s functions under this or another Act to— an appropriately qualified public service employee employed in the department; or another individual who the chief executive considers is an appropriately qualified person to exercise the functions delegated to the person.\n(sec.399-ssec.2) In this section— functions includes powers.\n- (a) an appropriately qualified public service employee employed in the department; or\n- (b) another individual who the chief executive considers is an appropriately qualified person to exercise the functions delegated to the person.","sortOrder":664},{"sectionNumber":"sec.400","sectionType":"section","heading":"Approved forms","content":"### sec.400 Approved forms\n\nThe chief executive may approve forms for use under this Act.\ns 400 (prev s 166) renum 2010 No. 5 s 56 (3) sch 2 amdt 80\namd 2014 No. 28 s 88","sortOrder":665},{"sectionNumber":"sec.401","sectionType":"section","heading":"Regulation-making power","content":"### sec.401 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may—\nprovide for procedures, processes and systems in relation to receiving, withdrawing, dealing with and deciding combined applications; and\nprescribe fees payable under the Act and provide for the fees to be refunded or waived; and\nprovide for a maximum penalty of 20 penalty units for a contravention of a regulation.\nWithout limiting subsection (2) , a regulation may prescribe a fee for the chief executive giving information under the Education (Queensland College of Teachers) Act 2005 , section 15D .\ns 401 (prev s 167) amd 2004 No. 49 s 48 ; 2010 No. 5 s 62\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\namd 2014 No. 28 s 89 ; 2019 No. 19 s 77 ; 2020 No. 39 s 58 ; 2024 No. 50 s 118\n(sec.401-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.401-ssec.2) A regulation may— provide for procedures, processes and systems in relation to receiving, withdrawing, dealing with and deciding combined applications; and prescribe fees payable under the Act and provide for the fees to be refunded or waived; and provide for a maximum penalty of 20 penalty units for a contravention of a regulation.\n(sec.401-ssec.3) Without limiting subsection (2) , a regulation may prescribe a fee for the chief executive giving information under the Education (Queensland College of Teachers) Act 2005 , section 15D .\n- (a) provide for procedures, processes and systems in relation to receiving, withdrawing, dealing with and deciding combined applications; and\n- (b) prescribe fees payable under the Act and provide for the fees to be refunded or waived; and\n- (c) provide for a maximum penalty of 20 penalty units for a contravention of a regulation.","sortOrder":666},{"sectionNumber":"ch.11-pt.1","sectionType":"part","heading":null,"content":"","sortOrder":667},{"sectionNumber":"sec.402","sectionType":"section","heading":null,"content":"### Section sec.402\n\ns 402 (prev s 168) renum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2024 No. 50 s 119","sortOrder":668},{"sectionNumber":"ch.11-pt.2","sectionType":"part","heading":null,"content":"","sortOrder":669},{"sectionNumber":"sec.403","sectionType":"section","heading":null,"content":"### Section sec.403\n\ns 403 (prev s 169) amd 2010 No. 5 s 56 (3) sch 2 amdt 27\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2024 No. 50 s 119","sortOrder":670},{"sectionNumber":"sec.404","sectionType":"section","heading":null,"content":"### Section sec.404\n\ns 404 (prev s 170) renum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2024 No. 50 s 119","sortOrder":671},{"sectionNumber":"sec.405","sectionType":"section","heading":null,"content":"### Section sec.405\n\ns 405 (prev s 171) renum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2024 No. 50 s 119","sortOrder":672},{"sectionNumber":"sec.406","sectionType":"section","heading":null,"content":"### Section sec.406\n\ns 406 (prev s 172) renum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2024 No. 50 s 119","sortOrder":673},{"sectionNumber":"sec.407","sectionType":"section","heading":null,"content":"### Section sec.407\n\ns 407 (prev s 173) renum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2024 No. 50 s 119","sortOrder":674},{"sectionNumber":"ch.11-pt.3","sectionType":"part","heading":null,"content":"","sortOrder":675},{"sectionNumber":"sec.408","sectionType":"section","heading":null,"content":"### Section sec.408\n\ns 408 (prev s 174) renum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2024 No. 50 s 119","sortOrder":676},{"sectionNumber":"ch.11-pt.4","sectionType":"part","heading":null,"content":"","sortOrder":677},{"sectionNumber":"sec.409","sectionType":"section","heading":null,"content":"### Section sec.409\n\ns 409 (prev s 175) ins 2002 No. 55 s 196 sch 1\namd 2010 No. 5 s 56 (3) sch 2 amdt 27\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2024 No. 50 s 119","sortOrder":678},{"sectionNumber":"sec.410","sectionType":"section","heading":null,"content":"### Section sec.410\n\ns 410 (prev s 176) ins 2002 No. 55 s 196 sch 1\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2024 No. 50 s 119","sortOrder":679},{"sectionNumber":"sec.411","sectionType":"section","heading":null,"content":"### Section sec.411\n\ns 411 (prev s 177) ins 2002 No. 55 s 196 sch 1\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2024 No. 50 s 119","sortOrder":680},{"sectionNumber":"sec.412","sectionType":"section","heading":null,"content":"### Section sec.412\n\ns 412 (prev s 178) ins 2002 No. 55 s 196 sch 1\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2024 No. 50 s 119","sortOrder":681},{"sectionNumber":"ch.11-pt.5","sectionType":"part","heading":null,"content":"","sortOrder":682},{"sectionNumber":"sec.413","sectionType":"section","heading":null,"content":"### Section sec.413\n\ns 413 (prev s 179) ins 2003 No. 88 s 7\namd 2010 No. 5 s 56 (3) sch 2 amdts 1, 27\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2024 No. 50 s 119","sortOrder":683},{"sectionNumber":"sec.414","sectionType":"section","heading":null,"content":"### Section sec.414\n\ns 414 (prev s 180) ins 2003 No. 88 s 7\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2024 No. 50 s 119","sortOrder":684},{"sectionNumber":"sec.415","sectionType":"section","heading":null,"content":"### Section sec.415\n\ns 415 (prev s 181) ins 2003 No. 88 s 7\namd 2007 No. 36 s 2 sch\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2024 No. 50 s 119","sortOrder":685},{"sectionNumber":"sec.416","sectionType":"section","heading":null,"content":"### Section sec.416\n\ns 416 (prev s 182) ins 2003 No. 88 s 7\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2024 No. 50 s 119","sortOrder":686},{"sectionNumber":"ch.11-pt.6","sectionType":"part","heading":null,"content":"","sortOrder":687},{"sectionNumber":"sec.417","sectionType":"section","heading":null,"content":"### Section sec.417\n\ns 417 (prev s 183) ins 2004 No. 13 s 86\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2024 No. 50 s 119","sortOrder":688},{"sectionNumber":"sec.418","sectionType":"section","heading":null,"content":"### Section sec.418\n\ns 418 (prev s 184) ins 2004 No. 13 s 86\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2024 No. 50 s 119","sortOrder":689},{"sectionNumber":"sec.419","sectionType":"section","heading":null,"content":"### Section sec.419\n\ns 419 (prev s 185) ins 2004 No. 13 s 86\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2024 No. 50 s 119","sortOrder":690},{"sectionNumber":"sec.420","sectionType":"section","heading":null,"content":"### Section sec.420\n\ns 420 (prev s 186) ins 2004 No. 13 s 86\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2024 No. 50 s 119","sortOrder":691},{"sectionNumber":"sec.421","sectionType":"section","heading":null,"content":"### Section sec.421\n\ns 421 (prev s 187) ins 2004 No. 13 s 86\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2024 No. 50 s 119","sortOrder":692},{"sectionNumber":"ch.11-pt.7","sectionType":"part","heading":null,"content":"","sortOrder":693},{"sectionNumber":"sec.422","sectionType":"section","heading":null,"content":"### Section sec.422\n\ns 422 (prev s 188) ins 2004 No. 49 s 49\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2024 No. 50 s 119","sortOrder":694},{"sectionNumber":"sec.423","sectionType":"section","heading":null,"content":"### Section sec.423\n\ns 423 (prev s 189) ins 2004 No. 49 s 49\namd 2007 No. 36 s 2 sch\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2024 No. 50 s 119","sortOrder":695},{"sectionNumber":"sec.424","sectionType":"section","heading":null,"content":"### Section sec.424\n\ns 424 (prev s 190) ins 2004 No. 49 s 49\namd 2007 No. 36 s 2 sch\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2024 No. 50 s 119","sortOrder":696},{"sectionNumber":"sec.425","sectionType":"section","heading":null,"content":"### Section sec.425\n\ns 425 (prev s 191) ins 2004 No. 49 s 49\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2024 No. 50 s 119","sortOrder":697},{"sectionNumber":"sec.426","sectionType":"section","heading":null,"content":"### Section sec.426\n\ns 426 (prev s 192) ins 2004 No. 49 s 49\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2024 No. 50 s 119","sortOrder":698},{"sectionNumber":"sec.427","sectionType":"section","heading":null,"content":"### Section sec.427\n\ns 427 (prev s 193) ins 2004 No. 49 s 49\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2024 No. 50 s 119","sortOrder":699},{"sectionNumber":"sec.428","sectionType":"section","heading":null,"content":"### Section sec.428\n\ns 428 (prev s 194) ins 2004 No. 49 s 49\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2024 No. 50 s 119","sortOrder":700},{"sectionNumber":"sec.429","sectionType":"section","heading":null,"content":"### Section sec.429\n\ns 429 (prev s 195) ins 2004 No. 49 s 49\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2024 No. 50 s 119","sortOrder":701},{"sectionNumber":"ch.11-pt.8","sectionType":"part","heading":null,"content":"","sortOrder":702},{"sectionNumber":"sec.430","sectionType":"section","heading":null,"content":"### Section sec.430\n\ns 430 (prev s 196) ins 2006 No. 17 s 54\namd 2010 No. 5 s 56 (3) sch 2 amdts 1, 27\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2024 No. 50 s 119","sortOrder":703},{"sectionNumber":"sec.431","sectionType":"section","heading":null,"content":"### Section sec.431\n\ns 431 (prev s 197) ins 2006 No. 17 s 54\namd 2010 No. 5 s 56 (3) sch 2 amdts 1, 27\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2024 No. 50 s 119","sortOrder":704},{"sectionNumber":"sec.432","sectionType":"section","heading":null,"content":"### Section sec.432\n\ns 432 (prev s 198) ins 2006 No. 17 s 54\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2024 No. 50 s 119","sortOrder":705},{"sectionNumber":"sec.433","sectionType":"section","heading":null,"content":"### Section sec.433\n\ns 433 (prev s 199) ins 2006 No. 17 s 54\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2024 No. 50 s 119","sortOrder":706},{"sectionNumber":"sec.434","sectionType":"section","heading":null,"content":"### Section sec.434\n\ns 434 (prev s 200) ins 2006 No. 17 s 54\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2024 No. 50 s 119","sortOrder":707},{"sectionNumber":"sec.435","sectionType":"section","heading":null,"content":"### Section sec.435\n\ns 435 (prev s 201) ins 2006 No. 17 s 54\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2024 No. 50 s 119","sortOrder":708},{"sectionNumber":"sec.436","sectionType":"section","heading":null,"content":"### Section sec.436\n\ns 436 (prev s 202) ins 2006 No. 17 s 54\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2024 No. 50 s 119","sortOrder":709},{"sectionNumber":"sec.437","sectionType":"section","heading":null,"content":"### Section sec.437\n\ns 437 (prev s 203) ins 2006 No. 17 s 54\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2024 No. 50 s 119","sortOrder":710},{"sectionNumber":"sec.438","sectionType":"section","heading":null,"content":"### Section sec.438\n\ns 438 (prev s 204) ins 2006 No. 17 s 54\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2024 No. 50 s 119","sortOrder":711},{"sectionNumber":"sec.439","sectionType":"section","heading":null,"content":"### Section sec.439\n\ns 439 (prev s 205) ins 2006 No. 17 s 54\namd 2010 No. 5 s 56 (3) sch 2 amdt 27\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2024 No. 50 s 119","sortOrder":712},{"sectionNumber":"sec.440","sectionType":"section","heading":null,"content":"### Section sec.440\n\ns 440 (prev s 206) ins 2006 No. 17 s 54\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2024 No. 50 s 119","sortOrder":713},{"sectionNumber":"ch.11-pt.9","sectionType":"part","heading":null,"content":"","sortOrder":714},{"sectionNumber":"sec.441","sectionType":"section","heading":null,"content":"### Section sec.441\n\ns 441 (prev s 207) ins 2006 No. 17 s 55\namd 2010 No. 5 s 56 (3) sch 2 amdts 1, 27\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2024 No. 50 s 119","sortOrder":715},{"sectionNumber":"sec.442","sectionType":"section","heading":null,"content":"### Section sec.442\n\ns 442 (prev s 208) ins 2006 No. 17 s 55\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2024 No. 50 s 119","sortOrder":716},{"sectionNumber":"sec.443","sectionType":"section","heading":null,"content":"### Section sec.443\n\ns 443 (prev s 209) ins 2006 No. 17 s 55\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2024 No. 50 s 119","sortOrder":717},{"sectionNumber":"sec.444","sectionType":"section","heading":null,"content":"### Section sec.444\n\ns 444 (prev s 210) ins 2006 No. 17 s 55\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2024 No. 50 s 119","sortOrder":718},{"sectionNumber":"sec.445","sectionType":"section","heading":null,"content":"### Section sec.445\n\ns 445 (prev s 211) ins 2006 No. 17 s 55\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2024 No. 50 s 119","sortOrder":719},{"sectionNumber":"sec.446","sectionType":"section","heading":null,"content":"### Section sec.446\n\ns 446 (prev s 212) ins 2006 No. 17 s 55\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2024 No. 50 s 119","sortOrder":720},{"sectionNumber":"ch.11-pt.10","sectionType":"part","heading":null,"content":"","sortOrder":721},{"sectionNumber":"sec.447","sectionType":"section","heading":null,"content":"### Section sec.447\n\ns 447 (prev s 213) ins 2007 No. 40 s 5\namd 2010 No. 5 s 56 (3) sch 2 amdts 1, 27\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2024 No. 50 s 119","sortOrder":722},{"sectionNumber":"sec.448","sectionType":"section","heading":null,"content":"### Section sec.448\n\ns 448 (prev s 214) ins 2007 No. 40 s 5\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2024 No. 50 s 119","sortOrder":723},{"sectionNumber":"sec.449","sectionType":"section","heading":null,"content":"### Section sec.449\n\ns 449 (prev s 215) ins 2007 No. 40 s 5\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2024 No. 50 s 119","sortOrder":724},{"sectionNumber":"sec.450","sectionType":"section","heading":null,"content":"### Section sec.450\n\ns 450 (prev s 216) ins 2007 No. 40 s 5\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2024 No. 50 s 119","sortOrder":725},{"sectionNumber":"ch.11-pt.11","sectionType":"part","heading":null,"content":"","sortOrder":726},{"sectionNumber":"sec.451","sectionType":"section","heading":null,"content":"### Section sec.451\n\ns 451 (prev s 217) ins 2008 No. 18 s 45\namd 2010 No. 5 s 56 (3) sch 2 amdts 1, 27\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2024 No. 50 s 119","sortOrder":727},{"sectionNumber":"sec.452","sectionType":"section","heading":null,"content":"### Section sec.452\n\ns 452 (prev s 218) ins 2008 No. 18 s 45\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2024 No. 50 s 119","sortOrder":728},{"sectionNumber":"sec.453","sectionType":"section","heading":null,"content":"### Section sec.453\n\ns 453 (prev s 219) ins 2008 No. 18 s 45\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2024 No. 50 s 119","sortOrder":729},{"sectionNumber":"sec.454","sectionType":"section","heading":null,"content":"### Section sec.454\n\ns 454 (prev s 220) ins 2008 No. 18 s 45\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2024 No. 50 s 119","sortOrder":730},{"sectionNumber":"sec.455","sectionType":"section","heading":null,"content":"### Section sec.455\n\ns 455 (prev s 221) ins 2008 No. 18 s 45\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2024 No. 50 s 119","sortOrder":731},{"sectionNumber":"sec.456","sectionType":"section","heading":null,"content":"### Section sec.456\n\ns 456 (prev s 222) ins 2008 No. 18 s 45\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2024 No. 50 s 119","sortOrder":732},{"sectionNumber":"sec.457","sectionType":"section","heading":null,"content":"### Section sec.457\n\ns 457 (prev s 223) ins 2008 No. 18 s 45\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2024 No. 50 s 119","sortOrder":733},{"sectionNumber":"sec.458","sectionType":"section","heading":null,"content":"### Section sec.458\n\ns 458 (prev s 224) ins 2008 No. 18 s 45\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2024 No. 50 s 119","sortOrder":734},{"sectionNumber":"sec.459","sectionType":"section","heading":null,"content":"### Section sec.459\n\ns 459 (prev s 225) ins 2008 No. 18 s 45\namd 2010 No. 5 s 56 (3) sch 2 amdt 1\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2024 No. 50 s 119","sortOrder":735},{"sectionNumber":"sec.460","sectionType":"section","heading":null,"content":"### Section sec.460\n\ns 460 (prev s 226) ins 2008 No. 18 s 45\namd 2010 No. 5 s 56 (3) sch 2 amdt 1\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2024 No. 50 s 119","sortOrder":736},{"sectionNumber":"sec.461","sectionType":"section","heading":null,"content":"### Section sec.461\n\ns 461 (prev s 227) ins 2008 No. 18 s 45\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\namd 2013 No. 14 s 54 sch\nom 2024 No. 50 s 119","sortOrder":737},{"sectionNumber":"sec.462","sectionType":"section","heading":null,"content":"### Section sec.462\n\ns 462 (prev s 228) ins 2008 No. 18 s 45\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2024 No. 50 s 119","sortOrder":738},{"sectionNumber":"sec.463","sectionType":"section","heading":null,"content":"### Section sec.463\n\ns 463 (prev s 229) ins 2008 No. 18 s 45\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2024 No. 50 s 119","sortOrder":739},{"sectionNumber":"ch.11-pt.12","sectionType":"part","heading":null,"content":"","sortOrder":740},{"sectionNumber":"sec.464","sectionType":"section","heading":null,"content":"### Section sec.464\n\ns 464 (prev s 231) ins 2008 No. 55 s 150 sch\namd 2010 No. 5 s 56 (3) sch 2 amdt 79\nrenum 2010 No. 5 s 56 (3) sch 2 amdt 80\nom 2024 No. 50 s 119","sortOrder":741},{"sectionNumber":"ch.11-pt.13","sectionType":"part","heading":"Transitional provisions for Criminal History Screening Legislation Amendment Act 2010","content":"# Transitional provisions for Criminal History Screening Legislation Amendment Act 2010","sortOrder":742},{"sectionNumber":"ch.11-pt.13-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":743},{"sectionNumber":"sec.465","sectionType":"section","heading":"Definitions for pt 13","content":"### sec.465 Definitions for pt 13\n\nIn this part—\namending Act means the Criminal History Screening Legislation Amendment Act 2010 .\ncommencement means the commencement of this section.\ndisability services regulated business means a business that is a regulated business because the usual activities of the business include, or are likely to include, the provision of a service at a child-related service outlet of a funded non-government service provider.\ndisability services regulated employment means employment that is regulated employment because—\nthe employer is a funded non-government service provider; and\n1 or more of the usual functions of the employment are carried out, or are likely to be carried out, at a child-related service outlet of the funded non-government service provider.\nhealth student regulated business means a business that is a regulated business because the usual activities of the business include, or are likely to include, a health student providing a service to a child in the health student’s capacity as a health student.\nhealth student regulated employment means employment that is regulated employment because the usual functions of the employment include, or are likely to include, a health student providing a service to a child in the health student’s capacity as a health student.\nnew disqualified person means a person who is a disqualified person only because—\nthe person has been or is convicted of a new disqualifying offence; or\nthe person is subject to a sexual offender order; or\nboth of paragraphs (a) and (b) apply to the person.\nnew disqualifying offence means an offence that is a disqualifying offence under this Act but was not a disqualifying offence under this Act immediately before the commencement.\nnew local government regulated business means a business that is a regulated business under section 156 but was not a regulated business under previous section 97, and is carried on by a local government.\nnew local government regulated employment means employment that is regulated employment under section 156 but was not regulated employment under previous section 97, if the employer is a local government.\nnew relevant disqualified person means a person who is a relevant disqualified person only because—\nthe person has been or is convicted of a new disqualifying offence for which an imprisonment order was or is imposed; or\nthe person is subject to a sexual offender order; or\nboth of paragraphs (a) and (b) apply to the person.\nother new regulated business means a business that is a regulated business under section 156 but was not a regulated business under previous section 97, and is not any of the following—\na disability services regulated business;\na health student regulated business;\na new local government regulated business.\nother new regulated employment means employment that is regulated employment under section 156 but was not regulated employment under previous section 97, and is not any of the following—\ndisability services regulated employment;\nhealth student regulated employment;\nnew local government regulated employment.\nprescribed police information means a report or other information mentioned in section 136(2) of the unamended Act.\nprevious section 97 means section 97 of this Act as in force immediately before the commencement.\nstaff member has the meaning under section 129 of the unamended Act.\nunamended Act means this Act as in force from time to time before the commencement.\ns 465 ins 2010 No. 5 s 64\n- (a) the employer is a funded non-government service provider; and\n- (b) 1 or more of the usual functions of the employment are carried out, or are likely to be carried out, at a child-related service outlet of the funded non-government service provider.\n- (a) the person has been or is convicted of a new disqualifying offence; or\n- (b) the person is subject to a sexual offender order; or\n- (c) both of paragraphs (a) and (b) apply to the person.\n- (a) the person has been or is convicted of a new disqualifying offence for which an imprisonment order was or is imposed; or\n- (b) the person is subject to a sexual offender order; or\n- (c) both of paragraphs (a) and (b) apply to the person.\n- (a) a disability services regulated business;\n- (b) a health student regulated business;\n- (c) a new local government regulated business.\n- (a) disability services regulated employment;\n- (b) health student regulated employment;\n- (c) new local government regulated employment.","sortOrder":744},{"sectionNumber":"ch.11-pt.13-div.2","sectionType":"division","heading":"Transitional provisions relating to chapter 8","content":"## Transitional provisions relating to chapter 8","sortOrder":745},{"sectionNumber":"sec.466","sectionType":"section","heading":"Existing applications for prescribed notice about employment that is no longer regulated employment","content":"### sec.466 Existing applications for prescribed notice about employment that is no longer regulated employment\n\nThis section applies to an application for a prescribed notice made under section 100 of the unamended Act that—\nhas not been decided or withdrawn at the commencement; and\nrelates to the employment of a person in former regulated employment.\nThe application is taken to have been withdrawn.\nThe commissioner must—\ngive written notice of the withdrawal to—\nthe person; and\neach notifiable person for the person; and\nrefund any fee paid for the application.\nIn this section—\nformer regulated employment means employment that is not regulated employment under section 156 but was regulated employment under previous section 97.\ns 466 ins 2010 No. 5 s 64\n(sec.466-ssec.1) This section applies to an application for a prescribed notice made under section 100 of the unamended Act that— has not been decided or withdrawn at the commencement; and relates to the employment of a person in former regulated employment.\n(sec.466-ssec.2) The application is taken to have been withdrawn.\n(sec.466-ssec.3) The commissioner must— give written notice of the withdrawal to— the person; and each notifiable person for the person; and refund any fee paid for the application.\n(sec.466-ssec.4) In this section— former regulated employment means employment that is not regulated employment under section 156 but was regulated employment under previous section 97.\n- (a) has not been decided or withdrawn at the commencement; and\n- (b) relates to the employment of a person in former regulated employment.\n- (a) give written notice of the withdrawal to— (i) the person; and (ii) each notifiable person for the person; and\n- (i) the person; and\n- (ii) each notifiable person for the person; and\n- (b) refund any fee paid for the application.\n- (i) the person; and\n- (ii) each notifiable person for the person; and","sortOrder":746},{"sectionNumber":"sec.467","sectionType":"section","heading":"Existing applications for prescribed notice about a business that is no longer a regulated business","content":"### sec.467 Existing applications for prescribed notice about a business that is no longer a regulated business\n\nThis section applies to an application for a prescribed notice made under section 101 of the unamended Act that—\nhas not been decided or withdrawn at the commencement; and\nrelates to carrying on a former regulated business.\nThe application is taken to have been withdrawn.\nThe commissioner must—\ngive written notice of the withdrawal to—\nthe person; and\neach notifiable person for the person; and\nrefund any fee paid for the application.\nIn this section—\nformer regulated business means a business that is not a regulated business under section 156 but was a regulated business under previous section 97.\ns 467 ins 2010 No. 5 s 64\n(sec.467-ssec.1) This section applies to an application for a prescribed notice made under section 101 of the unamended Act that— has not been decided or withdrawn at the commencement; and relates to carrying on a former regulated business.\n(sec.467-ssec.2) The application is taken to have been withdrawn.\n(sec.467-ssec.3) The commissioner must— give written notice of the withdrawal to— the person; and each notifiable person for the person; and refund any fee paid for the application.\n(sec.467-ssec.4) In this section— former regulated business means a business that is not a regulated business under section 156 but was a regulated business under previous section 97.\n- (a) has not been decided or withdrawn at the commencement; and\n- (b) relates to carrying on a former regulated business.\n- (a) give written notice of the withdrawal to— (i) the person; and (ii) each notifiable person for the person; and\n- (i) the person; and\n- (ii) each notifiable person for the person; and\n- (b) refund any fee paid for the application.\n- (i) the person; and\n- (ii) each notifiable person for the person; and","sortOrder":747},{"sectionNumber":"sec.468","sectionType":"section","heading":"Existing applications for prescribed notice about person convicted of new disqualifying offence","content":"### sec.468 Existing applications for prescribed notice about person convicted of new disqualifying offence\n\nThis section applies to an application for a prescribed notice made under section 100 or 101 of the unamended Act that—\nhas not been decided or withdrawn at the commencement; and\nrelates to a person who has been or is convicted of a new disqualifying offence but who is not a new relevant disqualified person.\nIf, at the time of the application, the person did not hold a positive notice or held a positive notice that was suspended under section 119C of the unamended Act—\nthe application is taken to have been withdrawn; and\nthe commissioner must give written notice of the withdrawal to—\nthe person; and\neach notifiable person for the person.\nIf, at the time of the application, the person held a positive notice that was not suspended under section 119C of the unamended Act—\nthe person is taken to have been issued with an eligibility declaration other than for section 223(1)(b); and\nthe commissioner must decide the application under this Act.\ns 468 ins 2010 No. 5 s 64\n(sec.468-ssec.1) This section applies to an application for a prescribed notice made under section 100 or 101 of the unamended Act that— has not been decided or withdrawn at the commencement; and relates to a person who has been or is convicted of a new disqualifying offence but who is not a new relevant disqualified person.\n(sec.468-ssec.2) If, at the time of the application, the person did not hold a positive notice or held a positive notice that was suspended under section 119C of the unamended Act— the application is taken to have been withdrawn; and the commissioner must give written notice of the withdrawal to— the person; and each notifiable person for the person.\n(sec.468-ssec.3) If, at the time of the application, the person held a positive notice that was not suspended under section 119C of the unamended Act— the person is taken to have been issued with an eligibility declaration other than for section 223(1)(b); and the commissioner must decide the application under this Act.\n- (a) has not been decided or withdrawn at the commencement; and\n- (b) relates to a person who has been or is convicted of a new disqualifying offence but who is not a new relevant disqualified person.\n- (a) the application is taken to have been withdrawn; and\n- (b) the commissioner must give written notice of the withdrawal to— (i) the person; and (ii) each notifiable person for the person.\n- (i) the person; and\n- (ii) each notifiable person for the person.\n- (i) the person; and\n- (ii) each notifiable person for the person.\n- (a) the person is taken to have been issued with an eligibility declaration other than for section 223(1)(b); and\n- (b) the commissioner must decide the application under this Act.","sortOrder":748},{"sectionNumber":"sec.469","sectionType":"section","heading":"Existing applications for prescribed notice about new relevant disqualified person","content":"### sec.469 Existing applications for prescribed notice about new relevant disqualified person\n\nThis section applies to an application for a prescribed notice made under section 100 or 101 of the unamended Act that—\nhas not been decided or withdrawn at the commencement; and\nrelates to a person who is a new relevant disqualified person.\nThe application is taken to have been withdrawn.\nThe commissioner must give written notice of the withdrawal to—\nthe person; and\neach notifiable person for the person.\ns 469 ins 2010 No. 5 s 64\n(sec.469-ssec.1) This section applies to an application for a prescribed notice made under section 100 or 101 of the unamended Act that— has not been decided or withdrawn at the commencement; and relates to a person who is a new relevant disqualified person.\n(sec.469-ssec.2) The application is taken to have been withdrawn.\n(sec.469-ssec.3) The commissioner must give written notice of the withdrawal to— the person; and each notifiable person for the person.\n- (a) has not been decided or withdrawn at the commencement; and\n- (b) relates to a person who is a new relevant disqualified person.\n- (a) the person; and\n- (b) each notifiable person for the person.","sortOrder":749},{"sectionNumber":"sec.470","sectionType":"section","heading":"Other existing applications for prescribed notice","content":"### sec.470 Other existing applications for prescribed notice\n\nThis section applies to an application for a prescribed notice ( existing application ) that—\nwas made under section 100 or 101 of the unamended Act; and\nhas not been decided or withdrawn at the commencement; and\nis not an application to which section 466, 467, 468 or 469 applies.\nThe application is taken to be a prescribed notice application under the relevant provision ( chapter 8 application ) and, subject to subsection (5), chapter 8, part 4 applies to the application.\nSubject to subsection (4), anything done or existing in relation to the existing application is taken to have been done or existing in relation to the chapter 8 application.\nThe commissioner has given the person about whom the existing application is made a notice asking for stated information, including by way of a submission. The notice is taken to have been given in relation to the chapter 8 application.\nThe commissioner has requested police information about the person about whom the existing application is made from the police commissioner. The request is taken to have been made in relation to the chapter 8 application.\nSubsection (3) applies only to the extent the thing can be done or in existence in relation to the chapter 8 application.\nDespite section 231(2), a prescribed notice issued under this section remains current for 2 years after it is issued, unless it is earlier cancelled under chapter 8, part 4, division 11.\nIn this section—\nrelevant provision means—\nfor an application under section 100 of the unamended Act—section 199; or\nfor an application under section 101 of the unamended Act—section 211.\ns 470 ins 2010 No. 5 s 64\n(sec.470-ssec.1) This section applies to an application for a prescribed notice ( existing application ) that— was made under section 100 or 101 of the unamended Act; and has not been decided or withdrawn at the commencement; and is not an application to which section 466, 467, 468 or 469 applies.\n(sec.470-ssec.2) The application is taken to be a prescribed notice application under the relevant provision ( chapter 8 application ) and, subject to subsection (5), chapter 8, part 4 applies to the application.\n(sec.470-ssec.3) Subject to subsection (4), anything done or existing in relation to the existing application is taken to have been done or existing in relation to the chapter 8 application. The commissioner has given the person about whom the existing application is made a notice asking for stated information, including by way of a submission. The notice is taken to have been given in relation to the chapter 8 application. The commissioner has requested police information about the person about whom the existing application is made from the police commissioner. The request is taken to have been made in relation to the chapter 8 application.\n(sec.470-ssec.4) Subsection (3) applies only to the extent the thing can be done or in existence in relation to the chapter 8 application.\n(sec.470-ssec.5) Despite section 231(2), a prescribed notice issued under this section remains current for 2 years after it is issued, unless it is earlier cancelled under chapter 8, part 4, division 11.\n(sec.470-ssec.6) In this section— relevant provision means— for an application under section 100 of the unamended Act—section 199; or for an application under section 101 of the unamended Act—section 211.\n- (a) was made under section 100 or 101 of the unamended Act; and\n- (b) has not been decided or withdrawn at the commencement; and\n- (c) is not an application to which section 466, 467, 468 or 469 applies.\n- 1 The commissioner has given the person about whom the existing application is made a notice asking for stated information, including by way of a submission. The notice is taken to have been given in relation to the chapter 8 application.\n- 2 The commissioner has requested police information about the person about whom the existing application is made from the police commissioner. The request is taken to have been made in relation to the chapter 8 application.\n- (a) for an application under section 100 of the unamended Act—section 199; or\n- (b) for an application under section 101 of the unamended Act—section 211.","sortOrder":750},{"sectionNumber":"sec.471","sectionType":"section","heading":"Existing positive notices held by new relevant disqualified person because of interim order","content":"### sec.471 Existing positive notices held by new relevant disqualified person because of interim order\n\nThis section applies in relation to a positive notice issued under section 102(2)(a) of the unamended Act (including a positive notice that, immediately before the commencement, is suspended under section 119C of the unamended Act) to a person who is a new relevant disqualified person only because the person is subject to an interim sexual offender order.\nIf the positive notice is not suspended under section 119C of the unamended Act immediately before the commencement, the commissioner must, by written notice given to the person, suspend the person’s positive notice.\nThe written notice must state the matters mentioned in section 240(3).\nIf the positive notice is suspended under section 119C of the unamended Act immediately before the commencement and the suspension has not ended at the commencement, the suspension continues subject to subsection (5).\nSections 240 and 241 apply to the suspended positive notice as if the notice were suspended under section 240(2).\ns 471 ins 2010 No. 5 s 64\n(sec.471-ssec.1) This section applies in relation to a positive notice issued under section 102(2)(a) of the unamended Act (including a positive notice that, immediately before the commencement, is suspended under section 119C of the unamended Act) to a person who is a new relevant disqualified person only because the person is subject to an interim sexual offender order.\n(sec.471-ssec.2) If the positive notice is not suspended under section 119C of the unamended Act immediately before the commencement, the commissioner must, by written notice given to the person, suspend the person’s positive notice.\n(sec.471-ssec.3) The written notice must state the matters mentioned in section 240(3).\n(sec.471-ssec.4) If the positive notice is suspended under section 119C of the unamended Act immediately before the commencement and the suspension has not ended at the commencement, the suspension continues subject to subsection (5).\n(sec.471-ssec.5) Sections 240 and 241 apply to the suspended positive notice as if the notice were suspended under section 240(2).","sortOrder":751},{"sectionNumber":"sec.472","sectionType":"section","heading":"Existing positive notices held by other new relevant disqualified persons","content":"### sec.472 Existing positive notices held by other new relevant disqualified persons\n\nThis section applies in relation to a positive notice issued under section 102(2)(a) of the unamended Act (including a positive notice that, immediately before the commencement, is suspended under section 119C of the unamended Act) to a person who is a new relevant disqualified person other than a person mentioned in section 471(1).\nThe positive notice is cancelled.\nIf, immediately before the commencement, the positive notice is suspended under section 119C of the unamended Act, any application for the cancellation of the suspension under section 119D of the unamended Act that has not been decided or withdrawn at the commencement is taken to have been withdrawn.\nThe commissioner must give notice of the cancellation of the positive notice to—\nthe person; and\neach notifiable person for the person.\nA notice mentioned in subsection (4)—\nmust state that the positive notice is cancelled and the date the positive notice is cancelled; and\nis taken, for sections 194, 195, 256 and 257, to be a notice that a negative notice has been issued to the person on the date the positive notice is cancelled.\ns 472 ins 2010 No. 5 s 64\n(sec.472-ssec.1) This section applies in relation to a positive notice issued under section 102(2)(a) of the unamended Act (including a positive notice that, immediately before the commencement, is suspended under section 119C of the unamended Act) to a person who is a new relevant disqualified person other than a person mentioned in section 471(1).\n(sec.472-ssec.2) The positive notice is cancelled.\n(sec.472-ssec.3) If, immediately before the commencement, the positive notice is suspended under section 119C of the unamended Act, any application for the cancellation of the suspension under section 119D of the unamended Act that has not been decided or withdrawn at the commencement is taken to have been withdrawn.\n(sec.472-ssec.4) The commissioner must give notice of the cancellation of the positive notice to— the person; and each notifiable person for the person.\n(sec.472-ssec.5) A notice mentioned in subsection (4)— must state that the positive notice is cancelled and the date the positive notice is cancelled; and is taken, for sections 194, 195, 256 and 257, to be a notice that a negative notice has been issued to the person on the date the positive notice is cancelled.\n- (a) the person; and\n- (b) each notifiable person for the person.\n- (a) must state that the positive notice is cancelled and the date the positive notice is cancelled; and\n- (b) is taken, for sections 194, 195, 256 and 257, to be a notice that a negative notice has been issued to the person on the date the positive notice is cancelled.","sortOrder":752},{"sectionNumber":"sec.473","sectionType":"section","heading":"Other existing positive notices and positive notice blue cards","content":"### sec.473 Other existing positive notices and positive notice blue cards\n\nThis section applies in relation to a positive notice issued under section 102(2)(a) of the unamended Act that is current under this Act immediately before the commencement, other than a positive notice to which section 471 or 472 applies.\nThe positive notice—\nis taken to be a positive notice issued under section 220(a); and\nremains current for 2 years after it was issued under section 102(2)(a) of the unamended Act, unless it is earlier cancelled under chapter 8, part 4, division 11.\nAny positive notice blue card issued under the unamended Act for the positive notice—\ncontinues to be a positive notice blue card relating to the positive notice; and\nremains current for the same period as the positive notice.\nIf the holder of the positive notice is a new disqualified person (but not a new relevant disqualified person), the person is taken to have been issued with an eligibility declaration, subject to subsection (5).\nIf, after the commencement, the commissioner is to make, under chapter 8, part 4, division 9 (including as applied under other provisions of chapter 8), a decision about the holder of a positive notice who is a new disqualified person, and it is the first time the commissioner is to make a decision under that division about the person after the commencement, section 223(1)(b) does not apply to the commissioner making the decision.\ns 473 ins 2010 No. 5 s 64\n(sec.473-ssec.1) This section applies in relation to a positive notice issued under section 102(2)(a) of the unamended Act that is current under this Act immediately before the commencement, other than a positive notice to which section 471 or 472 applies.\n(sec.473-ssec.2) The positive notice— is taken to be a positive notice issued under section 220(a); and remains current for 2 years after it was issued under section 102(2)(a) of the unamended Act, unless it is earlier cancelled under chapter 8, part 4, division 11.\n(sec.473-ssec.3) Any positive notice blue card issued under the unamended Act for the positive notice— continues to be a positive notice blue card relating to the positive notice; and remains current for the same period as the positive notice.\n(sec.473-ssec.4) If the holder of the positive notice is a new disqualified person (but not a new relevant disqualified person), the person is taken to have been issued with an eligibility declaration, subject to subsection (5).\n(sec.473-ssec.5) If, after the commencement, the commissioner is to make, under chapter 8, part 4, division 9 (including as applied under other provisions of chapter 8), a decision about the holder of a positive notice who is a new disqualified person, and it is the first time the commissioner is to make a decision under that division about the person after the commencement, section 223(1)(b) does not apply to the commissioner making the decision.\n- (a) is taken to be a positive notice issued under section 220(a); and\n- (b) remains current for 2 years after it was issued under section 102(2)(a) of the unamended Act, unless it is earlier cancelled under chapter 8, part 4, division 11.\n- (a) continues to be a positive notice blue card relating to the positive notice; and\n- (b) remains current for the same period as the positive notice.","sortOrder":753},{"sectionNumber":"sec.474","sectionType":"section","heading":"Existing negative notices","content":"### sec.474 Existing negative notices\n\nA negative notice issued under section 102(2)(b) of the unamended Act that is current under the unamended Act immediately before the commencement is taken to be a negative notice issued under section 220(b).\nFor subsection (1), the 2 year period mentioned in section 236(3) runs from the date the negative notice was issued under section 102(2)(b) of the unamended Act.\ns 474 ins 2010 No. 5 s 64\n(sec.474-ssec.1) A negative notice issued under section 102(2)(b) of the unamended Act that is current under the unamended Act immediately before the commencement is taken to be a negative notice issued under section 220(b).\n(sec.474-ssec.2) For subsection (1), the 2 year period mentioned in section 236(3) runs from the date the negative notice was issued under section 102(2)(b) of the unamended Act.","sortOrder":754},{"sectionNumber":"sec.475","sectionType":"section","heading":"Application of ch 8 to police officers and registered teachers","content":"### sec.475 Application of ch 8 to police officers and registered teachers\n\nSection 173 and chapter 8, part 5 do not take effect until 3 months after the commencement (the exemption notice regime commencement date ).\nChapter 8, part 4 applies in relation to a police officer or registered teacher until the exemption notice regime commencement date—\nwith any necessary changes; and\nsubject to this part.\nA prescribed notice application about a police officer or registered teacher that has not been decided or withdrawn at the exemption notice regime commencement date must be decided under chapter 8, part 4 despite section 173.\nAn eligibility application made by a police officer or registered teacher that has not been decided or withdrawn at the exemption notice regime commencement date is taken to have been withdrawn, and the commissioner must give written notice of the withdrawal to the police officer or registered teacher.\nA current positive notice or current negative notice held by a police officer or registered teacher at the exemption notice regime commencement date, or issued under this part, continues in effect despite section 173, and section 247 applies in relation to the notice.\nWithout limiting subsection (2)(a), until the exemption notice regime commencement date, sections 36 and 243 apply as if they provided for the issue of a prescribed notice, instead of an exemption notice, to a person who is a police officer or registered teacher.\ns 475 ins 2010 No. 5 s 64\n(sec.475-ssec.1) Section 173 and chapter 8, part 5 do not take effect until 3 months after the commencement (the exemption notice regime commencement date ).\n(sec.475-ssec.2) Chapter 8, part 4 applies in relation to a police officer or registered teacher until the exemption notice regime commencement date— with any necessary changes; and subject to this part.\n(sec.475-ssec.3) A prescribed notice application about a police officer or registered teacher that has not been decided or withdrawn at the exemption notice regime commencement date must be decided under chapter 8, part 4 despite section 173.\n(sec.475-ssec.4) An eligibility application made by a police officer or registered teacher that has not been decided or withdrawn at the exemption notice regime commencement date is taken to have been withdrawn, and the commissioner must give written notice of the withdrawal to the police officer or registered teacher.\n(sec.475-ssec.5) A current positive notice or current negative notice held by a police officer or registered teacher at the exemption notice regime commencement date, or issued under this part, continues in effect despite section 173, and section 247 applies in relation to the notice.\n(sec.475-ssec.6) Without limiting subsection (2)(a), until the exemption notice regime commencement date, sections 36 and 243 apply as if they provided for the issue of a prescribed notice, instead of an exemption notice, to a person who is a police officer or registered teacher.\n- (a) with any necessary changes; and\n- (b) subject to this part.","sortOrder":755},{"sectionNumber":"sec.476","sectionType":"section","heading":"Application of ch 8 to disability services regulated employment","content":"### sec.476 Application of ch 8 to disability services regulated employment\n\nChapter 8 does not apply to the employment of a person in disability services regulated employment until 3 months after the commencement ( disability services commencement date ).\nSubsection (3) applies to a person who, at the disability services commencement date—\nis employed in disability services regulated employment; and\ndoes not have a current positive notice; and\neither—\nhas a current positive notice under the Disability Services Act 2006 ( DSA positive notice ); or\nhas an application for a prescribed notice under the Disability Services Act 2006 that has not been decided or withdrawn ( DSA application ).\nThe relevant regulatory provisions do not apply in relation to the employment of the person until—\nfor a person who has a DSA positive notice—the earlier of the following—\nthe expiry or cancellation of the person’s DSA positive notice under the Disability Services Act 2006 ;\n12 months after the disability services commencement date; or\nfor a person who has a DSA application—\nif the person is issued with a DSA positive notice—12 months after the disability services commencement date; or\nif the person is issued with a negative notice under the Disability Services Act 2006 —the day the negative notice is issued; or\nif the person’s DSA application is withdrawn before it is decided—the day the DSA application is withdrawn.\nSee, however, sections 194 to 196 and 256 to 258.\nSection 323 does not apply to a person mentioned in subsection (2) until the first prescribed notice application or exemption notice application about the person is made after the disability services commencement date.\nIn this section—\nrelevant regulatory provisions means—\nfor a person who is not a police officer or registered teacher and is employed in disability services regulated employment as a volunteer—section 188; or\nfor a person who is not a police officer or registered teacher and is employed in disability services regulated employment other than as a volunteer—sections 191 to 193; or\nfor a police officer or registered teacher—sections 251 and 253 to 255.\ns 476 ins 2010 No. 5 s 64\n(sec.476-ssec.1) Chapter 8 does not apply to the employment of a person in disability services regulated employment until 3 months after the commencement ( disability services commencement date ).\n(sec.476-ssec.2) Subsection (3) applies to a person who, at the disability services commencement date— is employed in disability services regulated employment; and does not have a current positive notice; and either— has a current positive notice under the Disability Services Act 2006 ( DSA positive notice ); or has an application for a prescribed notice under the Disability Services Act 2006 that has not been decided or withdrawn ( DSA application ).\n(sec.476-ssec.3) The relevant regulatory provisions do not apply in relation to the employment of the person until— for a person who has a DSA positive notice—the earlier of the following— the expiry or cancellation of the person’s DSA positive notice under the Disability Services Act 2006 ; 12 months after the disability services commencement date; or for a person who has a DSA application— if the person is issued with a DSA positive notice—12 months after the disability services commencement date; or if the person is issued with a negative notice under the Disability Services Act 2006 —the day the negative notice is issued; or if the person’s DSA application is withdrawn before it is decided—the day the DSA application is withdrawn. See, however, sections 194 to 196 and 256 to 258.\n(sec.476-ssec.4) Section 323 does not apply to a person mentioned in subsection (2) until the first prescribed notice application or exemption notice application about the person is made after the disability services commencement date.\n(sec.476-ssec.5) In this section— relevant regulatory provisions means— for a person who is not a police officer or registered teacher and is employed in disability services regulated employment as a volunteer—section 188; or for a person who is not a police officer or registered teacher and is employed in disability services regulated employment other than as a volunteer—sections 191 to 193; or for a police officer or registered teacher—sections 251 and 253 to 255.\n- (a) is employed in disability services regulated employment; and\n- (b) does not have a current positive notice; and\n- (c) either— (i) has a current positive notice under the Disability Services Act 2006 ( DSA positive notice ); or (ii) has an application for a prescribed notice under the Disability Services Act 2006 that has not been decided or withdrawn ( DSA application ).\n- (i) has a current positive notice under the Disability Services Act 2006 ( DSA positive notice ); or\n- (ii) has an application for a prescribed notice under the Disability Services Act 2006 that has not been decided or withdrawn ( DSA application ).\n- (i) has a current positive notice under the Disability Services Act 2006 ( DSA positive notice ); or\n- (ii) has an application for a prescribed notice under the Disability Services Act 2006 that has not been decided or withdrawn ( DSA application ).\n- (a) for a person who has a DSA positive notice—the earlier of the following— (i) the expiry or cancellation of the person’s DSA positive notice under the Disability Services Act 2006 ; (ii) 12 months after the disability services commencement date; or\n- (i) the expiry or cancellation of the person’s DSA positive notice under the Disability Services Act 2006 ;\n- (ii) 12 months after the disability services commencement date; or\n- (b) for a person who has a DSA application— (i) if the person is issued with a DSA positive notice—12 months after the disability services commencement date; or (ii) if the person is issued with a negative notice under the Disability Services Act 2006 —the day the negative notice is issued; or (iii) if the person’s DSA application is withdrawn before it is decided—the day the DSA application is withdrawn.\n- (i) if the person is issued with a DSA positive notice—12 months after the disability services commencement date; or\n- (ii) if the person is issued with a negative notice under the Disability Services Act 2006 —the day the negative notice is issued; or\n- (iii) if the person’s DSA application is withdrawn before it is decided—the day the DSA application is withdrawn.\n- (i) the expiry or cancellation of the person’s DSA positive notice under the Disability Services Act 2006 ;\n- (ii) 12 months after the disability services commencement date; or\n- (i) if the person is issued with a DSA positive notice—12 months after the disability services commencement date; or\n- (ii) if the person is issued with a negative notice under the Disability Services Act 2006 —the day the negative notice is issued; or\n- (iii) if the person’s DSA application is withdrawn before it is decided—the day the DSA application is withdrawn.\n- (a) for a person who is not a police officer or registered teacher and is employed in disability services regulated employment as a volunteer—section 188; or\n- (b) for a person who is not a police officer or registered teacher and is employed in disability services regulated employment other than as a volunteer—sections 191 to 193; or\n- (c) for a police officer or registered teacher—sections 251 and 253 to 255.","sortOrder":756},{"sectionNumber":"sec.477","sectionType":"section","heading":"Application of ch 8 to disability services regulated businesses","content":"### sec.477 Application of ch 8 to disability services regulated businesses\n\nChapter 8 does not apply to the carrying on of a disability services regulated business until 3 months after the commencement ( disability services commencement date ).\nSubsection (3) applies to a person who, at the disability services commencement date—\nis carrying on a disability services regulated business; and\ndoes not have a current positive notice or current negative notice; and\neither—\nhas a current positive notice under the Disability Services Act 2006 ( DSA positive notice ); or\nhas an application for a prescribed notice under the Disability Services Act 2006 that has not been decided or withdrawn ( DSA application ).\nSections 197 and 259 do not apply to the person carrying on the disability services regulated business until—\nif the person holds a DSA positive notice—the earlier of the following—\nthe expiry or cancellation of the person’s DSA positive notice under the Disability Services Act 2006 ;\n12 months after the disability services commencement date; or\nfor a person who has a DSA application—\nif the person is issued with a DSA positive notice—12 months after the disability services commencement date; or\nif the person is issued with a negative notice under the Disability Services Act 2006 —the day the negative notice is issued; or\nif the person’s DSA application is withdrawn before it is decided—the day the DSA application is withdrawn.\nSection 323 does not apply to a person mentioned in subsection (2) until the first prescribed notice application or exemption notice application about the person is made after the disability services commencement date.\ns 477 ins 2010 No. 5 s 64\n(sec.477-ssec.1) Chapter 8 does not apply to the carrying on of a disability services regulated business until 3 months after the commencement ( disability services commencement date ).\n(sec.477-ssec.2) Subsection (3) applies to a person who, at the disability services commencement date— is carrying on a disability services regulated business; and does not have a current positive notice or current negative notice; and either— has a current positive notice under the Disability Services Act 2006 ( DSA positive notice ); or has an application for a prescribed notice under the Disability Services Act 2006 that has not been decided or withdrawn ( DSA application ).\n(sec.477-ssec.3) Sections 197 and 259 do not apply to the person carrying on the disability services regulated business until— if the person holds a DSA positive notice—the earlier of the following— the expiry or cancellation of the person’s DSA positive notice under the Disability Services Act 2006 ; 12 months after the disability services commencement date; or for a person who has a DSA application— if the person is issued with a DSA positive notice—12 months after the disability services commencement date; or if the person is issued with a negative notice under the Disability Services Act 2006 —the day the negative notice is issued; or if the person’s DSA application is withdrawn before it is decided—the day the DSA application is withdrawn.\n(sec.477-ssec.4) Section 323 does not apply to a person mentioned in subsection (2) until the first prescribed notice application or exemption notice application about the person is made after the disability services commencement date.\n- (a) is carrying on a disability services regulated business; and\n- (b) does not have a current positive notice or current negative notice; and\n- (c) either— (i) has a current positive notice under the Disability Services Act 2006 ( DSA positive notice ); or (ii) has an application for a prescribed notice under the Disability Services Act 2006 that has not been decided or withdrawn ( DSA application ).\n- (i) has a current positive notice under the Disability Services Act 2006 ( DSA positive notice ); or\n- (ii) has an application for a prescribed notice under the Disability Services Act 2006 that has not been decided or withdrawn ( DSA application ).\n- (i) has a current positive notice under the Disability Services Act 2006 ( DSA positive notice ); or\n- (ii) has an application for a prescribed notice under the Disability Services Act 2006 that has not been decided or withdrawn ( DSA application ).\n- (a) if the person holds a DSA positive notice—the earlier of the following— (i) the expiry or cancellation of the person’s DSA positive notice under the Disability Services Act 2006 ; (ii) 12 months after the disability services commencement date; or\n- (i) the expiry or cancellation of the person’s DSA positive notice under the Disability Services Act 2006 ;\n- (ii) 12 months after the disability services commencement date; or\n- (b) for a person who has a DSA application— (i) if the person is issued with a DSA positive notice—12 months after the disability services commencement date; or (ii) if the person is issued with a negative notice under the Disability Services Act 2006 —the day the negative notice is issued; or (iii) if the person’s DSA application is withdrawn before it is decided—the day the DSA application is withdrawn.\n- (i) if the person is issued with a DSA positive notice—12 months after the disability services commencement date; or\n- (ii) if the person is issued with a negative notice under the Disability Services Act 2006 —the day the negative notice is issued; or\n- (iii) if the person’s DSA application is withdrawn before it is decided—the day the DSA application is withdrawn.\n- (i) the expiry or cancellation of the person’s DSA positive notice under the Disability Services Act 2006 ;\n- (ii) 12 months after the disability services commencement date; or\n- (i) if the person is issued with a DSA positive notice—12 months after the disability services commencement date; or\n- (ii) if the person is issued with a negative notice under the Disability Services Act 2006 —the day the negative notice is issued; or\n- (iii) if the person’s DSA application is withdrawn before it is decided—the day the DSA application is withdrawn.","sortOrder":757},{"sectionNumber":"sec.478","sectionType":"section","heading":"Application of ch 8 to new local government regulated employment","content":"### sec.478 Application of ch 8 to new local government regulated employment\n\nChapter 8 does not apply to the employment of a person in new local government regulated employment until 3 months after the commencement ( local government commencement date ).\nSubsections (3) to (5) apply to a person who, at the local government commencement date—\nis employed in new local government regulated employment; and\ndoes not have a current positive notice.\nIf the person is not a police officer or registered teacher and is employed in the new local government regulated employment as a volunteer, section 188 does not apply in relation to the employment of the person until—\nif a prescribed notice application about the person is made before or during the transitional period and is not withdrawn—the day a prescribed notice is issued to the employee; or\nif a prescribed notice application about the person is made before or during the transitional period and is withdrawn—the day the application is withdrawn; or\nif a prescribed notice application about the person is not made before or during the transitional period—the transitional period ends.\nSee, however, sections 195 and 196.\nIf the person is not a police officer or registered teacher and is employed in the new local government regulated employment other than as a volunteer and the person does not have a current positive notice, sections 191 to 193 do not apply in relation to the employment of the person until the transitional period ends.\nSee, however, sections 194 to 196.\nIf the person is a police officer or registered teacher, sections 251 and 253 to 255 do not apply in relation to the employment of the person until the transitional period ends.\nSee, however, sections 256 to 258.\nSection 323 does not apply to a person mentioned in subsection (2) until the first prescribed notice application or exemption notice application about the person is made after the commencement.\nIn this section—\ntransitional period means the period—\nstarting on the local government commencement date; and\nending 12 months after the local government commencement date.\ns 478 ins 2010 No. 5 s 64\n(sec.478-ssec.1) Chapter 8 does not apply to the employment of a person in new local government regulated employment until 3 months after the commencement ( local government commencement date ).\n(sec.478-ssec.2) Subsections (3) to (5) apply to a person who, at the local government commencement date— is employed in new local government regulated employment; and does not have a current positive notice.\n(sec.478-ssec.3) If the person is not a police officer or registered teacher and is employed in the new local government regulated employment as a volunteer, section 188 does not apply in relation to the employment of the person until— if a prescribed notice application about the person is made before or during the transitional period and is not withdrawn—the day a prescribed notice is issued to the employee; or if a prescribed notice application about the person is made before or during the transitional period and is withdrawn—the day the application is withdrawn; or if a prescribed notice application about the person is not made before or during the transitional period—the transitional period ends. See, however, sections 195 and 196.\n(sec.478-ssec.4) If the person is not a police officer or registered teacher and is employed in the new local government regulated employment other than as a volunteer and the person does not have a current positive notice, sections 191 to 193 do not apply in relation to the employment of the person until the transitional period ends. See, however, sections 194 to 196.\n(sec.478-ssec.5) If the person is a police officer or registered teacher, sections 251 and 253 to 255 do not apply in relation to the employment of the person until the transitional period ends. See, however, sections 256 to 258.\n(sec.478-ssec.6) Section 323 does not apply to a person mentioned in subsection (2) until the first prescribed notice application or exemption notice application about the person is made after the commencement.\n(sec.478-ssec.7) In this section— transitional period means the period— starting on the local government commencement date; and ending 12 months after the local government commencement date.\n- (a) is employed in new local government regulated employment; and\n- (b) does not have a current positive notice.\n- (a) if a prescribed notice application about the person is made before or during the transitional period and is not withdrawn—the day a prescribed notice is issued to the employee; or\n- (b) if a prescribed notice application about the person is made before or during the transitional period and is withdrawn—the day the application is withdrawn; or\n- (c) if a prescribed notice application about the person is not made before or during the transitional period—the transitional period ends.\n- (a) starting on the local government commencement date; and\n- (b) ending 12 months after the local government commencement date.","sortOrder":758},{"sectionNumber":"sec.479","sectionType":"section","heading":"Application of ch 8 to new local government regulated business","content":"### sec.479 Application of ch 8 to new local government regulated business\n\nChapter 8 does not apply to the carrying on of a new local government regulated business until 3 months after the commencement ( local government commencement date ).\nSubsections (3) and (4) apply to a person who, at the local government commencement date—\nis carrying on a new local government regulated business; and\ndoes not have a current positive notice or current negative notice.\nIf the person is not a police officer or registered teacher, section 197 does not apply to the person carrying on the local government regulated business until—\nif the person applies for a prescribed notice before or during the transitional period and does not withdraw the application—the day a prescribed notice is issued to the person; or\nif the person applies for a prescribed notice before or during the transitional period and withdraws the application—the day of the withdrawal; or\nif the person does not apply for a prescribed notice before or during the transitional period—the transitional period ends.\nIf the person is a police officer or registered teacher, section 259 does not apply to the person carrying on the local government regulated business until the transitional period ends.\nSection 323 does not apply to a person mentioned in subsection (2) until the first prescribed notice application or exemption notice application about the person is made after the commencement.\nIn this section—\ntransitional period means the period—\nstarting on the local government commencement date; and\nending 12 months after the local government commencement date.\ns 479 ins 2010 No. 5 s 64\n(sec.479-ssec.1) Chapter 8 does not apply to the carrying on of a new local government regulated business until 3 months after the commencement ( local government commencement date ).\n(sec.479-ssec.2) Subsections (3) and (4) apply to a person who, at the local government commencement date— is carrying on a new local government regulated business; and does not have a current positive notice or current negative notice.\n(sec.479-ssec.3) If the person is not a police officer or registered teacher, section 197 does not apply to the person carrying on the local government regulated business until— if the person applies for a prescribed notice before or during the transitional period and does not withdraw the application—the day a prescribed notice is issued to the person; or if the person applies for a prescribed notice before or during the transitional period and withdraws the application—the day of the withdrawal; or if the person does not apply for a prescribed notice before or during the transitional period—the transitional period ends.\n(sec.479-ssec.4) If the person is a police officer or registered teacher, section 259 does not apply to the person carrying on the local government regulated business until the transitional period ends.\n(sec.479-ssec.5) Section 323 does not apply to a person mentioned in subsection (2) until the first prescribed notice application or exemption notice application about the person is made after the commencement.\n(sec.479-ssec.6) In this section— transitional period means the period— starting on the local government commencement date; and ending 12 months after the local government commencement date.\n- (a) is carrying on a new local government regulated business; and\n- (b) does not have a current positive notice or current negative notice.\n- (a) if the person applies for a prescribed notice before or during the transitional period and does not withdraw the application—the day a prescribed notice is issued to the person; or\n- (b) if the person applies for a prescribed notice before or during the transitional period and withdraws the application—the day of the withdrawal; or\n- (c) if the person does not apply for a prescribed notice before or during the transitional period—the transitional period ends.\n- (a) starting on the local government commencement date; and\n- (b) ending 12 months after the local government commencement date.","sortOrder":759},{"sectionNumber":"sec.480","sectionType":"section","heading":"Employing persons in other new regulated employment","content":"### sec.480 Employing persons in other new regulated employment\n\nSubsections (2) and (3) apply if, immediately before the commencement—\na person (the employee ) was employed or was continuing to be employed by another person (the employer ) in other new regulated employment as a volunteer; and\nat the commencement, the person does not have a current positive notice.\nIf the employee is not a police officer or registered teacher, section 188 does not apply in relation to the employment of the employee until—\nif a prescribed notice application about the person is made before or during the transitional period and is not withdrawn—the day a prescribed notice is issued to the employee; or\nif a prescribed notice application about the person is made before or during the transitional period and is withdrawn—the day the application is withdrawn; or\nif a prescribed notice application about the person is not made before or during the transitional period—the transitional period ends.\nSee, however, sections 195 and 196.\nIf the employee is a police officer or registered teacher, section 251 does not apply in relation to the employment of the employee until the transitional period ends.\nSee, however, sections 257 and 258.\nSubsections (5) and (6) apply if, immediately before the commencement—\na person (the employee ) was employed or was continuing to be employed by another person (the employer ) in other new regulated employment other than as a volunteer; and\nat the commencement, the person does not have a current positive notice.\nIf the employee is not a police officer or registered teacher, sections 191 to 193 do not apply in relation to the employment of the employee until the transitional period ends.\nSee, however, sections 194 to 196.\nIf the employee is a police officer or registered teacher, sections 253 to 255 do not apply in relation to the employment of the employee until the transitional period ends.\nSee, however, sections 256 to 258.\nSection 323 does not apply to an employee mentioned in subsection (1) or (4) until the first prescribed notice application or exemption notice application about the person is made after the commencement.\nIn this section—\ntransitional period means—\nif the employer for the other new regulated employment is a government entity—the period starting at the commencement and ending 12 months after the commencement; or\notherwise—the period starting at the commencement and ending 6 months after the commencement.\ns 480 ins 2010 No. 5 s 64\n(sec.480-ssec.1) Subsections (2) and (3) apply if, immediately before the commencement— a person (the employee ) was employed or was continuing to be employed by another person (the employer ) in other new regulated employment as a volunteer; and at the commencement, the person does not have a current positive notice.\n(sec.480-ssec.2) If the employee is not a police officer or registered teacher, section 188 does not apply in relation to the employment of the employee until— if a prescribed notice application about the person is made before or during the transitional period and is not withdrawn—the day a prescribed notice is issued to the employee; or if a prescribed notice application about the person is made before or during the transitional period and is withdrawn—the day the application is withdrawn; or if a prescribed notice application about the person is not made before or during the transitional period—the transitional period ends. See, however, sections 195 and 196.\n(sec.480-ssec.3) If the employee is a police officer or registered teacher, section 251 does not apply in relation to the employment of the employee until the transitional period ends. See, however, sections 257 and 258.\n(sec.480-ssec.4) Subsections (5) and (6) apply if, immediately before the commencement— a person (the employee ) was employed or was continuing to be employed by another person (the employer ) in other new regulated employment other than as a volunteer; and at the commencement, the person does not have a current positive notice.\n(sec.480-ssec.5) If the employee is not a police officer or registered teacher, sections 191 to 193 do not apply in relation to the employment of the employee until the transitional period ends. See, however, sections 194 to 196.\n(sec.480-ssec.6) If the employee is a police officer or registered teacher, sections 253 to 255 do not apply in relation to the employment of the employee until the transitional period ends. See, however, sections 256 to 258.\n(sec.480-ssec.7) Section 323 does not apply to an employee mentioned in subsection (1) or (4) until the first prescribed notice application or exemption notice application about the person is made after the commencement.\n(sec.480-ssec.8) In this section— transitional period means— if the employer for the other new regulated employment is a government entity—the period starting at the commencement and ending 12 months after the commencement; or otherwise—the period starting at the commencement and ending 6 months after the commencement.\n- (a) a person (the employee ) was employed or was continuing to be employed by another person (the employer ) in other new regulated employment as a volunteer; and\n- (b) at the commencement, the person does not have a current positive notice.\n- (a) if a prescribed notice application about the person is made before or during the transitional period and is not withdrawn—the day a prescribed notice is issued to the employee; or\n- (b) if a prescribed notice application about the person is made before or during the transitional period and is withdrawn—the day the application is withdrawn; or\n- (c) if a prescribed notice application about the person is not made before or during the transitional period—the transitional period ends.\n- (a) a person (the employee ) was employed or was continuing to be employed by another person (the employer ) in other new regulated employment other than as a volunteer; and\n- (b) at the commencement, the person does not have a current positive notice.\n- (a) if the employer for the other new regulated employment is a government entity—the period starting at the commencement and ending 12 months after the commencement; or\n- (b) otherwise—the period starting at the commencement and ending 6 months after the commencement.","sortOrder":760},{"sectionNumber":"sec.481","sectionType":"section","heading":"Carrying on other new regulated business","content":"### sec.481 Carrying on other new regulated business\n\nThis section applies if, immediately before the commencement—\na person was carrying on an other new regulated business; and\nat the commencement, the person does not have a current positive notice or current negative notice.\nIf the person is not a police officer or registered teacher, section 197 does not apply to the person carrying on the other new regulated business until—\nif the person applies for a prescribed notice before or during the transitional period and does not withdraw the application—the day a prescribed notice is issued to the person; or\nif the person applies for a prescribed notice before or during the transitional period and withdraws the application—the day of the withdrawal; or\nif the person does not apply for a prescribed notice before or during the transitional period—the transitional period ends.\nIf the person is a police officer or registered teacher, section 259 does not apply to the person carrying on the other new regulated business until the transitional period ends.\nSection 323 does not apply to a person mentioned in subsection (1) until the first prescribed notice application or exemption notice application about the person is made after the commencement.\nIn this section—\ntransitional period means—\nif the person carrying on the other new regulated business is a government entity—the period starting at the commencement and ending 12 months after the commencement; or\notherwise—the period starting at the commencement and ending 6 months after the commencement.\ns 481 ins 2010 No. 5 s 64\n(sec.481-ssec.1) This section applies if, immediately before the commencement— a person was carrying on an other new regulated business; and at the commencement, the person does not have a current positive notice or current negative notice.\n(sec.481-ssec.2) If the person is not a police officer or registered teacher, section 197 does not apply to the person carrying on the other new regulated business until— if the person applies for a prescribed notice before or during the transitional period and does not withdraw the application—the day a prescribed notice is issued to the person; or if the person applies for a prescribed notice before or during the transitional period and withdraws the application—the day of the withdrawal; or if the person does not apply for a prescribed notice before or during the transitional period—the transitional period ends.\n(sec.481-ssec.3) If the person is a police officer or registered teacher, section 259 does not apply to the person carrying on the other new regulated business until the transitional period ends.\n(sec.481-ssec.4) Section 323 does not apply to a person mentioned in subsection (1) until the first prescribed notice application or exemption notice application about the person is made after the commencement.\n(sec.481-ssec.5) In this section— transitional period means— if the person carrying on the other new regulated business is a government entity—the period starting at the commencement and ending 12 months after the commencement; or otherwise—the period starting at the commencement and ending 6 months after the commencement.\n- (a) a person was carrying on an other new regulated business; and\n- (b) at the commencement, the person does not have a current positive notice or current negative notice.\n- (a) if the person applies for a prescribed notice before or during the transitional period and does not withdraw the application—the day a prescribed notice is issued to the person; or\n- (b) if the person applies for a prescribed notice before or during the transitional period and withdraws the application—the day of the withdrawal; or\n- (c) if the person does not apply for a prescribed notice before or during the transitional period—the transitional period ends.\n- (a) if the person carrying on the other new regulated business is a government entity—the period starting at the commencement and ending 12 months after the commencement; or\n- (b) otherwise—the period starting at the commencement and ending 6 months after the commencement.","sortOrder":761},{"sectionNumber":"sec.482","sectionType":"section","heading":"Effect of conviction for serious offence","content":"### sec.482 Effect of conviction for serious offence\n\nThis section applies in relation to a person with a positive notice who is convicted of a serious offence before the commencement if, at the commencement, the person has not been issued a further prescribed notice as mentioned in section 111 of the unamended Act.\nSection 322 applies to the person as if the conviction happened immediately after the commencement.\nFor subsection (2), if the person has given the person’s positive notice to the commissioner under section 117(2) of the unamended Act, the person is taken to have given the positive notice to the commissioner under section 322(2).\nIn this section—\nserious offence means serious offence as defined under the unamended Act.\ns 482 ins 2010 No. 5 s 64\n(sec.482-ssec.1) This section applies in relation to a person with a positive notice who is convicted of a serious offence before the commencement if, at the commencement, the person has not been issued a further prescribed notice as mentioned in section 111 of the unamended Act.\n(sec.482-ssec.2) Section 322 applies to the person as if the conviction happened immediately after the commencement.\n(sec.482-ssec.3) For subsection (2), if the person has given the person’s positive notice to the commissioner under section 117(2) of the unamended Act, the person is taken to have given the positive notice to the commissioner under section 322(2).\n(sec.482-ssec.4) In this section— serious offence means serious offence as defined under the unamended Act.","sortOrder":762},{"sectionNumber":"sec.483","sectionType":"section","heading":"Existing applications to cancel negative notice","content":"### sec.483 Existing applications to cancel negative notice\n\nThis section applies if—\na person has applied for a cancellation of the person’s negative notice under section 118 of the unamended Act; and\nthe application has not been decided or withdrawn at the commencement.\nIf the application was made by a new relevant disqualified person—\nthe application is taken to have been withdrawn; and\nthe commissioner must give written notice of the withdrawal to the person.\nIf the application is made by a person other than a new relevant disqualified person, the application is taken to have been made under section 236, and must be decided under that section.\ns 483 ins 2010 No. 5 s 64\n(sec.483-ssec.1) This section applies if— a person has applied for a cancellation of the person’s negative notice under section 118 of the unamended Act; and the application has not been decided or withdrawn at the commencement.\n(sec.483-ssec.2) If the application was made by a new relevant disqualified person— the application is taken to have been withdrawn; and the commissioner must give written notice of the withdrawal to the person.\n(sec.483-ssec.3) If the application is made by a person other than a new relevant disqualified person, the application is taken to have been made under section 236, and must be decided under that section.\n- (a) a person has applied for a cancellation of the person’s negative notice under section 118 of the unamended Act; and\n- (b) the application has not been decided or withdrawn at the commencement.\n- (a) the application is taken to have been withdrawn; and\n- (b) the commissioner must give written notice of the withdrawal to the person.","sortOrder":763},{"sectionNumber":"sec.484","sectionType":"section","heading":"Existing suspensions of positive notice","content":"### sec.484 Existing suspensions of positive notice\n\nThis section applies if—\nthe commissioner has given a notice under section 119C of the unamended Act ( suspension notice ) suspending a person’s positive notice; and\nthe suspension has not ended at the commencement.\nThe person’s positive notice is taken to have been suspended under section 240(2) and sections 240 and 241 apply to the suspended positive notice.\nIf the person has applied for the positive notice to be cancelled and a further positive notice or negative notice to be issued to the person under section 119D of the unamended Act, the application is taken to have been made under section 241 and the commissioner must decide the application under that section.\nThis section is subject to sections 471 and 472.\ns 484 ins 2010 No. 5 s 64\n(sec.484-ssec.1) This section applies if— the commissioner has given a notice under section 119C of the unamended Act ( suspension notice ) suspending a person’s positive notice; and the suspension has not ended at the commencement.\n(sec.484-ssec.2) The person’s positive notice is taken to have been suspended under section 240(2) and sections 240 and 241 apply to the suspended positive notice.\n(sec.484-ssec.3) If the person has applied for the positive notice to be cancelled and a further positive notice or negative notice to be issued to the person under section 119D of the unamended Act, the application is taken to have been made under section 241 and the commissioner must decide the application under that section.\n(sec.484-ssec.4) This section is subject to sections 471 and 472.\n- (a) the commissioner has given a notice under section 119C of the unamended Act ( suspension notice ) suspending a person’s positive notice; and\n- (b) the suspension has not ended at the commencement.","sortOrder":764},{"sectionNumber":"sec.485","sectionType":"section","heading":"Continuation if commissioner acting on own initiative","content":"### sec.485 Continuation if commissioner acting on own initiative\n\nThis section applies if—\nbefore the commencement, the commissioner had started on the commissioner’s own initiative to exercise a power in relation to a person or a prescribed notice; and\nthe commissioner may, immediately after the commencement, exercise the power under chapter 8.\nThe commissioner may continue to exercise the power under chapter 8 in relation to the person or prescribed notice.\nSubsection (2) applies even if the matters to which the commissioner may or must have regard in exercising the power, or any other powers that the commissioner may exercise in relation to exercising the power, are different under chapter 8.\ns 485 ins 2010 No. 5 s 64\n(sec.485-ssec.1) This section applies if— before the commencement, the commissioner had started on the commissioner’s own initiative to exercise a power in relation to a person or a prescribed notice; and the commissioner may, immediately after the commencement, exercise the power under chapter 8.\n(sec.485-ssec.2) The commissioner may continue to exercise the power under chapter 8 in relation to the person or prescribed notice.\n(sec.485-ssec.3) Subsection (2) applies even if the matters to which the commissioner may or must have regard in exercising the power, or any other powers that the commissioner may exercise in relation to exercising the power, are different under chapter 8.\n- (a) before the commencement, the commissioner had started on the commissioner’s own initiative to exercise a power in relation to a person or a prescribed notice; and\n- (b) the commissioner may, immediately after the commencement, exercise the power under chapter 8.","sortOrder":765},{"sectionNumber":"sec.486","sectionType":"section","heading":"Effect of conviction or charge for new disqualifying offence","content":"### sec.486 Effect of conviction or charge for new disqualifying offence\n\nFor applying section 169(1)(a) or 170(a) in relation to a person convicted of a new disqualifying offence, it is immaterial as to when the offence was committed or when the person was convicted of the offence.\nA new disqualifying offence may have been committed, and the person convicted of the offence, before the commencement.\nSection 240 applies in relation to a person who holds a current positive notice who is charged with a new disqualifying offence even if the charge, or the acts or omissions constituting the alleged offence, happened before the commencement.\ns 486 ins 2010 No. 5 s 64\n(sec.486-ssec.1) For applying section 169(1)(a) or 170(a) in relation to a person convicted of a new disqualifying offence, it is immaterial as to when the offence was committed or when the person was convicted of the offence. A new disqualifying offence may have been committed, and the person convicted of the offence, before the commencement.\n(sec.486-ssec.2) Section 240 applies in relation to a person who holds a current positive notice who is charged with a new disqualifying offence even if the charge, or the acts or omissions constituting the alleged offence, happened before the commencement.","sortOrder":766},{"sectionNumber":"sec.487","sectionType":"section","heading":"Replacement of positive notice or positive notice blue card","content":"### sec.487 Replacement of positive notice or positive notice blue card\n\nThis section applies if—\na person’s current positive notice or current positive notice blue card is lost or stolen 14 days or less before the commencement; and\nat the commencement, the person has not applied for a replacement notice or card as required under section 120 of the unamended Act.\nSection 120 of the unamended Act does not apply to the person.\nSection 347 applies to the person as if the reference to 14 days after the loss or theft were a reference to the later of the following—\n14 days after the loss or theft;\n7 days after the commencement.\ns 487 ins 2010 No. 5 s 64\n(sec.487-ssec.1) This section applies if— a person’s current positive notice or current positive notice blue card is lost or stolen 14 days or less before the commencement; and at the commencement, the person has not applied for a replacement notice or card as required under section 120 of the unamended Act.\n(sec.487-ssec.2) Section 120 of the unamended Act does not apply to the person.\n(sec.487-ssec.3) Section 347 applies to the person as if the reference to 14 days after the loss or theft were a reference to the later of the following— 14 days after the loss or theft; 7 days after the commencement.\n- (a) a person’s current positive notice or current positive notice blue card is lost or stolen 14 days or less before the commencement; and\n- (b) at the commencement, the person has not applied for a replacement notice or card as required under section 120 of the unamended Act.\n- (a) 14 days after the loss or theft;\n- (b) 7 days after the commencement.","sortOrder":767},{"sectionNumber":"sec.488","sectionType":"section","heading":"Existing eligibility application by new relevant disqualified person","content":"### sec.488 Existing eligibility application by new relevant disqualified person\n\nThis section applies to an application for an eligibility declaration that—\nwas made under section 120F of the unamended Act by a new relevant disqualified person; and\nhas not been decided or withdrawn at the commencement.\nThe application is taken to have been withdrawn.\nThe commissioner must give written notice of the withdrawal to the person.\ns 488 ins 2010 No. 5 s 64\n(sec.488-ssec.1) This section applies to an application for an eligibility declaration that— was made under section 120F of the unamended Act by a new relevant disqualified person; and has not been decided or withdrawn at the commencement.\n(sec.488-ssec.2) The application is taken to have been withdrawn.\n(sec.488-ssec.3) The commissioner must give written notice of the withdrawal to the person.\n- (a) was made under section 120F of the unamended Act by a new relevant disqualified person; and\n- (b) has not been decided or withdrawn at the commencement.","sortOrder":768},{"sectionNumber":"sec.489","sectionType":"section","heading":"Other existing eligibility applications","content":"### sec.489 Other existing eligibility applications\n\nThis section applies to an application for an eligibility declaration ( existing application ) that—\nwas made under section 120F of the unamended Act by a person other than a new relevant disqualified person; and\nhas not been decided or withdrawn at the commencement.\nThe existing application is taken to be an eligibility application under section 178 ( section 178 application ) and chapter 8, part 4, division 2 applies to the application.\nAnything done or existing in relation to the existing application is taken to have been done or existing in relation to the section 178 application.\nThe commissioner has given the applicant a notice asking for stated information, including by way of a submission. The notice is taken to have been given in relation to the section 178 application.\nThe commissioner has requested police information about the applicant from the police commissioner. The request is taken to have been made in relation to the section 178 application.\nSubsection (3) applies only to the extent the thing can be done or in existence in relation to the section 178 application under chapter 8, part 4, division 2.\ns 489 ins 2010 No. 5 s 64\n(sec.489-ssec.1) This section applies to an application for an eligibility declaration ( existing application ) that— was made under section 120F of the unamended Act by a person other than a new relevant disqualified person; and has not been decided or withdrawn at the commencement.\n(sec.489-ssec.2) The existing application is taken to be an eligibility application under section 178 ( section 178 application ) and chapter 8, part 4, division 2 applies to the application.\n(sec.489-ssec.3) Anything done or existing in relation to the existing application is taken to have been done or existing in relation to the section 178 application. The commissioner has given the applicant a notice asking for stated information, including by way of a submission. The notice is taken to have been given in relation to the section 178 application. The commissioner has requested police information about the applicant from the police commissioner. The request is taken to have been made in relation to the section 178 application.\n(sec.489-ssec.4) Subsection (3) applies only to the extent the thing can be done or in existence in relation to the section 178 application under chapter 8, part 4, division 2.\n- (a) was made under section 120F of the unamended Act by a person other than a new relevant disqualified person; and\n- (b) has not been decided or withdrawn at the commencement.\n- 1 The commissioner has given the applicant a notice asking for stated information, including by way of a submission. The notice is taken to have been given in relation to the section 178 application.\n- 2 The commissioner has requested police information about the applicant from the police commissioner. The request is taken to have been made in relation to the section 178 application.","sortOrder":769},{"sectionNumber":"sec.490","sectionType":"section","heading":"Existing decisions on eligibility applications","content":"### sec.490 Existing decisions on eligibility applications\n\nAn eligibility declaration issued under section 120H of the unamended Act to a new relevant disqualified person is cancelled.\nAn eligibility declaration issued under section 120H of the unamended Act to a person other than a new relevant disqualified person is taken to be an eligibility declaration issued under section 180.\nThe reference to a refusal of an eligibility application in section 178(2) is taken to include a reference to a refusal of an eligibility application under section 120H of the unamended Act.\nSection 186 applies to a refusal under section 120H of the unamended Act of an eligibility application made by a person other than a new relevant disqualified person.\ns 490 ins 2010 No. 5 s 64\n(sec.490-ssec.1) An eligibility declaration issued under section 120H of the unamended Act to a new relevant disqualified person is cancelled.\n(sec.490-ssec.2) An eligibility declaration issued under section 120H of the unamended Act to a person other than a new relevant disqualified person is taken to be an eligibility declaration issued under section 180.\n(sec.490-ssec.3) The reference to a refusal of an eligibility application in section 178(2) is taken to include a reference to a refusal of an eligibility application under section 120H of the unamended Act.\n(sec.490-ssec.4) Section 186 applies to a refusal under section 120H of the unamended Act of an eligibility application made by a person other than a new relevant disqualified person.","sortOrder":770},{"sectionNumber":"sec.491","sectionType":"section","heading":"Existing reviews and appeals by new disqualified person","content":"### sec.491 Existing reviews and appeals by new disqualified person\n\nThis section applies if—\nbefore the commencement, a person—\napplied for a review of a decision of the commissioner under section 121 of the unamended Act; or\nappealed under the QCAT Act against a decision of QCAT relating to a review of a decision under section 121 of the unamended Act; and\nthe review or appeal has not been decided at the commencement; and\nthe person is a new disqualified person.\nThe entity hearing the review or appeal, or any proceeding relating to the review or appeal, must dismiss the review or appeal or the proceeding.\ns 491 ins 2010 No. 5 s 64\n(sec.491-ssec.1) This section applies if— before the commencement, a person— applied for a review of a decision of the commissioner under section 121 of the unamended Act; or appealed under the QCAT Act against a decision of QCAT relating to a review of a decision under section 121 of the unamended Act; and the review or appeal has not been decided at the commencement; and the person is a new disqualified person.\n(sec.491-ssec.2) The entity hearing the review or appeal, or any proceeding relating to the review or appeal, must dismiss the review or appeal or the proceeding.\n- (a) before the commencement, a person— (i) applied for a review of a decision of the commissioner under section 121 of the unamended Act; or (ii) appealed under the QCAT Act against a decision of QCAT relating to a review of a decision under section 121 of the unamended Act; and\n- (i) applied for a review of a decision of the commissioner under section 121 of the unamended Act; or\n- (ii) appealed under the QCAT Act against a decision of QCAT relating to a review of a decision under section 121 of the unamended Act; and\n- (b) the review or appeal has not been decided at the commencement; and\n- (c) the person is a new disqualified person.\n- (i) applied for a review of a decision of the commissioner under section 121 of the unamended Act; or\n- (ii) appealed under the QCAT Act against a decision of QCAT relating to a review of a decision under section 121 of the unamended Act; and","sortOrder":771},{"sectionNumber":"sec.492","sectionType":"section","heading":"Other existing reviews and appeals","content":"### sec.492 Other existing reviews and appeals\n\nThis section applies if—\nbefore the commencement, a person—\napplied for a review of a decision of the commissioner under section 121 of the unamended Act; or\nappealed under the QCAT Act against a decision of QCAT relating to a review of a decision under section 121 of the unamended Act; and\nthe review or appeal has not been decided at the commencement; and\nsection 491 does not apply to the review or appeal.\nThe entity hearing the review or appeal must apply this Act in relation to the matter the subject of the review or appeal.\nWithout limiting subsection (2), the entity may exercise a power of the commissioner under chapter 8, part 6, divisions 6 and 7 for deciding a review of or appeal against a decision of the commissioner as to whether or not there is an exceptional case for a person.\nSubsection (5) applies if a disqualified person applied for the review or the review to which the appeal relates before the person became a disqualified person.\nThe entity hearing the review or appeal, or any proceeding in relation to the review or appeal, must dismiss the review or appeal, or the proceeding, on its own initiative or on application by the commissioner.\ns 492 ins 2010 No. 5 s 64\n(sec.492-ssec.1) This section applies if— before the commencement, a person— applied for a review of a decision of the commissioner under section 121 of the unamended Act; or appealed under the QCAT Act against a decision of QCAT relating to a review of a decision under section 121 of the unamended Act; and the review or appeal has not been decided at the commencement; and section 491 does not apply to the review or appeal.\n(sec.492-ssec.2) The entity hearing the review or appeal must apply this Act in relation to the matter the subject of the review or appeal.\n(sec.492-ssec.3) Without limiting subsection (2), the entity may exercise a power of the commissioner under chapter 8, part 6, divisions 6 and 7 for deciding a review of or appeal against a decision of the commissioner as to whether or not there is an exceptional case for a person.\n(sec.492-ssec.4) Subsection (5) applies if a disqualified person applied for the review or the review to which the appeal relates before the person became a disqualified person.\n(sec.492-ssec.5) The entity hearing the review or appeal, or any proceeding in relation to the review or appeal, must dismiss the review or appeal, or the proceeding, on its own initiative or on application by the commissioner.\n- (a) before the commencement, a person— (i) applied for a review of a decision of the commissioner under section 121 of the unamended Act; or (ii) appealed under the QCAT Act against a decision of QCAT relating to a review of a decision under section 121 of the unamended Act; and\n- (i) applied for a review of a decision of the commissioner under section 121 of the unamended Act; or\n- (ii) appealed under the QCAT Act against a decision of QCAT relating to a review of a decision under section 121 of the unamended Act; and\n- (b) the review or appeal has not been decided at the commencement; and\n- (c) section 491 does not apply to the review or appeal.\n- (i) applied for a review of a decision of the commissioner under section 121 of the unamended Act; or\n- (ii) appealed under the QCAT Act against a decision of QCAT relating to a review of a decision under section 121 of the unamended Act; and","sortOrder":772},{"sectionNumber":"sec.493","sectionType":"section","heading":"Person may apply for a review of a decision","content":"### sec.493 Person may apply for a review of a decision\n\nThis section applies to a decision of the commissioner made before the commencement if—\nimmediately before the commencement, a person could have, but has not, applied for a review of the decision under section 121 of the unamended Act; and\nthe period within which the person could have applied for the review (the review period ) has not passed; and\nthe person is not a disqualified person.\nThe person may apply for a review of the decision under section 354 within the review period.\nTo remove any doubt, it is declared that section 355 applies in relation to the application for the review.\ns 493 ins 2010 No. 5 s 64\n(sec.493-ssec.1) This section applies to a decision of the commissioner made before the commencement if— immediately before the commencement, a person could have, but has not, applied for a review of the decision under section 121 of the unamended Act; and the period within which the person could have applied for the review (the review period ) has not passed; and the person is not a disqualified person.\n(sec.493-ssec.2) The person may apply for a review of the decision under section 354 within the review period.\n(sec.493-ssec.3) To remove any doubt, it is declared that section 355 applies in relation to the application for the review.\n- (a) immediately before the commencement, a person could have, but has not, applied for a review of the decision under section 121 of the unamended Act; and\n- (b) the period within which the person could have applied for the review (the review period ) has not passed; and\n- (c) the person is not a disqualified person.","sortOrder":773},{"sectionNumber":"sec.494","sectionType":"section","heading":"Police commissioner’s decision that information is investigative information","content":"### sec.494 Police commissioner’s decision that information is investigative information\n\nThis section applies in relation to an offence ( new investigative information offence ) that—\nis a schedule 6 offence; but\nwas not an offence mentioned in section 121A(1)(a) of the unamended Act.\nSection 305 applies in relation to a positive notice holder’s acts or omissions constituting a new investigative information offence even if the acts were committed or omissions were made before the commencement.\ns 494 ins 2010 No. 5 s 64\n(sec.494-ssec.1) This section applies in relation to an offence ( new investigative information offence ) that— is a schedule 6 offence; but was not an offence mentioned in section 121A(1)(a) of the unamended Act.\n(sec.494-ssec.2) Section 305 applies in relation to a positive notice holder’s acts or omissions constituting a new investigative information offence even if the acts were committed or omissions were made before the commencement.\n- (a) is a schedule 6 offence; but\n- (b) was not an offence mentioned in section 121A(1)(a) of the unamended Act.","sortOrder":774},{"sectionNumber":"sec.495","sectionType":"section","heading":"Appeals against police commissioner’s decision that information is investigative information","content":"### sec.495 Appeals against police commissioner’s decision that information is investigative information\n\nSections 121C to 121E of the unamended Act continue to apply in relation to a decision of the police commissioner that information about a person is investigative information made before the commencement as if the amending Act had not been enacted.\nAn appeal against a decision mentioned in subsection (1) must be decided under the unamended Act.\ns 495 ins 2010 No. 5 s 64\n(sec.495-ssec.1) Sections 121C to 121E of the unamended Act continue to apply in relation to a decision of the police commissioner that information about a person is investigative information made before the commencement as if the amending Act had not been enacted.\n(sec.495-ssec.2) An appeal against a decision mentioned in subsection (1) must be decided under the unamended Act.","sortOrder":775},{"sectionNumber":"sec.496","sectionType":"section","heading":"Notice about withdrawal of application or negative notice","content":"### sec.496 Notice about withdrawal of application or negative notice\n\nThis section applies if—\nunder section 123A of the unamended Act, the commissioner was required to give someone written notice about the withdrawal of an application or that a particular person has a current negative notice; and\nat the commencement, the notice has not been given.\nThe commissioner must give the notice under section 123A of the unamended Act as if the amending Act had not been enacted.\ns 496 ins 2010 No. 5 s 64\n(sec.496-ssec.1) This section applies if— under section 123A of the unamended Act, the commissioner was required to give someone written notice about the withdrawal of an application or that a particular person has a current negative notice; and at the commencement, the notice has not been given.\n(sec.496-ssec.2) The commissioner must give the notice under section 123A of the unamended Act as if the amending Act had not been enacted.\n- (a) under section 123A of the unamended Act, the commissioner was required to give someone written notice about the withdrawal of an application or that a particular person has a current negative notice; and\n- (b) at the commencement, the notice has not been given.","sortOrder":776},{"sectionNumber":"sec.497","sectionType":"section","heading":"Dealing with information","content":"### sec.497 Dealing with information\n\nInformation obtained by the commissioner under part 6 of the unamended Act is taken to have been obtained under chapter 8.\nWithout limiting subsection (1), section 345 applies to the information as if the reference to using the information under chapter 8 in the section included a reference to using the information under part 6 of the unamended Act.\ns 497 ins 2010 No. 5 s 64\n(sec.497-ssec.1) Information obtained by the commissioner under part 6 of the unamended Act is taken to have been obtained under chapter 8.\n(sec.497-ssec.2) Without limiting subsection (1), section 345 applies to the information as if the reference to using the information under chapter 8 in the section included a reference to using the information under part 6 of the unamended Act.","sortOrder":777},{"sectionNumber":"sec.498","sectionType":"section","heading":"Disqualification orders for acts done or omissions made before commencement","content":"### sec.498 Disqualification orders for acts done or omissions made before commencement\n\nA court may make a disqualification order under section 357 in relation to a person convicted of an offence after the commencement arising out of an act done or omission made before the commencement.\ns 498 ins 2010 No. 5 s 64","sortOrder":778},{"sectionNumber":"ch.11-pt.13-div.3","sectionType":"division","heading":"Transitional provisions relating to previous part 7","content":"## Transitional provisions relating to previous part 7","sortOrder":779},{"sectionNumber":"sec.499","sectionType":"section","heading":"Notice about change in criminal history not given at the commencement","content":"### sec.499 Notice about change in criminal history not given at the commencement\n\nThis section applies if—\nbefore the commencement, there is a change in a staff member’s criminal history; and\nat the commencement, the staff member has not disclosed the details of the change to the commissioner as required by section 133 of the unamended Act.\nDespite section 133 of the unamended Act, the person is no longer required to give the details.\ns 499 ins 2010 No. 5 s 64\n(sec.499-ssec.1) This section applies if— before the commencement, there is a change in a staff member’s criminal history; and at the commencement, the staff member has not disclosed the details of the change to the commissioner as required by section 133 of the unamended Act.\n(sec.499-ssec.2) Despite section 133 of the unamended Act, the person is no longer required to give the details.\n- (a) before the commencement, there is a change in a staff member’s criminal history; and\n- (b) at the commencement, the staff member has not disclosed the details of the change to the commissioner as required by section 133 of the unamended Act.","sortOrder":780},{"sectionNumber":"sec.500","sectionType":"section","heading":"Request for prescribed police information not complied with at the commencement","content":"### sec.500 Request for prescribed police information not complied with at the commencement\n\nThis section applies if—\nthe commissioner has, under section 136 of the unamended Act, asked the police commissioner for prescribed police information about a person; and\nat the commencement, the police commissioner has not given the prescribed police information to the commissioner.\nDespite section 136(3) of the unamended Act, the police commissioner is no longer required to comply with the commissioner’s request.\ns 500 ins 2010 No. 5 s 64\n(sec.500-ssec.1) This section applies if— the commissioner has, under section 136 of the unamended Act, asked the police commissioner for prescribed police information about a person; and at the commencement, the police commissioner has not given the prescribed police information to the commissioner.\n(sec.500-ssec.2) Despite section 136(3) of the unamended Act, the police commissioner is no longer required to comply with the commissioner’s request.\n- (a) the commissioner has, under section 136 of the unamended Act, asked the police commissioner for prescribed police information about a person; and\n- (b) at the commencement, the police commissioner has not given the prescribed police information to the commissioner.","sortOrder":781},{"sectionNumber":"sec.501","sectionType":"section","heading":"Particular prescribed police information obtained but not used before commencement","content":"### sec.501 Particular prescribed police information obtained but not used before commencement\n\nThis section applies if—\nbefore the commencement, the police commissioner gave the commissioner a person’s prescribed police information under section 136 of the unamended Act; and\nat the commencement, the commissioner has not, in relation to the prescribed police information, made an assessment about the person’s suitability to be, or continue to be, a staff member under section 138 of the unamended Act.\nThe commissioner must immediately—\ndestroy the prescribed police information; and\nstop making the assessment.\ns 501 ins 2010 No. 5 s 64\namd 2010 No. 33 s 112\n(sec.501-ssec.1) This section applies if— before the commencement, the police commissioner gave the commissioner a person’s prescribed police information under section 136 of the unamended Act; and at the commencement, the commissioner has not, in relation to the prescribed police information, made an assessment about the person’s suitability to be, or continue to be, a staff member under section 138 of the unamended Act.\n(sec.501-ssec.2) The commissioner must immediately— destroy the prescribed police information; and stop making the assessment.\n- (a) before the commencement, the police commissioner gave the commissioner a person’s prescribed police information under section 136 of the unamended Act; and\n- (b) at the commencement, the commissioner has not, in relation to the prescribed police information, made an assessment about the person’s suitability to be, or continue to be, a staff member under section 138 of the unamended Act.\n- (a) destroy the prescribed police information; and\n- (b) stop making the assessment.","sortOrder":782},{"sectionNumber":"sec.502","sectionType":"section","heading":"Notice not given by prosecuting authority at the commencement","content":"### sec.502 Notice not given by prosecuting authority at the commencement\n\nThis section applies if—\nbefore the commencement, a staff member is charged with an indictable offence; and\nat the commencement, the police commissioner or director of public prosecutions (a prosecuting authority ) has not given information about the charge to the commissioner as required by section 137 of the unamended Act.\nDespite section 137 of the unamended Act, the prosecuting authority is no longer required to give the information.\ns 502 ins 2010 No. 5 s 64\n(sec.502-ssec.1) This section applies if— before the commencement, a staff member is charged with an indictable offence; and at the commencement, the police commissioner or director of public prosecutions (a prosecuting authority ) has not given information about the charge to the commissioner as required by section 137 of the unamended Act.\n(sec.502-ssec.2) Despite section 137 of the unamended Act, the prosecuting authority is no longer required to give the information.\n- (a) before the commencement, a staff member is charged with an indictable offence; and\n- (b) at the commencement, the police commissioner or director of public prosecutions (a prosecuting authority ) has not given information about the charge to the commissioner as required by section 137 of the unamended Act.","sortOrder":783},{"sectionNumber":"sec.503","sectionType":"section","heading":"Use of particular information obtained before commencement","content":"### sec.503 Use of particular information obtained before commencement\n\nSection 138(2) of the unamended Act continues to apply in relation to information about a person received by the commissioner under part 7 of the unamended Act as if the amending Act had not been enacted.\ns 503 ins 2010 No. 5 s 64","sortOrder":784},{"sectionNumber":"ch.11-pt.13-div.4","sectionType":"division","heading":"Other transitional provision","content":"## Other transitional provision","sortOrder":785},{"sectionNumber":"sec.504","sectionType":"section","heading":"References to Youth Justice Act 1992","content":"### sec.504 References to Youth Justice Act 1992\n\nThis section applies to a reference to the Youth Justice Act 1992 in a provision of this Act if the provision commences before the JJA short title amendment commences.\nUntil the JJA short title amendment commences, the reference is taken to be a reference to the Juvenile Justice Act 1992 .\nIn this section—\nJJA short title amendment means the Juvenile Justice and Other Acts Amendment Act 2009 , section 9 .\ns 504 ins 2010 No. 5 s 64\n(sec.504-ssec.1) This section applies to a reference to the Youth Justice Act 1992 in a provision of this Act if the provision commences before the JJA short title amendment commences.\n(sec.504-ssec.2) Until the JJA short title amendment commences, the reference is taken to be a reference to the Juvenile Justice Act 1992 .\n(sec.504-ssec.3) In this section— JJA short title amendment means the Juvenile Justice and Other Acts Amendment Act 2009 , section 9 .","sortOrder":786},{"sectionNumber":"ch.11-pt.14","sectionType":"part","heading":null,"content":"","sortOrder":787},{"sectionNumber":"sec.505","sectionType":"section","heading":null,"content":"### Section sec.505\n\ns 505 ins 2010 No. 33 s 113\nom 2024 No. 50 s 119","sortOrder":788},{"sectionNumber":"sec.506","sectionType":"section","heading":null,"content":"### Section sec.506\n\ns 506 ins 2010 No. 33 s 113\nom 2024 No. 50 s 119","sortOrder":789},{"sectionNumber":"sec.507","sectionType":"section","heading":null,"content":"### Section sec.507\n\ns 507 ins 2010 No. 33 s 113\nom 2024 No. 50 s 119","sortOrder":790},{"sectionNumber":"sec.508","sectionType":"section","heading":null,"content":"### Section sec.508\n\ns 508 ins 2010 No. 33 s 113\nom 2024 No. 50 s 119","sortOrder":791},{"sectionNumber":"ch.11-pt.15","sectionType":"part","heading":null,"content":"","sortOrder":792},{"sectionNumber":"sec.509","sectionType":"section","heading":null,"content":"### Section sec.509\n\ns 509 ins 2013 No. 13 s 9\nom 2024 No. 50 s 119","sortOrder":793},{"sectionNumber":"ch.11-pt.16","sectionType":"part","heading":"Transitional provisions for Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013","content":"# Transitional provisions for Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013","sortOrder":794},{"sectionNumber":"ch.11-pt.16-div.1","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":795},{"sectionNumber":"sec.510","sectionType":"section","heading":"Definitions for pt 16","content":"### sec.510 Definitions for pt 16\n\nIn this part—\namended Act means this Act as amended by the Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 .\ncommencement means the commencement of this section.\nnew disqualified person means a person who is a disqualified person only because the person has been convicted or is convicted of a new disqualifying offence.\nnew disqualifying offence means an offence that is a disqualifying offence under this Act but was not a disqualifying offence under this Act immediately before the commencement.\nnew relevant disqualified person means a person who is a relevant disqualified person only because the person has been convicted or is convicted of a new disqualifying offence for which an imprisonment order has been or is imposed.\nnew serious offence means an offence that is a serious offence under this Act but was not a serious offence under this Act immediately before the commencement.\ns 510 ins 2013 No. 14 s 4","sortOrder":796},{"sectionNumber":"ch.11-pt.16-div.2","sectionType":"division","heading":"Eligibility applications and eligibility declarations","content":"## Eligibility applications and eligibility declarations","sortOrder":797},{"sectionNumber":"sec.511","sectionType":"section","heading":"Existing eligibility application","content":"### sec.511 Existing eligibility application\n\nThis section applies if—\nbefore the commencement a person had made an eligibility application to the commissioner under section 178; and\nimmediately before the commencement the person’s eligibility application had not been decided or withdrawn.\nAt the commencement the commissioner must decide the application under the amended Act.\nThe commissioner may issue an eligibility declaration to a person if the person has been convicted of a disqualifying offence and is not a relevant disqualified person. See section 180(1).\ns 511 ins 2013 No. 14 s 4\n(sec.511-ssec.1) This section applies if— before the commencement a person had made an eligibility application to the commissioner under section 178; and immediately before the commencement the person’s eligibility application had not been decided or withdrawn.\n(sec.511-ssec.2) At the commencement the commissioner must decide the application under the amended Act. The commissioner may issue an eligibility declaration to a person if the person has been convicted of a disqualifying offence and is not a relevant disqualified person. See section 180(1).\n- (a) before the commencement a person had made an eligibility application to the commissioner under section 178; and\n- (b) immediately before the commencement the person’s eligibility application had not been decided or withdrawn.","sortOrder":798},{"sectionNumber":"sec.512","sectionType":"section","heading":"Current eligibility declaration for new relevant disqualified person","content":"### sec.512 Current eligibility declaration for new relevant disqualified person\n\nThis section applies to a person if—\nbefore the commencement the commissioner had issued, or was taken to have issued, the person an eligibility declaration; and\nimmediately before the commencement the person’s eligibility declaration had not expired; and\nat the commencement the person is a new relevant disqualified person.\nAt the commencement the person’s eligibility declaration is taken to have expired.\nIf the person also holds a positive notice, see section 519.\ns 512 ins 2013 No. 14 s 4\n(sec.512-ssec.1) This section applies to a person if— before the commencement the commissioner had issued, or was taken to have issued, the person an eligibility declaration; and immediately before the commencement the person’s eligibility declaration had not expired; and at the commencement the person is a new relevant disqualified person.\n(sec.512-ssec.2) At the commencement the person’s eligibility declaration is taken to have expired. If the person also holds a positive notice, see section 519.\n- (a) before the commencement the commissioner had issued, or was taken to have issued, the person an eligibility declaration; and\n- (b) immediately before the commencement the person’s eligibility declaration had not expired; and\n- (c) at the commencement the person is a new relevant disqualified person.","sortOrder":799},{"sectionNumber":"sec.513","sectionType":"section","heading":"Current eligibility declaration for person charged with new disqualifying offence or convicted of new serious offence","content":"### sec.513 Current eligibility declaration for person charged with new disqualifying offence or convicted of new serious offence\n\nThis section applies to a person if—\nbefore the commencement the commissioner had issued, or was taken to have issued, the person an eligibility declaration; and\nimmediately before the commencement the person’s eligibility declaration had not expired; and\nthe person—\nwas convicted of a new serious offence before the commencement; or\nis charged with a new disqualifying offence at the commencement.\nAt the commencement—\nthe amended Act applies to the person’s eligibility declaration; and\nthe person’s eligibility declaration is taken to have been issued on the commencement.\nIf, after the commencement the commissioner is to make a decision under chapter 8, part 4, division 9 about the person, and it is the first time the commissioner is to make a decision under that division after the commencement, section 223(1)(b) does not apply to the commissioner making the decision.\ns 513 ins 2013 No. 14 s 4\n(sec.513-ssec.1) This section applies to a person if— before the commencement the commissioner had issued, or was taken to have issued, the person an eligibility declaration; and immediately before the commencement the person’s eligibility declaration had not expired; and the person— was convicted of a new serious offence before the commencement; or is charged with a new disqualifying offence at the commencement.\n(sec.513-ssec.2) At the commencement— the amended Act applies to the person’s eligibility declaration; and the person’s eligibility declaration is taken to have been issued on the commencement.\n(sec.513-ssec.3) If, after the commencement the commissioner is to make a decision under chapter 8, part 4, division 9 about the person, and it is the first time the commissioner is to make a decision under that division after the commencement, section 223(1)(b) does not apply to the commissioner making the decision.\n- (a) before the commencement the commissioner had issued, or was taken to have issued, the person an eligibility declaration; and\n- (b) immediately before the commencement the person’s eligibility declaration had not expired; and\n- (c) the person— (i) was convicted of a new serious offence before the commencement; or (ii) is charged with a new disqualifying offence at the commencement.\n- (i) was convicted of a new serious offence before the commencement; or\n- (ii) is charged with a new disqualifying offence at the commencement.\n- (i) was convicted of a new serious offence before the commencement; or\n- (ii) is charged with a new disqualifying offence at the commencement.\n- (a) the amended Act applies to the person’s eligibility declaration; and\n- (b) the person’s eligibility declaration is taken to have been issued on the commencement.","sortOrder":800},{"sectionNumber":"sec.514","sectionType":"section","heading":"Other eligibility declarations","content":"### sec.514 Other eligibility declarations\n\nThis section applies to a person if—\nbefore the commencement the commissioner had issued, or was taken to have issued, the person an eligibility declaration; and\nimmediately before the commencement the person’s eligibility declaration had not expired; and\nat the commencement section 512 or 513 does not apply.\nAt the commencement the amended Act applies to the person’s eligibility declaration.\ns 514 ins 2013 No. 14 s 4\n(sec.514-ssec.1) This section applies to a person if— before the commencement the commissioner had issued, or was taken to have issued, the person an eligibility declaration; and immediately before the commencement the person’s eligibility declaration had not expired; and at the commencement section 512 or 513 does not apply.\n(sec.514-ssec.2) At the commencement the amended Act applies to the person’s eligibility declaration.\n- (a) before the commencement the commissioner had issued, or was taken to have issued, the person an eligibility declaration; and\n- (b) immediately before the commencement the person’s eligibility declaration had not expired; and\n- (c) at the commencement section 512 or 513 does not apply.","sortOrder":801},{"sectionNumber":"sec.515","sectionType":"section","heading":"Existing application for reversal of decision refusing an eligibility declaration","content":"### sec.515 Existing application for reversal of decision refusing an eligibility declaration\n\nThis section applies if—\nbefore the commencement a person had made an application under section 186(2) to the commissioner; and\nimmediately before the commencement the application had not been decided.\nAt the commencement the amended Act applies and the commissioner may decide the application under the amended Act.\ns 515 ins 2013 No. 14 s 4\n(sec.515-ssec.1) This section applies if— before the commencement a person had made an application under section 186(2) to the commissioner; and immediately before the commencement the application had not been decided.\n(sec.515-ssec.2) At the commencement the amended Act applies and the commissioner may decide the application under the amended Act.\n- (a) before the commencement a person had made an application under section 186(2) to the commissioner; and\n- (b) immediately before the commencement the application had not been decided.","sortOrder":802},{"sectionNumber":"ch.11-pt.16-div.3","sectionType":"division","heading":"Prescribed notice applications and prescribed notices","content":"## Prescribed notice applications and prescribed notices","sortOrder":803},{"sectionNumber":"sec.516","sectionType":"section","heading":"Existing prescribed notice application by new relevant disqualified person","content":"### sec.516 Existing prescribed notice application by new relevant disqualified person\n\nThis section applies if—\nbefore the commencement a prescribed notice application had been made about a person; and\nimmediately before the commencement the application had not been decided or withdrawn; and\nat the commencement the person is a new relevant disqualified person.\nThe person’s application is taken to be withdrawn.\nThe commissioner must give written notice about the withdrawal of the application to—\nthe person; and\neach notifiable person for the person; and\nif the person is the director of a school’s governing board—the accreditation board.\ns 516 ins 2013 No. 14 s 4\n(sec.516-ssec.1) This section applies if— before the commencement a prescribed notice application had been made about a person; and immediately before the commencement the application had not been decided or withdrawn; and at the commencement the person is a new relevant disqualified person.\n(sec.516-ssec.2) The person’s application is taken to be withdrawn.\n(sec.516-ssec.3) The commissioner must give written notice about the withdrawal of the application to— the person; and each notifiable person for the person; and if the person is the director of a school’s governing board—the accreditation board.\n- (a) before the commencement a prescribed notice application had been made about a person; and\n- (b) immediately before the commencement the application had not been decided or withdrawn; and\n- (c) at the commencement the person is a new relevant disqualified person.\n- (a) the person; and\n- (b) each notifiable person for the person; and\n- (c) if the person is the director of a school’s governing board—the accreditation board.","sortOrder":804},{"sectionNumber":"sec.517","sectionType":"section","heading":"Existing prescribed notice application if person charged with new disqualifying offence or is new disqualified person but not new relevant disqualified person","content":"### sec.517 Existing prescribed notice application if person charged with new disqualifying offence or is new disqualified person but not new relevant disqualified person\n\nThis section applies if—\nbefore the commencement a prescribed notice application had been made about a person; and\nimmediately before the commencement the application had not been decided or withdrawn; and\nat the commencement the person—\nis charged with a new disqualifying offence; or\nis a new disqualified person but not a new relevant disqualified person.\nIf a person holds a positive notice, see also sections 520 and 521.\nSubsection (3) applies if—\nat the commencement the person is charged with a new disqualifying offence; or\nat the commencement the person is a new disqualified person but not a new relevant disqualified person and, at the time of making the application—\nwas not issued, or not taken to have been issued, an eligibility declaration; and\ndid not hold a positive notice.\nAt the commencement—\nthe application is taken to be withdrawn; and\nthe commissioner must give written notice about the withdrawal of the application to—\nthe person; and\neach notifiable person for the person; and\nif the person is the director of a school’s governing board—the accreditation board.\nIf a person charged with a new disqualifying offence also holds a positive notice, see also sections 521 and 240.\nSubsection (5) applies if the person is a new disqualified person but not a new relevant disqualified person and at the time of making the application the person—\nwas not issued, or not taken to have been issued, an eligibility declaration; and\nheld a positive notice that was not suspended.\nAt the commencement—\nthe person is taken to have been issued an eligibility declaration other than for section 223(1)(b); and\nthe commissioner must decide the application under the amended Act.\nIf the person is a new disqualified person but not a new relevant disqualified person and, at the time of the application the person was issued an eligibility declaration, at the commencement the commissioner must decide the application under the amended Act but section 223(1)(b) does not apply to the commissioner making the decision.\nFor subsections (3) and (6), if before the commencement the commissioner had under section 236 cancelled a negative notice issued to the person, on the commencement section 223(1)(a) does not apply to the commissioner making the decision.\ns 517 ins 2013 No. 14 s 4\n(sec.517-ssec.1) This section applies if— before the commencement a prescribed notice application had been made about a person; and immediately before the commencement the application had not been decided or withdrawn; and at the commencement the person— is charged with a new disqualifying offence; or is a new disqualified person but not a new relevant disqualified person. If a person holds a positive notice, see also sections 520 and 521.\n(sec.517-ssec.2) Subsection (3) applies if— at the commencement the person is charged with a new disqualifying offence; or at the commencement the person is a new disqualified person but not a new relevant disqualified person and, at the time of making the application— was not issued, or not taken to have been issued, an eligibility declaration; and did not hold a positive notice.\n(sec.517-ssec.3) At the commencement— the application is taken to be withdrawn; and the commissioner must give written notice about the withdrawal of the application to— the person; and each notifiable person for the person; and if the person is the director of a school’s governing board—the accreditation board. If a person charged with a new disqualifying offence also holds a positive notice, see also sections 521 and 240.\n(sec.517-ssec.4) Subsection (5) applies if the person is a new disqualified person but not a new relevant disqualified person and at the time of making the application the person— was not issued, or not taken to have been issued, an eligibility declaration; and held a positive notice that was not suspended.\n(sec.517-ssec.5) At the commencement— the person is taken to have been issued an eligibility declaration other than for section 223(1)(b); and the commissioner must decide the application under the amended Act.\n(sec.517-ssec.6) If the person is a new disqualified person but not a new relevant disqualified person and, at the time of the application the person was issued an eligibility declaration, at the commencement the commissioner must decide the application under the amended Act but section 223(1)(b) does not apply to the commissioner making the decision.\n(sec.517-ssec.7) For subsections (3) and (6), if before the commencement the commissioner had under section 236 cancelled a negative notice issued to the person, on the commencement section 223(1)(a) does not apply to the commissioner making the decision.\n- (a) before the commencement a prescribed notice application had been made about a person; and\n- (b) immediately before the commencement the application had not been decided or withdrawn; and\n- (c) at the commencement the person— (i) is charged with a new disqualifying offence; or (ii) is a new disqualified person but not a new relevant disqualified person.\n- (i) is charged with a new disqualifying offence; or\n- (ii) is a new disqualified person but not a new relevant disqualified person.\n- (i) is charged with a new disqualifying offence; or\n- (ii) is a new disqualified person but not a new relevant disqualified person.\n- (a) at the commencement the person is charged with a new disqualifying offence; or\n- (b) at the commencement the person is a new disqualified person but not a new relevant disqualified person and, at the time of making the application— (i) was not issued, or not taken to have been issued, an eligibility declaration; and (ii) did not hold a positive notice.\n- (i) was not issued, or not taken to have been issued, an eligibility declaration; and\n- (ii) did not hold a positive notice.\n- (i) was not issued, or not taken to have been issued, an eligibility declaration; and\n- (ii) did not hold a positive notice.\n- (a) the application is taken to be withdrawn; and\n- (b) the commissioner must give written notice about the withdrawal of the application to— (i) the person; and (ii) each notifiable person for the person; and (iii) if the person is the director of a school’s governing board—the accreditation board.\n- (i) the person; and\n- (ii) each notifiable person for the person; and\n- (iii) if the person is the director of a school’s governing board—the accreditation board.\n- (i) the person; and\n- (ii) each notifiable person for the person; and\n- (iii) if the person is the director of a school’s governing board—the accreditation board.\n- (a) was not issued, or not taken to have been issued, an eligibility declaration; and\n- (b) held a positive notice that was not suspended.\n- (a) the person is taken to have been issued an eligibility declaration other than for section 223(1)(b); and\n- (b) the commissioner must decide the application under the amended Act.","sortOrder":805},{"sectionNumber":"sec.518","sectionType":"section","heading":"Other existing prescribed notice applications","content":"### sec.518 Other existing prescribed notice applications\n\nThis section applies if—\nbefore the commencement a prescribed notice application had been made about a person; and\nimmediately before the commencement the application had not been decided or withdrawn; and\nsection 516 or 517 does not apply.\nAt the commencement the commissioner must decide the application under the amended Act.\ns 518 ins 2013 No. 14 s 4\n(sec.518-ssec.1) This section applies if— before the commencement a prescribed notice application had been made about a person; and immediately before the commencement the application had not been decided or withdrawn; and section 516 or 517 does not apply.\n(sec.518-ssec.2) At the commencement the commissioner must decide the application under the amended Act.\n- (a) before the commencement a prescribed notice application had been made about a person; and\n- (b) immediately before the commencement the application had not been decided or withdrawn; and\n- (c) section 516 or 517 does not apply.","sortOrder":806},{"sectionNumber":"sec.519","sectionType":"section","heading":"Current positive notice for new relevant disqualified person","content":"### sec.519 Current positive notice for new relevant disqualified person\n\nThis section applies if—\nbefore the commencement a person held a positive notice; and\nimmediately before the commencement the notice was current; and\nat the commencement the person is a new relevant disqualified person.\nAt the commencement the amended Act applies and the commissioner must cancel the person’s positive notice and substitute a negative notice under section 239.\nUnder section 246, a person must return their cancelled positive notice and any positive notice blue card relating to the positive notice to the commissioner.\nAlso, if the positive notice is suspended under section 240 or 242 at the commencement, any application for the cancellation of the suspension under section 241 or 243 that has not been decided or withdrawn at the commencement is taken to have been withdrawn.\ns 519 ins 2013 No. 14 s 4\n(sec.519-ssec.1) This section applies if— before the commencement a person held a positive notice; and immediately before the commencement the notice was current; and at the commencement the person is a new relevant disqualified person.\n(sec.519-ssec.2) At the commencement the amended Act applies and the commissioner must cancel the person’s positive notice and substitute a negative notice under section 239. Under section 246, a person must return their cancelled positive notice and any positive notice blue card relating to the positive notice to the commissioner.\n(sec.519-ssec.3) Also, if the positive notice is suspended under section 240 or 242 at the commencement, any application for the cancellation of the suspension under section 241 or 243 that has not been decided or withdrawn at the commencement is taken to have been withdrawn.\n- (a) before the commencement a person held a positive notice; and\n- (b) immediately before the commencement the notice was current; and\n- (c) at the commencement the person is a new relevant disqualified person.","sortOrder":807},{"sectionNumber":"sec.520","sectionType":"section","heading":"Current positive notice for new disqualified person other than new relevant disqualified person","content":"### sec.520 Current positive notice for new disqualified person other than new relevant disqualified person\n\nThis section applies if—\nbefore the commencement a person held a positive notice; and\nimmediately before the commencement the notice was current; and\nat the commencement the person is a new disqualified person but not a new relevant disqualified person.\nIf, at the commencement, the person’s positive notice is suspended under section 240 or 242, the amended Act applies in relation to the positive notice.\nIf, at the commencement, the person is not issued, or not taken to have been issued, an eligibility declaration and the person’s positive notice is not suspended under section 240 or 242—\nthe person is taken to have been issued an eligibility declaration under section 180; and\nthe amended Act applies in relation to the positive notice.\nIf, at the commencement, the person is issued, or taken to have been issued, an eligibility declaration and the person’s positive notice is not suspended under section 240 or 242, the amended Act applies in relation to the person’s positive notice.\nIf, after the commencement the commissioner is to make a decision under chapter 8, part 4, division 9 about a person to whom this section applies, and it is the first time the commissioner is to make a decision under that division after the commencement, section 223(1)(b) does not apply to the commissioner making the decision.\ns 520 ins 2013 No. 14 s 4\n(sec.520-ssec.1) This section applies if— before the commencement a person held a positive notice; and immediately before the commencement the notice was current; and at the commencement the person is a new disqualified person but not a new relevant disqualified person.\n(sec.520-ssec.2) If, at the commencement, the person’s positive notice is suspended under section 240 or 242, the amended Act applies in relation to the positive notice.\n(sec.520-ssec.3) If, at the commencement, the person is not issued, or not taken to have been issued, an eligibility declaration and the person’s positive notice is not suspended under section 240 or 242— the person is taken to have been issued an eligibility declaration under section 180; and the amended Act applies in relation to the positive notice.\n(sec.520-ssec.4) If, at the commencement, the person is issued, or taken to have been issued, an eligibility declaration and the person’s positive notice is not suspended under section 240 or 242, the amended Act applies in relation to the person’s positive notice.\n(sec.520-ssec.5) If, after the commencement the commissioner is to make a decision under chapter 8, part 4, division 9 about a person to whom this section applies, and it is the first time the commissioner is to make a decision under that division after the commencement, section 223(1)(b) does not apply to the commissioner making the decision.\n- (a) before the commencement a person held a positive notice; and\n- (b) immediately before the commencement the notice was current; and\n- (c) at the commencement the person is a new disqualified person but not a new relevant disqualified person.\n- (a) the person is taken to have been issued an eligibility declaration under section 180; and\n- (b) the amended Act applies in relation to the positive notice.","sortOrder":808},{"sectionNumber":"sec.521","sectionType":"section","heading":"Other current positive notices","content":"### sec.521 Other current positive notices\n\nThis section applies if—\nbefore the commencement a person held a positive notice; and\nimmediately before the commencement the positive notice was current; and\nsection 519 or 520 does not apply.\nThe amended Act applies to the person’s positive notice.\ns 521 ins 2013 No. 14 s 4\n(sec.521-ssec.1) This section applies if— before the commencement a person held a positive notice; and immediately before the commencement the positive notice was current; and section 519 or 520 does not apply.\n(sec.521-ssec.2) The amended Act applies to the person’s positive notice.\n- (a) before the commencement a person held a positive notice; and\n- (b) immediately before the commencement the positive notice was current; and\n- (c) section 519 or 520 does not apply.","sortOrder":809},{"sectionNumber":"ch.11-pt.16-div.4","sectionType":"division","heading":"Exemption notice applications and exemption notices","content":"## Exemption notice applications and exemption notices","sortOrder":810},{"sectionNumber":"sec.522","sectionType":"section","heading":"Existing exemption notice application by new relevant disqualified person","content":"### sec.522 Existing exemption notice application by new relevant disqualified person\n\nThis section applies if—\nbefore the commencement an exemption notice application was made about a person; and\nimmediately before the commencement the application had not been decided or withdrawn; and\nat the commencement the person is a new relevant disqualified person.\nThe commissioner must decide the application under the amended Act.\nSee sections 285 and 224.\ns 522 ins 2013 No. 14 s 4\n(sec.522-ssec.1) This section applies if— before the commencement an exemption notice application was made about a person; and immediately before the commencement the application had not been decided or withdrawn; and at the commencement the person is a new relevant disqualified person.\n(sec.522-ssec.2) The commissioner must decide the application under the amended Act. See sections 285 and 224.\n- (a) before the commencement an exemption notice application was made about a person; and\n- (b) immediately before the commencement the application had not been decided or withdrawn; and\n- (c) at the commencement the person is a new relevant disqualified person.","sortOrder":811},{"sectionNumber":"sec.523","sectionType":"section","heading":"Existing exemption notice application if person charged with new disqualifying offence or is new disqualified person but not new relevant disqualified person","content":"### sec.523 Existing exemption notice application if person charged with new disqualifying offence or is new disqualified person but not new relevant disqualified person\n\nThis section applies if—\nbefore the commencement an exemption notice application was made about a person; and\nimmediately before the commencement the application had not been decided or withdrawn; and\nat the commencement the person—\nis charged with a new disqualifying offence; or\nis a new disqualified person but not a new relevant disqualified person.\nAt the commencement the commissioner must decide the application under the amended Act.\nHowever, if before the commencement the commissioner had under section 294 cancelled a negative exemption notice issued to the person, on the commencement section 223(1)(a) does not apply to the commissioner making the decision.\nAlso, the commissioner may only act under section 283 or 284 if the commissioner has acted under section 286 or 287 after the commencement.\ns 523 ins 2013 No. 14 s 4\n(sec.523-ssec.1) This section applies if— before the commencement an exemption notice application was made about a person; and immediately before the commencement the application had not been decided or withdrawn; and at the commencement the person— is charged with a new disqualifying offence; or is a new disqualified person but not a new relevant disqualified person.\n(sec.523-ssec.2) At the commencement the commissioner must decide the application under the amended Act.\n(sec.523-ssec.3) However, if before the commencement the commissioner had under section 294 cancelled a negative exemption notice issued to the person, on the commencement section 223(1)(a) does not apply to the commissioner making the decision.\n(sec.523-ssec.4) Also, the commissioner may only act under section 283 or 284 if the commissioner has acted under section 286 or 287 after the commencement.\n- (a) before the commencement an exemption notice application was made about a person; and\n- (b) immediately before the commencement the application had not been decided or withdrawn; and\n- (c) at the commencement the person— (i) is charged with a new disqualifying offence; or (ii) is a new disqualified person but not a new relevant disqualified person.\n- (i) is charged with a new disqualifying offence; or\n- (ii) is a new disqualified person but not a new relevant disqualified person.\n- (i) is charged with a new disqualifying offence; or\n- (ii) is a new disqualified person but not a new relevant disqualified person.","sortOrder":812},{"sectionNumber":"sec.524","sectionType":"section","heading":"Other existing exemption notice applications","content":"### sec.524 Other existing exemption notice applications\n\nThis section applies if—\nbefore the commencement an exemption notice application was made about a person; and\nimmediately before the commencement the application had not been decided or withdrawn; and\nsection 522 or 523 does not apply.\nAt the commencement the commissioner must decide the application under the amended Act.\nAlso, the commissioner may only act under section 283 or 284 if the commissioner has acted under section 286 or 287 after the commencement.\ns 524 ins 2013 No. 14 s 4\n(sec.524-ssec.1) This section applies if— before the commencement an exemption notice application was made about a person; and immediately before the commencement the application had not been decided or withdrawn; and section 522 or 523 does not apply.\n(sec.524-ssec.2) At the commencement the commissioner must decide the application under the amended Act.\n(sec.524-ssec.3) Also, the commissioner may only act under section 283 or 284 if the commissioner has acted under section 286 or 287 after the commencement.\n- (a) before the commencement an exemption notice application was made about a person; and\n- (b) immediately before the commencement the application had not been decided or withdrawn; and\n- (c) section 522 or 523 does not apply.","sortOrder":813},{"sectionNumber":"sec.525","sectionType":"section","heading":"Current positive exemption notice for new relevant disqualified person","content":"### sec.525 Current positive exemption notice for new relevant disqualified person\n\nThis section applies if—\nbefore the commencement a person held a positive exemption notice; and\nimmediately before the commencement the notice was current; and\nat the commencement the person is a new relevant disqualified person.\nAt the commencement the amended Act applies and the commissioner must cancel the person’s positive exemption notice and substitute a negative exemption notice under section 297.\nUnder section 304, a person must return their cancelled positive exemption notice to the commissioner.\nAlso, if the positive exemption notice is suspended under section 298 at the commencement, any application for the cancellation of the suspension under section 299 that has not been decided or withdrawn at the commencement is taken to have been withdrawn.\ns 525 ins 2013 No. 14 s 4\n(sec.525-ssec.1) This section applies if— before the commencement a person held a positive exemption notice; and immediately before the commencement the notice was current; and at the commencement the person is a new relevant disqualified person.\n(sec.525-ssec.2) At the commencement the amended Act applies and the commissioner must cancel the person’s positive exemption notice and substitute a negative exemption notice under section 297. Under section 304, a person must return their cancelled positive exemption notice to the commissioner.\n(sec.525-ssec.3) Also, if the positive exemption notice is suspended under section 298 at the commencement, any application for the cancellation of the suspension under section 299 that has not been decided or withdrawn at the commencement is taken to have been withdrawn.\n- (a) before the commencement a person held a positive exemption notice; and\n- (b) immediately before the commencement the notice was current; and\n- (c) at the commencement the person is a new relevant disqualified person.","sortOrder":814},{"sectionNumber":"sec.526","sectionType":"section","heading":"Current positive exemption notice for person other than new relevant disqualified person","content":"### sec.526 Current positive exemption notice for person other than new relevant disqualified person\n\nThis section applies if—\nbefore the commencement a person held a positive exemption notice; and\nimmediately before the commencement the notice was current; and\nat the commencement the person is not a new relevant disqualified person.\nAt the commencement the amended Act applies to the positive exemption notice.\ns 526 ins 2013 No. 14 s 4\n(sec.526-ssec.1) This section applies if— before the commencement a person held a positive exemption notice; and immediately before the commencement the notice was current; and at the commencement the person is not a new relevant disqualified person.\n(sec.526-ssec.2) At the commencement the amended Act applies to the positive exemption notice.\n- (a) before the commencement a person held a positive exemption notice; and\n- (b) immediately before the commencement the notice was current; and\n- (c) at the commencement the person is not a new relevant disqualified person.","sortOrder":815},{"sectionNumber":"ch.11-pt.16-div.5","sectionType":"division","heading":"Existing applications for cancellation or ending suspension of prescribed notices and exemption notices","content":"## Existing applications for cancellation or ending suspension of prescribed notices and exemption notices","sortOrder":816},{"sectionNumber":"sec.527","sectionType":"section","heading":"Existing application to cancel negative notice","content":"### sec.527 Existing application to cancel negative notice\n\nThis section applies if—\nbefore the commencement a person had applied to the commissioner to cancel the person’s negative notice under section 236; and\nimmediately before the commencement, the application had not been decided.\nAt the commencement—\nif the person is a new relevant disqualified person—\nthe application is taken to be withdrawn; and\nthe commissioner must give written notice about the withdrawal of the application to the person; or\nif the person is not a new relevant disqualified person—the commissioner must decide the application under the amended Act.\ns 527 ins 2013 No. 14 s 4\n(sec.527-ssec.1) This section applies if— before the commencement a person had applied to the commissioner to cancel the person’s negative notice under section 236; and immediately before the commencement, the application had not been decided.\n(sec.527-ssec.2) At the commencement— if the person is a new relevant disqualified person— the application is taken to be withdrawn; and the commissioner must give written notice about the withdrawal of the application to the person; or if the person is not a new relevant disqualified person—the commissioner must decide the application under the amended Act.\n- (a) before the commencement a person had applied to the commissioner to cancel the person’s negative notice under section 236; and\n- (b) immediately before the commencement, the application had not been decided.\n- (a) if the person is a new relevant disqualified person— (i) the application is taken to be withdrawn; and (ii) the commissioner must give written notice about the withdrawal of the application to the person; or\n- (i) the application is taken to be withdrawn; and\n- (ii) the commissioner must give written notice about the withdrawal of the application to the person; or\n- (b) if the person is not a new relevant disqualified person—the commissioner must decide the application under the amended Act.\n- (i) the application is taken to be withdrawn; and\n- (ii) the commissioner must give written notice about the withdrawal of the application to the person; or","sortOrder":817},{"sectionNumber":"sec.528","sectionType":"section","heading":"Existing application to cancel negative exemption notice","content":"### sec.528 Existing application to cancel negative exemption notice\n\nThis section applies if—\nbefore the commencement a person had applied to the commissioner to cancel the person’s negative exemption notice under section 294; and\nimmediately before the commencement, the application had not been decided.\nAt the commencement—\nif the person is a new relevant disqualified person—\nthe application is taken to be withdrawn; and\nthe commissioner must give written notice about the withdrawal of the application to the person; or\nif the person is not a new relevant disqualified person—the commissioner must decide the application under the amended Act.\ns 528 ins 2013 No. 14 s 4\n(sec.528-ssec.1) This section applies if— before the commencement a person had applied to the commissioner to cancel the person’s negative exemption notice under section 294; and immediately before the commencement, the application had not been decided.\n(sec.528-ssec.2) At the commencement— if the person is a new relevant disqualified person— the application is taken to be withdrawn; and the commissioner must give written notice about the withdrawal of the application to the person; or if the person is not a new relevant disqualified person—the commissioner must decide the application under the amended Act.\n- (a) before the commencement a person had applied to the commissioner to cancel the person’s negative exemption notice under section 294; and\n- (b) immediately before the commencement, the application had not been decided.\n- (a) if the person is a new relevant disqualified person— (i) the application is taken to be withdrawn; and (ii) the commissioner must give written notice about the withdrawal of the application to the person; or\n- (i) the application is taken to be withdrawn; and\n- (ii) the commissioner must give written notice about the withdrawal of the application to the person; or\n- (b) if the person is not a new relevant disqualified person—the commissioner must decide the application under the amended Act.\n- (i) the application is taken to be withdrawn; and\n- (ii) the commissioner must give written notice about the withdrawal of the application to the person; or","sortOrder":818},{"sectionNumber":"sec.529","sectionType":"section","heading":"Existing application to end suspension of positive notice for person other than new relevant disqualified person","content":"### sec.529 Existing application to end suspension of positive notice for person other than new relevant disqualified person\n\nThis section applies if—\nbefore the commencement a person had applied to the commissioner to cancel the person’s suspended positive notice under section 241 or 243; and\nimmediately before the commencement the application had not been decided; and\nat the commencement the person is not a new relevant disqualified person.\nAt the commencement the commissioner must decide the application under the amended Act.\ns 529 ins 2013 No. 14 s 4\n(sec.529-ssec.1) This section applies if— before the commencement a person had applied to the commissioner to cancel the person’s suspended positive notice under section 241 or 243; and immediately before the commencement the application had not been decided; and at the commencement the person is not a new relevant disqualified person.\n(sec.529-ssec.2) At the commencement the commissioner must decide the application under the amended Act.\n- (a) before the commencement a person had applied to the commissioner to cancel the person’s suspended positive notice under section 241 or 243; and\n- (b) immediately before the commencement the application had not been decided; and\n- (c) at the commencement the person is not a new relevant disqualified person.","sortOrder":819},{"sectionNumber":"sec.530","sectionType":"section","heading":"Existing application to end suspension of positive exemption notice for person other than new relevant disqualified person","content":"### sec.530 Existing application to end suspension of positive exemption notice for person other than new relevant disqualified person\n\nThis section applies if—\nbefore the commencement a person had applied to the commissioner to cancel the person’s suspended positive exemption notice under section 299; and\nimmediately before the commencement the application had not been decided; and\nat the commencement the person is not a new relevant disqualified person.\nAt the commencement the commissioner must decide the application under the amended Act.\ns 530 ins 2013 No. 14 s 4\n(sec.530-ssec.1) This section applies if— before the commencement a person had applied to the commissioner to cancel the person’s suspended positive exemption notice under section 299; and immediately before the commencement the application had not been decided; and at the commencement the person is not a new relevant disqualified person.\n(sec.530-ssec.2) At the commencement the commissioner must decide the application under the amended Act.\n- (a) before the commencement a person had applied to the commissioner to cancel the person’s suspended positive exemption notice under section 299; and\n- (b) immediately before the commencement the application had not been decided; and\n- (c) at the commencement the person is not a new relevant disqualified person.","sortOrder":820},{"sectionNumber":"ch.11-pt.16-div.6","sectionType":"division","heading":"Reviews and appeals","content":"## Reviews and appeals","sortOrder":821},{"sectionNumber":"sec.531","sectionType":"section","heading":"Undecided reviews and appeals by new disqualified persons","content":"### sec.531 Undecided reviews and appeals by new disqualified persons\n\nThis section applies if—\nbefore the commencement, a person—\napplied, under section 354, for a review of a chapter 8 reviewable decision; or\nappealed, under the QCAT Act, against a decision of QCAT relating to a chapter 8 reviewable decision; and\nat the commencement—\nthe application or appeal has not been decided; and\nthe person is a new disqualified person.\nThe application or appeal, and any proceeding in relation to the application or appeal, must be dismissed—\nif a proceeding in relation to the application or appeal is before a court—by the court; or\notherwise—by QCAT, even if the dismissal would be contrary to a direction of the Court of Appeal.\ns 531 ins 2013 No. 14 s 4\n(sec.531-ssec.1) This section applies if— before the commencement, a person— applied, under section 354, for a review of a chapter 8 reviewable decision; or appealed, under the QCAT Act, against a decision of QCAT relating to a chapter 8 reviewable decision; and at the commencement— the application or appeal has not been decided; and the person is a new disqualified person.\n(sec.531-ssec.2) The application or appeal, and any proceeding in relation to the application or appeal, must be dismissed— if a proceeding in relation to the application or appeal is before a court—by the court; or otherwise—by QCAT, even if the dismissal would be contrary to a direction of the Court of Appeal.\n- (a) before the commencement, a person— (i) applied, under section 354, for a review of a chapter 8 reviewable decision; or (ii) appealed, under the QCAT Act, against a decision of QCAT relating to a chapter 8 reviewable decision; and\n- (i) applied, under section 354, for a review of a chapter 8 reviewable decision; or\n- (ii) appealed, under the QCAT Act, against a decision of QCAT relating to a chapter 8 reviewable decision; and\n- (b) at the commencement— (i) the application or appeal has not been decided; and (ii) the person is a new disqualified person.\n- (i) the application or appeal has not been decided; and\n- (ii) the person is a new disqualified person.\n- (i) applied, under section 354, for a review of a chapter 8 reviewable decision; or\n- (ii) appealed, under the QCAT Act, against a decision of QCAT relating to a chapter 8 reviewable decision; and\n- (i) the application or appeal has not been decided; and\n- (ii) the person is a new disqualified person.\n- (a) if a proceeding in relation to the application or appeal is before a court—by the court; or\n- (b) otherwise—by QCAT, even if the dismissal would be contrary to a direction of the Court of Appeal.","sortOrder":822},{"sectionNumber":"sec.532","sectionType":"section","heading":"Review of chapter 8 reviewable decision about new disqualified person","content":"### sec.532 Review of chapter 8 reviewable decision about new disqualified person\n\nThis section applies if—\nbefore the commencement—\nthe commissioner makes a chapter 8 reviewable decision about a person; and\nthe person has not applied for a review of the decision under section 354; and\nthe person is a new disqualified person at the commencement.\nAt the commencement, the amended Act applies.\nUnder section 354, only a person who is not a disqualified person may apply for a review of a chapter 8 reviewable decision.\ns 532 ins 2013 No. 14 s 4\n(sec.532-ssec.1) This section applies if— before the commencement— the commissioner makes a chapter 8 reviewable decision about a person; and the person has not applied for a review of the decision under section 354; and the person is a new disqualified person at the commencement.\n(sec.532-ssec.2) At the commencement, the amended Act applies. Under section 354, only a person who is not a disqualified person may apply for a review of a chapter 8 reviewable decision.\n- (a) before the commencement— (i) the commissioner makes a chapter 8 reviewable decision about a person; and (ii) the person has not applied for a review of the decision under section 354; and\n- (i) the commissioner makes a chapter 8 reviewable decision about a person; and\n- (ii) the person has not applied for a review of the decision under section 354; and\n- (b) the person is a new disqualified person at the commencement.\n- (i) the commissioner makes a chapter 8 reviewable decision about a person; and\n- (ii) the person has not applied for a review of the decision under section 354; and","sortOrder":823},{"sectionNumber":"sec.533","sectionType":"section","heading":"Appeal by new disqualified person against decision of QCAT on review of chapter 8 reviewable decision","content":"### sec.533 Appeal by new disqualified person against decision of QCAT on review of chapter 8 reviewable decision\n\nThis section applies if—\nbefore the commencement, a person may appeal under the QCAT Act against a decision of QCAT relating to a chapter 8 reviewable decision; and\nat the commencement—\nthe time within which the person may appeal under the QCAT Act has not passed; and\nthe person is a new disqualified person.\nAny appeal by the person against the decision must be dismissed—\nif a proceeding in relation to the appeal is before a court—by the court; or\notherwise—by QCAT, even if the dismissal would be contrary to a direction of the Court of Appeal.\ns 533 ins 2013 No. 14 s 4\n(sec.533-ssec.1) This section applies if— before the commencement, a person may appeal under the QCAT Act against a decision of QCAT relating to a chapter 8 reviewable decision; and at the commencement— the time within which the person may appeal under the QCAT Act has not passed; and the person is a new disqualified person.\n(sec.533-ssec.2) Any appeal by the person against the decision must be dismissed— if a proceeding in relation to the appeal is before a court—by the court; or otherwise—by QCAT, even if the dismissal would be contrary to a direction of the Court of Appeal.\n- (a) before the commencement, a person may appeal under the QCAT Act against a decision of QCAT relating to a chapter 8 reviewable decision; and\n- (b) at the commencement— (i) the time within which the person may appeal under the QCAT Act has not passed; and (ii) the person is a new disqualified person.\n- (i) the time within which the person may appeal under the QCAT Act has not passed; and\n- (ii) the person is a new disqualified person.\n- (i) the time within which the person may appeal under the QCAT Act has not passed; and\n- (ii) the person is a new disqualified person.\n- (a) if a proceeding in relation to the appeal is before a court—by the court; or\n- (b) otherwise—by QCAT, even if the dismissal would be contrary to a direction of the Court of Appeal.","sortOrder":824},{"sectionNumber":"sec.534","sectionType":"section","heading":"Existing appeal by commissioner against decision of QCAT on review of chapter 8 reviewable decision","content":"### sec.534 Existing appeal by commissioner against decision of QCAT on review of chapter 8 reviewable decision\n\nThis section applies if—\nbefore the commencement, the commissioner appealed, under the QCAT Act, against a decision of QCAT relating to a chapter 8 reviewable decision about a person; and\nat the commencement—\nthe appeal has not been decided; and\nthe person is a new disqualified person.\nThe entity hearing the appeal must apply the amended Act in relation to the matter the subject of the appeal.\ns 534 ins 2013 No. 14 s 4\n(sec.534-ssec.1) This section applies if— before the commencement, the commissioner appealed, under the QCAT Act, against a decision of QCAT relating to a chapter 8 reviewable decision about a person; and at the commencement— the appeal has not been decided; and the person is a new disqualified person.\n(sec.534-ssec.2) The entity hearing the appeal must apply the amended Act in relation to the matter the subject of the appeal.\n- (a) before the commencement, the commissioner appealed, under the QCAT Act, against a decision of QCAT relating to a chapter 8 reviewable decision about a person; and\n- (b) at the commencement— (i) the appeal has not been decided; and (ii) the person is a new disqualified person.\n- (i) the appeal has not been decided; and\n- (ii) the person is a new disqualified person.\n- (i) the appeal has not been decided; and\n- (ii) the person is a new disqualified person.","sortOrder":825},{"sectionNumber":"sec.535","sectionType":"section","heading":"Appeal by commissioner against decision of QCAT on review of chapter 8 reviewable decision","content":"### sec.535 Appeal by commissioner against decision of QCAT on review of chapter 8 reviewable decision\n\nThis section applies if—\nbefore the commencement, the commissioner may appeal under the QCAT Act against a decision of QCAT relating to a chapter 8 reviewable decision about a person; and\nat the commencement—\nthe time within which the commissioner may appeal under the QCAT Act (the appeal period ) has not passed; and\nthe person is a new disqualified person.\nThe commissioner may appeal against the decision within the appeal period and the entity hearing the appeal must apply the amended Act in relation to the matter the subject of the appeal.\ns 535 ins 2013 No. 14 s 4\n(sec.535-ssec.1) This section applies if— before the commencement, the commissioner may appeal under the QCAT Act against a decision of QCAT relating to a chapter 8 reviewable decision about a person; and at the commencement— the time within which the commissioner may appeal under the QCAT Act (the appeal period ) has not passed; and the person is a new disqualified person.\n(sec.535-ssec.2) The commissioner may appeal against the decision within the appeal period and the entity hearing the appeal must apply the amended Act in relation to the matter the subject of the appeal.\n- (a) before the commencement, the commissioner may appeal under the QCAT Act against a decision of QCAT relating to a chapter 8 reviewable decision about a person; and\n- (b) at the commencement— (i) the time within which the commissioner may appeal under the QCAT Act (the appeal period ) has not passed; and (ii) the person is a new disqualified person.\n- (i) the time within which the commissioner may appeal under the QCAT Act (the appeal period ) has not passed; and\n- (ii) the person is a new disqualified person.\n- (i) the time within which the commissioner may appeal under the QCAT Act (the appeal period ) has not passed; and\n- (ii) the person is a new disqualified person.","sortOrder":826},{"sectionNumber":"sec.536","sectionType":"section","heading":"Existing reviews and appeals against chapter 8 reviewable decisions by persons other than new disqualified persons","content":"### sec.536 Existing reviews and appeals against chapter 8 reviewable decisions by persons other than new disqualified persons\n\nThis section applies if—\nbefore the commencement—\na person applied, under section 354, for a review of a chapter 8 reviewable decision; or\nthe commissioner or another person appealed, under the QCAT Act, against a decision of QCAT relating to a chapter 8 reviewable decision; and\nat the commencement—\nthe review or appeal has not been decided; and\nthe person about whom the chapter 8 reviewable decision was made is not a new disqualified person.\nThe entity hearing the review or appeal must apply the amended Act in relation to the matter the subject of the review or appeal.\nTo remove any doubt, it is declared that section 355 applies in relation to the application for the review.\ns 536 ins 2013 No. 14 s 4\n(sec.536-ssec.1) This section applies if— before the commencement— a person applied, under section 354, for a review of a chapter 8 reviewable decision; or the commissioner or another person appealed, under the QCAT Act, against a decision of QCAT relating to a chapter 8 reviewable decision; and at the commencement— the review or appeal has not been decided; and the person about whom the chapter 8 reviewable decision was made is not a new disqualified person.\n(sec.536-ssec.2) The entity hearing the review or appeal must apply the amended Act in relation to the matter the subject of the review or appeal.\n(sec.536-ssec.3) To remove any doubt, it is declared that section 355 applies in relation to the application for the review.\n- (a) before the commencement— (i) a person applied, under section 354, for a review of a chapter 8 reviewable decision; or (ii) the commissioner or another person appealed, under the QCAT Act, against a decision of QCAT relating to a chapter 8 reviewable decision; and\n- (i) a person applied, under section 354, for a review of a chapter 8 reviewable decision; or\n- (ii) the commissioner or another person appealed, under the QCAT Act, against a decision of QCAT relating to a chapter 8 reviewable decision; and\n- (b) at the commencement— (i) the review or appeal has not been decided; and (ii) the person about whom the chapter 8 reviewable decision was made is not a new disqualified person.\n- (i) the review or appeal has not been decided; and\n- (ii) the person about whom the chapter 8 reviewable decision was made is not a new disqualified person.\n- (i) a person applied, under section 354, for a review of a chapter 8 reviewable decision; or\n- (ii) the commissioner or another person appealed, under the QCAT Act, against a decision of QCAT relating to a chapter 8 reviewable decision; and\n- (i) the review or appeal has not been decided; and\n- (ii) the person about whom the chapter 8 reviewable decision was made is not a new disqualified person.","sortOrder":827},{"sectionNumber":"sec.537","sectionType":"section","heading":"Review of chapter 8 reviewable decision about person other than new disqualified person","content":"### sec.537 Review of chapter 8 reviewable decision about person other than new disqualified person\n\nThis section applies if—\nbefore the commencement—\nthe commissioner makes a chapter 8 reviewable decision about a person; and\nthe person has not applied for a review of the decision under section 354; and\nat the commencement—\nthe period within which the person could have applied for a review of the decision under section 354 (the review period ) has not passed; and\nthe person is not a new disqualified person.\nThe person may apply for a review of the decision under section 354 within the review period.\ns 537 ins 2013 No. 14 s 4\n(sec.537-ssec.1) This section applies if— before the commencement— the commissioner makes a chapter 8 reviewable decision about a person; and the person has not applied for a review of the decision under section 354; and at the commencement— the period within which the person could have applied for a review of the decision under section 354 (the review period ) has not passed; and the person is not a new disqualified person.\n(sec.537-ssec.2) The person may apply for a review of the decision under section 354 within the review period.\n- (a) before the commencement— (i) the commissioner makes a chapter 8 reviewable decision about a person; and (ii) the person has not applied for a review of the decision under section 354; and\n- (i) the commissioner makes a chapter 8 reviewable decision about a person; and\n- (ii) the person has not applied for a review of the decision under section 354; and\n- (b) at the commencement— (i) the period within which the person could have applied for a review of the decision under section 354 (the review period ) has not passed; and (ii) the person is not a new disqualified person.\n- (i) the period within which the person could have applied for a review of the decision under section 354 (the review period ) has not passed; and\n- (ii) the person is not a new disqualified person.\n- (i) the commissioner makes a chapter 8 reviewable decision about a person; and\n- (ii) the person has not applied for a review of the decision under section 354; and\n- (i) the period within which the person could have applied for a review of the decision under section 354 (the review period ) has not passed; and\n- (ii) the person is not a new disqualified person.","sortOrder":828},{"sectionNumber":"ch.11-pt.16-div.7","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":829},{"sectionNumber":"sec.538","sectionType":"section","heading":"Commissioner acting on own initiative","content":"### sec.538 Commissioner acting on own initiative\n\nThis section applies if—\nbefore the commencement the commissioner had started, on the commissioner’s own initiative, to exercise a power in relation to the following—\na person;\nan eligibility application;\na prescribed notice;\nan exemption notice; and\non the commencement the commissioner may exercise the power under the amended Act in relation to the person, application or notice.\nThe commissioner may exercise the power under the amended Act in relation to the person, application or notice.\ns 538 ins 2013 No. 14 s 4\n(sec.538-ssec.1) This section applies if— before the commencement the commissioner had started, on the commissioner’s own initiative, to exercise a power in relation to the following— a person; an eligibility application; a prescribed notice; an exemption notice; and on the commencement the commissioner may exercise the power under the amended Act in relation to the person, application or notice.\n(sec.538-ssec.2) The commissioner may exercise the power under the amended Act in relation to the person, application or notice.\n- (a) before the commencement the commissioner had started, on the commissioner’s own initiative, to exercise a power in relation to the following— (i) a person; (ii) an eligibility application; (iii) a prescribed notice; (iv) an exemption notice; and\n- (i) a person;\n- (ii) an eligibility application;\n- (iii) a prescribed notice;\n- (iv) an exemption notice; and\n- (b) on the commencement the commissioner may exercise the power under the amended Act in relation to the person, application or notice.\n- (i) a person;\n- (ii) an eligibility application;\n- (iii) a prescribed notice;\n- (iv) an exemption notice; and","sortOrder":830},{"sectionNumber":"sec.539","sectionType":"section","heading":"Disqualification orders for acts done or omissions made before commencement","content":"### sec.539 Disqualification orders for acts done or omissions made before commencement\n\nA court may make a disqualification order under section 357 in relation to a person convicted of an offence after the commencement arising out of an act done or omission made before the commencement.\ns 539 ins 2013 No. 14 s 4","sortOrder":831},{"sectionNumber":"sec.540","sectionType":"section","heading":"Effect of conviction or charge for new disqualifying offence or new serious offence","content":"### sec.540 Effect of conviction or charge for new disqualifying offence or new serious offence\n\nFor applying section 169(1)(a) or 170(a) in relation to a person convicted of a new disqualifying offence, it is immaterial when the offence was committed or when the person was convicted of the offence.\nSection 240 applies in relation to a person holding a current positive notice who is charged with a new disqualifying offence even if the charge, or the acts or omissions constituting the alleged offence, happened before the commencement.\nSection 298 applies in relation to a person holding a current positive exemption notice who is charged with a new disqualifying offence even if the charge, or the acts or omissions constituting the alleged offence, happened before the commencement.\nWithout limiting this division, in applying the amended Act on and from the commencement, it is immaterial—\nwhen a new disqualifying offence or new serious offence was committed; or\nwhen a person was convicted of a new disqualifying offence or new serious offence; or\nwhen a charge for a new disqualifying offence, or the acts or omissions constituting the alleged offence, happened.\nAn offence may have been committed, and the person convicted of the offence, before the commencement.\ns 540 ins 2013 No. 14 s 4\n(sec.540-ssec.1) For applying section 169(1)(a) or 170(a) in relation to a person convicted of a new disqualifying offence, it is immaterial when the offence was committed or when the person was convicted of the offence.\n(sec.540-ssec.2) Section 240 applies in relation to a person holding a current positive notice who is charged with a new disqualifying offence even if the charge, or the acts or omissions constituting the alleged offence, happened before the commencement.\n(sec.540-ssec.3) Section 298 applies in relation to a person holding a current positive exemption notice who is charged with a new disqualifying offence even if the charge, or the acts or omissions constituting the alleged offence, happened before the commencement.\n(sec.540-ssec.4) Without limiting this division, in applying the amended Act on and from the commencement, it is immaterial— when a new disqualifying offence or new serious offence was committed; or when a person was convicted of a new disqualifying offence or new serious offence; or when a charge for a new disqualifying offence, or the acts or omissions constituting the alleged offence, happened. An offence may have been committed, and the person convicted of the offence, before the commencement.\n- (a) when a new disqualifying offence or new serious offence was committed; or\n- (b) when a person was convicted of a new disqualifying offence or new serious offence; or\n- (c) when a charge for a new disqualifying offence, or the acts or omissions constituting the alleged offence, happened.","sortOrder":832},{"sectionNumber":"ch.11-pt.17","sectionType":"part","heading":"Transitional provisions for Child Protection Reform Amendment Act 2014","content":"# Transitional provisions for Child Protection Reform Amendment Act 2014","sortOrder":833},{"sectionNumber":"sec.541","sectionType":"section","heading":"Definitions for pt 17","content":"### sec.541 Definitions for pt 17\n\nIn this part—\ncommencement means the time of commencement of the provision in which the term appears.\ncurrent see section 542.\nformer , in relation to a provision of this Act, means as in force before the commencement.\nformer assistant commissioner means the assistant commissioner under this Act before the commencement.\nformer commission means the Commission for Children and Young People and Child Guardian under this Act before the commencement.\nformer commissioner means the Commissioner for Children and Young People and Child Guardian under this Act before the commencement.\ns 541 ins 2014 No. 28 s 90","sortOrder":834},{"sectionNumber":"sec.542","sectionType":"section","heading":"Meaning of current","content":"### sec.542 Meaning of current\n\nFor this part, a thing is current if, immediately before the commencement—\nfor an application—it had not been finally dealt with; or\nfor a notice or other document or a decision—it was in force or had effect; or\nfor a requirement or request—it had not been complied with.\ns 542 ins 2014 No. 28 s 90\n- (a) for an application—it had not been finally dealt with; or\n- (b) for a notice or other document or a decision—it was in force or had effect; or\n- (c) for a requirement or request—it had not been complied with.","sortOrder":835},{"sectionNumber":"sec.543","sectionType":"section","heading":"Office holders and entities under former provisions","content":"### sec.543 Office holders and entities under former provisions\n\nOn the commencement—\nthe former commission is abolished; and\na person holding office as the former commissioner or former assistant commissioner goes out of office; and\nthe Child Death Case Review Committee under former chapter 6 is abolished and its members go out of office; and\neach advisory committee under former chapter 7 is abolished.\nA legal proceeding that, immediately before the commencement, was being taken or may have been taken by or against a former entity may be continued or taken by or against the State.\nIf, immediately before the commencement, a former entity was a party to a current contract, then the State is taken to be a party to the contract in place of the former entity.\nA regulation may prescribe an entity to be the party acting for the State for a legal proceeding or contract to which subsection (2) or (3) applies.\nIn this section—\nformer entity means the former commission, former commissioner or former assistant commissioner.\ns 543 ins 2014 No. 28 s 90\n(sec.543-ssec.1) On the commencement— the former commission is abolished; and a person holding office as the former commissioner or former assistant commissioner goes out of office; and the Child Death Case Review Committee under former chapter 6 is abolished and its members go out of office; and each advisory committee under former chapter 7 is abolished.\n(sec.543-ssec.2) A legal proceeding that, immediately before the commencement, was being taken or may have been taken by or against a former entity may be continued or taken by or against the State.\n(sec.543-ssec.3) If, immediately before the commencement, a former entity was a party to a current contract, then the State is taken to be a party to the contract in place of the former entity.\n(sec.543-ssec.4) A regulation may prescribe an entity to be the party acting for the State for a legal proceeding or contract to which subsection (2) or (3) applies.\n(sec.543-ssec.5) In this section— former entity means the former commission, former commissioner or former assistant commissioner.\n- (a) the former commission is abolished; and\n- (b) a person holding office as the former commissioner or former assistant commissioner goes out of office; and\n- (c) the Child Death Case Review Committee under former chapter 6 is abolished and its members go out of office; and\n- (d) each advisory committee under former chapter 7 is abolished.","sortOrder":836},{"sectionNumber":"sec.544","sectionType":"section","heading":"Complaints under former ch 4","content":"### sec.544 Complaints under former ch 4\n\nThe Ombudsman Act 2001 , part 12, division 3 includes provision about particular complaints made to the former commissioner under former chapter 4.\ns 544 ins 2014 No. 28 s 90","sortOrder":837},{"sectionNumber":"sec.545","sectionType":"section","heading":"Child death case reviews under former ch 6","content":"### sec.545 Child death case reviews under former ch 6\n\nThe Child Protection Act 1999 , chapter 9, part 9 includes provision about particular child death case reviews under former chapter 6.\ns 545 ins 2014 No. 28 s 90","sortOrder":838},{"sectionNumber":"sec.546","sectionType":"section","heading":"Screening under ch 8 or 8A","content":"### sec.546 Screening under ch 8 or 8A\n\nUnless the context otherwise requires, anything done by or in relation to the former commissioner under former chapter 8 or 8A before the commencement is taken to have been done by or in relation to the chief executive.\nWithout limiting subsection (1)—\na current application made to the former commissioner under former chapter 8 or 8A is taken to have been made to the chief executive; and\na current decision of the former commissioner under former chapter 8 or 8A is taken to be a decision of the chief executive; and\na current notice or other document issued or given to a person by the former commissioner under former chapter 8 or 8A is taken to have been issued or given to the person by the chief executive; and\na current notice or other document given by a person to the former commissioner under former chapter 8 or 8A is taken to have been given by the person to the chief executive; and\na current requirement or request under former chapter 8 or 8A for a person to give information or a document or other thing to the former commissioner is taken to be a requirement or request to give the information, document or thing to the chief executive; and\na current requirement under former chapter 8 or 8A for the former commissioner to give a document or other thing to a person is taken to be a requirement for the chief executive to give the document or thing to the person.\ns 546 ins 2014 No. 28 s 90\n(sec.546-ssec.1) Unless the context otherwise requires, anything done by or in relation to the former commissioner under former chapter 8 or 8A before the commencement is taken to have been done by or in relation to the chief executive.\n(sec.546-ssec.2) Without limiting subsection (1)— a current application made to the former commissioner under former chapter 8 or 8A is taken to have been made to the chief executive; and a current decision of the former commissioner under former chapter 8 or 8A is taken to be a decision of the chief executive; and a current notice or other document issued or given to a person by the former commissioner under former chapter 8 or 8A is taken to have been issued or given to the person by the chief executive; and a current notice or other document given by a person to the former commissioner under former chapter 8 or 8A is taken to have been given by the person to the chief executive; and a current requirement or request under former chapter 8 or 8A for a person to give information or a document or other thing to the former commissioner is taken to be a requirement or request to give the information, document or thing to the chief executive; and a current requirement under former chapter 8 or 8A for the former commissioner to give a document or other thing to a person is taken to be a requirement for the chief executive to give the document or thing to the person.\n- (a) a current application made to the former commissioner under former chapter 8 or 8A is taken to have been made to the chief executive; and\n- (b) a current decision of the former commissioner under former chapter 8 or 8A is taken to be a decision of the chief executive; and\n- (c) a current notice or other document issued or given to a person by the former commissioner under former chapter 8 or 8A is taken to have been issued or given to the person by the chief executive; and\n- (d) a current notice or other document given by a person to the former commissioner under former chapter 8 or 8A is taken to have been given by the person to the chief executive; and\n- (e) a current requirement or request under former chapter 8 or 8A for a person to give information or a document or other thing to the former commissioner is taken to be a requirement or request to give the information, document or thing to the chief executive; and\n- (f) a current requirement under former chapter 8 or 8A for the former commissioner to give a document or other thing to a person is taken to be a requirement for the chief executive to give the document or thing to the person.","sortOrder":839},{"sectionNumber":"sec.547","sectionType":"section","heading":"Current proceedings relating to ch 8 or 8A","content":"### sec.547 Current proceedings relating to ch 8 or 8A\n\nThis section applies to a legal proceeding about anything done under chapter 8 or 8A that, immediately before the commencement, was being taken or may have been taken by or against the former commissioner.\nOn the commencement, the proceeding may be continued or taken by or against the chief executive.\ns 547 ins 2014 No. 28 s 90\n(sec.547-ssec.1) This section applies to a legal proceeding about anything done under chapter 8 or 8A that, immediately before the commencement, was being taken or may have been taken by or against the former commissioner.\n(sec.547-ssec.2) On the commencement, the proceeding may be continued or taken by or against the chief executive.","sortOrder":840},{"sectionNumber":"ch.11-pt.18","sectionType":"part","heading":"Transitional provision for Public Safety Business Agency and Other Legislation Amendment Act 2016","content":"# Transitional provision for Public Safety Business Agency and Other Legislation Amendment Act 2016","sortOrder":841},{"sectionNumber":"sec.548","sectionType":"section","heading":"Applications and notices","content":"### sec.548 Applications and notices\n\nAn application made to the PSBA chief executive officer before the commencement that is not decided or withdrawn before the commencement is taken to have been made to the chief executive.\nA notice issued by the PSBA chief executive officer before the commencement that is still in force on the commencement is taken to have been issued by the chief executive.\nIn this section—\nPSBA chief executive officer means the chief executive officer under the Public Safety Business Agency Act 2014 , as in force immediately before the commencement.\ns 548 prev s 548 ins 2014 No. 28 s 90\nexp 1 January 2015 (see s 548(4))\npres s 548 ins 2016 No. 43 s 57\n(sec.548-ssec.1) An application made to the PSBA chief executive officer before the commencement that is not decided or withdrawn before the commencement is taken to have been made to the chief executive.\n(sec.548-ssec.2) A notice issued by the PSBA chief executive officer before the commencement that is still in force on the commencement is taken to have been issued by the chief executive.\n(sec.548-ssec.3) In this section— PSBA chief executive officer means the chief executive officer under the Public Safety Business Agency Act 2014 , as in force immediately before the commencement.","sortOrder":842},{"sectionNumber":"ch.11-pt.19","sectionType":"part","heading":"Transitional provisions for Working with Children (Risk Management and Screening) and Other Legislation Amendment Act 2019","content":"# Transitional provisions for Working with Children (Risk Management and Screening) and Other Legislation Amendment Act 2019","sortOrder":843},{"sectionNumber":"ch.11-pt.19-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":844},{"sectionNumber":"sec.549","sectionType":"section","heading":"Definitions for part","content":"### sec.549 Definitions for part\n\nIn this part—\namended Act means this Act as in force after the commencement of the section in which the term is used.\namendment Act means the Working with Children (Risk Management and Screening) and Other Legislation Amendment Act 2019 .\ns 549 ins 2019 No. 18 s 66","sortOrder":845},{"sectionNumber":"ch.11-pt.19-div.2","sectionType":"division","heading":"Application of particular provisions before changes to employment screening","content":"## Application of particular provisions before changes to employment screening","sortOrder":846},{"sectionNumber":"sec.550","sectionType":"section","heading":"Particular references in ch 8A during transition period","content":"### sec.550 Particular references in ch 8A during transition period\n\nFrom the commencement of this section until the commencement of the amendment Act, section 28—\na reference in chapter 8A to a working with children check application is taken to—\nbe a reference to a prescribed notice application or an exemption notice application; and\ninclude a reference to an application mentioned in subparagraph (i) that was decided, withdrawn or taken to have been withdrawn before the commencement; and\na reference in chapter 8A to a working with children authority is taken to be a reference to a positive notice or a positive exemption notice.\ns 550 ins 2019 No. 18 s 66\n- (a) a reference in chapter 8A to a working with children check application is taken to— (i) be a reference to a prescribed notice application or an exemption notice application; and (ii) include a reference to an application mentioned in subparagraph (i) that was decided, withdrawn or taken to have been withdrawn before the commencement; and\n- (i) be a reference to a prescribed notice application or an exemption notice application; and\n- (ii) include a reference to an application mentioned in subparagraph (i) that was decided, withdrawn or taken to have been withdrawn before the commencement; and\n- (b) a reference in chapter 8A to a working with children authority is taken to be a reference to a positive notice or a positive exemption notice.\n- (i) be a reference to a prescribed notice application or an exemption notice application; and\n- (ii) include a reference to an application mentioned in subparagraph (i) that was decided, withdrawn or taken to have been withdrawn before the commencement; and","sortOrder":847},{"sectionNumber":"sec.551","sectionType":"section","heading":"Stay of operation of particular decisions of QCAT","content":"### sec.551 Stay of operation of particular decisions of QCAT\n\nSection 354A applies to a decision of QCAT mentioned in that section made after the commencement, even if the proceeding for the review started before the commencement.\nA reference in section 354A to a negative notice is taken to include a reference to a negative exemption notice.\ns 551 ins 2019 No. 18 s 66\n(sec.551-ssec.1) Section 354A applies to a decision of QCAT mentioned in that section made after the commencement, even if the proceeding for the review started before the commencement.\n(sec.551-ssec.2) A reference in section 354A to a negative notice is taken to include a reference to a negative exemption notice.","sortOrder":848},{"sectionNumber":"sec.552","sectionType":"section","heading":"New regulated employment","content":"### sec.552 New regulated employment\n\nThis section applies if, immediately before the commencement—\na person was employed in employment, or was continuing in employment, mentioned in schedule 1, section 4(2); and\nthe employee does not have a current positive notice or positive exemption notice.\nSections 188 and 251 do not apply in relation to the person until—\n3 months after the commencement; or\nif a prescribed notice application or exemption notice application is made about the person within the period mentioned in paragraph (a)—the application is decided or withdrawn.\ns 552 ins 2019 No. 18 s 66\n(sec.552-ssec.1) This section applies if, immediately before the commencement— a person was employed in employment, or was continuing in employment, mentioned in schedule 1, section 4(2); and the employee does not have a current positive notice or positive exemption notice.\n(sec.552-ssec.2) Sections 188 and 251 do not apply in relation to the person until— 3 months after the commencement; or if a prescribed notice application or exemption notice application is made about the person within the period mentioned in paragraph (a)—the application is decided or withdrawn.\n- (a) a person was employed in employment, or was continuing in employment, mentioned in schedule 1, section 4(2); and\n- (b) the employee does not have a current positive notice or positive exemption notice.\n- (a) 3 months after the commencement; or\n- (b) if a prescribed notice application or exemption notice application is made about the person within the period mentioned in paragraph (a)—the application is decided or withdrawn.","sortOrder":849},{"sectionNumber":"sec.552A","sectionType":"section","heading":"Effect of pre-commencement charge for serious offence","content":"### sec.552A Effect of pre-commencement charge for serious offence\n\nFor applying this Act in relation to a person the subject of a charge for a serious offence that has not been dealt with on the commencement, the person is taken to have been charged with the offence on the commencement.\ns 552A ins 2019 No. 18 s 66","sortOrder":850},{"sectionNumber":"sec.552B","sectionType":"section","heading":"Applicant in paid employment convicted of serious offence","content":"### sec.552B Applicant in paid employment convicted of serious offence\n\nThis section applies if—\nbefore the commencement of the amendment Act, section 28, a prescribed notice application was made about a person under section 199; and\nthe application relates to the person’s employment, or proposed employment, in regulated employment other than as a volunteer; and\nthe application has not been decided or withdrawn; and\nthe chief executive becomes aware that the person was convicted of a serious offence—\nif the person held a positive notice when the application was made—after the application was made; or\nif the person held a positive notice that expired before the application was made—after the person’s notice expired; or\notherwise—before or after the application was made.\nThe chief executive must give the person a written notice that states—\nthe person is not allowed to perform work that is regulated employment before the person’s application is decided; and\nit is an offence for the person to perform work that is regulated employment, or to start in regulated employment, unless the person is issued a positive notice.\nIf the chief executive gives the person a notice under subsection (2), the person must not, unless the person is issued a positive notice—\nif the employee is employed in regulated employment when given the notice under subsection (2)—perform work that is regulated employment; or\notherwise—start in regulated employment.\nMaximum penalty—500 penalty units or 5 years imprisonment.\nIf the chief executive gives the person a notice under subsection (2), the chief executive must also give each notifiable person for the person a written notice that states—\nthe person is not allowed to perform work that is regulated employment before the person’s application is decided; and\nit is an offence for an employer to allow the person to start or continue to perform work that is regulated employment unless the person is issued a positive notice.\nIf the chief executive gives a person (an employer ) a notice about another person (the employee ) under subsection (4), the employer must not allow the employee to start or continue to perform work that is regulated employment unless the employee is issued a positive notice.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nAn employer may not dismiss the employee solely or mainly because the employer is given a notice under subsection (4).\nSection 356 applies in relation to the employer as if a reference in that section to this chapter includes a reference to this section.\nThis section applies despite chapter 8, part 4, division 4.\ns 552B ins 2019 No. 18 s 66\n(sec.552B-ssec.1) This section applies if— before the commencement of the amendment Act, section 28, a prescribed notice application was made about a person under section 199; and the application relates to the person’s employment, or proposed employment, in regulated employment other than as a volunteer; and the application has not been decided or withdrawn; and the chief executive becomes aware that the person was convicted of a serious offence— if the person held a positive notice when the application was made—after the application was made; or if the person held a positive notice that expired before the application was made—after the person’s notice expired; or otherwise—before or after the application was made.\n(sec.552B-ssec.2) The chief executive must give the person a written notice that states— the person is not allowed to perform work that is regulated employment before the person’s application is decided; and it is an offence for the person to perform work that is regulated employment, or to start in regulated employment, unless the person is issued a positive notice.\n(sec.552B-ssec.3) If the chief executive gives the person a notice under subsection (2), the person must not, unless the person is issued a positive notice— if the employee is employed in regulated employment when given the notice under subsection (2)—perform work that is regulated employment; or otherwise—start in regulated employment. Maximum penalty—500 penalty units or 5 years imprisonment.\n(sec.552B-ssec.4) If the chief executive gives the person a notice under subsection (2), the chief executive must also give each notifiable person for the person a written notice that states— the person is not allowed to perform work that is regulated employment before the person’s application is decided; and it is an offence for an employer to allow the person to start or continue to perform work that is regulated employment unless the person is issued a positive notice.\n(sec.552B-ssec.5) If the chief executive gives a person (an employer ) a notice about another person (the employee ) under subsection (4), the employer must not allow the employee to start or continue to perform work that is regulated employment unless the employee is issued a positive notice. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.552B-ssec.6) An employer may not dismiss the employee solely or mainly because the employer is given a notice under subsection (4).\n(sec.552B-ssec.7) Section 356 applies in relation to the employer as if a reference in that section to this chapter includes a reference to this section.\n(sec.552B-ssec.8) This section applies despite chapter 8, part 4, division 4.\n- (a) before the commencement of the amendment Act, section 28, a prescribed notice application was made about a person under section 199; and\n- (b) the application relates to the person’s employment, or proposed employment, in regulated employment other than as a volunteer; and\n- (c) the application has not been decided or withdrawn; and\n- (d) the chief executive becomes aware that the person was convicted of a serious offence— (i) if the person held a positive notice when the application was made—after the application was made; or (ii) if the person held a positive notice that expired before the application was made—after the person’s notice expired; or (iii) otherwise—before or after the application was made.\n- (i) if the person held a positive notice when the application was made—after the application was made; or\n- (ii) if the person held a positive notice that expired before the application was made—after the person’s notice expired; or\n- (iii) otherwise—before or after the application was made.\n- (i) if the person held a positive notice when the application was made—after the application was made; or\n- (ii) if the person held a positive notice that expired before the application was made—after the person’s notice expired; or\n- (iii) otherwise—before or after the application was made.\n- (a) the person is not allowed to perform work that is regulated employment before the person’s application is decided; and\n- (b) it is an offence for the person to perform work that is regulated employment, or to start in regulated employment, unless the person is issued a positive notice.\n- (a) if the employee is employed in regulated employment when given the notice under subsection (2)—perform work that is regulated employment; or\n- (b) otherwise—start in regulated employment.\n- (a) the person is not allowed to perform work that is regulated employment before the person’s application is decided; and\n- (b) it is an offence for an employer to allow the person to start or continue to perform work that is regulated employment unless the person is issued a positive notice.","sortOrder":851},{"sectionNumber":"ch.11-pt.19-div.3","sectionType":"division","heading":"New serious offences and disqualifying offences","content":"## New serious offences and disqualifying offences","sortOrder":852},{"sectionNumber":"sec.553","sectionType":"section","heading":"Definitions for division","content":"### sec.553 Definitions for division\n\nIn this division—\nnew disqualified person means a person who is a disqualified person only because—\nthe person has a conviction for a new disqualifying offence; or\nthe person is the respondent to an application for an offender prohibition order under the Offender Reporting Act.\nnew disqualifying offence means an offence that—\nis a disqualifying offence; but\nwas not a disqualifying offence immediately before the commencement.\nnew relevant disqualified person means a person who is a relevant disqualified person only because—\nthe person has a conviction for a new disqualifying offence for which an imprisonment order was imposed; or\nthe person is the respondent to an application for an offender prohibition order under the Offender Reporting Act.\nnew serious offence means an offence that—\nis a serious offence; but\nwas not a serious offence immediately before the commencement.\ns 553 ins 2019 No. 18 s 66\n- (a) the person has a conviction for a new disqualifying offence; or\n- (b) the person is the respondent to an application for an offender prohibition order under the Offender Reporting Act.\n- (a) is a disqualifying offence; but\n- (b) was not a disqualifying offence immediately before the commencement.\n- (a) the person has a conviction for a new disqualifying offence for which an imprisonment order was imposed; or\n- (b) the person is the respondent to an application for an offender prohibition order under the Offender Reporting Act.\n- (a) is a serious offence; but\n- (b) was not a serious offence immediately before the commencement.","sortOrder":853},{"sectionNumber":"sec.553A","sectionType":"section","heading":"Effect of conviction or charge for new serious offence","content":"### sec.553A Effect of conviction or charge for new serious offence\n\nFor applying this Act in relation to a person convicted of a new serious offence, it is immaterial as to when the offence was committed or when the person was convicted of the offence.\nThis Act applies in relation to a person who is charged with a new serious offence even if the charge, or the acts or omissions constituting the alleged offence, happened before the commencement.\nFor applying this Act to a current positive notice or current positive exemption notice held by a person immediately before the commencement—\na person convicted of a new serious offence before the commencement is taken to have been convicted of the offence on the commencement; and\na person the subject of a charge for a new serious offence that has not been dealt with on the commencement is taken to have been charged with the offence on the commencement.\ns 553A ins 2019 No. 18 s 66\n(sec.553A-ssec.1) For applying this Act in relation to a person convicted of a new serious offence, it is immaterial as to when the offence was committed or when the person was convicted of the offence.\n(sec.553A-ssec.2) This Act applies in relation to a person who is charged with a new serious offence even if the charge, or the acts or omissions constituting the alleged offence, happened before the commencement.\n(sec.553A-ssec.3) For applying this Act to a current positive notice or current positive exemption notice held by a person immediately before the commencement— a person convicted of a new serious offence before the commencement is taken to have been convicted of the offence on the commencement; and a person the subject of a charge for a new serious offence that has not been dealt with on the commencement is taken to have been charged with the offence on the commencement.\n- (a) a person convicted of a new serious offence before the commencement is taken to have been convicted of the offence on the commencement; and\n- (b) a person the subject of a charge for a new serious offence that has not been dealt with on the commencement is taken to have been charged with the offence on the commencement.","sortOrder":854},{"sectionNumber":"sec.554","sectionType":"section","heading":"Effect of conviction or charge for new disqualifying offence","content":"### sec.554 Effect of conviction or charge for new disqualifying offence\n\nFor applying section 169(1)(a) or 170(a) in relation to a person convicted of a new disqualifying offence, it is immaterial as to when the offence was committed or when the person was convicted of the offence.\nThis Act applies in relation to a person who is charged with a new disqualifying offence even if the charge, or the acts or omissions constituting the alleged offence, happened before the commencement.\nFor applying this Act to a current positive notice or current positive exemption notice held by a person immediately before the commencement, a person the subject of a charge for a new disqualifying offence that has not been dealt with on the commencement is taken to have been charged with the offence on the commencement.\ns 554 ins 2019 No. 18 s 66\n(sec.554-ssec.1) For applying section 169(1)(a) or 170(a) in relation to a person convicted of a new disqualifying offence, it is immaterial as to when the offence was committed or when the person was convicted of the offence.\n(sec.554-ssec.2) This Act applies in relation to a person who is charged with a new disqualifying offence even if the charge, or the acts or omissions constituting the alleged offence, happened before the commencement.\n(sec.554-ssec.3) For applying this Act to a current positive notice or current positive exemption notice held by a person immediately before the commencement, a person the subject of a charge for a new disqualifying offence that has not been dealt with on the commencement is taken to have been charged with the offence on the commencement.","sortOrder":855},{"sectionNumber":"sec.554A","sectionType":"section","heading":"Effect of conviction for new disqualifying offence on existing positive notice or positive exemption notice","content":"### sec.554A Effect of conviction for new disqualifying offence on existing positive notice or positive exemption notice\n\nThis section applies if—\na person held a current positive notice or current positive exemption notice immediately before the commencement; and\nthe person was convicted of a new disqualifying offence before the commencement.\nFor applying this Act to the person’s positive notice or positive exemption notice, the offence is taken to be, or to continue to be, a serious offence despite the enactment of the amending Act.\nWithout limiting subsection (2), if the person applies for another positive notice or positive exemption notice after the commencement, or section 557 or 558 applies in relation to the person—\nthe person’s conviction for the offence is taken to be, or to continue to be, a conviction for a serious offence; and\nthe person is taken not to be a disqualified person or relevant disqualified person in relation to the person’s conviction for the offence.\ns 554A ins 2019 No. 18 s 66\n(sec.554A-ssec.1) This section applies if— a person held a current positive notice or current positive exemption notice immediately before the commencement; and the person was convicted of a new disqualifying offence before the commencement.\n(sec.554A-ssec.2) For applying this Act to the person’s positive notice or positive exemption notice, the offence is taken to be, or to continue to be, a serious offence despite the enactment of the amending Act.\n(sec.554A-ssec.3) Without limiting subsection (2), if the person applies for another positive notice or positive exemption notice after the commencement, or section 557 or 558 applies in relation to the person— the person’s conviction for the offence is taken to be, or to continue to be, a conviction for a serious offence; and the person is taken not to be a disqualified person or relevant disqualified person in relation to the person’s conviction for the offence.\n- (a) a person held a current positive notice or current positive exemption notice immediately before the commencement; and\n- (b) the person was convicted of a new disqualifying offence before the commencement.\n- (a) the person’s conviction for the offence is taken to be, or to continue to be, a conviction for a serious offence; and\n- (b) the person is taken not to be a disqualified person or relevant disqualified person in relation to the person’s conviction for the offence.","sortOrder":856},{"sectionNumber":"sec.555","sectionType":"section","heading":"Existing eligibility application","content":"### sec.555 Existing eligibility application\n\nThis section applies if, immediately before the commencement—\nan eligibility application had not been decided or withdrawn; or\nan application mentioned in section 186(2) had not been decided.\nThe application must be decided under the amended Act.\ns 555 ins 2019 No. 18 s 66\n(sec.555-ssec.1) This section applies if, immediately before the commencement— an eligibility application had not been decided or withdrawn; or an application mentioned in section 186(2) had not been decided.\n(sec.555-ssec.2) The application must be decided under the amended Act.\n- (a) an eligibility application had not been decided or withdrawn; or\n- (b) an application mentioned in section 186(2) had not been decided.","sortOrder":857},{"sectionNumber":"sec.556","sectionType":"section","heading":"Expiry of eligibility declaration for new disqualifying offence","content":"### sec.556 Expiry of eligibility declaration for new disqualifying offence\n\nAn eligibility declaration in force for a person immediately before the commencement ends if, on the commencement—\nthe person is a new disqualified person, whether or not the person is also a new relevant disqualified person; or\nthe person is the subject of a charge for a new disqualifying offence that has not been dealt with.\ns 556 ins 2019 No. 18 s 66\n- (a) the person is a new disqualified person, whether or not the person is also a new relevant disqualified person; or\n- (b) the person is the subject of a charge for a new disqualifying offence that has not been dealt with.","sortOrder":858},{"sectionNumber":"sec.557","sectionType":"section","heading":"Existing prescribed notice applications and exemption notice applications","content":"### sec.557 Existing prescribed notice applications and exemption notice applications\n\nThis section applies if—\nimmediately before the commencement, a prescribed notice application or an exemption notice application made about a person had not been decided or withdrawn; and\non the commencement, either—\nthe person is a new disqualified person, whether or not the person is also a new relevant disqualified person; or\nthe person is the subject of a charge for a new disqualifying offence that has not been dealt with.\nThe person’s application is taken to be withdrawn.\nThe chief executive must give a written notice about the withdrawal to—\nthe person; and\neach notifiable person for the person; and\nif the person is the director of a school’s governing body—the accreditation board.\ns 557 ins 2019 No. 18 s 66\n(sec.557-ssec.1) This section applies if— immediately before the commencement, a prescribed notice application or an exemption notice application made about a person had not been decided or withdrawn; and on the commencement, either— the person is a new disqualified person, whether or not the person is also a new relevant disqualified person; or the person is the subject of a charge for a new disqualifying offence that has not been dealt with.\n(sec.557-ssec.2) The person’s application is taken to be withdrawn.\n(sec.557-ssec.3) The chief executive must give a written notice about the withdrawal to— the person; and each notifiable person for the person; and if the person is the director of a school’s governing body—the accreditation board.\n- (a) immediately before the commencement, a prescribed notice application or an exemption notice application made about a person had not been decided or withdrawn; and\n- (b) on the commencement, either— (i) the person is a new disqualified person, whether or not the person is also a new relevant disqualified person; or (ii) the person is the subject of a charge for a new disqualifying offence that has not been dealt with.\n- (i) the person is a new disqualified person, whether or not the person is also a new relevant disqualified person; or\n- (ii) the person is the subject of a charge for a new disqualifying offence that has not been dealt with.\n- (i) the person is a new disqualified person, whether or not the person is also a new relevant disqualified person; or\n- (ii) the person is the subject of a charge for a new disqualifying offence that has not been dealt with.\n- (a) the person; and\n- (b) each notifiable person for the person; and\n- (c) if the person is the director of a school’s governing body—the accreditation board.","sortOrder":859},{"sectionNumber":"sec.558","sectionType":"section","heading":"Existing positive notice or positive exemption notice held by person convicted of new serious offence or new disqualifying offence","content":"### sec.558 Existing positive notice or positive exemption notice held by person convicted of new serious offence or new disqualifying offence\n\nThis section applies if—\nimmediately before the commencement, a person held a current positive notice or current positive exemption notice; and\nbefore the commencement, the person was convicted of—\na new serious offence; or\na new disqualifying offence that is taken to be a serious offence under section 554A(2).\nSection 322 does not apply to the person in relation to the person’s conviction for the offence.\nThe chief executive must—\nconsider whether it is appropriate to cancel the person’s positive notice or positive exemption notice under this section because of the person’s conviction for the offence; and\ngive the person, and each notifiable person for the person, a notice stating that, because of the enactment of the amending Act, the chief executive is considering under this section whether the person should continue to hold the person’s positive notice or positive exemption notice.\nThe chief executive may cancel the person’s positive notice and substitute a negative notice if the chief executive is satisfied that, if the chief executive were to decide a new prescribed notice application about the person under the amended Act, the chief executive would issue a negative notice to the person.\nSection 237(2) to (6) applies to a decision under subsection (2).\nThe chief executive may cancel the person’s positive exemption notice and substitute a negative exemption notice if the chief executive is satisfied that, if the chief executive were to decide a new exemption notice application about the person under the amended Act, the chief executive would issue a negative exemption notice to the person.\nSection 295(2) to (6) applies to a decision under subsection (4).\nIf the chief executive decides not to cancel the person’s positive notice or positive exemption notice under this section, the chief executive must give the person, and each notifiable person for the person, a notice stating that the chief executive is satisfied, having considered the enactment of the amending Act, the person should continue to hold the person’s positive notice or positive exemption notice.\ns 558 ins 2019 No. 18 s 66\n(sec.558-ssec.1) This section applies if— immediately before the commencement, a person held a current positive notice or current positive exemption notice; and before the commencement, the person was convicted of— a new serious offence; or a new disqualifying offence that is taken to be a serious offence under section 554A(2).\n(sec.558-ssec.1A) Section 322 does not apply to the person in relation to the person’s conviction for the offence.\n(sec.558-ssec.1B) The chief executive must— consider whether it is appropriate to cancel the person’s positive notice or positive exemption notice under this section because of the person’s conviction for the offence; and give the person, and each notifiable person for the person, a notice stating that, because of the enactment of the amending Act, the chief executive is considering under this section whether the person should continue to hold the person’s positive notice or positive exemption notice.\n(sec.558-ssec.2) The chief executive may cancel the person’s positive notice and substitute a negative notice if the chief executive is satisfied that, if the chief executive were to decide a new prescribed notice application about the person under the amended Act, the chief executive would issue a negative notice to the person.\n(sec.558-ssec.3) Section 237(2) to (6) applies to a decision under subsection (2).\n(sec.558-ssec.4) The chief executive may cancel the person’s positive exemption notice and substitute a negative exemption notice if the chief executive is satisfied that, if the chief executive were to decide a new exemption notice application about the person under the amended Act, the chief executive would issue a negative exemption notice to the person.\n(sec.558-ssec.5) Section 295(2) to (6) applies to a decision under subsection (4).\n(sec.558-ssec.6) If the chief executive decides not to cancel the person’s positive notice or positive exemption notice under this section, the chief executive must give the person, and each notifiable person for the person, a notice stating that the chief executive is satisfied, having considered the enactment of the amending Act, the person should continue to hold the person’s positive notice or positive exemption notice.\n- (a) immediately before the commencement, a person held a current positive notice or current positive exemption notice; and\n- (b) before the commencement, the person was convicted of— (i) a new serious offence; or (ii) a new disqualifying offence that is taken to be a serious offence under section 554A(2).\n- (i) a new serious offence; or\n- (ii) a new disqualifying offence that is taken to be a serious offence under section 554A(2).\n- (i) a new serious offence; or\n- (ii) a new disqualifying offence that is taken to be a serious offence under section 554A(2).\n- (a) consider whether it is appropriate to cancel the person’s positive notice or positive exemption notice under this section because of the person’s conviction for the offence; and\n- (b) give the person, and each notifiable person for the person, a notice stating that, because of the enactment of the amending Act, the chief executive is considering under this section whether the person should continue to hold the person’s positive notice or positive exemption notice.","sortOrder":860},{"sectionNumber":"sec.559","sectionType":"section","heading":"Existing application to cancel negative notice or negative exemption notice","content":"### sec.559 Existing application to cancel negative notice or negative exemption notice\n\nThis section applies if, immediately before the commencement—\nan application under section 236 to cancel a person’s negative notice had not been decided or withdrawn; or\nan application under section 294 to cancel a person’s negative exemption notice had not been decided or withdrawn.\nIf the person is a new relevant disqualified person—\nthe application is taken to be withdrawn; and\nthe chief executive must give a written notice about the withdrawal to the person.\nIf the person is not a new relevant disqualified person, the amended Act applies for deciding the application.\ns 559 ins 2019 No. 18 s 66\n(sec.559-ssec.1) This section applies if, immediately before the commencement— an application under section 236 to cancel a person’s negative notice had not been decided or withdrawn; or an application under section 294 to cancel a person’s negative exemption notice had not been decided or withdrawn.\n(sec.559-ssec.2) If the person is a new relevant disqualified person— the application is taken to be withdrawn; and the chief executive must give a written notice about the withdrawal to the person.\n(sec.559-ssec.3) If the person is not a new relevant disqualified person, the amended Act applies for deciding the application.\n- (a) an application under section 236 to cancel a person’s negative notice had not been decided or withdrawn; or\n- (b) an application under section 294 to cancel a person’s negative exemption notice had not been decided or withdrawn.\n- (a) the application is taken to be withdrawn; and\n- (b) the chief executive must give a written notice about the withdrawal to the person.","sortOrder":861},{"sectionNumber":"sec.560","sectionType":"section","heading":"Existing application to cancel suspended positive notice or positive exemption notice","content":"### sec.560 Existing application to cancel suspended positive notice or positive exemption notice\n\nThis section applies if, immediately before the commencement—\nan application under section 241 or 243 to cancel a person’s suspended positive notice had not been decided or withdrawn; or\nan application under section 299 to cancel a person’s suspended positive exemption notice had not been decided or withdrawn.\nThe amended Act applies for deciding the application.\ns 560 ins 2019 No. 18 s 66\n(sec.560-ssec.1) This section applies if, immediately before the commencement— an application under section 241 or 243 to cancel a person’s suspended positive notice had not been decided or withdrawn; or an application under section 299 to cancel a person’s suspended positive exemption notice had not been decided or withdrawn.\n(sec.560-ssec.2) The amended Act applies for deciding the application.\n- (a) an application under section 241 or 243 to cancel a person’s suspended positive notice had not been decided or withdrawn; or\n- (b) an application under section 299 to cancel a person’s suspended positive exemption notice had not been decided or withdrawn.","sortOrder":862},{"sectionNumber":"sec.561","sectionType":"section","heading":"Undecided reviews and appeals by new disqualified persons","content":"### sec.561 Undecided reviews and appeals by new disqualified persons\n\nThis section applies if—\na person is a new disqualified person; and\nimmediately before the commencement—\nan application, made by the person under section 354, for a review of a chapter 8 reviewable decision had not been decided or withdrawn; or\nan appeal, started by the person under the QCAT Act, against a decision of QCAT relating to a chapter 8 reviewable decision had not been decided or withdrawn.\nThe application or appeal, and any proceeding in relation to the application or appeal, must be dismissed.\nSubsection (2) applies to a proceeding before QCAT even if the dismissal would be contrary to a direction of the Court of Appeal.\ns 561 ins 2019 No. 18 s 66\n(sec.561-ssec.1) This section applies if— a person is a new disqualified person; and immediately before the commencement— an application, made by the person under section 354, for a review of a chapter 8 reviewable decision had not been decided or withdrawn; or an appeal, started by the person under the QCAT Act, against a decision of QCAT relating to a chapter 8 reviewable decision had not been decided or withdrawn.\n(sec.561-ssec.2) The application or appeal, and any proceeding in relation to the application or appeal, must be dismissed.\n(sec.561-ssec.3) Subsection (2) applies to a proceeding before QCAT even if the dismissal would be contrary to a direction of the Court of Appeal.\n- (a) a person is a new disqualified person; and\n- (b) immediately before the commencement— (i) an application, made by the person under section 354, for a review of a chapter 8 reviewable decision had not been decided or withdrawn; or (ii) an appeal, started by the person under the QCAT Act, against a decision of QCAT relating to a chapter 8 reviewable decision had not been decided or withdrawn.\n- (i) an application, made by the person under section 354, for a review of a chapter 8 reviewable decision had not been decided or withdrawn; or\n- (ii) an appeal, started by the person under the QCAT Act, against a decision of QCAT relating to a chapter 8 reviewable decision had not been decided or withdrawn.\n- (i) an application, made by the person under section 354, for a review of a chapter 8 reviewable decision had not been decided or withdrawn; or\n- (ii) an appeal, started by the person under the QCAT Act, against a decision of QCAT relating to a chapter 8 reviewable decision had not been decided or withdrawn.","sortOrder":863},{"sectionNumber":"sec.562","sectionType":"section","heading":"Review of chapter 8 reviewable decision about new disqualified person","content":"### sec.562 Review of chapter 8 reviewable decision about new disqualified person\n\nThis section applies if—\na person is a new disqualified person; and\nbefore the commencement—\nthe chief executive made a chapter 8 reviewable decision about the person; and\nthe person had not applied for a review of the decision under section 354.\nThe amended Act applies for the chapter 8 reviewable decision.\nA disqualified person may not apply for a review of a chapter 8 reviewable decision. See section 354(1).\ns 562 ins 2019 No. 18 s 66\n(sec.562-ssec.1) This section applies if— a person is a new disqualified person; and before the commencement— the chief executive made a chapter 8 reviewable decision about the person; and the person had not applied for a review of the decision under section 354.\n(sec.562-ssec.2) The amended Act applies for the chapter 8 reviewable decision. A disqualified person may not apply for a review of a chapter 8 reviewable decision. See section 354(1).\n- (a) a person is a new disqualified person; and\n- (b) before the commencement— (i) the chief executive made a chapter 8 reviewable decision about the person; and (ii) the person had not applied for a review of the decision under section 354.\n- (i) the chief executive made a chapter 8 reviewable decision about the person; and\n- (ii) the person had not applied for a review of the decision under section 354.\n- (i) the chief executive made a chapter 8 reviewable decision about the person; and\n- (ii) the person had not applied for a review of the decision under section 354.","sortOrder":864},{"sectionNumber":"sec.563","sectionType":"section","heading":"Appeal by new disqualified person against QCAT decision","content":"### sec.563 Appeal by new disqualified person against QCAT decision\n\nThis section applies if—\na person is a new disqualified person; and\nbefore the commencement, the person had a right to appeal, under the QCAT Act, against a decision of QCAT relating to a chapter 8 reviewable decision about the person; and\non the commencement, the time for starting an appeal had not ended.\nAny appeal started by the person against the decision must be dismissed.\nIf a proceeding in relation to the appeal is before QCAT, subsection (2) applies even if the dismissal would be contrary to a direction of the Court of Appeal.\ns 563 ins 2019 No. 18 s 66\n(sec.563-ssec.1) This section applies if— a person is a new disqualified person; and before the commencement, the person had a right to appeal, under the QCAT Act, against a decision of QCAT relating to a chapter 8 reviewable decision about the person; and on the commencement, the time for starting an appeal had not ended.\n(sec.563-ssec.2) Any appeal started by the person against the decision must be dismissed.\n(sec.563-ssec.3) If a proceeding in relation to the appeal is before QCAT, subsection (2) applies even if the dismissal would be contrary to a direction of the Court of Appeal.\n- (a) a person is a new disqualified person; and\n- (b) before the commencement, the person had a right to appeal, under the QCAT Act, against a decision of QCAT relating to a chapter 8 reviewable decision about the person; and\n- (c) on the commencement, the time for starting an appeal had not ended.","sortOrder":865},{"sectionNumber":"sec.564","sectionType":"section","heading":"Existing appeal by chief executive against QCAT decision","content":"### sec.564 Existing appeal by chief executive against QCAT decision\n\nThis section applies if—\na person is a new disqualified person; and\nimmediately before the commencement, an appeal against a decision of QCAT relating to a chapter 8 reviewable decision about the person started by the chief executive under the QCAT Act had not been decided or withdrawn.\nThe court or tribunal hearing the appeal must apply the amended Act in relation to the subject matter of the appeal.\nIn deciding the appeal, the court or tribunal must consider that, if the person was a disqualified person when the chief executive made the chapter 8 reviewable decision, the person would not have been permitted to apply for a review of the chapter 8 reviewable decision.\ns 564 ins 2019 No. 18 s 66\n(sec.564-ssec.1) This section applies if— a person is a new disqualified person; and immediately before the commencement, an appeal against a decision of QCAT relating to a chapter 8 reviewable decision about the person started by the chief executive under the QCAT Act had not been decided or withdrawn.\n(sec.564-ssec.2) The court or tribunal hearing the appeal must apply the amended Act in relation to the subject matter of the appeal.\n(sec.564-ssec.3) In deciding the appeal, the court or tribunal must consider that, if the person was a disqualified person when the chief executive made the chapter 8 reviewable decision, the person would not have been permitted to apply for a review of the chapter 8 reviewable decision.\n- (a) a person is a new disqualified person; and\n- (b) immediately before the commencement, an appeal against a decision of QCAT relating to a chapter 8 reviewable decision about the person started by the chief executive under the QCAT Act had not been decided or withdrawn.","sortOrder":866},{"sectionNumber":"sec.565","sectionType":"section","heading":"Existing right of appeal by chief executive against QCAT decision","content":"### sec.565 Existing right of appeal by chief executive against QCAT decision\n\nThis section applies if—\na person is a new disqualified person; and\nbefore the commencement, the chief executive had a right to appeal, under the QCAT Act, against a decision of QCAT relating to a chapter 8 reviewable decision about the person; and\non the commencement, the time for starting the appeal had not ended.\nThe chief executive may start an appeal under the amended Act even though the person is a disqualified person.\nThe court or tribunal hearing an appeal started under subsection (2) must apply the amended Act in relation to the subject matter of the appeal.\nIn deciding the appeal, the court or tribunal must consider that, if the person was a disqualified person when the chief executive made the chapter 8 reviewable decision, the person would not have been permitted to apply for a review of the chapter 8 reviewable decision.\ns 565 ins 2019 No. 18 s 66\n(sec.565-ssec.1) This section applies if— a person is a new disqualified person; and before the commencement, the chief executive had a right to appeal, under the QCAT Act, against a decision of QCAT relating to a chapter 8 reviewable decision about the person; and on the commencement, the time for starting the appeal had not ended.\n(sec.565-ssec.2) The chief executive may start an appeal under the amended Act even though the person is a disqualified person.\n(sec.565-ssec.3) The court or tribunal hearing an appeal started under subsection (2) must apply the amended Act in relation to the subject matter of the appeal.\n(sec.565-ssec.4) In deciding the appeal, the court or tribunal must consider that, if the person was a disqualified person when the chief executive made the chapter 8 reviewable decision, the person would not have been permitted to apply for a review of the chapter 8 reviewable decision.\n- (a) a person is a new disqualified person; and\n- (b) before the commencement, the chief executive had a right to appeal, under the QCAT Act, against a decision of QCAT relating to a chapter 8 reviewable decision about the person; and\n- (c) on the commencement, the time for starting the appeal had not ended.","sortOrder":867},{"sectionNumber":"ch.11-pt.19-div.4","sectionType":"division","heading":"Changes to employment screening","content":"## Changes to employment screening","sortOrder":868},{"sectionNumber":"sec.566","sectionType":"section","heading":"Definitions for division","content":"### sec.566 Definitions for division\n\nIn this division—\namended , for a provision of this Act, means as in force after the commencement of the section in which the provision is mentioned.\ncurrent —\nfor a prescribed notice—means current under previous section 231; or\nfor an exemption notice—means current under previous section 289.\nexemption card , for a person’s positive exemption notice, means a card issued to the person by the chief executive as evidence of the person’s positive exemption notice.\nexemption notice see previous schedule 7, definition exemption notice .\nexemption notice application see previous schedule 7, definition exemption notice application .\nnegative exemption notice see previous schedule 7, definition negative exemption notice .\nnegative prescribed notice means a negative notice issued under previous section 220(b).\npositive exemption notice see previous schedule 7, definition positive exemption notice .\npositive notice see previous schedule 7, definition positive notice .\npositive notice blue card see previous schedule 7, definition positive notice blue card .\nprescribed notice see previous schedule 7, definition prescribed notice .\nprescribed notice application see previous schedule 7, definition prescribed notice application .\nprevious , for a provision of this Act, means as in force before the commencement of the provision in which the term is used.\ns 566 ins 2019 No. 18 s 66\n- (a) for a prescribed notice—means current under previous section 231; or\n- (b) for an exemption notice—means current under previous section 289.","sortOrder":869},{"sectionNumber":"sec.567","sectionType":"section","heading":"Existing eligibility application or eligibility declaration","content":"### sec.567 Existing eligibility application or eligibility declaration\n\nThe amended Act applies for deciding an eligibility application that, immediately before the commencement, had not been decided or withdrawn.\nAn eligibility declaration that, immediately before the commencement, was in force for a person continues in effect subject to amended section 185.\ns 567 ins 2019 No. 18 s 66\n(sec.567-ssec.1) The amended Act applies for deciding an eligibility application that, immediately before the commencement, had not been decided or withdrawn.\n(sec.567-ssec.2) An eligibility declaration that, immediately before the commencement, was in force for a person continues in effect subject to amended section 185.","sortOrder":870},{"sectionNumber":"sec.568","sectionType":"section","heading":"Existing prescribed notice application","content":"### sec.568 Existing prescribed notice application\n\nThis section applies if, immediately before the commencement, a prescribed notice application for a person had been made but not decided, withdrawn or taken to have been withdrawn.\nThe application is taken to be a working with children check (general) application.\nThe amended Act applies for deciding the application.\nSubsection (5) applies if—\nthe person is not a police officer or registered teacher; and\nimmediately before the commencement, the person was employed in regulated employment under previous chapter 8, part 4 on the basis the prescribed notice application had been made but not decided, withdrawn or taken to have been withdrawn; and\nthe person does not hold a negative notice or negative exemption notice.\nDespite chapter 7, part 4, division 2 and until the working with children check (general) application is decided or withdrawn—\nthe person may continue to be employed in the regulated employment; and\nfor that purpose, sections 175 and 176A do not apply in relation to the employment.\nSubsection (7) applies if—\nthe person is not a police officer or registered teacher; and\nimmediately before the commencement, the person was carrying on a regulated business under previous section 197(1)(b) on the basis the prescribed notice application had been made but not decided, withdrawn or taken to have been withdrawn; and\nthe person does not hold a negative notice or negative exemption notice.\nDespite chapter 7, part 4, division 2 and until the working with children check (general) application is decided or withdrawn—\nthe person may continue to carry on the regulated business; and\nfor that purpose, section 176B does not apply in relation to the regulated business.\ns 568 ins 2019 No. 18 s 66\n(sec.568-ssec.1) This section applies if, immediately before the commencement, a prescribed notice application for a person had been made but not decided, withdrawn or taken to have been withdrawn.\n(sec.568-ssec.2) The application is taken to be a working with children check (general) application.\n(sec.568-ssec.3) The amended Act applies for deciding the application.\n(sec.568-ssec.4) Subsection (5) applies if— the person is not a police officer or registered teacher; and immediately before the commencement, the person was employed in regulated employment under previous chapter 8, part 4 on the basis the prescribed notice application had been made but not decided, withdrawn or taken to have been withdrawn; and the person does not hold a negative notice or negative exemption notice.\n(sec.568-ssec.5) Despite chapter 7, part 4, division 2 and until the working with children check (general) application is decided or withdrawn— the person may continue to be employed in the regulated employment; and for that purpose, sections 175 and 176A do not apply in relation to the employment.\n(sec.568-ssec.6) Subsection (7) applies if— the person is not a police officer or registered teacher; and immediately before the commencement, the person was carrying on a regulated business under previous section 197(1)(b) on the basis the prescribed notice application had been made but not decided, withdrawn or taken to have been withdrawn; and the person does not hold a negative notice or negative exemption notice.\n(sec.568-ssec.7) Despite chapter 7, part 4, division 2 and until the working with children check (general) application is decided or withdrawn— the person may continue to carry on the regulated business; and for that purpose, section 176B does not apply in relation to the regulated business.\n- (a) the person is not a police officer or registered teacher; and\n- (b) immediately before the commencement, the person was employed in regulated employment under previous chapter 8, part 4 on the basis the prescribed notice application had been made but not decided, withdrawn or taken to have been withdrawn; and\n- (c) the person does not hold a negative notice or negative exemption notice.\n- (a) the person may continue to be employed in the regulated employment; and\n- (b) for that purpose, sections 175 and 176A do not apply in relation to the employment.\n- (a) the person is not a police officer or registered teacher; and\n- (b) immediately before the commencement, the person was carrying on a regulated business under previous section 197(1)(b) on the basis the prescribed notice application had been made but not decided, withdrawn or taken to have been withdrawn; and\n- (c) the person does not hold a negative notice or negative exemption notice.\n- (a) the person may continue to carry on the regulated business; and\n- (b) for that purpose, section 176B does not apply in relation to the regulated business.","sortOrder":871},{"sectionNumber":"sec.568A","sectionType":"section","heading":"Transitioning to issuing working with children card for clearance that includes holder’s photograph","content":"### sec.568A Transitioning to issuing working with children card for clearance that includes holder’s photograph\n\nThis section applies if the chief executive approves an application for a person to which section 568 applies.\nThe chief executive may comply with section 232A for the person’s working with children clearance by issuing the person a positive notice blue card that the chief executive would have issued before the commencement to a person who holds a positive notice.\nThe document mentioned in subsection (2) is taken to be a working with children card issued to the person under section 232A for the person’s working with children clearance.\nDespite schedule 7, definition working with children card , it does not matter that a document issued under subsection (2) does not include a photograph of the person.\ns 568A ins 2019 No. 18 s 66\n(sec.568A-ssec.1) This section applies if the chief executive approves an application for a person to which section 568 applies.\n(sec.568A-ssec.2) The chief executive may comply with section 232A for the person’s working with children clearance by issuing the person a positive notice blue card that the chief executive would have issued before the commencement to a person who holds a positive notice.\n(sec.568A-ssec.3) The document mentioned in subsection (2) is taken to be a working with children card issued to the person under section 232A for the person’s working with children clearance.\n(sec.568A-ssec.4) Despite schedule 7, definition working with children card , it does not matter that a document issued under subsection (2) does not include a photograph of the person.","sortOrder":872},{"sectionNumber":"sec.569","sectionType":"section","heading":"Existing positive notice and positive notice blue card","content":"### sec.569 Existing positive notice and positive notice blue card\n\nThis section applies if, immediately before the commencement, a person holds a current positive notice.\nThe positive notice is taken to be a working with children clearance issued to the person under amended chapter 8, part 4, division 9.\nIf, immediately before the commencement, the positive notice was suspended under previous section 240 or 242—\nthe person’s working with children clearance under subsection (2) is taken to have been suspended under amended section 296; and\nthe suspension may be dealt with under the amended Act.\nA current positive notice blue card issued to the person for the person’s positive notice is taken to be a working with children card issued to the person under section 232A for the person’s working with children clearance under subsection (2).\nDespite schedule 7, definition working with children card , paragraph (b), it does not matter that the positive notice blue card does not include a photograph of the person.\ns 569 ins 2019 No. 18 s 66\n(sec.569-ssec.1) This section applies if, immediately before the commencement, a person holds a current positive notice.\n(sec.569-ssec.2) The positive notice is taken to be a working with children clearance issued to the person under amended chapter 8, part 4, division 9.\n(sec.569-ssec.3) If, immediately before the commencement, the positive notice was suspended under previous section 240 or 242— the person’s working with children clearance under subsection (2) is taken to have been suspended under amended section 296; and the suspension may be dealt with under the amended Act.\n(sec.569-ssec.4) A current positive notice blue card issued to the person for the person’s positive notice is taken to be a working with children card issued to the person under section 232A for the person’s working with children clearance under subsection (2).\n(sec.569-ssec.5) Despite schedule 7, definition working with children card , paragraph (b), it does not matter that the positive notice blue card does not include a photograph of the person.\n- (a) the person’s working with children clearance under subsection (2) is taken to have been suspended under amended section 296; and\n- (b) the suspension may be dealt with under the amended Act.","sortOrder":873},{"sectionNumber":"sec.570","sectionType":"section","heading":"Existing negative prescribed notice","content":"### sec.570 Existing negative prescribed notice\n\nThis section applies if, immediately before the commencement, a person holds a current negative prescribed notice.\nThe negative prescribed notice is taken to be a negative notice issued to the person under amended chapter 8, part 4, division 9.\ns 570 ins 2019 No. 18 s 66\n(sec.570-ssec.1) This section applies if, immediately before the commencement, a person holds a current negative prescribed notice.\n(sec.570-ssec.2) The negative prescribed notice is taken to be a negative notice issued to the person under amended chapter 8, part 4, division 9.","sortOrder":874},{"sectionNumber":"sec.571","sectionType":"section","heading":"Existing exemption notice application","content":"### sec.571 Existing exemption notice application\n\nThis section applies to an exemption notice application that, immediately before the commencement, had not been decided, withdrawn or taken to have been withdrawn.\nThe application is taken to be a working with children check (exemption) application.\nThe amended Act applies for deciding the application.\ns 571 ins 2019 No. 18 s 66\n(sec.571-ssec.1) This section applies to an exemption notice application that, immediately before the commencement, had not been decided, withdrawn or taken to have been withdrawn.\n(sec.571-ssec.2) The application is taken to be a working with children check (exemption) application.\n(sec.571-ssec.3) The amended Act applies for deciding the application.","sortOrder":875},{"sectionNumber":"sec.571A","sectionType":"section","heading":"Transitioning to issuing working with children card for exemption that includes holder’s photograph","content":"### sec.571A Transitioning to issuing working with children card for exemption that includes holder’s photograph\n\nThis section applies if, within 6 months after the commencement, the chief executive approves an application for a person to which section 571 applies.\nDespite section 289, a working with children exemption is issued to the person for the term that ends 3 years after the commencement.\nThe chief executive may comply with section 290A for the person’s working with children exemption by issuing the person an exemption card that the chief executive would have issued before the commencement to a person who holds a positive exemption notice.\nThe document mentioned in subsection (3) is taken to be a working with children card issued to the person under section 290A for the person’s working with children exemption.\nDespite schedule 7, definition working with children card , it does not matter that a document issued under subsection (3) does not include—\na photograph of the person; or\nthe expiry date of the person’s working with children exemption.\ns 571A ins 2019 No. 18 s 66\n(sec.571A-ssec.1) This section applies if, within 6 months after the commencement, the chief executive approves an application for a person to which section 571 applies.\n(sec.571A-ssec.2) Despite section 289, a working with children exemption is issued to the person for the term that ends 3 years after the commencement.\n(sec.571A-ssec.3) The chief executive may comply with section 290A for the person’s working with children exemption by issuing the person an exemption card that the chief executive would have issued before the commencement to a person who holds a positive exemption notice.\n(sec.571A-ssec.4) The document mentioned in subsection (3) is taken to be a working with children card issued to the person under section 290A for the person’s working with children exemption.\n(sec.571A-ssec.5) Despite schedule 7, definition working with children card , it does not matter that a document issued under subsection (3) does not include— a photograph of the person; or the expiry date of the person’s working with children exemption.\n- (a) a photograph of the person; or\n- (b) the expiry date of the person’s working with children exemption.","sortOrder":876},{"sectionNumber":"sec.572","sectionType":"section","heading":"Existing positive exemption notice and positive exemption notice card","content":"### sec.572 Existing positive exemption notice and positive exemption notice card\n\nThis section applies if, immediately before the commencement, a person holds a current positive exemption notice.\nThe positive exemption notice is taken to be a working with children exemption issued—\nto the person under amended chapter 8, part 5, division 8; and\nfor the term that ends 3 years after the commencement.\nIf, immediately before the commencement, the positive exemption notice was suspended under previous section 298—\nthe person’s working with children exemption under subsection (2) is taken to have been suspended under amended section 296; and\nthe suspension may be dealt with under the amended Act.\nAn exemption card issued to the person for the person’s positive exemption notice is taken to be a working with children card issued to the person under section 290A for the person’s working with children exemption under subsection (2).\nDespite schedule 7, definition working with children card , paragraph (b), it does not matter that the exemption card does not include—\na photograph of the person; or\nthe expiry date of the person’s working with children exemption.\ns 572 ins 2019 No. 18 s 66\n(sec.572-ssec.1) This section applies if, immediately before the commencement, a person holds a current positive exemption notice.\n(sec.572-ssec.2) The positive exemption notice is taken to be a working with children exemption issued— to the person under amended chapter 8, part 5, division 8; and for the term that ends 3 years after the commencement.\n(sec.572-ssec.3) If, immediately before the commencement, the positive exemption notice was suspended under previous section 298— the person’s working with children exemption under subsection (2) is taken to have been suspended under amended section 296; and the suspension may be dealt with under the amended Act.\n(sec.572-ssec.4) An exemption card issued to the person for the person’s positive exemption notice is taken to be a working with children card issued to the person under section 290A for the person’s working with children exemption under subsection (2).\n(sec.572-ssec.5) Despite schedule 7, definition working with children card , paragraph (b), it does not matter that the exemption card does not include— a photograph of the person; or the expiry date of the person’s working with children exemption.\n- (a) to the person under amended chapter 8, part 5, division 8; and\n- (b) for the term that ends 3 years after the commencement.\n- (a) the person’s working with children exemption under subsection (2) is taken to have been suspended under amended section 296; and\n- (b) the suspension may be dealt with under the amended Act.\n- (a) a photograph of the person; or\n- (b) the expiry date of the person’s working with children exemption.","sortOrder":877},{"sectionNumber":"sec.573","sectionType":"section","heading":"Expiry of transitioned positive exemption notice","content":"### sec.573 Expiry of transitioned positive exemption notice\n\nThis section applies in relation to a current positive exemption notice that is taken to be a working with children exemption under section 572 (the transitioned exemption ) if—\nthe term mentioned in section 572(2)(b) ends; and\neither—\nthe holder of the transitioned exemption did not make a working with children check application before the term ended; or\nthe holder of the transitioned exemption made a working with children check application before the term ended and the application was withdrawn before it was decided.\nThe chief executive must give a notice to the person who held the transitioned exemption that states—\nthe transitioned exemption has expired; and\nthe person must return the person’s working with children card to the chief executive within 14 days after the notice is given, unless the person has a reasonable excuse.\nThe person must return the person’s working with children card to the chief executive within 14 days after the notice is given, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\ns 573 ins 2019 No. 18 s 66\n(sec.573-ssec.1) This section applies in relation to a current positive exemption notice that is taken to be a working with children exemption under section 572 (the transitioned exemption ) if— the term mentioned in section 572(2)(b) ends; and either— the holder of the transitioned exemption did not make a working with children check application before the term ended; or the holder of the transitioned exemption made a working with children check application before the term ended and the application was withdrawn before it was decided.\n(sec.573-ssec.2) The chief executive must give a notice to the person who held the transitioned exemption that states— the transitioned exemption has expired; and the person must return the person’s working with children card to the chief executive within 14 days after the notice is given, unless the person has a reasonable excuse.\n(sec.573-ssec.3) The person must return the person’s working with children card to the chief executive within 14 days after the notice is given, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n- (a) the term mentioned in section 572(2)(b) ends; and\n- (b) either— (i) the holder of the transitioned exemption did not make a working with children check application before the term ended; or (ii) the holder of the transitioned exemption made a working with children check application before the term ended and the application was withdrawn before it was decided.\n- (i) the holder of the transitioned exemption did not make a working with children check application before the term ended; or\n- (ii) the holder of the transitioned exemption made a working with children check application before the term ended and the application was withdrawn before it was decided.\n- (i) the holder of the transitioned exemption did not make a working with children check application before the term ended; or\n- (ii) the holder of the transitioned exemption made a working with children check application before the term ended and the application was withdrawn before it was decided.\n- (a) the transitioned exemption has expired; and\n- (b) the person must return the person’s working with children card to the chief executive within 14 days after the notice is given, unless the person has a reasonable excuse.","sortOrder":878},{"sectionNumber":"sec.574","sectionType":"section","heading":"Existing negative exemption notice","content":"### sec.574 Existing negative exemption notice\n\nThis section applies if, immediately before the commencement, a person holds a current negative exemption notice.\nThe negative exemption notice is taken to be a negative notice issued to the person under amended chapter 8, part 5, division 8.\ns 574 ins 2019 No. 18 s 66\n(sec.574-ssec.1) This section applies if, immediately before the commencement, a person holds a current negative exemption notice.\n(sec.574-ssec.2) The negative exemption notice is taken to be a negative notice issued to the person under amended chapter 8, part 5, division 8.","sortOrder":879},{"sectionNumber":"sec.575","sectionType":"section","heading":"Existing application to cancel positive notice or positive exemption notice","content":"### sec.575 Existing application to cancel positive notice or positive exemption notice\n\nThis section applies if, immediately before the commencement—\nan application under previous section 244 to cancel a person’s positive notice had not been decided or withdrawn; or\nan application under previous section 302 to cancel a person’s positive exemption notice had not been decided or withdrawn.\nThe application is taken to have been made under section 304D in relation to the person’s working with children clearance under section 569(2) or working with children exemption under section 572(2).\nThe amended Act applies for deciding the application.\ns 575 ins 2019 No. 18 s 66\n(sec.575-ssec.1) This section applies if, immediately before the commencement— an application under previous section 244 to cancel a person’s positive notice had not been decided or withdrawn; or an application under previous section 302 to cancel a person’s positive exemption notice had not been decided or withdrawn.\n(sec.575-ssec.2) The application is taken to have been made under section 304D in relation to the person’s working with children clearance under section 569(2) or working with children exemption under section 572(2).\n(sec.575-ssec.3) The amended Act applies for deciding the application.\n- (a) an application under previous section 244 to cancel a person’s positive notice had not been decided or withdrawn; or\n- (b) an application under previous section 302 to cancel a person’s positive exemption notice had not been decided or withdrawn.","sortOrder":880},{"sectionNumber":"sec.576","sectionType":"section","heading":"Existing application to cancel negative notice or negative exemption notice","content":"### sec.576 Existing application to cancel negative notice or negative exemption notice\n\nThis section applies if, immediately before the commencement—\nan application under previous section 236 to cancel a person’s negative prescribed notice had not been decided or withdrawn; or\nan application under previous section 294 to cancel a person’s negative exemption notice had not been decided or withdrawn.\nThe application is taken to have been made under section 304G in relation to the person’s negative notice under section 570(2) or 574(2).\nThe amended Act applies for deciding the application.\ns 576 ins 2019 No. 18 s 66\n(sec.576-ssec.1) This section applies if, immediately before the commencement— an application under previous section 236 to cancel a person’s negative prescribed notice had not been decided or withdrawn; or an application under previous section 294 to cancel a person’s negative exemption notice had not been decided or withdrawn.\n(sec.576-ssec.2) The application is taken to have been made under section 304G in relation to the person’s negative notice under section 570(2) or 574(2).\n(sec.576-ssec.3) The amended Act applies for deciding the application.\n- (a) an application under previous section 236 to cancel a person’s negative prescribed notice had not been decided or withdrawn; or\n- (b) an application under previous section 294 to cancel a person’s negative exemption notice had not been decided or withdrawn.","sortOrder":881},{"sectionNumber":"sec.577","sectionType":"section","heading":"Existing application to cancel suspended positive notice or positive exemption notice","content":"### sec.577 Existing application to cancel suspended positive notice or positive exemption notice\n\nThis section applies if, immediately before the commencement—\nan application under previous section 241 or 243 to cancel a person’s suspended positive notice had not been decided or withdrawn; or\nan application under previous section 299 to cancel a person’s suspended positive exemption notice had not been decided or withdrawn.\nThe application is taken to have been made under section 300(1)(b) in relation to the person’s working with children clearance under section 569(2) or working with children exemption under section 572(2).\nThe amended Act applies for deciding the application.\ns 577 ins 2019 No. 18 s 66\n(sec.577-ssec.1) This section applies if, immediately before the commencement— an application under previous section 241 or 243 to cancel a person’s suspended positive notice had not been decided or withdrawn; or an application under previous section 299 to cancel a person’s suspended positive exemption notice had not been decided or withdrawn.\n(sec.577-ssec.2) The application is taken to have been made under section 300(1)(b) in relation to the person’s working with children clearance under section 569(2) or working with children exemption under section 572(2).\n(sec.577-ssec.3) The amended Act applies for deciding the application.\n- (a) an application under previous section 241 or 243 to cancel a person’s suspended positive notice had not been decided or withdrawn; or\n- (b) an application under previous section 299 to cancel a person’s suspended positive exemption notice had not been decided or withdrawn.","sortOrder":882},{"sectionNumber":"sec.578","sectionType":"section","heading":"Reviews not started on commencement","content":"### sec.578 Reviews not started on commencement\n\nThis section applies if—\nbefore the commencement—\nthe chief executive made a chapter 8 reviewable decision about a person; and\nthe person had not applied for a review of the decision under section 354; and\non the commencement, the time for starting a review of the decision had not ended.\nThe person may apply for a review of the decision.\nQCAT must apply the amended Act in relation to the subject matter of the review.\ns 578 ins 2019 No. 18 s 66\n(sec.578-ssec.1) This section applies if— before the commencement— the chief executive made a chapter 8 reviewable decision about a person; and the person had not applied for a review of the decision under section 354; and on the commencement, the time for starting a review of the decision had not ended.\n(sec.578-ssec.2) The person may apply for a review of the decision.\n(sec.578-ssec.3) QCAT must apply the amended Act in relation to the subject matter of the review.\n- (a) before the commencement— (i) the chief executive made a chapter 8 reviewable decision about a person; and (ii) the person had not applied for a review of the decision under section 354; and\n- (i) the chief executive made a chapter 8 reviewable decision about a person; and\n- (ii) the person had not applied for a review of the decision under section 354; and\n- (b) on the commencement, the time for starting a review of the decision had not ended.\n- (i) the chief executive made a chapter 8 reviewable decision about a person; and\n- (ii) the person had not applied for a review of the decision under section 354; and","sortOrder":883},{"sectionNumber":"sec.579","sectionType":"section","heading":"Appeals not started on commencement","content":"### sec.579 Appeals not started on commencement\n\nThis section applies if—\nbefore the commencement, the chief executive or another person had a right to appeal, under the QCAT Act, against a decision of QCAT relating to a chapter 8 reviewable decision; and\non the commencement, the time for starting an appeal had not ended.\nThe entity hearing the appeal must apply the amended Act in relation to the subject matter of the appeal.\ns 579 ins 2019 No. 18 s 66\n(sec.579-ssec.1) This section applies if— before the commencement, the chief executive or another person had a right to appeal, under the QCAT Act, against a decision of QCAT relating to a chapter 8 reviewable decision; and on the commencement, the time for starting an appeal had not ended.\n(sec.579-ssec.2) The entity hearing the appeal must apply the amended Act in relation to the subject matter of the appeal.\n- (a) before the commencement, the chief executive or another person had a right to appeal, under the QCAT Act, against a decision of QCAT relating to a chapter 8 reviewable decision; and\n- (b) on the commencement, the time for starting an appeal had not ended.","sortOrder":884},{"sectionNumber":"sec.580","sectionType":"section","heading":"Undecided reviews and appeals","content":"### sec.580 Undecided reviews and appeals\n\nThis section applies if, immediately before the commencement—\nan application, made by a person under section 354, for a review of a chapter 8 reviewable decision had not been decided or withdrawn; or\nan appeal against a decision of QCAT relating to a chapter 8 reviewable decision, started by a person under the QCAT Act , had not been decided or withdrawn.\nThe entity hearing the review or appeal must apply the amended Act in relation to the subject matter of the review or appeal.\ns 580 ins 2019 No. 18 s 66\n(sec.580-ssec.1) This section applies if, immediately before the commencement— an application, made by a person under section 354, for a review of a chapter 8 reviewable decision had not been decided or withdrawn; or an appeal against a decision of QCAT relating to a chapter 8 reviewable decision, started by a person under the QCAT Act , had not been decided or withdrawn.\n(sec.580-ssec.2) The entity hearing the review or appeal must apply the amended Act in relation to the subject matter of the review or appeal.\n- (a) an application, made by a person under section 354, for a review of a chapter 8 reviewable decision had not been decided or withdrawn; or\n- (b) an appeal against a decision of QCAT relating to a chapter 8 reviewable decision, started by a person under the QCAT Act , had not been decided or withdrawn.","sortOrder":885},{"sectionNumber":"sec.581","sectionType":"section","heading":"Definitions for subdivision","content":"### sec.581 Definitions for subdivision\n\nIn this subdivision—\ntransitioned application means—\nfor an eligibility application—an eligibility application under section 567; or\nfor a prescribed notice application—a working with children check application under section 568; or\nfor an exemption notice application—a working with children check (exemption) application under section 571.\ntransitioned authority means—\nfor an eligibility declaration—an eligibility declaration under section 567; or\nfor a positive notice—a working with children clearance under section 569; or\nfor a negative prescribed notice—a negative notice under section 570; or\nfor a positive exemption notice—a working with children exemption under section 572; or\nfor a negative exemption notice—a negative notice under section 574.\ns 581 ins 2019 No. 18 s 66\n- (a) for an eligibility application—an eligibility application under section 567; or\n- (b) for a prescribed notice application—a working with children check application under section 568; or\n- (c) for an exemption notice application—a working with children check (exemption) application under section 571.\n- (a) for an eligibility declaration—an eligibility declaration under section 567; or\n- (b) for a positive notice—a working with children clearance under section 569; or\n- (c) for a negative prescribed notice—a negative notice under section 570; or\n- (d) for a positive exemption notice—a working with children exemption under section 572; or\n- (e) for a negative exemption notice—a negative notice under section 574.","sortOrder":886},{"sectionNumber":"sec.582","sectionType":"section","heading":"Things done before commencement in relation to eligibility declaration, prescribed notice or exemption notice","content":"### sec.582 Things done before commencement in relation to eligibility declaration, prescribed notice or exemption notice\n\nThis section applies in relation to a thing done by the chief executive or another person under this Act before the commencement in relation to—\nan eligibility application, prescribed notice application or exemption notice application; or\nan eligibility declaration, prescribed notice or exemption notice.\nThe thing is taken to have been done under the amended Act in relation to—\nfor a thing done in relation to an eligibility application, prescribed notice application or exemption notice application—the transitioned application for the application; or\nfor a thing done in relation to an eligibility declaration, prescribed notice or exemption notice—the transitioned authority for the declaration or notice.\nThe amended Act applies for the purpose of subsection (2) with necessary changes.\nThis section does not limit another provision of this division.\ns 582 ins 2019 No. 18 s 66\n(sec.582-ssec.1) This section applies in relation to a thing done by the chief executive or another person under this Act before the commencement in relation to— an eligibility application, prescribed notice application or exemption notice application; or an eligibility declaration, prescribed notice or exemption notice.\n(sec.582-ssec.2) The thing is taken to have been done under the amended Act in relation to— for a thing done in relation to an eligibility application, prescribed notice application or exemption notice application—the transitioned application for the application; or for a thing done in relation to an eligibility declaration, prescribed notice or exemption notice—the transitioned authority for the declaration or notice.\n(sec.582-ssec.3) The amended Act applies for the purpose of subsection (2) with necessary changes.\n(sec.582-ssec.4) This section does not limit another provision of this division.\n- (a) an eligibility application, prescribed notice application or exemption notice application; or\n- (b) an eligibility declaration, prescribed notice or exemption notice.\n- (a) for a thing done in relation to an eligibility application, prescribed notice application or exemption notice application—the transitioned application for the application; or\n- (b) for a thing done in relation to an eligibility declaration, prescribed notice or exemption notice—the transitioned authority for the declaration or notice.","sortOrder":887},{"sectionNumber":"sec.583","sectionType":"section","heading":"Obligations or powers arising before commencement in relation to eligibility declaration, prescribed notice or exemption notice","content":"### sec.583 Obligations or powers arising before commencement in relation to eligibility declaration, prescribed notice or exemption notice\n\nThis section applies if—\nbefore the commencement, the chief executive or another person was required or permitted under this Act to do, but did not do, something in relation to—\nan eligibility application, prescribed notice application or exemption notice application; or\nan eligibility declaration, prescribed notice or exemption notice; and\non the commencement, the period within which the chief executive or other person was required or permitted to do the thing has not passed.\nThe chief executive or other person must or may do the thing under the amended Act in relation to—\nfor a thing required or permitted to be done in relation to an eligibility application, prescribed notice application or exemption notice application—the transitioned application for the application; or\nfor a thing required or permitted to be done in relation to an eligibility declaration, prescribed notice or exemption notice—the transitioned authority for the declaration or notice.\nThe amended Act applies for the purpose of subsection (2) with necessary changes.\nThis section does not limit another provision of this division.\ns 583 ins 2019 No. 18 s 66\n(sec.583-ssec.1) This section applies if— before the commencement, the chief executive or another person was required or permitted under this Act to do, but did not do, something in relation to— an eligibility application, prescribed notice application or exemption notice application; or an eligibility declaration, prescribed notice or exemption notice; and on the commencement, the period within which the chief executive or other person was required or permitted to do the thing has not passed.\n(sec.583-ssec.2) The chief executive or other person must or may do the thing under the amended Act in relation to— for a thing required or permitted to be done in relation to an eligibility application, prescribed notice application or exemption notice application—the transitioned application for the application; or for a thing required or permitted to be done in relation to an eligibility declaration, prescribed notice or exemption notice—the transitioned authority for the declaration or notice.\n(sec.583-ssec.3) The amended Act applies for the purpose of subsection (2) with necessary changes.\n(sec.583-ssec.4) This section does not limit another provision of this division.\n- (a) before the commencement, the chief executive or another person was required or permitted under this Act to do, but did not do, something in relation to— (i) an eligibility application, prescribed notice application or exemption notice application; or (ii) an eligibility declaration, prescribed notice or exemption notice; and\n- (i) an eligibility application, prescribed notice application or exemption notice application; or\n- (ii) an eligibility declaration, prescribed notice or exemption notice; and\n- (b) on the commencement, the period within which the chief executive or other person was required or permitted to do the thing has not passed.\n- (i) an eligibility application, prescribed notice application or exemption notice application; or\n- (ii) an eligibility declaration, prescribed notice or exemption notice; and\n- (a) for a thing required or permitted to be done in relation to an eligibility application, prescribed notice application or exemption notice application—the transitioned application for the application; or\n- (b) for a thing required or permitted to be done in relation to an eligibility declaration, prescribed notice or exemption notice—the transitioned authority for the declaration or notice.","sortOrder":888},{"sectionNumber":"sec.584","sectionType":"section","heading":"Existing employer notices about employment or proposed employment of a person","content":"### sec.584 Existing employer notices about employment or proposed employment of a person\n\nA person, as the employer of another person, is taken to have given the chief executive a notice mentioned in section 175(1)(b) about employing the other person if, before the commencement, the person—\ngave the chief executive a notification about employing the other person under previous section 188(1)(a), 192(2)(a) or 193(2)(a); or\napplied for a prescribed notice about the other person.\nA person, as the employer of a police officer or registered teacher, is taken to have given the chief executive a notice mentioned in section 176C(1)(b) about employing the police officer or teacher if, before the commencement, the person—\ngave the chief executive a notification about employing the police officer or teacher under previous section 251(a), 254(2)(a) or 255(2)(a) or (b); or\napplied for an exemption notice about the police officer or teacher.\ns 584 ins 2019 No. 18 s 66\n(sec.584-ssec.1) A person, as the employer of another person, is taken to have given the chief executive a notice mentioned in section 175(1)(b) about employing the other person if, before the commencement, the person— gave the chief executive a notification about employing the other person under previous section 188(1)(a), 192(2)(a) or 193(2)(a); or applied for a prescribed notice about the other person.\n(sec.584-ssec.2) A person, as the employer of a police officer or registered teacher, is taken to have given the chief executive a notice mentioned in section 176C(1)(b) about employing the police officer or teacher if, before the commencement, the person— gave the chief executive a notification about employing the police officer or teacher under previous section 251(a), 254(2)(a) or 255(2)(a) or (b); or applied for an exemption notice about the police officer or teacher.\n- (a) gave the chief executive a notification about employing the other person under previous section 188(1)(a), 192(2)(a) or 193(2)(a); or\n- (b) applied for a prescribed notice about the other person.\n- (a) gave the chief executive a notification about employing the police officer or teacher under previous section 251(a), 254(2)(a) or 255(2)(a) or (b); or\n- (b) applied for an exemption notice about the police officer or teacher.","sortOrder":889},{"sectionNumber":"sec.585","sectionType":"section","heading":"Existing orders under s 357","content":"### sec.585 Existing orders under s 357\n\nThis Act applies in relation to a disqualification order made under section 357 before the commencement as if—\na reference to a positive notice were a reference to a working with children clearance; and\na reference to a positive exemption notice were a reference to a working with children exemption; and\na reference to applying for a prescribed notice were a reference to making a working with children check (general) application; and\na reference to applying for an exemption notice were a reference to making a working with children check (exemption) application.\ns 585 ins 2019 No. 18 s 66\n- (a) a reference to a positive notice were a reference to a working with children clearance; and\n- (b) a reference to a positive exemption notice were a reference to a working with children exemption; and\n- (c) a reference to applying for a prescribed notice were a reference to making a working with children check (general) application; and\n- (d) a reference to applying for an exemption notice were a reference to making a working with children check (exemption) application.","sortOrder":890},{"sectionNumber":"sec.586","sectionType":"section","heading":"Particular references in Act or document","content":"### sec.586 Particular references in Act or document\n\nIn an Act or a document, to the extent the context permits—\na reference to a working with children check (general) application includes a reference to an application for a prescribed notice under previous chapter 8, part 4, division 6 or 7; and\na reference to a working with children check (exemption) application includes a reference to an application for an exemption notice under previous chapter 8, part 5, division 7 or 8; and\na reference to a working with children clearance includes a reference to a positive notice under previous section 220(a); and\na reference to a working with children exemption includes a reference to a positive exemption notice under previous section 282(a); and\na reference to a working with children authority includes a reference to—\na positive notice under previous section 220(a); and\na positive exemption notice under previous section 282(a); and\na reference to a negative notice includes a reference to—\na negative notice under previous section 220(b); and\na negative exemption notice under previous section 282(b).\ns 586 ins 2019 No. 18 s 66\n- (a) a reference to a working with children check (general) application includes a reference to an application for a prescribed notice under previous chapter 8, part 4, division 6 or 7; and\n- (b) a reference to a working with children check (exemption) application includes a reference to an application for an exemption notice under previous chapter 8, part 5, division 7 or 8; and\n- (c) a reference to a working with children clearance includes a reference to a positive notice under previous section 220(a); and\n- (d) a reference to a working with children exemption includes a reference to a positive exemption notice under previous section 282(a); and\n- (e) a reference to a working with children authority includes a reference to— (i) a positive notice under previous section 220(a); and (ii) a positive exemption notice under previous section 282(a); and\n- (i) a positive notice under previous section 220(a); and\n- (ii) a positive exemption notice under previous section 282(a); and\n- (f) a reference to a negative notice includes a reference to— (i) a negative notice under previous section 220(b); and (ii) a negative exemption notice under previous section 282(b).\n- (i) a negative notice under previous section 220(b); and\n- (ii) a negative exemption notice under previous section 282(b).\n- (i) a positive notice under previous section 220(a); and\n- (ii) a positive exemption notice under previous section 282(a); and\n- (i) a negative notice under previous section 220(b); and\n- (ii) a negative exemption notice under previous section 282(b).","sortOrder":891},{"sectionNumber":"sec.587","sectionType":"section","heading":"Application withdrawn or taken to have been withdrawn before commencement","content":"### sec.587 Application withdrawn or taken to have been withdrawn before commencement\n\nIf, before the commencement, a person withdrew a prescribed notice application or exemption notice application the person made about another person—\nthe application is taken to have been withdrawn under section 196; and\na notice given by the chief executive about the withdrawal is taken to have been given under section 195 because section 196 applies.\nA notice about the withdrawal of a prescribed notice application about a person given under previous section 203, 204 or 214, or about the withdrawal of an exemption notice application about a person given under previous section 263, 264 or 275, is taken to be a withdrawal notice given under section 195 because section 196 applies.\nA notice about the withdrawal of a prescribed notice application about a person given under previous section 208 or 217, or about the withdrawal of an exemption notice application about a person given under previous section 269 or 279, is taken to be a withdrawal notice given under section 195 because section 199 applies.\ns 587 ins 2019 No. 18 s 66\n(sec.587-ssec.1) If, before the commencement, a person withdrew a prescribed notice application or exemption notice application the person made about another person— the application is taken to have been withdrawn under section 196; and a notice given by the chief executive about the withdrawal is taken to have been given under section 195 because section 196 applies.\n(sec.587-ssec.2) A notice about the withdrawal of a prescribed notice application about a person given under previous section 203, 204 or 214, or about the withdrawal of an exemption notice application about a person given under previous section 263, 264 or 275, is taken to be a withdrawal notice given under section 195 because section 196 applies.\n(sec.587-ssec.3) A notice about the withdrawal of a prescribed notice application about a person given under previous section 208 or 217, or about the withdrawal of an exemption notice application about a person given under previous section 269 or 279, is taken to be a withdrawal notice given under section 195 because section 199 applies.\n- (a) the application is taken to have been withdrawn under section 196; and\n- (b) a notice given by the chief executive about the withdrawal is taken to have been given under section 195 because section 196 applies.","sortOrder":892},{"sectionNumber":"sec.588","sectionType":"section","heading":"Continuing obligation of confidentiality","content":"### sec.588 Continuing obligation of confidentiality\n\nThis section applies if—\nimmediately before the commencement, previous section 384 applied to a person in relation to particular information; and\non the commencement, section 384 does not apply to the person in relation to the information.\nPrevious section 384 continues to apply to the person in relation to the information as if the amendment Act had not been enacted.\ns 588 ins 2019 No. 18 s 66\n(sec.588-ssec.1) This section applies if— immediately before the commencement, previous section 384 applied to a person in relation to particular information; and on the commencement, section 384 does not apply to the person in relation to the information.\n(sec.588-ssec.2) Previous section 384 continues to apply to the person in relation to the information as if the amendment Act had not been enacted.\n- (a) immediately before the commencement, previous section 384 applied to a person in relation to particular information; and\n- (b) on the commencement, section 384 does not apply to the person in relation to the information.","sortOrder":893},{"sectionNumber":"ch.11-pt.19-div.5","sectionType":"division","heading":"Transitional regulation-making power","content":"## Transitional regulation-making power","sortOrder":894},{"sectionNumber":"sec.589","sectionType":"section","heading":null,"content":"### Section sec.589\n\ns 589 ins 2019 No. 18 s 66\nexp 28 February 2022 (see s 589(4))","sortOrder":895},{"sectionNumber":"ch.11-pt.20","sectionType":"part","heading":"Transitional provisions for Disability Services and Other Legislation (Worker Screening) Amendment Act 2020","content":"# Transitional provisions for Disability Services and Other Legislation (Worker Screening) Amendment Act 2020","sortOrder":896},{"sectionNumber":"sec.590","sectionType":"section","heading":"New regulated employment","content":"### sec.590 New regulated employment\n\nThis section applies if, immediately before the commencement—\na person was employed in employment, or was continuing in employment, mentioned in schedule 1, section 6A; and\nthe employment was not regulated employment mentioned in schedule 1, section 6 as in force immediately before the commencement; and\nthe person does not hold a working with children authority.\nSections 175, 176A, 176C and 176E do not apply in relation to the employment until—\n3 months after the commencement; or\nif the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.\ns 590 ins 2019 No. 19 s 78\nsub 2020 No. 39 s 59\n(sec.590-ssec.1) This section applies if, immediately before the commencement— a person was employed in employment, or was continuing in employment, mentioned in schedule 1, section 6A; and the employment was not regulated employment mentioned in schedule 1, section 6 as in force immediately before the commencement; and the person does not hold a working with children authority.\n(sec.590-ssec.2) Sections 175, 176A, 176C and 176E do not apply in relation to the employment until— 3 months after the commencement; or if the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.\n- (a) a person was employed in employment, or was continuing in employment, mentioned in schedule 1, section 6A; and\n- (b) the employment was not regulated employment mentioned in schedule 1, section 6 as in force immediately before the commencement; and\n- (c) the person does not hold a working with children authority.\n- (a) 3 months after the commencement; or\n- (b) if the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.","sortOrder":897},{"sectionNumber":"sec.591","sectionType":"section","heading":"New regulated business","content":"### sec.591 New regulated business\n\nThis section applies if, immediately before the commencement—\na person was carrying on a business mentioned in schedule 1, section 16A; and\nthe business was not a regulated business mentioned in schedule 1, section 16 as in force immediately before the commencement; and\nthe person does not hold a working with children authority.\nSections 176B and 176G do not apply in relation to the person carrying on the business until—\n3 months after the commencement; or\nif the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.\ns 591 ins 2020 No. 39 s 59\n(sec.591-ssec.1) This section applies if, immediately before the commencement— a person was carrying on a business mentioned in schedule 1, section 16A; and the business was not a regulated business mentioned in schedule 1, section 16 as in force immediately before the commencement; and the person does not hold a working with children authority.\n(sec.591-ssec.2) Sections 176B and 176G do not apply in relation to the person carrying on the business until— 3 months after the commencement; or if the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.\n- (a) a person was carrying on a business mentioned in schedule 1, section 16A; and\n- (b) the business was not a regulated business mentioned in schedule 1, section 16 as in force immediately before the commencement; and\n- (c) the person does not hold a working with children authority.\n- (a) 3 months after the commencement; or\n- (b) if the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.","sortOrder":898},{"sectionNumber":"sec.592","sectionType":"section","heading":"Information that may be given under section 344","content":"### sec.592 Information that may be given under section 344\n\nFor section 344, the chief executive may give information about a person to the chief executive (disability services) regardless of whether the information relates to a matter that happened before or after the commencement.\nWithout limiting subsection (1), the information that may be given includes—\ninformation about a working with children check application made before the commencement; and\ninformation about a working with children authority or negative notice issued before the commencement; and\ninformation mentioned in section 344(3)(c) to (e) obtained by the chief executive before the commencement.\ns 592 ins 2020 No. 39 s 59\n(sec.592-ssec.1) For section 344, the chief executive may give information about a person to the chief executive (disability services) regardless of whether the information relates to a matter that happened before or after the commencement.\n(sec.592-ssec.2) Without limiting subsection (1), the information that may be given includes— information about a working with children check application made before the commencement; and information about a working with children authority or negative notice issued before the commencement; and information mentioned in section 344(3)(c) to (e) obtained by the chief executive before the commencement.\n- (a) information about a working with children check application made before the commencement; and\n- (b) information about a working with children authority or negative notice issued before the commencement; and\n- (c) information mentioned in section 344(3)(c) to (e) obtained by the chief executive before the commencement.","sortOrder":899},{"sectionNumber":"sec.593","sectionType":"section","heading":"Continuing obligation of confidentiality","content":"### sec.593 Continuing obligation of confidentiality\n\nThis section applies if—\nimmediately before the commencement, section 385 applied to a person in relation to particular information; and\non the commencement, section 385 does not apply to the person in relation to the information.\nFormer section 385 continues to apply to the person in relation to the information as if the Disability Services and Other Legislation (Worker Screening) Amendment Act 2020 had not been enacted.\ns 593 ins 2020 No. 39 s 59\n(sec.593-ssec.1) This section applies if— immediately before the commencement, section 385 applied to a person in relation to particular information; and on the commencement, section 385 does not apply to the person in relation to the information.\n(sec.593-ssec.2) Former section 385 continues to apply to the person in relation to the information as if the Disability Services and Other Legislation (Worker Screening) Amendment Act 2020 had not been enacted.\n- (a) immediately before the commencement, section 385 applied to a person in relation to particular information; and\n- (b) on the commencement, section 385 does not apply to the person in relation to the information.","sortOrder":900},{"sectionNumber":"ch.11-pt.21","sectionType":"part","heading":"Transitional provisions for Child Protection Reform and Other Legislation Amendment Act 2022","content":"# Transitional provisions for Child Protection Reform and Other Legislation Amendment Act 2022","sortOrder":901},{"sectionNumber":"sec.594","sectionType":"section","heading":"Definition for part","content":"### sec.594 Definition for part\n\nIn this part—\nrelevant amendment means—\nthe amendment of chapter 8 by the Child Protection Reform and Other Legislation Amendment Act 2022 , part 6 , division 2 ; or\nthe amendment of chapter 8 by the Child Protection Reform and Other Legislation Amendment Act 2022 , part 6 , division 3 .\ns 594 ins 2022 No. 7 s 93\n- (a) the amendment of chapter 8 by the Child Protection Reform and Other Legislation Amendment Act 2022 , part 6 , division 2 ; or\n- (b) the amendment of chapter 8 by the Child Protection Reform and Other Legislation Amendment Act 2022 , part 6 , division 3 .","sortOrder":902},{"sectionNumber":"sec.595","sectionType":"section","heading":"Existing application","content":"### sec.595 Existing application\n\nThis section applies if, on the commencement of a relevant amendment, an eligibility application, working with children check application or an application under chapter 8, part 5A has been made but not decided or withdrawn.\nThis Act, as in force from the commencement of the relevant amendment, applies for deciding the application.\nSubsection (4) applies if the chief executive gave the applicant a notice under section 229 in relation to the application before the commencement of the relevant amendment.\nThe chief executive is required to give the applicant another notice under section 229 after the commencement of the relevant amendment only if the chief executive receives further information mentioned in section 229(2)(a) in relation to the application after the commencement of the relevant amendment.\ns 595 ins 2022 No. 7 s 93\n(sec.595-ssec.1) This section applies if, on the commencement of a relevant amendment, an eligibility application, working with children check application or an application under chapter 8, part 5A has been made but not decided or withdrawn.\n(sec.595-ssec.2) This Act, as in force from the commencement of the relevant amendment, applies for deciding the application.\n(sec.595-ssec.3) Subsection (4) applies if the chief executive gave the applicant a notice under section 229 in relation to the application before the commencement of the relevant amendment.\n(sec.595-ssec.4) The chief executive is required to give the applicant another notice under section 229 after the commencement of the relevant amendment only if the chief executive receives further information mentioned in section 229(2)(a) in relation to the application after the commencement of the relevant amendment.","sortOrder":903},{"sectionNumber":"sec.596","sectionType":"section","heading":"Proposed decision under ch 8, pt 5A","content":"### sec.596 Proposed decision under ch 8, pt 5A\n\nThis section applies if the chief executive—\nbefore the commencement of a relevant amendment—\nwas proposing to make a decision mentioned in section 294(1) in relation to a person; and\ngave the applicant a notice under section 229, as applied by section 294(2), in relation to making the decision; and\nimmediately before the commencement of the relevant amendment, had not made the decision.\nThis Act, as in force from the commencement of the relevant amendment, applies for making the decision.\nThe chief executive is required to give the person another notice under section 229, as applied by section 294(2), after the commencement of the relevant amendment only if the chief executive receives further information mentioned in section 229(2)(a) in relation to making the decision after the commencement of the relevant amendment.\ns 596 ins 2022 No. 7 s 93\n(sec.596-ssec.1) This section applies if the chief executive— before the commencement of a relevant amendment— was proposing to make a decision mentioned in section 294(1) in relation to a person; and gave the applicant a notice under section 229, as applied by section 294(2), in relation to making the decision; and immediately before the commencement of the relevant amendment, had not made the decision.\n(sec.596-ssec.2) This Act, as in force from the commencement of the relevant amendment, applies for making the decision.\n(sec.596-ssec.3) The chief executive is required to give the person another notice under section 229, as applied by section 294(2), after the commencement of the relevant amendment only if the chief executive receives further information mentioned in section 229(2)(a) in relation to making the decision after the commencement of the relevant amendment.\n- (a) before the commencement of a relevant amendment— (i) was proposing to make a decision mentioned in section 294(1) in relation to a person; and (ii) gave the applicant a notice under section 229, as applied by section 294(2), in relation to making the decision; and\n- (i) was proposing to make a decision mentioned in section 294(1) in relation to a person; and\n- (ii) gave the applicant a notice under section 229, as applied by section 294(2), in relation to making the decision; and\n- (b) immediately before the commencement of the relevant amendment, had not made the decision.\n- (i) was proposing to make a decision mentioned in section 294(1) in relation to a person; and\n- (ii) gave the applicant a notice under section 229, as applied by section 294(2), in relation to making the decision; and","sortOrder":904},{"sectionNumber":"sec.597","sectionType":"section","heading":"Reviews and appeals","content":"### sec.597 Reviews and appeals\n\nThis section applies—\nin relation to—\na review of a chapter 8 reviewable decision; or\nan appeal against a decision of QCAT relating to a chapter 8 reviewable decision; and\nif the review or appeal—\nwas started but not decided or otherwise ended before the commencement of a relevant amendment; or\nis started under this Act after the commencement of a relevant amendment.\nThe entity hearing the review or appeal must apply this Act, as in force from the commencement of the relevant amendment, in relation to the subject matter of the review or appeal.\ns 597 ins 2022 No. 7 s 93\n(sec.597-ssec.1) This section applies— in relation to— a review of a chapter 8 reviewable decision; or an appeal against a decision of QCAT relating to a chapter 8 reviewable decision; and if the review or appeal— was started but not decided or otherwise ended before the commencement of a relevant amendment; or is started under this Act after the commencement of a relevant amendment.\n(sec.597-ssec.2) The entity hearing the review or appeal must apply this Act, as in force from the commencement of the relevant amendment, in relation to the subject matter of the review or appeal.\n- (a) in relation to— (i) a review of a chapter 8 reviewable decision; or (ii) an appeal against a decision of QCAT relating to a chapter 8 reviewable decision; and\n- (i) a review of a chapter 8 reviewable decision; or\n- (ii) an appeal against a decision of QCAT relating to a chapter 8 reviewable decision; and\n- (b) if the review or appeal— (i) was started but not decided or otherwise ended before the commencement of a relevant amendment; or (ii) is started under this Act after the commencement of a relevant amendment.\n- (i) was started but not decided or otherwise ended before the commencement of a relevant amendment; or\n- (ii) is started under this Act after the commencement of a relevant amendment.\n- (i) a review of a chapter 8 reviewable decision; or\n- (ii) an appeal against a decision of QCAT relating to a chapter 8 reviewable decision; and\n- (i) was started but not decided or otherwise ended before the commencement of a relevant amendment; or\n- (ii) is started under this Act after the commencement of a relevant amendment.","sortOrder":905},{"sectionNumber":"sec.598","sectionType":"section","heading":"New regulated employment","content":"### sec.598 New regulated employment\n\nThis section applies if, immediately before the commencement—\na person was employed in employment, or was continuing in employment, mentioned in schedule 1, section 14; and\nthe employment was not regulated employment mentioned in schedule 1, section 14 as in force immediately before the commencement; and\nthe employee does not have a current working with children authority.\nSections 175, 176A, 176C and 176E do not apply in relation to the employment until—\n3 months after the commencement; or\nif the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.\ns 598 ins 2022 No. 7 s 128\n(sec.598-ssec.1) This section applies if, immediately before the commencement— a person was employed in employment, or was continuing in employment, mentioned in schedule 1, section 14; and the employment was not regulated employment mentioned in schedule 1, section 14 as in force immediately before the commencement; and the employee does not have a current working with children authority.\n(sec.598-ssec.2) Sections 175, 176A, 176C and 176E do not apply in relation to the employment until— 3 months after the commencement; or if the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.\n- (a) a person was employed in employment, or was continuing in employment, mentioned in schedule 1, section 14; and\n- (b) the employment was not regulated employment mentioned in schedule 1, section 14 as in force immediately before the commencement; and\n- (c) the employee does not have a current working with children authority.\n- (a) 3 months after the commencement; or\n- (b) if the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.","sortOrder":906},{"sectionNumber":"sec.599","sectionType":"section","heading":"New regulated businesses","content":"### sec.599 New regulated businesses\n\nThis section applies if, immediately before the commencement—\na person was carrying on a business mentioned in schedule 1, section 24; and\nthe business was not a regulated business mentioned in schedule 1, section 24 as in force immediately before the commencement; and\nthe person does not hold a working with children authority.\nSections 176B and 176G do not apply in relation to the person carrying on the business until—\n3 months after the commencement; or\nif the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.\ns 599 ins 2022 No. 7 s 128\n(sec.599-ssec.1) This section applies if, immediately before the commencement— a person was carrying on a business mentioned in schedule 1, section 24; and the business was not a regulated business mentioned in schedule 1, section 24 as in force immediately before the commencement; and the person does not hold a working with children authority.\n(sec.599-ssec.2) Sections 176B and 176G do not apply in relation to the person carrying on the business until— 3 months after the commencement; or if the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.\n- (a) a person was carrying on a business mentioned in schedule 1, section 24; and\n- (b) the business was not a regulated business mentioned in schedule 1, section 24 as in force immediately before the commencement; and\n- (c) the person does not hold a working with children authority.\n- (a) 3 months after the commencement; or\n- (b) if the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.","sortOrder":907},{"sectionNumber":"sec.600","sectionType":"section","heading":"Effect of adverse interstate WWC decision made before commencement on existing authority","content":"### sec.600 Effect of adverse interstate WWC decision made before commencement on existing authority\n\nThis section applies in relation to a person who holds a working with children authority on the commencement.\nFor suspending or cancelling the person’s working with children authority, an adverse interstate WWC decision that is in effect on the commencement is taken to have been made on the commencement.\nFor subsection (2), it is immaterial whether the person’s working with children authority was suspended on the commencement.\ns 600 ins 2022 No. 7 s 128\n(sec.600-ssec.1) This section applies in relation to a person who holds a working with children authority on the commencement.\n(sec.600-ssec.2) For suspending or cancelling the person’s working with children authority, an adverse interstate WWC decision that is in effect on the commencement is taken to have been made on the commencement.\n(sec.600-ssec.3) For subsection (2), it is immaterial whether the person’s working with children authority was suspended on the commencement.","sortOrder":908},{"sectionNumber":"sec.601","sectionType":"section","heading":"Information that may be given under ss 345B and 345C","content":"### sec.601 Information that may be given under ss 345B and 345C\n\nFor sections 345B and 345C, the chief executive may give information about a person to the ACC or an interstate screening unit regardless of whether the information relates to a matter that happened before or after the commencement.\nWithout limiting subsection (1), the information that may be given includes—\ninformation about a working with children check application made before the commencement; and\ninformation about a working with children authority or negative notice issued before the commencement; and\ninformation about a person obtained by the chief executive under chapter 8, part 6 before the commencement.\ns 601 ins 2022 No. 7 s 128\n(sec.601-ssec.1) For sections 345B and 345C, the chief executive may give information about a person to the ACC or an interstate screening unit regardless of whether the information relates to a matter that happened before or after the commencement.\n(sec.601-ssec.2) Without limiting subsection (1), the information that may be given includes— information about a working with children check application made before the commencement; and information about a working with children authority or negative notice issued before the commencement; and information about a person obtained by the chief executive under chapter 8, part 6 before the commencement.\n- (a) information about a working with children check application made before the commencement; and\n- (b) information about a working with children authority or negative notice issued before the commencement; and\n- (c) information about a person obtained by the chief executive under chapter 8, part 6 before the commencement.","sortOrder":909},{"sectionNumber":"ch.11-pt.22","sectionType":"part","heading":"Transitional provisions for Working with Children (Risk Management and Screening) and Other Legislation Amendment Act 2024","content":"# Transitional provisions for Working with Children (Risk Management and Screening) and Other Legislation Amendment Act 2024","sortOrder":910},{"sectionNumber":"ch.11-pt.22-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":911},{"sectionNumber":"sec.602","sectionType":"section","heading":"Definitions for part","content":"### sec.602 Definitions for part\n\nIn this part—\namended Act means this Act as in force from the commencement.\namendment Act means the Working with Children (Risk Management and Screening) and Other Legislation Amendment Act 2024 .\nformer , for a provision of this Act, see section 603(1).\nnew , for a provision of this Act, see section 603(2).\ns 602 ins 2024 No. 50 s 120","sortOrder":912},{"sectionNumber":"sec.603","sectionType":"section","heading":"References to former or new provisions","content":"### sec.603 References to former or new provisions\n\nA reference in a provision of this part (the transitional provision ) to a former provision of this Act is a reference to the provision as in force from time to time before the commencement of the transitional provision.\nA reference in a provision of this part (the transitional provision ) to a new provision of this Act is a reference to the provision as in force from the commencement of the transitional provision.\ns 603 ins 2024 No. 50 s 120\n(sec.603-ssec.1) A reference in a provision of this part (the transitional provision ) to a former provision of this Act is a reference to the provision as in force from time to time before the commencement of the transitional provision.\n(sec.603-ssec.2) A reference in a provision of this part (the transitional provision ) to a new provision of this Act is a reference to the provision as in force from the commencement of the transitional provision.","sortOrder":913},{"sectionNumber":"ch.11-pt.22-div.2","sectionType":"division","heading":"Existing working with children authorities and negative notices continued","content":"## Existing working with children authorities and negative notices continued","sortOrder":914},{"sectionNumber":"sec.604","sectionType":"section","heading":"Existing working with children authorities and negative notices","content":"### sec.604 Existing working with children authorities and negative notices\n\nThis section applies to the following authorities and notices in effect immediately before the commencement—\na working with children clearance issued under former section 220 (2) ;\na working with children exemption issued under former section 282 (2) ;\na negative notice issued under former section 220 (3) or 282 (3) .\nThe authority or notice—\ncontinues in effect; and\nis taken to have been issued under the corresponding new provision for the former provision; and\ndespite paragraph (b) , is taken to be for the same term that applied to the authority or notice immediately before the commencement.\nIn this section—\ncorresponding new provision , for a former provision, means—\nfor former section 220 (2) —new section 226 (2) (a) ; or\nfor former section 282 (2) —new section 226 (2) (b) ; or\nfor former section 220 (3) or 282 (3) —new section 226 (3) .\ns 604 ins 2024 No. 50 s 120\n(sec.604-ssec.1) This section applies to the following authorities and notices in effect immediately before the commencement— a working with children clearance issued under former section 220 (2) ; a working with children exemption issued under former section 282 (2) ; a negative notice issued under former section 220 (3) or 282 (3) .\n(sec.604-ssec.2) The authority or notice— continues in effect; and is taken to have been issued under the corresponding new provision for the former provision; and despite paragraph (b) , is taken to be for the same term that applied to the authority or notice immediately before the commencement.\n(sec.604-ssec.3) In this section— corresponding new provision , for a former provision, means— for former section 220 (2) —new section 226 (2) (a) ; or for former section 282 (2) —new section 226 (2) (b) ; or for former section 220 (3) or 282 (3) —new section 226 (3) .\n- (a) a working with children clearance issued under former section 220 (2) ;\n- (b) a working with children exemption issued under former section 282 (2) ;\n- (c) a negative notice issued under former section 220 (3) or 282 (3) .\n- (a) continues in effect; and\n- (b) is taken to have been issued under the corresponding new provision for the former provision; and\n- (c) despite paragraph (b) , is taken to be for the same term that applied to the authority or notice immediately before the commencement.\n- (a) for former section 220 (2) —new section 226 (2) (a) ; or\n- (b) for former section 282 (2) —new section 226 (2) (b) ; or\n- (c) for former section 220 (3) or 282 (3) —new section 226 (3) .","sortOrder":915},{"sectionNumber":"ch.11-pt.22-div.3","sectionType":"division","heading":"Existing eligibility applications and declarations","content":"## Existing eligibility applications and declarations","sortOrder":916},{"sectionNumber":"sec.605","sectionType":"section","heading":"Existing eligibility application for person who is no longer disqualified person","content":"### sec.605 Existing eligibility application for person who is no longer disqualified person\n\nThis section applies if—\na person made an application for an eligibility declaration under former section 178; and\nimmediately before the commencement the application had not been decided, withdrawn, or taken to have been withdrawn; and\nfrom the commencement the person is no longer a disqualified person.\nThe application is taken to be a working with children check application and for that purpose new chapter 8, part 4, division 9 applies.\nSubject to subsection (4), anything done in relation to the application under former chapter 8, part 1, former chapter 8, part 4, division 9 or former chapter 8, part 5, division 8 is taken to have been done in relation to the application under new chapter 8, part 4, division 9.\nIf the chief executive invited submissions from a person under former section 229 and the person made submissions to the chief executive, whether before or after the commencement, the chief executive may either—\ngive the person a written notice under new section 235 and consider any submissions made by the person under that section; or\nissue a working with children authority.\ns 605 ins 2024 No. 50 s 120\n(sec.605-ssec.1) This section applies if— a person made an application for an eligibility declaration under former section 178; and immediately before the commencement the application had not been decided, withdrawn, or taken to have been withdrawn; and from the commencement the person is no longer a disqualified person.\n(sec.605-ssec.2) The application is taken to be a working with children check application and for that purpose new chapter 8, part 4, division 9 applies.\n(sec.605-ssec.3) Subject to subsection (4), anything done in relation to the application under former chapter 8, part 1, former chapter 8, part 4, division 9 or former chapter 8, part 5, division 8 is taken to have been done in relation to the application under new chapter 8, part 4, division 9.\n(sec.605-ssec.4) If the chief executive invited submissions from a person under former section 229 and the person made submissions to the chief executive, whether before or after the commencement, the chief executive may either— give the person a written notice under new section 235 and consider any submissions made by the person under that section; or issue a working with children authority. s 605 ins 2024 No. 50 s 120\n- (a) a person made an application for an eligibility declaration under former section 178; and\n- (b) immediately before the commencement the application had not been decided, withdrawn, or taken to have been withdrawn; and\n- (c) from the commencement the person is no longer a disqualified person.\n- (a) give the person a written notice under new section 235 and consider any submissions made by the person under that section; or\n- (b) issue a working with children authority.","sortOrder":917},{"sectionNumber":"sec.606","sectionType":"section","heading":"Existing eligibility application for person who is disqualified person after commencement","content":"### sec.606 Existing eligibility application for person who is disqualified person after commencement\n\nThis section applies if—\na person made an application for an eligibility declaration under former section 178; and\nimmediately before the commencement the application had not been decided, withdrawn, or taken to have been withdrawn; and\nfrom the commencement, the person is a disqualified person.\nThe application is taken to be withdrawn.\nThe chief executive must give a written notice to the person stating that—\nthe application is withdrawn; and\nthe reason for the withdrawal.\ns 606 ins 2024 No. 50 s 120\n(sec.606-ssec.1) This section applies if— a person made an application for an eligibility declaration under former section 178; and immediately before the commencement the application had not been decided, withdrawn, or taken to have been withdrawn; and from the commencement, the person is a disqualified person.\n(sec.606-ssec.2) The application is taken to be withdrawn.\n(sec.606-ssec.3) The chief executive must give a written notice to the person stating that— the application is withdrawn; and the reason for the withdrawal. s 606 ins 2024 No. 50 s 120\n- (a) a person made an application for an eligibility declaration under former section 178; and\n- (b) immediately before the commencement the application had not been decided, withdrawn, or taken to have been withdrawn; and\n- (c) from the commencement, the person is a disqualified person.\n- (a) the application is withdrawn; and\n- (b) the reason for the withdrawal.","sortOrder":918},{"sectionNumber":"sec.607","sectionType":"section","heading":"Existing eligibility declaration","content":"### sec.607 Existing eligibility declaration\n\nThis section applies to a person—\nissued an eligibility declaration that is in effect immediately before the commencement; or\ntaken to have been issued an eligibility declaration under former section 181 or 456(2)(a) that is in effect immediately before the commencement.\nThe eligibility declaration ends on the commencement.\nThe disqualifying offence the person was convicted of, that was considered by the chief executive as part of the application for an eligibility declaration (the applicable disqualifying offence ), is taken to be a serious offence for—\na working with children check application made after the commencement; or\na decision made after the commencement under chapter 8, part 5A about the suspension or cancellation of an authority.\nDespite subsection (3), an offence is not a serious offence if the offence was committed, or is alleged to have been committed, by a person when the person was a child.\nHowever, if the conduct constituting or alleged to constitute an offence occurs between 2 dates, the first on which the person was a child and the second on which the person was an adult, the conduct is taken to occur when the person was an adult.\nThe person is taken to no longer be a disqualified person in relation to the applicable disqualifying offence.\ns 607 ins 2024 No. 50 s 120\n(sec.607-ssec.1) This section applies to a person— issued an eligibility declaration that is in effect immediately before the commencement; or taken to have been issued an eligibility declaration under former section 181 or 456(2)(a) that is in effect immediately before the commencement.\n(sec.607-ssec.2) The eligibility declaration ends on the commencement.\n(sec.607-ssec.3) The disqualifying offence the person was convicted of, that was considered by the chief executive as part of the application for an eligibility declaration (the applicable disqualifying offence ), is taken to be a serious offence for— a working with children check application made after the commencement; or a decision made after the commencement under chapter 8, part 5A about the suspension or cancellation of an authority.\n(sec.607-ssec.4) Despite subsection (3), an offence is not a serious offence if the offence was committed, or is alleged to have been committed, by a person when the person was a child.\n(sec.607-ssec.5) However, if the conduct constituting or alleged to constitute an offence occurs between 2 dates, the first on which the person was a child and the second on which the person was an adult, the conduct is taken to occur when the person was an adult.\n(sec.607-ssec.6) The person is taken to no longer be a disqualified person in relation to the applicable disqualifying offence.\n- (a) issued an eligibility declaration that is in effect immediately before the commencement; or\n- (b) taken to have been issued an eligibility declaration under former section 181 or 456(2)(a) that is in effect immediately before the commencement.\n- (a) a working with children check application made after the commencement; or\n- (b) a decision made after the commencement under chapter 8, part 5A about the suspension or cancellation of an authority.","sortOrder":919},{"sectionNumber":"ch.11-pt.22-div.4","sectionType":"division","heading":"Change to period for application to issue negative notice","content":"## Change to period for application to issue negative notice","sortOrder":920},{"sectionNumber":"sec.608","sectionType":"section","heading":"Application to cancel negative notice made by disqualified person","content":"### sec.608 Application to cancel negative notice made by disqualified person\n\nThis section applies if—\nbefore the commencement of new section 304G, a person made an application to cancel a negative notice; and\nfrom the commencement, the person is a disqualified person.\nThe application is taken to be withdrawn.\nThe chief executive must give a written notice to the person stating that—\nthe application is withdrawn; and\nthe reason for the withdrawal.\ns 608 ins 2024 No. 50 s 120\n(sec.608-ssec.1) This section applies if— before the commencement of new section 304G, a person made an application to cancel a negative notice; and from the commencement, the person is a disqualified person.\n(sec.608-ssec.2) The application is taken to be withdrawn.\n(sec.608-ssec.3) The chief executive must give a written notice to the person stating that— the application is withdrawn; and the reason for the withdrawal. s 608 ins 2024 No. 50 s 120\n- (a) before the commencement of new section 304G, a person made an application to cancel a negative notice; and\n- (b) from the commencement, the person is a disqualified person.\n- (a) the application is withdrawn; and\n- (b) the reason for the withdrawal.","sortOrder":921},{"sectionNumber":"sec.609","sectionType":"section","heading":"Application to cancel negative notice not decided","content":"### sec.609 Application to cancel negative notice not decided\n\nThis section applies if—\nbefore the commencement of new section 304G, an application to cancel a negative notice had been made but not decided or withdrawn; and\nthe application was made more than 2 years after the negative notice was issued; and\nthe person who made the application is not a disqualified person.\nSee section 608 in relation to an application to cancel a negative notice made by a disqualified person.\nThe application to cancel the person’s negative notice must be decided under new chapter 8, part 4, division 9.\nSubject to subsection (4), anything done in relation to the application under former chapter 8, part 4, division 9 or former chapter 8, part 5, division 8 is taken to have been done in relation to the application under new chapter 8, part 4, division 9.\nIf the chief executive invited submissions from a person under former section 229 and the person made submissions to the chief executive, whether before or after the commencement, the chief executive may either—\ngive the person a written notice under new section 235 and consider any submissions made by the person under that section; or\ncancel the person’s negative notice.\ns 609 ins 2024 No. 50 s 120\namd 2025 No. 20 s 19\n(sec.609-ssec.1) This section applies if— before the commencement of new section 304G, an application to cancel a negative notice had been made but not decided or withdrawn; and the application was made more than 2 years after the negative notice was issued; and the person who made the application is not a disqualified person. See section 608 in relation to an application to cancel a negative notice made by a disqualified person.\n(sec.609-ssec.2) The application to cancel the person’s negative notice must be decided under new chapter 8, part 4, division 9.\n(sec.609-ssec.3) Subject to subsection (4), anything done in relation to the application under former chapter 8, part 4, division 9 or former chapter 8, part 5, division 8 is taken to have been done in relation to the application under new chapter 8, part 4, division 9.\n(sec.609-ssec.4) If the chief executive invited submissions from a person under former section 229 and the person made submissions to the chief executive, whether before or after the commencement, the chief executive may either— give the person a written notice under new section 235 and consider any submissions made by the person under that section; or cancel the person’s negative notice. s 609 ins 2024 No. 50 s 120 amd 2025 No. 20 s 19\n- (a) before the commencement of new section 304G, an application to cancel a negative notice had been made but not decided or withdrawn; and\n- (b) the application was made more than 2 years after the negative notice was issued; and\n- (c) the person who made the application is not a disqualified person. Note— See section 608 in relation to an application to cancel a negative notice made by a disqualified person.\n- (a) give the person a written notice under new section 235 and consider any submissions made by the person under that section; or\n- (b) cancel the person’s negative notice.","sortOrder":922},{"sectionNumber":"sec.610","sectionType":"section","heading":"Existing holders of negative notices","content":"### sec.610 Existing holders of negative notices\n\nThis section applies if—\na person holds a negative notice; and\nthe negative notice was issued before the commencement.\nDespite new section 304G(2)(a), the person may apply to cancel the negative notice under new section 304G if the application is made more than 2 years after the notice was issued.\ns 610 ins 2024 No. 50 s 120\n(sec.610-ssec.1) This section applies if— a person holds a negative notice; and the negative notice was issued before the commencement.\n(sec.610-ssec.2) Despite new section 304G(2)(a), the person may apply to cancel the negative notice under new section 304G if the application is made more than 2 years after the notice was issued.\n- (a) a person holds a negative notice; and\n- (b) the negative notice was issued before the commencement.","sortOrder":923},{"sectionNumber":"ch.11-pt.22-div.5","sectionType":"division","heading":"Regulated employment and regulated businesses","content":"## Regulated employment and regulated businesses","sortOrder":924},{"sectionNumber":"sec.611","sectionType":"section","heading":"Definition for division","content":"### sec.611 Definition for division\n\nIn this division—\namusement park includes a park that is permanent or temporary but does not include an amusement arcade.\ns 611 ins 2024 No. 50 s 120","sortOrder":925},{"sectionNumber":"sec.612","sectionType":"section","heading":"New regulated employment—legal support","content":"### sec.612 New regulated employment—legal support\n\nThis section applies if, immediately before the commencement—\na person was employed in employment, or was continuing in employment, mentioned in new schedule 1, section 6(1)(d); and\nunder former schedule 1, section 28A, chapter 7 of this Act did not apply to the employment of the person; and\nthe person does not hold a current working with children authority.\nSections 175, 176A, 176C and 176E do not apply in relation to the employment until—\n12 months after the commencement; or\nif the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.\ns 612 ins 2024 No. 50 s 120\n(sec.612-ssec.1) This section applies if, immediately before the commencement— a person was employed in employment, or was continuing in employment, mentioned in new schedule 1, section 6(1)(d); and under former schedule 1, section 28A, chapter 7 of this Act did not apply to the employment of the person; and the person does not hold a current working with children authority.\n(sec.612-ssec.2) Sections 175, 176A, 176C and 176E do not apply in relation to the employment until— 12 months after the commencement; or if the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.\n- (a) a person was employed in employment, or was continuing in employment, mentioned in new schedule 1, section 6(1)(d); and\n- (b) under former schedule 1, section 28A, chapter 7 of this Act did not apply to the employment of the person; and\n- (c) the person does not hold a current working with children authority.\n- (a) 12 months after the commencement; or\n- (b) if the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.","sortOrder":926},{"sectionNumber":"sec.613","sectionType":"section","heading":"New regulated employment—child accommodation services for overnight camps","content":"### sec.613 New regulated employment—child accommodation services for overnight camps\n\nThis section applies if, immediately before the commencement—\na person was employed in employment, or was continuing in employment, mentioned in new schedule 1, section 9(1)(b); and\nthe person does not hold a current working with children authority.\nSections 175, 176A, 176C and 176E do not apply in relation to the employment until—\n6 months after the commencement; or\nif the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.\ns 613 ins 2024 No. 50 s 120\n(sec.613-ssec.1) This section applies if, immediately before the commencement— a person was employed in employment, or was continuing in employment, mentioned in new schedule 1, section 9(1)(b); and the person does not hold a current working with children authority.\n(sec.613-ssec.2) Sections 175, 176A, 176C and 176E do not apply in relation to the employment until— 6 months after the commencement; or if the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.\n- (a) a person was employed in employment, or was continuing in employment, mentioned in new schedule 1, section 9(1)(b); and\n- (b) the person does not hold a current working with children authority.\n- (a) 6 months after the commencement; or\n- (b) if the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.","sortOrder":927},{"sectionNumber":"sec.614","sectionType":"section","heading":"New regulated employment—gyms and play facilities","content":"### sec.614 New regulated employment—gyms and play facilities\n\nThis section applies if, immediately before the commencement—\na person was employed in employment, or continuing in employment, mentioned in new schedule 1, section 11(1)(b); and\nthe person does not hold a current working with children authority.\nSections 175, 176A, 176C and 176E do not apply in relation to the employment until—\n6 months after the commencement; or\nif the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.\ns 614 ins 2024 No. 50 s 120\n(sec.614-ssec.1) This section applies if, immediately before the commencement— a person was employed in employment, or continuing in employment, mentioned in new schedule 1, section 11(1)(b); and the person does not hold a current working with children authority.\n(sec.614-ssec.2) Sections 175, 176A, 176C and 176E do not apply in relation to the employment until— 6 months after the commencement; or if the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.\n- (a) a person was employed in employment, or continuing in employment, mentioned in new schedule 1, section 11(1)(b); and\n- (b) the person does not hold a current working with children authority.\n- (a) 6 months after the commencement; or\n- (b) if the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.","sortOrder":928},{"sectionNumber":"sec.615","sectionType":"section","heading":"New regulated employment—employment taking place at amusement park","content":"### sec.615 New regulated employment—employment taking place at amusement park\n\nThis section applies if, immediately before the commencement—\na person was employed in employment, or was continuing in employment, mentioned in new schedule 1, section 11(1) or 11A; and\nthe employment took place at an amusement park; and\nthe person does not hold a current working with children authority.\nSections 175, 176A, 176C and 176E do not apply in relation to the employment until—\n12 months after the commencement; or\nif the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.\ns 615 ins 2024 No. 50 s 120\n(sec.615-ssec.1) This section applies if, immediately before the commencement— a person was employed in employment, or was continuing in employment, mentioned in new schedule 1, section 11(1) or 11A; and the employment took place at an amusement park; and the person does not hold a current working with children authority.\n(sec.615-ssec.2) Sections 175, 176A, 176C and 176E do not apply in relation to the employment until— 12 months after the commencement; or if the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.\n- (a) a person was employed in employment, or was continuing in employment, mentioned in new schedule 1, section 11(1) or 11A; and\n- (b) the employment took place at an amusement park; and\n- (c) the person does not hold a current working with children authority.\n- (a) 12 months after the commencement; or\n- (b) if the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.","sortOrder":929},{"sectionNumber":"sec.616","sectionType":"section","heading":"New regulated employment—entertainment, beauty and photography","content":"### sec.616 New regulated employment—entertainment, beauty and photography\n\nThis section applies if, immediately before the commencement—\na person was employed in employment, or was continuing in employment, mentioned in new schedule 1, section 11A; and\nthe employee does not hold a current working with children authority.\nSections 175, 176A, 176C and 176E do not apply in relation to the employment until—\n6 months after the commencement; or\nif the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.\ns 616 ins 2024 No. 50 s 120\n(sec.616-ssec.1) This section applies if, immediately before the commencement— a person was employed in employment, or was continuing in employment, mentioned in new schedule 1, section 11A; and the employee does not hold a current working with children authority.\n(sec.616-ssec.2) Sections 175, 176A, 176C and 176E do not apply in relation to the employment until— 6 months after the commencement; or if the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.\n- (a) a person was employed in employment, or was continuing in employment, mentioned in new schedule 1, section 11A; and\n- (b) the employee does not hold a current working with children authority.\n- (a) 6 months after the commencement; or\n- (b) if the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.","sortOrder":930},{"sectionNumber":"sec.617","sectionType":"section","heading":"New regulated businesses—legal support services","content":"### sec.617 New regulated businesses—legal support services\n\nThis section applies if, immediately before the commencement—\na person was carrying on a business mentioned in new schedule 1, section 16(1); and\nthe person is an Australian lawyer who may engage in legal practice in this State under the Legal Profession Act 2007 ; and\nthe person does not hold a working with children authority.\nSections 176B and 176G do not apply in relation to the person carrying on the business until—\n12 months after the commencement; or\nif the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.\ns 617 ins 2024 No. 50 s 120\n(sec.617-ssec.1) This section applies if, immediately before the commencement— a person was carrying on a business mentioned in new schedule 1, section 16(1); and the person is an Australian lawyer who may engage in legal practice in this State under the Legal Profession Act 2007 ; and the person does not hold a working with children authority.\n(sec.617-ssec.2) Sections 176B and 176G do not apply in relation to the person carrying on the business until— 12 months after the commencement; or if the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.\n- (a) a person was carrying on a business mentioned in new schedule 1, section 16(1); and\n- (b) the person is an Australian lawyer who may engage in legal practice in this State under the Legal Profession Act 2007 ; and\n- (c) the person does not hold a working with children authority.\n- (a) 12 months after the commencement; or\n- (b) if the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.","sortOrder":931},{"sectionNumber":"sec.618","sectionType":"section","heading":"New regulated businesses—educational services and activities conducted inside school","content":"### sec.618 New regulated businesses—educational services and activities conducted inside school\n\nThis section applies if, immediately before the commencement—\na person was carrying on a business mentioned in new schedule 1, section 18C; and\nthe person does not hold a working with children authority.\nSections 176B and 176G do not apply in relation to the person carrying on the business until—\n6 months after the commencement; or\nif the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.\ns 618 ins 2024 No. 50 s 120\n(sec.618-ssec.1) This section applies if, immediately before the commencement— a person was carrying on a business mentioned in new schedule 1, section 18C; and the person does not hold a working with children authority.\n(sec.618-ssec.2) Sections 176B and 176G do not apply in relation to the person carrying on the business until— 6 months after the commencement; or if the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.\n- (a) a person was carrying on a business mentioned in new schedule 1, section 18C; and\n- (b) the person does not hold a working with children authority.\n- (a) 6 months after the commencement; or\n- (b) if the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.","sortOrder":932},{"sectionNumber":"sec.619","sectionType":"section","heading":"New regulated businesses—child accommodation services for overnight camps","content":"### sec.619 New regulated businesses—child accommodation services for overnight camps\n\nThis section applies if, immediately before the commencement—\na person was carrying on a business mentioned in new schedule 1, section 21(1)(b); and\nthe person does not hold a working with children authority.\nSections 176B and 176G do not apply in relation to the person carrying on the business until—\n6 months after the commencement; or\nif the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.\ns 619 ins 2024 No. 50 s 120\n(sec.619-ssec.1) This section applies if, immediately before the commencement— a person was carrying on a business mentioned in new schedule 1, section 21(1)(b); and the person does not hold a working with children authority.\n(sec.619-ssec.2) Sections 176B and 176G do not apply in relation to the person carrying on the business until— 6 months after the commencement; or if the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.\n- (a) a person was carrying on a business mentioned in new schedule 1, section 21(1)(b); and\n- (b) the person does not hold a working with children authority.\n- (a) 6 months after the commencement; or\n- (b) if the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.","sortOrder":933},{"sectionNumber":"sec.620","sectionType":"section","heading":"New regulated businesses—gyms and play facilities","content":"### sec.620 New regulated businesses—gyms and play facilities\n\nThis section applies if, immediately before the commencement—\na person carrying on a business mentioned in new schedule 1, section 22(1)(b); and\nthe person does not hold a current working with children authority.\nSections 176B and 176G do not apply in relation to the person carrying on the business until—\n6 months after the commencement; or\nif the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.\ns 620 ins 2024 No. 50 s 120\n(sec.620-ssec.1) This section applies if, immediately before the commencement— a person carrying on a business mentioned in new schedule 1, section 22(1)(b); and the person does not hold a current working with children authority.\n(sec.620-ssec.2) Sections 176B and 176G do not apply in relation to the person carrying on the business until— 6 months after the commencement; or if the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn. s 620 ins 2024 No. 50 s 120\n- (a) a person carrying on a business mentioned in new schedule 1, section 22(1)(b); and\n- (b) the person does not hold a current working with children authority.\n- (a) 6 months after the commencement; or\n- (b) if the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.","sortOrder":934},{"sectionNumber":"sec.621","sectionType":"section","heading":"New regulated businesses—business taking place at amusement park","content":"### sec.621 New regulated businesses—business taking place at amusement park\n\nThis section applies if, immediately before the commencement—\na person was carrying on a business mentioned in new schedule 1, section 22(1) or 22A(1); and\nthe business took place at an amusement park; and\nthe person does not hold a working with children authority.\nSections 176B and 176G do not apply in relation to the person carrying on the business until—\n12 months after the commencement; or\nif the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.\ns 621 ins 2024 No. 50 s 120\n(sec.621-ssec.1) This section applies if, immediately before the commencement— a person was carrying on a business mentioned in new schedule 1, section 22(1) or 22A(1); and the business took place at an amusement park; and the person does not hold a working with children authority.\n(sec.621-ssec.2) Sections 176B and 176G do not apply in relation to the person carrying on the business until— 12 months after the commencement; or if the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.\n- (a) a person was carrying on a business mentioned in new schedule 1, section 22(1) or 22A(1); and\n- (b) the business took place at an amusement park; and\n- (c) the person does not hold a working with children authority.\n- (a) 12 months after the commencement; or\n- (b) if the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.","sortOrder":935},{"sectionNumber":"sec.622","sectionType":"section","heading":"New regulated businesses—entertainment, beauty and photography services","content":"### sec.622 New regulated businesses—entertainment, beauty and photography services\n\nThis section applies if, immediately before the commencement—\na person was carrying on a business mentioned in new schedule 1, section 22A(1); and\nthe person does not hold a working with children authority.\nSections 176B and 176G do not apply in relation to the person carrying on the business until—\n6 months after the commencement; or\nif the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.\ns 622 ins 2024 No. 50 s 120\n(sec.622-ssec.1) This section applies if, immediately before the commencement— a person was carrying on a business mentioned in new schedule 1, section 22A(1); and the person does not hold a working with children authority.\n(sec.622-ssec.2) Sections 176B and 176G do not apply in relation to the person carrying on the business until— 6 months after the commencement; or if the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.\n- (a) a person was carrying on a business mentioned in new schedule 1, section 22A(1); and\n- (b) the person does not hold a working with children authority.\n- (a) 6 months after the commencement; or\n- (b) if the person makes a working with children check application within the period mentioned in paragraph (a)—the application is decided or withdrawn.","sortOrder":936},{"sectionNumber":"sec.623","sectionType":"section","heading":"Proceedings for offences against ss 176I and 176J for particular types of restricted employment","content":"### sec.623 Proceedings for offences against ss 176I and 176J for particular types of restricted employment\n\nThis section applies in relation to an offence against section 176I or 176J if—\nthe offence was committed by a person before, or both before and after, the commencement; and\nunder former schedule 1, section 3(2)(b), 4(4), 4A(2), 5(2) or 11(2)(b), the restricted employment referred to in section 176I or 176J was not regulated employment.\nWithout limiting the Acts Interpretation Act 1954 , section 20 , a proceeding for the offence may be continued or started, and the person may be convicted of and punished for the offence, in accordance with this Act, as in force from time to time before the commencement.\nSubsection (2) applies despite the Criminal Code , section 11 .\ns 623 ins 2024 No. 50 s 120\n(sec.623-ssec.1) This section applies in relation to an offence against section 176I or 176J if— the offence was committed by a person before, or both before and after, the commencement; and under former schedule 1, section 3(2)(b), 4(4), 4A(2), 5(2) or 11(2)(b), the restricted employment referred to in section 176I or 176J was not regulated employment.\n(sec.623-ssec.2) Without limiting the Acts Interpretation Act 1954 , section 20 , a proceeding for the offence may be continued or started, and the person may be convicted of and punished for the offence, in accordance with this Act, as in force from time to time before the commencement.\n(sec.623-ssec.3) Subsection (2) applies despite the Criminal Code , section 11 .\n- (a) the offence was committed by a person before, or both before and after, the commencement; and\n- (b) under former schedule 1, section 3(2)(b), 4(4), 4A(2), 5(2) or 11(2)(b), the restricted employment referred to in section 176I or 176J was not regulated employment.","sortOrder":937},{"sectionNumber":"ch.11-pt.22-div.6","sectionType":"division","heading":"Reviews and appeals","content":"## Reviews and appeals","sortOrder":938},{"sectionNumber":"sec.624","sectionType":"section","heading":"Appeals not started on commencement","content":"### sec.624 Appeals not started on commencement\n\nThis section applies if—\nbefore the commencement, the chief executive or another person had a right to an appeal, under the QCAT Act , against a decision of QCAT relating to a chapter 8 reviewable decision; and\non the commencement—\nan appeal had not been commenced; and\nthe time for starting the appeal had not ended.\nIf the chief executive or another person appeals the decision of QCAT, the entity hearing the appeal must hear and decide the appeal as if the amendment Act had not been enacted, in relation to the subject matter of the appeal.\ns 624 ins 2024 No. 50 s 120\n(sec.624-ssec.1) This section applies if— before the commencement, the chief executive or another person had a right to an appeal, under the QCAT Act , against a decision of QCAT relating to a chapter 8 reviewable decision; and on the commencement— an appeal had not been commenced; and the time for starting the appeal had not ended.\n(sec.624-ssec.2) If the chief executive or another person appeals the decision of QCAT, the entity hearing the appeal must hear and decide the appeal as if the amendment Act had not been enacted, in relation to the subject matter of the appeal.\n- (a) before the commencement, the chief executive or another person had a right to an appeal, under the QCAT Act , against a decision of QCAT relating to a chapter 8 reviewable decision; and\n- (b) on the commencement— (i) an appeal had not been commenced; and (ii) the time for starting the appeal had not ended.\n- (i) an appeal had not been commenced; and\n- (ii) the time for starting the appeal had not ended.\n- (i) an appeal had not been commenced; and\n- (ii) the time for starting the appeal had not ended.","sortOrder":939},{"sectionNumber":"sec.625","sectionType":"section","heading":"Undecided reviews and appeals relating to negative notices","content":"### sec.625 Undecided reviews and appeals relating to negative notices\n\nThis section applies if, before the commencement—\nthe chief executive made a chapter 8 reviewable decision about a person as to whether there is an exceptional case for the person; and\nbecause of the decision, the chief executive—\nissued the person a negative notice; or\nrefused to cancel a negative notice issued to the person; and\nan application was made by a person under former section 354 for review of the decision; and\nthe application or appeal, and any proceeding in relation to the application or appeal, had not been decided or withdrawn.\nThe tribunal or court hearing the application or appeal must continue to hear and decide the appeal as if the amendment Act had not been enacted.\ns 625 ins 2024 No. 50 s 120\n(sec.625-ssec.1) This section applies if, before the commencement— the chief executive made a chapter 8 reviewable decision about a person as to whether there is an exceptional case for the person; and because of the decision, the chief executive— issued the person a negative notice; or refused to cancel a negative notice issued to the person; and an application was made by a person under former section 354 for review of the decision; and the application or appeal, and any proceeding in relation to the application or appeal, had not been decided or withdrawn.\n(sec.625-ssec.2) The tribunal or court hearing the application or appeal must continue to hear and decide the appeal as if the amendment Act had not been enacted.\n- (a) the chief executive made a chapter 8 reviewable decision about a person as to whether there is an exceptional case for the person; and\n- (b) because of the decision, the chief executive— (i) issued the person a negative notice; or (ii) refused to cancel a negative notice issued to the person; and\n- (i) issued the person a negative notice; or\n- (ii) refused to cancel a negative notice issued to the person; and\n- (c) an application was made by a person under former section 354 for review of the decision; and\n- (d) the application or appeal, and any proceeding in relation to the application or appeal, had not been decided or withdrawn.\n- (i) issued the person a negative notice; or\n- (ii) refused to cancel a negative notice issued to the person; and","sortOrder":940},{"sectionNumber":"sec.626","sectionType":"section","heading":"Application to chief executive for fresh decision about exceptional case","content":"### sec.626 Application to chief executive for fresh decision about exceptional case\n\nThis section applies if—\nbefore the commencement—\nthe chief executive made a chapter 8 reviewable decision about whether there is an exceptional case for a person (an exceptional case decision ); and\nbecause of the exceptional case decision the chief executive—\nissued the person a negative notice; or\nrefused to cancel a negative notice issued to the person; and\nthe person had not applied for a review of the exceptional case decision under former section 354; and\non the commencement, the time for starting a review of the exceptional case decision had not ended.\nThe person may apply to the chief executive for the exceptional case decision to be redetermined as if the application were a fresh application.\nAn application under subsection (2) must be made within 2 months after the commencement.\nAlso, the chief executive may redetermine the exceptional case decision on the chief executive’s own initiative.\nA decision of the chief executive under this section must be made under the amended Act.\nIf the person applies to QCAT for a review of the exceptional case decision QCAT must refuse the application.\ns 626 ins 2024 No. 50 s 120\n(sec.626-ssec.1) This section applies if— before the commencement— the chief executive made a chapter 8 reviewable decision about whether there is an exceptional case for a person (an exceptional case decision ); and because of the exceptional case decision the chief executive— issued the person a negative notice; or refused to cancel a negative notice issued to the person; and the person had not applied for a review of the exceptional case decision under former section 354; and on the commencement, the time for starting a review of the exceptional case decision had not ended.\n(sec.626-ssec.2) The person may apply to the chief executive for the exceptional case decision to be redetermined as if the application were a fresh application.\n(sec.626-ssec.3) An application under subsection (2) must be made within 2 months after the commencement.\n(sec.626-ssec.4) Also, the chief executive may redetermine the exceptional case decision on the chief executive’s own initiative.\n(sec.626-ssec.5) A decision of the chief executive under this section must be made under the amended Act.\n(sec.626-ssec.6) If the person applies to QCAT for a review of the exceptional case decision QCAT must refuse the application.\n- (a) before the commencement— (i) the chief executive made a chapter 8 reviewable decision about whether there is an exceptional case for a person (an exceptional case decision ); and (ii) because of the exceptional case decision the chief executive— (A) issued the person a negative notice; or (B) refused to cancel a negative notice issued to the person; and (iii) the person had not applied for a review of the exceptional case decision under former section 354; and\n- (i) the chief executive made a chapter 8 reviewable decision about whether there is an exceptional case for a person (an exceptional case decision ); and\n- (ii) because of the exceptional case decision the chief executive— (A) issued the person a negative notice; or (B) refused to cancel a negative notice issued to the person; and\n- (A) issued the person a negative notice; or\n- (B) refused to cancel a negative notice issued to the person; and\n- (iii) the person had not applied for a review of the exceptional case decision under former section 354; and\n- (b) on the commencement, the time for starting a review of the exceptional case decision had not ended.\n- (i) the chief executive made a chapter 8 reviewable decision about whether there is an exceptional case for a person (an exceptional case decision ); and\n- (ii) because of the exceptional case decision the chief executive— (A) issued the person a negative notice; or (B) refused to cancel a negative notice issued to the person; and\n- (A) issued the person a negative notice; or\n- (B) refused to cancel a negative notice issued to the person; and\n- (iii) the person had not applied for a review of the exceptional case decision under former section 354; and\n- (A) issued the person a negative notice; or\n- (B) refused to cancel a negative notice issued to the person; and","sortOrder":941},{"sectionNumber":"ch.11-pt.22-div.7","sectionType":"division","heading":"Other provisions relating to working with children framework","content":"## Other provisions relating to working with children framework","sortOrder":942},{"sectionNumber":"sec.627","sectionType":"section","heading":"Disqualifying offences and serious offences committed before the commencement","content":"### sec.627 Disqualifying offences and serious offences committed before the commencement\n\nNew section 15 applies in relation to an offence committed, or alleged to have been committed, before or after the commencement.\nNew section 16 applies in relation to an offence committed, or alleged to have been committed, before or after the commencement.\ns 627 ins 2024 No. 50 s 120\n(sec.627-ssec.1) New section 15 applies in relation to an offence committed, or alleged to have been committed, before or after the commencement.\n(sec.627-ssec.2) New section 16 applies in relation to an offence committed, or alleged to have been committed, before or after the commencement. s 627 ins 2024 No. 50 s 120","sortOrder":943},{"sectionNumber":"sec.628","sectionType":"section","heading":"Disclosable matters occurring before the commencement","content":"### sec.628 Disclosable matters occurring before the commencement\n\nA matter is a disclosable matter under section 186 regardless of whether the matter happened before or after the commencement.\ns 628 ins 2024 No. 50 s 120","sortOrder":944},{"sectionNumber":"sec.629","sectionType":"section","heading":"Proceedings for offences against former ss 176K and 176L","content":"### sec.629 Proceedings for offences against former ss 176K and 176L\n\nThis section applies in relation to an offence against former section 176K or 176L committed by a person before the commencement.\nWithout limiting the Acts Interpretation Act 1954 , section 20 , a proceeding for the offence may be continued, and the person may be convicted of and punished for the offence, as if the amendment Act had not been enacted.\nSubsection (2) applies despite the Criminal Code , section 11 .\ns 629 ins 2024 No. 50 s 120\n(sec.629-ssec.1) This section applies in relation to an offence against former section 176K or 176L committed by a person before the commencement.\n(sec.629-ssec.2) Without limiting the Acts Interpretation Act 1954 , section 20 , a proceeding for the offence may be continued, and the person may be convicted of and punished for the offence, as if the amendment Act had not been enacted.\n(sec.629-ssec.3) Subsection (2) applies despite the Criminal Code , section 11 . s 629 ins 2024 No. 50 s 120","sortOrder":945},{"sectionNumber":"sec.630","sectionType":"section","heading":"Existing applications","content":"### sec.630 Existing applications\n\nThis section applies if, immediately before the commencement, a working with children check application had not been decided or withdrawn.\nThe application must be decided under new chapter 8, part 4, division 9.\nSubject to subsection (4), anything done in relation to the application under former chapter 8, part 4, division 9 or former chapter 8, part 5, division 8 is taken to have been done in relation to the application under new chapter 8, part 4, division 9.\nIf the chief executive invited submissions from a person under former section 229 and the person made submissions to the chief executive, whether before or after the commencement, the chief executive may either—\ngive the person a written notice under new section 235 and consider any submissions made by the person under that section; or\nissue a working with children authority.\nIf the chief executive gave the applicant a notice mentioned in former section 198(a) and on the commencement the time for complying with the notice has not ended, former section 198 continues to apply to the person and the chief executive as if the amendment Act had not been enacted.\ns 630 ins 2024 No. 50 s 120\n(sec.630-ssec.1) This section applies if, immediately before the commencement, a working with children check application had not been decided or withdrawn.\n(sec.630-ssec.2) The application must be decided under new chapter 8, part 4, division 9.\n(sec.630-ssec.3) Subject to subsection (4), anything done in relation to the application under former chapter 8, part 4, division 9 or former chapter 8, part 5, division 8 is taken to have been done in relation to the application under new chapter 8, part 4, division 9.\n(sec.630-ssec.4) If the chief executive invited submissions from a person under former section 229 and the person made submissions to the chief executive, whether before or after the commencement, the chief executive may either— give the person a written notice under new section 235 and consider any submissions made by the person under that section; or issue a working with children authority.\n(sec.630-ssec.5) If the chief executive gave the applicant a notice mentioned in former section 198(a) and on the commencement the time for complying with the notice has not ended, former section 198 continues to apply to the person and the chief executive as if the amendment Act had not been enacted.\n- (a) give the person a written notice under new section 235 and consider any submissions made by the person under that section; or\n- (b) issue a working with children authority.","sortOrder":946},{"sectionNumber":"sec.631","sectionType":"section","heading":"Information relevant to whether to suspend authority about event or change before commencement","content":"### sec.631 Information relevant to whether to suspend authority about event or change before commencement\n\nThis section applies if the chief executive becomes aware of information about a person that—\nis information mentioned in new section 295(2)(a); and\nrelates to an event or change that occurred before the commencement.\nThe chief executive may use the information for the purposes of deciding whether to suspend the person’s working with children authority under new chapter 8, part 5A, division 2.\nFor subsection (1), it is does not matter whether the chief executive became aware of the information before or after the commencement.\ns 631 ins 2024 No. 50 s 120\n(sec.631-ssec.1) This section applies if the chief executive becomes aware of information about a person that— is information mentioned in new section 295(2)(a); and relates to an event or change that occurred before the commencement.\n(sec.631-ssec.2) The chief executive may use the information for the purposes of deciding whether to suspend the person’s working with children authority under new chapter 8, part 5A, division 2.\n(sec.631-ssec.3) For subsection (1), it is does not matter whether the chief executive became aware of the information before or after the commencement.\n- (a) is information mentioned in new section 295(2)(a); and\n- (b) relates to an event or change that occurred before the commencement.","sortOrder":947},{"sectionNumber":"sec.632","sectionType":"section","heading":"Application to cancel suspended authority","content":"### sec.632 Application to cancel suspended authority\n\nThis section applies if—\nbefore the commencement—\na person was given a suspension notice under section 296(1); and\nthe person made an application under former section 300(1)(b); and\non the commencement the application had not been decided or withdrawn.\nThe application is taken to be an application under new section 300A and must be decided under new section 300.\nSubject to subsection (4), anything done in relation to the application under the former part 5A, division 2, former part 4, division 9 or former part 5, division 8 is taken to have been done in relation to the application under new part 5A, division 2 or new part 4, division 9.\nIf the chief executive invited submissions from a person under former section 229 and the person made submissions to the chief executive, whether before or after the commencement, the chief executive may either—\ngive the person a written notice under new section 235 and consider any submissions made by the person under that section; or\nissue a working with children authority.\ns 632 ins 2024 No. 50 s 120\n(sec.632-ssec.1) This section applies if— before the commencement— a person was given a suspension notice under section 296(1); and the person made an application under former section 300(1)(b); and on the commencement the application had not been decided or withdrawn.\n(sec.632-ssec.2) The application is taken to be an application under new section 300A and must be decided under new section 300.\n(sec.632-ssec.3) Subject to subsection (4), anything done in relation to the application under the former part 5A, division 2, former part 4, division 9 or former part 5, division 8 is taken to have been done in relation to the application under new part 5A, division 2 or new part 4, division 9.\n(sec.632-ssec.4) If the chief executive invited submissions from a person under former section 229 and the person made submissions to the chief executive, whether before or after the commencement, the chief executive may either— give the person a written notice under new section 235 and consider any submissions made by the person under that section; or issue a working with children authority. s 632 ins 2024 No. 50 s 120\n- (a) before the commencement— (i) a person was given a suspension notice under section 296(1); and (ii) the person made an application under former section 300(1)(b); and\n- (i) a person was given a suspension notice under section 296(1); and\n- (ii) the person made an application under former section 300(1)(b); and\n- (b) on the commencement the application had not been decided or withdrawn.\n- (i) a person was given a suspension notice under section 296(1); and\n- (ii) the person made an application under former section 300(1)(b); and\n- (a) give the person a written notice under new section 235 and consider any submissions made by the person under that section; or\n- (b) issue a working with children authority.","sortOrder":948},{"sectionNumber":"sec.633","sectionType":"section","heading":"Application made after commencement to end suspended authority","content":"### sec.633 Application made after commencement to end suspended authority\n\nThis section applies if, before the commencement—\na person was given a suspension notice under section 296(1); and\nthe person had not made an application under former section 300(1)(b).\nIf the person makes an application under new section 300A to end the suspension of the person’s authority, the period from the notice being given under section 296(1) to the commencement is taken to form part of the 6 month period referred to in section 300A(1).\ns 633 ins 2024 No. 50 s 120\n(sec.633-ssec.1) This section applies if, before the commencement— a person was given a suspension notice under section 296(1); and the person had not made an application under former section 300(1)(b).\n(sec.633-ssec.2) If the person makes an application under new section 300A to end the suspension of the person’s authority, the period from the notice being given under section 296(1) to the commencement is taken to form part of the 6 month period referred to in section 300A(1).\n- (a) a person was given a suspension notice under section 296(1); and\n- (b) the person had not made an application under former section 300(1)(b).","sortOrder":949},{"sectionNumber":"sec.634","sectionType":"section","heading":"Proposed decision under ch 8, pt 5A","content":"### sec.634 Proposed decision under ch 8, pt 5A\n\nThis section applies if the chief executive, before the commencement—\nwas proposing to make a decision mentioned in section 294(1) in relation to a person; and\nhad not made the decision.\nThe amended Act applies for making the decision.\nSubject to subsection (4), anything done in relation to the application under former chapter 8 is taken to have been done in relation to the application under new chapter 8.\nIf the chief executive invited submissions from a person under former section 229 and the person made submissions to the chief executive, whether before or after the commencement, the chief executive may either—\ngive the person a written notice under new section 235 and consider any submissions made by the person under that section; or\nissue a working with children authority.\ns 634 ins 2024 No. 50 s 120\n(sec.634-ssec.1) This section applies if the chief executive, before the commencement— was proposing to make a decision mentioned in section 294(1) in relation to a person; and had not made the decision.\n(sec.634-ssec.2) The amended Act applies for making the decision.\n(sec.634-ssec.3) Subject to subsection (4), anything done in relation to the application under former chapter 8 is taken to have been done in relation to the application under new chapter 8.\n(sec.634-ssec.4) If the chief executive invited submissions from a person under former section 229 and the person made submissions to the chief executive, whether before or after the commencement, the chief executive may either— give the person a written notice under new section 235 and consider any submissions made by the person under that section; or issue a working with children authority.\n- (a) was proposing to make a decision mentioned in section 294(1) in relation to a person; and\n- (b) had not made the decision.\n- (a) give the person a written notice under new section 235 and consider any submissions made by the person under that section; or\n- (b) issue a working with children authority.","sortOrder":950},{"sectionNumber":"ch.11-pt.22-div.8","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":951},{"sectionNumber":"sec.635","sectionType":"section","heading":"Transitional regulation-making power","content":"### sec.635 Transitional regulation-making power\n\nA regulation (a transitional regulation ) may make provision about a matter for which—\nit is necessary to make provision to allow or facilitate the doing of anything to achieve the transition from the operation of this Act as in force before its amendment by the amendment Act to the operation the amended Act; and\nthis Act does not provide or sufficiently provide.\nA transitional regulation may have retrospective operation to a day not earlier than the day this section commences.\nA transitional regulation must declare it is a transitional regulation.\nThis section and any transitional regulation expire on the day that is 2 years after the day this section commences.\ns 635 ins 2024 No. 50 s 120\nexp 20 September 2027 (see s 635(4))\n(sec.635-ssec.1) A regulation (a transitional regulation ) may make provision about a matter for which— it is necessary to make provision to allow or facilitate the doing of anything to achieve the transition from the operation of this Act as in force before its amendment by the amendment Act to the operation the amended Act; and this Act does not provide or sufficiently provide.\n(sec.635-ssec.2) A transitional regulation may have retrospective operation to a day not earlier than the day this section commences.\n(sec.635-ssec.3) A transitional regulation must declare it is a transitional regulation.\n(sec.635-ssec.4) This section and any transitional regulation expire on the day that is 2 years after the day this section commences.\n- (a) it is necessary to make provision to allow or facilitate the doing of anything to achieve the transition from the operation of this Act as in force before its amendment by the amendment Act to the operation the amended Act; and\n- (b) this Act does not provide or sufficiently provide.","sortOrder":952},{"sectionNumber":"ch.11-pt.23","sectionType":"part","heading":"Transitional provision for Child Safe Organisations Act 2024","content":"# Transitional provision for Child Safe Organisations Act 2024","sortOrder":953},{"sectionNumber":"sec.636","sectionType":"section","heading":"Proceedings for offences against former ss 171 or 172","content":"### sec.636 Proceedings for offences against former ss 171 or 172\n\nThis section applies in relation to an offence against former section 171 or 172 committed by a person before the commencement.\nWithout limiting the Acts Interpretation Act 1954 , section 20, a proceeding for the offence may be started or continued, and the person may be convicted of and punished for the offence, as if the Child Safe Organisations Act 2024 , section 127 had not commenced.\nSubsection (2) applies despite the Criminal Code, section 11.\nIn this section—\nformer , for a provision of this Act, means the provision as in force from time to time before the commencement.\ns 636 ins 2024 No. 49 s 129\n(sec.636-ssec.1) This section applies in relation to an offence against former section 171 or 172 committed by a person before the commencement.\n(sec.636-ssec.2) Without limiting the Acts Interpretation Act 1954 , section 20, a proceeding for the offence may be started or continued, and the person may be convicted of and punished for the offence, as if the Child Safe Organisations Act 2024 , section 127 had not commenced.\n(sec.636-ssec.3) Subsection (2) applies despite the Criminal Code, section 11.\n(sec.636-ssec.4) In this section— former , for a provision of this Act, means the provision as in force from time to time before the commencement.","sortOrder":954},{"sectionNumber":"sch.1-pt.1","sectionType":"part","heading":"Regulated employment","content":"# Regulated employment","sortOrder":955},{"sectionNumber":"sch.1-sec.1","sectionType":"section","heading":"Residential facilities","content":"### sch.1-sec.1 Residential facilities\n\nEmployment is regulated employment if any of the usual functions of the employment is carried out, or is likely to be carried out, inside—\na residential facility; or\nanother place, other than a residential facility, at which a child accommodation service is provided under funding provided by the Commonwealth or by the department in which the Education (General Provisions) Act 2006 is administered.\nsch 1 s 1 sub 2004 No. 49 s 50 (1)\namd 2006 No. 17 s 56 (1) ; 2006 No. 39 s 512 (1) sch 1 ; 2010 No. 5 s 65 (2) ; 2024 No. 50 s 121\n(sch.1-sec.1-ssec) Employment is regulated employment if any of the usual functions of the employment is carried out, or is likely to be carried out, inside— a residential facility; or another place, other than a residential facility, at which a child accommodation service is provided under funding provided by the Commonwealth or by the department in which the Education (General Provisions) Act 2006 is administered.\n- (a) a residential facility; or\n- (b) another place, other than a residential facility, at which a child accommodation service is provided under funding provided by the Commonwealth or by the department in which the Education (General Provisions) Act 2006 is administered.","sortOrder":956},{"sectionNumber":"sch.1-sec.2","sectionType":"section","heading":"Schools—boarding facilities","content":"### sch.1-sec.2 Schools—boarding facilities\n\nEmployment is regulated employment if—\nany of the usual functions of the employment is carried out, or is likely to be carried out, inside a boarding facility at a school; and\nthe employee is not an approved teacher.\nsch 1 s 2 amd 2010 No. 5 s 65 (3)\n- (a) any of the usual functions of the employment is carried out, or is likely to be carried out, inside a boarding facility at a school; and\n- (b) the employee is not an approved teacher.","sortOrder":957},{"sectionNumber":"sch.1-sec.3","sectionType":"section","heading":"Schools—employees other than teachers","content":"### sch.1-sec.3 Schools—employees other than teachers\n\nEmployment is regulated employment if any of the usual functions of the employment take place—\nin an area of a school—\nin which children are being educated and cared for; or\nthat is accessible to children; and\nat a time when children are ordinarily present.\nHowever, employment mentioned in subsection (1) is not regulated employment if—\nthe employee is an approved teacher; or\nthe employment involves undertaking work—\nthat is not directed towards children; and\nthe nature of which does not permit or facilitate contact with children, other than incidental contact.\nTo the extent of an inconsistency between this section and section 4 (1) (b) of this schedule, this section prevails.\nsch 1 s 3 sub 2004 No. 49 s 50 (2)\namd 2010 No. 5 s 65 (3)\nsub 2024 No. 50 s 122\n(sch.1-sec.3-ssec.1) Employment is regulated employment if any of the usual functions of the employment take place— in an area of a school— in which children are being educated and cared for; or that is accessible to children; and at a time when children are ordinarily present.\n(sch.1-sec.3-ssec.2) However, employment mentioned in subsection (1) is not regulated employment if— the employee is an approved teacher; or the employment involves undertaking work— that is not directed towards children; and the nature of which does not permit or facilitate contact with children, other than incidental contact.\n(sch.1-sec.3-ssec.3) To the extent of an inconsistency between this section and section 4 (1) (b) of this schedule, this section prevails.\n- (a) in an area of a school— (i) in which children are being educated and cared for; or (ii) that is accessible to children; and\n- (i) in which children are being educated and cared for; or\n- (ii) that is accessible to children; and\n- (b) at a time when children are ordinarily present.\n- (i) in which children are being educated and cared for; or\n- (ii) that is accessible to children; and\n- (a) the employee is an approved teacher; or\n- (b) the employment involves undertaking work— (i) that is not directed towards children; and (ii) the nature of which does not permit or facilitate contact with children, other than incidental contact.\n- (i) that is not directed towards children; and\n- (ii) the nature of which does not permit or facilitate contact with children, other than incidental contact.\n- (i) that is not directed towards children; and\n- (ii) the nature of which does not permit or facilitate contact with children, other than incidental contact.","sortOrder":958},{"sectionNumber":"sch.1-sec.4","sectionType":"section","heading":"Education and care services and similar employment","content":"### sch.1-sec.4 Education and care services and similar employment\n\nEmployment is regulated employment if—\nit is employment as an educator or carer in, or staff member of, an education and care service or a QEC service; or\nany of the usual functions of the employment are carried out, or are likely to be carried out at education and care service premises or QEC service premises while children are being educated and cared for at the premises; or\nthe usual functions of the employment include, or are likely to include, providing education and care to children in the course of a commercial service other than an education and care service or a QEC service.\nIf an adult is an occupant of a home in which a home-based stand-alone care service that is employment mentioned in subsection (1) is provided—\nthe adult is taken to be a volunteer who is employed in regulated employment; and\nthe carer who provides the service is taken to be the person who employs the adult in the regulated employment.\nIf an adult is an occupant of a family day care residence in which employment mentioned in subsection (1) is provided—\nthe adult is taken to be a volunteer who is employed in regulated employment; and\nthe approved provider under the Education and Care Services National Law (Queensland) of the family day care service provided in the residence is taken to be the person who employs the adult in the regulated employment.\nsch 1 s 4 (prev sch 1 s 3A) ins 2002 No. 55 s 196 sch 1\nrenum 2010 No. 5 s 65 (28)\namd 2011 No. 38 s 61 (1) ; 2013 No. 14 s 54 sch\nsub 2013 No. 44 s 264 ; 2019 No. 18 s 67\namd 2024 No. 50 s 123\n(sch.1-sec.4-ssec.1) Employment is regulated employment if— it is employment as an educator or carer in, or staff member of, an education and care service or a QEC service; or any of the usual functions of the employment are carried out, or are likely to be carried out at education and care service premises or QEC service premises while children are being educated and cared for at the premises; or the usual functions of the employment include, or are likely to include, providing education and care to children in the course of a commercial service other than an education and care service or a QEC service.\n(sch.1-sec.4-ssec.2) If an adult is an occupant of a home in which a home-based stand-alone care service that is employment mentioned in subsection (1) is provided— the adult is taken to be a volunteer who is employed in regulated employment; and the carer who provides the service is taken to be the person who employs the adult in the regulated employment.\n(sch.1-sec.4-ssec.3) If an adult is an occupant of a family day care residence in which employment mentioned in subsection (1) is provided— the adult is taken to be a volunteer who is employed in regulated employment; and the approved provider under the Education and Care Services National Law (Queensland) of the family day care service provided in the residence is taken to be the person who employs the adult in the regulated employment.\n- (a) it is employment as an educator or carer in, or staff member of, an education and care service or a QEC service; or\n- (b) any of the usual functions of the employment are carried out, or are likely to be carried out at education and care service premises or QEC service premises while children are being educated and cared for at the premises; or\n- (c) the usual functions of the employment include, or are likely to include, providing education and care to children in the course of a commercial service other than an education and care service or a QEC service.\n- (a) the adult is taken to be a volunteer who is employed in regulated employment; and\n- (b) the carer who provides the service is taken to be the person who employs the adult in the regulated employment.\n- (a) the adult is taken to be a volunteer who is employed in regulated employment; and\n- (b) the approved provider under the Education and Care Services National Law (Queensland) of the family day care service provided in the residence is taken to be the person who employs the adult in the regulated employment.","sortOrder":959},{"sectionNumber":"sch.1-sec.4A","sectionType":"section","heading":"Child care and similar employment","content":"### sch.1-sec.4A Child care and similar employment\n\nEmployment is regulated employment if any of the usual functions of the employment include or are likely to include providing child care in the course of a commercial service.\na babysitting service\na nanny service\na service conducted by a hotel or resort to provide child care to children who are short-term guests\nsch 1 s 4A ins 2011 No. 38 s 61 (2)\nsub 2013 No. 44 s 265 ; 2019 No. 18 s 67\namd 2024 No. 50 s 124\n(sch.1-sec.4A-ssec) Employment is regulated employment if any of the usual functions of the employment include or are likely to include providing child care in the course of a commercial service. a babysitting service a nanny service a service conducted by a hotel or resort to provide child care to children who are short-term guests\n- • a babysitting service\n- • a nanny service\n- • a service conducted by a hotel or resort to provide child care to children who are short-term guests","sortOrder":960},{"sectionNumber":"sch.1-sec.4B","sectionType":"section","heading":"Justice and detention services","content":"### sch.1-sec.4B Justice and detention services\n\nEmployment is regulated employment if any of the usual functions of the employment—\nare carried out, or are likely to be carried out, at a detention centre established under the Youth Justice Act 1992 , section 262 ; or\ninclude, or are likely to include, supervising and monitoring a child on any of the following orders that may be made or imposed by a court under the Youth Justice Act 1992 —\na community based order;\na supervised release order;\nany other order made or imposed by a court under that Act.\nsch 1 s 4B ins 2024 No. 50 s 125\n- (a) are carried out, or are likely to be carried out, at a detention centre established under the Youth Justice Act 1992 , section 262 ; or\n- (b) include, or are likely to include, supervising and monitoring a child on any of the following orders that may be made or imposed by a court under the Youth Justice Act 1992 — (i) a community based order; (ii) a supervised release order; (iii) any other order made or imposed by a court under that Act.\n- (i) a community based order;\n- (ii) a supervised release order;\n- (iii) any other order made or imposed by a court under that Act.\n- (i) a community based order;\n- (ii) a supervised release order;\n- (iii) any other order made or imposed by a court under that Act.","sortOrder":961},{"sectionNumber":"sch.1-sec.5","sectionType":"section","heading":"Churches, clubs and associations involving children","content":"### sch.1-sec.5 Churches, clubs and associations involving children\n\nEmployment is regulated employment if—\nthe usual functions of the employment include, or are likely to include—\nproviding services directed mainly towards children; or\nconducting activities mainly involving children; or\nengaging in decision-making in relation to children as a member of an executive committee; and\nthe services are provided, the activities are conducted, or the decision-making is engaged in, by or within a church, club, association or similar entity.\nSee section 156 of this Act for circumstances in which a parent is not in regulated employment.\nIn this section—\nexecutive committee means a group or body of people, by whatever name called, that manages the affairs of the church, club or association relating to children.\nsch 1 s 5 (prev sch 1 s 4) amd 2002 No. 55 s 196 sch 1 ; 2010 No. 5 s 65 (4)\nrenum 2010 No. 5 s 65 (28)\nsub 2024 No. 50 s 126\n(sch.1-sec.5-ssec.1) Employment is regulated employment if— the usual functions of the employment include, or are likely to include— providing services directed mainly towards children; or conducting activities mainly involving children; or engaging in decision-making in relation to children as a member of an executive committee; and the services are provided, the activities are conducted, or the decision-making is engaged in, by or within a church, club, association or similar entity. See section 156 of this Act for circumstances in which a parent is not in regulated employment.\n(sch.1-sec.5-ssec.2) In this section— executive committee means a group or body of people, by whatever name called, that manages the affairs of the church, club or association relating to children.\n- (a) the usual functions of the employment include, or are likely to include— (i) providing services directed mainly towards children; or (ii) conducting activities mainly involving children; or (iii) engaging in decision-making in relation to children as a member of an executive committee; and\n- (i) providing services directed mainly towards children; or\n- (ii) conducting activities mainly involving children; or\n- (iii) engaging in decision-making in relation to children as a member of an executive committee; and\n- (b) the services are provided, the activities are conducted, or the decision-making is engaged in, by or within a church, club, association or similar entity.\n- (i) providing services directed mainly towards children; or\n- (ii) conducting activities mainly involving children; or\n- (iii) engaging in decision-making in relation to children as a member of an executive committee; and","sortOrder":962},{"sectionNumber":"sch.1-sec.6","sectionType":"section","heading":"Health, counselling and support services","content":"### sch.1-sec.6 Health, counselling and support services\n\nEmployment is regulated employment if the usual functions of the employment include, or are likely to include, an employee providing 1 or more of the following—\na health service to a child at a health facility—\nif services provided at the facility are provided only or mainly to children; or\na children’s hospital, a child health clinic\nif the employee’s employment involves providing services only or mainly to children;\na person whose employment involves only or mainly providing a health service in the paediatric section of a hospital\na person whose employment involves only or mainly operating child health screening at a community health facility\na health service to a child other than at a health facility—\nthat, by its nature, requires physical contact with the child; or\na person providing massage services to children\nif the employee is physically present with the child while no-one else is present;\na counselling service to a child—\nif the employee is physically present with the child while no-one else is present; or\nif the employee is not physically present with the child;\na counselling service that involves an internet or telephone help line service that provides help to children to resolve personal problems or difficulties\na support service to a child—\nif the employee is physically present with the child while no-one else is present; or\nif the employee is not physically present with the child.\na support service providing emotional support for child victims or witnesses in connection with court or other legal proceedings\na person who is an Australian lawyer providing a support service to a child in connection with court or other legal proceedings\nHowever, employment mentioned in subsection (1) is not regulated employment if—\nthe employee is an approved teacher and the employment is part of the employee’s duties for the school that employs the employee; or\nthe employee is providing the service as part of the employee’s employment with a licensed care service.\nIn this section—\ncounselling service means a service that provides or purports to provide, on a professional basis, help or guidance to persons to resolve personal, social or emotional problems or difficulties.\nhealth service means any of the following—\na service for maintaining, improving, restoring or caring for a person’s health or wellbeing, including, for example, the following—\na service providing personal care to a person who is ill, injured or otherwise infirm;\nhelp with personal hygiene\nhelp with dressing\nservices provided by an assistant in a ward of a hospital, including lifting and turning bedridden patients and moving patients from a place to another place\na service providing respite care;\na service provided by a practitioner of hypnosis, naturopathy, acupuncture or another form of natural or alternative health care;\na massage service, including a massage service for relaxation;\na service provided by a health student in the student’s capacity as a health student;\na service prescribed under a regulation to be a health service.\nsupport service means a service that provides emotional support, legal support, mentoring or pastoral care.\nsch 1 s 6 (prev sch 1 s 5) sub 2004 No. 49 s 50 (3)\namd 2006 No. 17 s 56 (2)\nsub 2007 No. 40 s 6 (1)\namd 2010 No. 5 s 65 (5) – (14)\nrenum 2010 No. 5 s 65 (28)\namd 2016 No. 9 s 61 (1) – (3) ; 2019 No. 19 s 79 ; 2019 No. 18 s 68 ; 2020 No. 39 s 60 ; 2024 No. 50 s 127\n(sch.1-sec.6-ssec.1) Employment is regulated employment if the usual functions of the employment include, or are likely to include, an employee providing 1 or more of the following— a health service to a child at a health facility— if services provided at the facility are provided only or mainly to children; or a children’s hospital, a child health clinic if the employee’s employment involves providing services only or mainly to children; a person whose employment involves only or mainly providing a health service in the paediatric section of a hospital a person whose employment involves only or mainly operating child health screening at a community health facility a health service to a child other than at a health facility— that, by its nature, requires physical contact with the child; or a person providing massage services to children if the employee is physically present with the child while no-one else is present; a counselling service to a child— if the employee is physically present with the child while no-one else is present; or if the employee is not physically present with the child; a counselling service that involves an internet or telephone help line service that provides help to children to resolve personal problems or difficulties a support service to a child— if the employee is physically present with the child while no-one else is present; or if the employee is not physically present with the child. a support service providing emotional support for child victims or witnesses in connection with court or other legal proceedings a person who is an Australian lawyer providing a support service to a child in connection with court or other legal proceedings\n(sch.1-sec.6-ssec.2) However, employment mentioned in subsection (1) is not regulated employment if— the employee is an approved teacher and the employment is part of the employee’s duties for the school that employs the employee; or the employee is providing the service as part of the employee’s employment with a licensed care service.\n(sch.1-sec.6-ssec.3) In this section— counselling service means a service that provides or purports to provide, on a professional basis, help or guidance to persons to resolve personal, social or emotional problems or difficulties. health service means any of the following— a service for maintaining, improving, restoring or caring for a person’s health or wellbeing, including, for example, the following— a service providing personal care to a person who is ill, injured or otherwise infirm; help with personal hygiene help with dressing services provided by an assistant in a ward of a hospital, including lifting and turning bedridden patients and moving patients from a place to another place a service providing respite care; a service provided by a practitioner of hypnosis, naturopathy, acupuncture or another form of natural or alternative health care; a massage service, including a massage service for relaxation; a service provided by a health student in the student’s capacity as a health student; a service prescribed under a regulation to be a health service. support service means a service that provides emotional support, legal support, mentoring or pastoral care.\n- (a) a health service to a child at a health facility— (i) if services provided at the facility are provided only or mainly to children; or Examples of health facilities for subparagraph (i) — a children’s hospital, a child health clinic (ii) if the employee’s employment involves providing services only or mainly to children; Examples for subparagraph (ii) — • a person whose employment involves only or mainly providing a health service in the paediatric section of a hospital • a person whose employment involves only or mainly operating child health screening at a community health facility\n- (i) if services provided at the facility are provided only or mainly to children; or Examples of health facilities for subparagraph (i) — a children’s hospital, a child health clinic\n- (ii) if the employee’s employment involves providing services only or mainly to children; Examples for subparagraph (ii) — • a person whose employment involves only or mainly providing a health service in the paediatric section of a hospital • a person whose employment involves only or mainly operating child health screening at a community health facility\n- • a person whose employment involves only or mainly providing a health service in the paediatric section of a hospital\n- • a person whose employment involves only or mainly operating child health screening at a community health facility\n- (b) a health service to a child other than at a health facility— (i) that, by its nature, requires physical contact with the child; or Example for subparagraph (i) — a person providing massage services to children (ii) if the employee is physically present with the child while no-one else is present;\n- (i) that, by its nature, requires physical contact with the child; or Example for subparagraph (i) — a person providing massage services to children\n- (ii) if the employee is physically present with the child while no-one else is present;\n- (c) a counselling service to a child— (i) if the employee is physically present with the child while no-one else is present; or (ii) if the employee is not physically present with the child; Example for subparagraph (ii) — a counselling service that involves an internet or telephone help line service that provides help to children to resolve personal problems or difficulties\n- (i) if the employee is physically present with the child while no-one else is present; or\n- (ii) if the employee is not physically present with the child; Example for subparagraph (ii) — a counselling service that involves an internet or telephone help line service that provides help to children to resolve personal problems or difficulties\n- (d) a support service to a child— (i) if the employee is physically present with the child while no-one else is present; or (ii) if the employee is not physically present with the child. Examples for paragraph (d) — • a support service providing emotional support for child victims or witnesses in connection with court or other legal proceedings • a person who is an Australian lawyer providing a support service to a child in connection with court or other legal proceedings\n- (i) if the employee is physically present with the child while no-one else is present; or\n- (ii) if the employee is not physically present with the child.\n- • a support service providing emotional support for child victims or witnesses in connection with court or other legal proceedings\n- • a person who is an Australian lawyer providing a support service to a child in connection with court or other legal proceedings\n- (i) if services provided at the facility are provided only or mainly to children; or Examples of health facilities for subparagraph (i) — a children’s hospital, a child health clinic\n- (ii) if the employee’s employment involves providing services only or mainly to children; Examples for subparagraph (ii) — • a person whose employment involves only or mainly providing a health service in the paediatric section of a hospital • a person whose employment involves only or mainly operating child health screening at a community health facility\n- • a person whose employment involves only or mainly providing a health service in the paediatric section of a hospital\n- • a person whose employment involves only or mainly operating child health screening at a community health facility\n- • a person whose employment involves only or mainly providing a health service in the paediatric section of a hospital\n- • a person whose employment involves only or mainly operating child health screening at a community health facility\n- (i) that, by its nature, requires physical contact with the child; or Example for subparagraph (i) — a person providing massage services to children\n- (ii) if the employee is physically present with the child while no-one else is present;\n- (i) if the employee is physically present with the child while no-one else is present; or\n- (ii) if the employee is not physically present with the child; Example for subparagraph (ii) — a counselling service that involves an internet or telephone help line service that provides help to children to resolve personal problems or difficulties\n- (i) if the employee is physically present with the child while no-one else is present; or\n- (ii) if the employee is not physically present with the child.\n- • a support service providing emotional support for child victims or witnesses in connection with court or other legal proceedings\n- • a person who is an Australian lawyer providing a support service to a child in connection with court or other legal proceedings\n- (a) the employee is an approved teacher and the employment is part of the employee’s duties for the school that employs the employee; or\n- (b) the employee is providing the service as part of the employee’s employment with a licensed care service.\n- (a) a service for maintaining, improving, restoring or caring for a person’s health or wellbeing, including, for example, the following— (i) a service providing personal care to a person who is ill, injured or otherwise infirm; Examples of providing personal care— • help with personal hygiene • help with dressing • services provided by an assistant in a ward of a hospital, including lifting and turning bedridden patients and moving patients from a place to another place (ii) a service providing respite care; (iii) a service provided by a practitioner of hypnosis, naturopathy, acupuncture or another form of natural or alternative health care; (iv) a massage service, including a massage service for relaxation; (v) a service provided by a health student in the student’s capacity as a health student;\n- (i) a service providing personal care to a person who is ill, injured or otherwise infirm; Examples of providing personal care— • help with personal hygiene • help with dressing • services provided by an assistant in a ward of a hospital, including lifting and turning bedridden patients and moving patients from a place to another place\n- • help with personal hygiene\n- • help with dressing\n- • services provided by an assistant in a ward of a hospital, including lifting and turning bedridden patients and moving patients from a place to another place\n- (ii) a service providing respite care;\n- (iii) a service provided by a practitioner of hypnosis, naturopathy, acupuncture or another form of natural or alternative health care;\n- (iv) a massage service, including a massage service for relaxation;\n- (v) a service provided by a health student in the student’s capacity as a health student;\n- (b) a service prescribed under a regulation to be a health service.\n- (i) a service providing personal care to a person who is ill, injured or otherwise infirm; Examples of providing personal care— • help with personal hygiene • help with dressing • services provided by an assistant in a ward of a hospital, including lifting and turning bedridden patients and moving patients from a place to another place\n- • help with personal hygiene\n- • help with dressing\n- • services provided by an assistant in a ward of a hospital, including lifting and turning bedridden patients and moving patients from a place to another place\n- (ii) a service providing respite care;\n- (iii) a service provided by a practitioner of hypnosis, naturopathy, acupuncture or another form of natural or alternative health care;\n- (iv) a massage service, including a massage service for relaxation;\n- (v) a service provided by a health student in the student’s capacity as a health student;\n- • help with personal hygiene\n- • help with dressing\n- • services provided by an assistant in a ward of a hospital, including lifting and turning bedridden patients and moving patients from a place to another place","sortOrder":963},{"sectionNumber":"sch.1-sec.6A","sectionType":"section","heading":"Disability work","content":"### sch.1-sec.6A Disability work\n\nEmployment is regulated employment if the usual functions of the employment include providing disability services to a child or children with disability.\nEmployment is regulated employment if the usual functions of the employment—\ninclude carrying out risk-assessed NDIS work for an NDIS service provider in relation to a child or children with disability; and\nare to be carried out—\nas an employee of an NDIS service provider; or\nat a place where an NDIS service provider provides NDIS supports or services to a child or children with disability.\nEmployment mentioned in subsection (1) or (2) is not regulated employment if—\nthe employee is a person with disability at a place who receives disability services or NDIS supports or services at the place; or\nthe employee—\nis a secondary school student on work experience; and\ncarries out risk-assessed NDIS work or provides disability services only under the direct supervision of a person who holds a working with children authority; or\nthe employee is a volunteer at a place who—\nis a relative of a person who receives disability services or NDIS supports or services at the place; and\nis at the place only to help with the care of the person.\nIn this section—\nNDIS service provider see the Disability Services Act 2006 , section 15 (1) .\nrisk-assessed NDIS work see the Disability Services Act 2006 , section 45 (2) .\nsch 1 s 6A ins 2020 No. 39 s 61\n(sch.1-sec.6A-ssec.1) Employment is regulated employment if the usual functions of the employment include providing disability services to a child or children with disability.\n(sch.1-sec.6A-ssec.2) Employment is regulated employment if the usual functions of the employment— include carrying out risk-assessed NDIS work for an NDIS service provider in relation to a child or children with disability; and are to be carried out— as an employee of an NDIS service provider; or at a place where an NDIS service provider provides NDIS supports or services to a child or children with disability.\n(sch.1-sec.6A-ssec.3) Employment mentioned in subsection (1) or (2) is not regulated employment if— the employee is a person with disability at a place who receives disability services or NDIS supports or services at the place; or the employee— is a secondary school student on work experience; and carries out risk-assessed NDIS work or provides disability services only under the direct supervision of a person who holds a working with children authority; or the employee is a volunteer at a place who— is a relative of a person who receives disability services or NDIS supports or services at the place; and is at the place only to help with the care of the person.\n(sch.1-sec.6A-ssec.4) In this section— NDIS service provider see the Disability Services Act 2006 , section 15 (1) . risk-assessed NDIS work see the Disability Services Act 2006 , section 45 (2) .\n- (a) include carrying out risk-assessed NDIS work for an NDIS service provider in relation to a child or children with disability; and\n- (b) are to be carried out— (i) as an employee of an NDIS service provider; or (ii) at a place where an NDIS service provider provides NDIS supports or services to a child or children with disability.\n- (i) as an employee of an NDIS service provider; or\n- (ii) at a place where an NDIS service provider provides NDIS supports or services to a child or children with disability.\n- (i) as an employee of an NDIS service provider; or\n- (ii) at a place where an NDIS service provider provides NDIS supports or services to a child or children with disability.\n- (a) the employee is a person with disability at a place who receives disability services or NDIS supports or services at the place; or\n- (b) the employee— (i) is a secondary school student on work experience; and (ii) carries out risk-assessed NDIS work or provides disability services only under the direct supervision of a person who holds a working with children authority; or\n- (i) is a secondary school student on work experience; and\n- (ii) carries out risk-assessed NDIS work or provides disability services only under the direct supervision of a person who holds a working with children authority; or\n- (c) the employee is a volunteer at a place who— (i) is a relative of a person who receives disability services or NDIS supports or services at the place; and (ii) is at the place only to help with the care of the person.\n- (i) is a relative of a person who receives disability services or NDIS supports or services at the place; and\n- (ii) is at the place only to help with the care of the person.\n- (i) is a secondary school student on work experience; and\n- (ii) carries out risk-assessed NDIS work or provides disability services only under the direct supervision of a person who holds a working with children authority; or\n- (i) is a relative of a person who receives disability services or NDIS supports or services at the place; and\n- (ii) is at the place only to help with the care of the person.","sortOrder":964},{"sectionNumber":"sch.1-sec.7","sectionType":"section","heading":"Private teaching, coaching or tutoring","content":"### sch.1-sec.7 Private teaching, coaching or tutoring\n\nEmployment is regulated employment if the usual functions of the employment include or are likely to include prescribed teaching.\nHowever, employment mentioned in subsection (1) is not regulated employment if the employer is an education provider.\nIn this section—\nprescribed teaching means teaching, coaching or tutoring 1 child, or more than 1 child at the same time, on a commercial basis.\nsch 1 s 7 (prev sch 1 s 6) sub 2004 No. 49 s 50 (3)\namd 2010 No. 5 s 65 (15)\nrenum 2010 No. 5 s 65 (28)\n(sch.1-sec.7-ssec.1) Employment is regulated employment if the usual functions of the employment include or are likely to include prescribed teaching.\n(sch.1-sec.7-ssec.2) However, employment mentioned in subsection (1) is not regulated employment if the employer is an education provider.\n(sch.1-sec.7-ssec.3) In this section— prescribed teaching means teaching, coaching or tutoring 1 child, or more than 1 child at the same time, on a commercial basis.","sortOrder":965},{"sectionNumber":"sch.1-sec.8","sectionType":"section","heading":"Education programs conducted outside of school","content":"### sch.1-sec.8 Education programs conducted outside of school\n\nEmployment is regulated employment if the usual functions of the employment include, or are likely to include, providing services or conducting activities for—\nan educational program under the Education (General Provisions) Act 2006 , section 284 , 294 , 301 , 304 or 310 ; or\na program, provided by an entity, under arrangements approved under the Education (General Provisions) Act 2006 , section 182 or 183 .\nHowever, employment mentioned in subsection (1) is not regulated employment if the employer is a provider under the Education (General Provisions) Act 2006 , section 232 .\nsch 1 s 8 (prev sch 1 s 6A) ins 2003 No. 88 s 8 (1)\nsub 2004 No. 49 s 50 (3)\namd 2006 No. 39 s 512 (1) sch 1 ; 2010 No. 5 s 65 (16)\nrenum 2010 No. 5 s 65 (28)\namd 2018 No. 1 s 150 sch 2\n(sch.1-sec.8-ssec.1) Employment is regulated employment if the usual functions of the employment include, or are likely to include, providing services or conducting activities for— an educational program under the Education (General Provisions) Act 2006 , section 284 , 294 , 301 , 304 or 310 ; or a program, provided by an entity, under arrangements approved under the Education (General Provisions) Act 2006 , section 182 or 183 .\n(sch.1-sec.8-ssec.2) However, employment mentioned in subsection (1) is not regulated employment if the employer is a provider under the Education (General Provisions) Act 2006 , section 232 .\n- (a) an educational program under the Education (General Provisions) Act 2006 , section 284 , 294 , 301 , 304 or 310 ; or\n- (b) a program, provided by an entity, under arrangements approved under the Education (General Provisions) Act 2006 , section 182 or 183 .","sortOrder":966},{"sectionNumber":"sch.1-sec.9","sectionType":"section","heading":"Child accommodation services","content":"### sch.1-sec.9 Child accommodation services\n\nEmployment is regulated employment if—\nthe usual functions of the employment include, or are likely to include, a child accommodation service; or\nthe employment includes providing services or conducting activities at an overnight camp or excursion for children.\nIf accommodation constituting a child accommodation service is provided, or is to be provided, by a home stay provider, each adult residing in the home stay provider’s home, other than the home stay provider, is taken to be a volunteer who is engaged in regulated employment.\nFor subsection (1) (b) , an overnight camp or excursion is regulated employment regardless of the type of accommodation or how many children are involved.\nHowever, employment mentioned in subsection (1) (a) or (2) is not regulated employment if the home stay provider is a relative of the child who receives the child accommodation service to which the employment relates.\nAlso, employment mentioned in subsection (1) (b) is not regulated employment if—\nthe employee’s functions are limited to providing services for the maintenance and repair or ongoing operation of the site at which the service is provided; and\nthe employment involves undertaking work, the nature of which does not permit or facilitate contact with children, other than incidental contact.\nIn this section—\nhome , of a person, includes the person’s principal place of residence and any holiday home of the person.\nhome stay provider means a person who provides an accommodation service in the person’s home.\nsch 1 s 9 (prev sch 1 s 6B) ins 2004 No. 49 s 50 (3)\namd 2010 No. 5 s 65 (17)\nrenum 2010 No. 5 s 65 (28)\nsub 2024 No. 50 s 128\n(sch.1-sec.9-ssec.1) Employment is regulated employment if— the usual functions of the employment include, or are likely to include, a child accommodation service; or the employment includes providing services or conducting activities at an overnight camp or excursion for children.\n(sch.1-sec.9-ssec.2) If accommodation constituting a child accommodation service is provided, or is to be provided, by a home stay provider, each adult residing in the home stay provider’s home, other than the home stay provider, is taken to be a volunteer who is engaged in regulated employment.\n(sch.1-sec.9-ssec.3) For subsection (1) (b) , an overnight camp or excursion is regulated employment regardless of the type of accommodation or how many children are involved.\n(sch.1-sec.9-ssec.4) However, employment mentioned in subsection (1) (a) or (2) is not regulated employment if the home stay provider is a relative of the child who receives the child accommodation service to which the employment relates.\n(sch.1-sec.9-ssec.5) Also, employment mentioned in subsection (1) (b) is not regulated employment if— the employee’s functions are limited to providing services for the maintenance and repair or ongoing operation of the site at which the service is provided; and the employment involves undertaking work, the nature of which does not permit or facilitate contact with children, other than incidental contact.\n(sch.1-sec.9-ssec.6) In this section— home , of a person, includes the person’s principal place of residence and any holiday home of the person. home stay provider means a person who provides an accommodation service in the person’s home.\n- (a) the usual functions of the employment include, or are likely to include, a child accommodation service; or\n- (b) the employment includes providing services or conducting activities at an overnight camp or excursion for children.\n- (a) the employee’s functions are limited to providing services for the maintenance and repair or ongoing operation of the site at which the service is provided; and\n- (b) the employment involves undertaking work, the nature of which does not permit or facilitate contact with children, other than incidental contact.","sortOrder":967},{"sectionNumber":"sch.1-sec.10","sectionType":"section","heading":"Religious representatives","content":"### sch.1-sec.10 Religious representatives\n\nEmployment is regulated employment if—\nthe employee is a religious representative; and\nthe usual functions of the employment include, or are likely to include—\nproviding services, as a religious representative, directed mainly towards children; or\nconducting activities, as a religious representative, mainly involving children.\nsch 1 s 10 (prev sch 1 s 6C) ins 2004 No. 49 s 50 (3)\nrenum 2010 No. 5 s 65 (28)\n- (a) the employee is a religious representative; and\n- (b) the usual functions of the employment include, or are likely to include— (i) providing services, as a religious representative, directed mainly towards children; or (ii) conducting activities, as a religious representative, mainly involving children.\n- (i) providing services, as a religious representative, directed mainly towards children; or\n- (ii) conducting activities, as a religious representative, mainly involving children.\n- (i) providing services, as a religious representative, directed mainly towards children; or\n- (ii) conducting activities, as a religious representative, mainly involving children.","sortOrder":968},{"sectionNumber":"sch.1-sec.11","sectionType":"section","heading":"Sport, active recreation, gyms and play facilities","content":"### sch.1-sec.11 Sport, active recreation, gyms and play facilities\n\nEmployment is regulated employment if—\nboth—\nthe usual functions of the employment include, or are likely to include—\nproviding services directed mainly towards children; or\nconducting activities mainly involving children; and\nthe services are provided, or the activities are conducted, as part of sport or active recreation; or\nthe services are provided, or the activities are conducted, in relation to a gym or play facility directed mainly towards children.\nHowever, employment mentioned in subsection (1) is not regulated employment if—\nthe employee’s functions are limited to providing food, beverages or equipment; and\nthere is no further contact with children by the employee.\nsch 1 s 11 (prev sch 1 s 6D) ins 2004 No. 49 s 50 (3)\namd 2010 No. 5 s 65 (18) – (20)\nrenum 2010 No. 5 s 65 (28)\namd 2024 No. 50 s 129\n(sch.1-sec.11-ssec.1) Employment is regulated employment if— both— the usual functions of the employment include, or are likely to include— providing services directed mainly towards children; or conducting activities mainly involving children; and the services are provided, or the activities are conducted, as part of sport or active recreation; or the services are provided, or the activities are conducted, in relation to a gym or play facility directed mainly towards children.\n(sch.1-sec.11-ssec.2) However, employment mentioned in subsection (1) is not regulated employment if— the employee’s functions are limited to providing food, beverages or equipment; and there is no further contact with children by the employee.\n- (a) both— (i) the usual functions of the employment include, or are likely to include— (A) providing services directed mainly towards children; or (B) conducting activities mainly involving children; and (ii) the services are provided, or the activities are conducted, as part of sport or active recreation; or\n- (i) the usual functions of the employment include, or are likely to include— (A) providing services directed mainly towards children; or (B) conducting activities mainly involving children; and\n- (A) providing services directed mainly towards children; or\n- (B) conducting activities mainly involving children; and\n- (ii) the services are provided, or the activities are conducted, as part of sport or active recreation; or\n- (b) the services are provided, or the activities are conducted, in relation to a gym or play facility directed mainly towards children.\n- (i) the usual functions of the employment include, or are likely to include— (A) providing services directed mainly towards children; or (B) conducting activities mainly involving children; and\n- (A) providing services directed mainly towards children; or\n- (B) conducting activities mainly involving children; and\n- (ii) the services are provided, or the activities are conducted, as part of sport or active recreation; or\n- (A) providing services directed mainly towards children; or\n- (B) conducting activities mainly involving children; and\n- (a) the employee’s functions are limited to providing food, beverages or equipment; and\n- (b) there is no further contact with children by the employee.","sortOrder":969},{"sectionNumber":"sch.1-sec.11A","sectionType":"section","heading":"Entertainment, beauty and photography services","content":"### sch.1-sec.11A Entertainment, beauty and photography services\n\nEmployment is regulated employment if—\nthe usual functions of the employment include, or are likely to include—\nproviding services directed mainly towards children; or\nconducting activities mainly involving children; and\nthe services are provided, or the activities are conducted, in relation to 1 of the following—\nan entertainment or party service;\na person appearing as Santa or another costumed character directed at entertaining children\na beauty or talent program;\na photography service.\nHowever, employment mentioned in subsection (1) (b) (i) is not regulated employment if—\nthe employee’s functions are limited to providing food, beverages or equipment; and\nthere is no further contact with children by the employee.\nsch 1 s 11A ins 2024 No. 50 s 130\n(sch.1-sec.11A-ssec.1) Employment is regulated employment if— the usual functions of the employment include, or are likely to include— providing services directed mainly towards children; or conducting activities mainly involving children; and the services are provided, or the activities are conducted, in relation to 1 of the following— an entertainment or party service; a person appearing as Santa or another costumed character directed at entertaining children a beauty or talent program; a photography service.\n(sch.1-sec.11A-ssec.2) However, employment mentioned in subsection (1) (b) (i) is not regulated employment if— the employee’s functions are limited to providing food, beverages or equipment; and there is no further contact with children by the employee.\n- (a) the usual functions of the employment include, or are likely to include— (i) providing services directed mainly towards children; or (ii) conducting activities mainly involving children; and\n- (i) providing services directed mainly towards children; or\n- (ii) conducting activities mainly involving children; and\n- (b) the services are provided, or the activities are conducted, in relation to 1 of the following— (i) an entertainment or party service; Examples of providing an entertainment or party service— a person appearing as Santa or another costumed character directed at entertaining children (ii) a beauty or talent program; (iii) a photography service.\n- (i) an entertainment or party service; Examples of providing an entertainment or party service— a person appearing as Santa or another costumed character directed at entertaining children\n- (ii) a beauty or talent program;\n- (iii) a photography service.\n- (i) providing services directed mainly towards children; or\n- (ii) conducting activities mainly involving children; and\n- (i) an entertainment or party service; Examples of providing an entertainment or party service— a person appearing as Santa or another costumed character directed at entertaining children\n- (ii) a beauty or talent program;\n- (iii) a photography service.\n- (a) the employee’s functions are limited to providing food, beverages or equipment; and\n- (b) there is no further contact with children by the employee.","sortOrder":970},{"sectionNumber":"sch.1-sec.12","sectionType":"section","heading":"Emergency services cadet program","content":"### sch.1-sec.12 Emergency services cadet program\n\nEmployment is regulated employment if the usual functions of the employment include or are likely to include—\nundertaking the role of an adult member in the cadet program managed by the department responsible for emergency services; and\nprescribed teaching.\nIn this section—\nprescribed teaching means teaching, coaching or tutoring 1 child, or more than 1 child at the same time.\nsch 1 s 12 (prev sch 1 s 6E) ins 2004 No. 49 s 50 (3)\nrenum 2010 No. 5 s 65 (28)\n(sch.1-sec.12-ssec.1) Employment is regulated employment if the usual functions of the employment include or are likely to include— undertaking the role of an adult member in the cadet program managed by the department responsible for emergency services; and prescribed teaching.\n(sch.1-sec.12-ssec.2) In this section— prescribed teaching means teaching, coaching or tutoring 1 child, or more than 1 child at the same time.\n- (a) undertaking the role of an adult member in the cadet program managed by the department responsible for emergency services; and\n- (b) prescribed teaching.","sortOrder":971},{"sectionNumber":"sch.1-sec.13","sectionType":"section","heading":"School crossing supervisors","content":"### sch.1-sec.13 School crossing supervisors\n\nEmployment is regulated employment if the usual functions of the employment include, or are likely to include, providing services as a crossing supervisor within the meaning of the Transport Operations (Road Use Management) Act 1995 , section 122A (1) (b) .\nsch 1 s 13 (prev sch 1 s 6F) ins 2004 No. 49 s 50 (3)\namd 2005 No. 49 s 89 sch\nrenum 2010 No. 5 s 65 (28)","sortOrder":972},{"sectionNumber":"sch.1-sec.14","sectionType":"section","heading":"Care of children under Child Protection Act 1999","content":"### sch.1-sec.14 Care of children under Child Protection Act 1999\n\nEmployment is regulated employment if the usual functions of the employment include, or are likely to include, providing care for a child as an approved carer, other than a provisionally approved carer.\nIf a person provides, or is likely to provide, care for a child in the person’s capacity as an approved carer, other than a provisionally approved carer, each adult member of the person’s household is taken to be a volunteer who is engaged in regulated employment.\nEmployment is regulated employment if the usual functions of the employment—\nare carried out, or likely to be carried out, inside a licensed residential facility; or\ninclude responsibility for directly managing a licensed care service; or\ninclude performing a risk-assessed role for a licensed care service.\nsch 1 s 14 (prev sch 1 s 6G) ins 2006 No. 17 s 56 (3)\nrenum 2010 No. 5 s 65 (28)\namd 2022 No. 7 s 129\n(sch.1-sec.14-ssec.1) Employment is regulated employment if the usual functions of the employment include, or are likely to include, providing care for a child as an approved carer, other than a provisionally approved carer.\n(sch.1-sec.14-ssec.2) If a person provides, or is likely to provide, care for a child in the person’s capacity as an approved carer, other than a provisionally approved carer, each adult member of the person’s household is taken to be a volunteer who is engaged in regulated employment.\n(sch.1-sec.14-ssec.3) Employment is regulated employment if the usual functions of the employment— are carried out, or likely to be carried out, inside a licensed residential facility; or include responsibility for directly managing a licensed care service; or include performing a risk-assessed role for a licensed care service.\n- (a) are carried out, or likely to be carried out, inside a licensed residential facility; or\n- (b) include responsibility for directly managing a licensed care service; or\n- (c) include performing a risk-assessed role for a licensed care service.","sortOrder":973},{"sectionNumber":"sch.1-sec.15","sectionType":"section","heading":"Regulation about usual functions of employment","content":"### sch.1-sec.15 Regulation about usual functions of employment\n\nFor this part, a regulation may make provision about whether a function of employment is a usual function.\nWithout limiting subsection (1) , a regulation may—\nstate the employment, or type of employment, to which the regulation applies; and\ndeclare that a stated function of the employment is, or is not, a usual function of the employment.\nA regulation under this section may describe a function of employment by reference to the frequency with which it is carried out, or in another way.\nsch 1 s 15 (prev sch 1 s 7) renum 2010 No. 5 s 65 (28)\n(sch.1-sec.15-ssec.1) For this part, a regulation may make provision about whether a function of employment is a usual function.\n(sch.1-sec.15-ssec.2) Without limiting subsection (1) , a regulation may— state the employment, or type of employment, to which the regulation applies; and declare that a stated function of the employment is, or is not, a usual function of the employment.\n(sch.1-sec.15-ssec.3) A regulation under this section may describe a function of employment by reference to the frequency with which it is carried out, or in another way.\n- (a) state the employment, or type of employment, to which the regulation applies; and\n- (b) declare that a stated function of the employment is, or is not, a usual function of the employment.","sortOrder":974},{"sectionNumber":"sch.1-pt.2","sectionType":"part","heading":"Regulated businesses","content":"# Regulated businesses","sortOrder":975},{"sectionNumber":"sch.1-sec.16","sectionType":"section","heading":"Health, counselling and support services","content":"### sch.1-sec.16 Health, counselling and support services\n\nA business is a regulated business if the usual activities of the business include, or are likely to include, a person providing 1 or more of the following—\na health service to a child—\nthat, by its nature, requires physical contact with the child; or\nif the person is physically present with the child while no-one else is present;\na counselling service to a child—\nif the person is physically present with the child while no-one else is present; or\nif the person is not physically present with the child;\na support service to a child—\nif the person is physically present with the child while no-one else is present; or\nif the person is not physically present with the child.\nIn this section—\ncounselling service means a service that provides or purports to provide, on a professional basis, help or guidance to persons to resolve personal, social or emotional problems or difficulties.\nhealth service means any of the following—\na service for maintaining, improving, restoring or caring for a person’s health or wellbeing, including, for example, the following—\na service providing personal care to a person who is ill, injured or otherwise infirm;\nhelp with personal hygiene\nhelp with dressing\nservices provided by an assistant in a ward of a hospital, including lifting and turning bedridden patients and moving patients from a place to another place\na service providing respite care;\na service provided by a practitioner of hypnosis, naturopathy, acupuncture or another form of natural or alternative health care;\na massage service, including a massage service for relaxation;\na service provided by a health student in the student’s capacity as a health student;\na service prescribed under a regulation to be a health service.\nsupport service means a service that provides emotional support, legal support, mentoring or pastoral care.\nsch 1 s 16 (prev sch 1 s 8) amd 2004 No. 49 s 50 (4)\nsub 2007 No. 40 s 6 (2)\namd 2010 No. 5 s 65 (21) – (25)\nrenum 2010 No. 5 s 65 (28)\namd 2016 No. 9 s 61 (4) ; 2020 No. 39 s 62 ; 2024 No. 50 s 132\n(sch.1-sec.16-ssec.1) A business is a regulated business if the usual activities of the business include, or are likely to include, a person providing 1 or more of the following— a health service to a child— that, by its nature, requires physical contact with the child; or if the person is physically present with the child while no-one else is present; a counselling service to a child— if the person is physically present with the child while no-one else is present; or if the person is not physically present with the child; a support service to a child— if the person is physically present with the child while no-one else is present; or if the person is not physically present with the child.\n(sch.1-sec.16-ssec.2) In this section— counselling service means a service that provides or purports to provide, on a professional basis, help or guidance to persons to resolve personal, social or emotional problems or difficulties. health service means any of the following— a service for maintaining, improving, restoring or caring for a person’s health or wellbeing, including, for example, the following— a service providing personal care to a person who is ill, injured or otherwise infirm; help with personal hygiene help with dressing services provided by an assistant in a ward of a hospital, including lifting and turning bedridden patients and moving patients from a place to another place a service providing respite care; a service provided by a practitioner of hypnosis, naturopathy, acupuncture or another form of natural or alternative health care; a massage service, including a massage service for relaxation; a service provided by a health student in the student’s capacity as a health student; a service prescribed under a regulation to be a health service. support service means a service that provides emotional support, legal support, mentoring or pastoral care.\n- (a) a health service to a child— (i) that, by its nature, requires physical contact with the child; or (ii) if the person is physically present with the child while no-one else is present;\n- (i) that, by its nature, requires physical contact with the child; or\n- (ii) if the person is physically present with the child while no-one else is present;\n- (b) a counselling service to a child— (i) if the person is physically present with the child while no-one else is present; or (ii) if the person is not physically present with the child;\n- (i) if the person is physically present with the child while no-one else is present; or\n- (ii) if the person is not physically present with the child;\n- (c) a support service to a child— (i) if the person is physically present with the child while no-one else is present; or (ii) if the person is not physically present with the child.\n- (i) if the person is physically present with the child while no-one else is present; or\n- (ii) if the person is not physically present with the child.\n- (i) that, by its nature, requires physical contact with the child; or\n- (ii) if the person is physically present with the child while no-one else is present;\n- (i) if the person is physically present with the child while no-one else is present; or\n- (ii) if the person is not physically present with the child;\n- (i) if the person is physically present with the child while no-one else is present; or\n- (ii) if the person is not physically present with the child.\n- (a) a service for maintaining, improving, restoring or caring for a person’s health or wellbeing, including, for example, the following— (i) a service providing personal care to a person who is ill, injured or otherwise infirm; Examples of providing personal care— • help with personal hygiene • help with dressing • services provided by an assistant in a ward of a hospital, including lifting and turning bedridden patients and moving patients from a place to another place (ii) a service providing respite care; (iii) a service provided by a practitioner of hypnosis, naturopathy, acupuncture or another form of natural or alternative health care; (iv) a massage service, including a massage service for relaxation; (v) a service provided by a health student in the student’s capacity as a health student;\n- (i) a service providing personal care to a person who is ill, injured or otherwise infirm; Examples of providing personal care— • help with personal hygiene • help with dressing • services provided by an assistant in a ward of a hospital, including lifting and turning bedridden patients and moving patients from a place to another place\n- • help with personal hygiene\n- • help with dressing\n- • services provided by an assistant in a ward of a hospital, including lifting and turning bedridden patients and moving patients from a place to another place\n- (ii) a service providing respite care;\n- (iii) a service provided by a practitioner of hypnosis, naturopathy, acupuncture or another form of natural or alternative health care;\n- (iv) a massage service, including a massage service for relaxation;\n- (v) a service provided by a health student in the student’s capacity as a health student;\n- (b) a service prescribed under a regulation to be a health service.\n- (i) a service providing personal care to a person who is ill, injured or otherwise infirm; Examples of providing personal care— • help with personal hygiene • help with dressing • services provided by an assistant in a ward of a hospital, including lifting and turning bedridden patients and moving patients from a place to another place\n- • help with personal hygiene\n- • help with dressing\n- • services provided by an assistant in a ward of a hospital, including lifting and turning bedridden patients and moving patients from a place to another place\n- (ii) a service providing respite care;\n- (iii) a service provided by a practitioner of hypnosis, naturopathy, acupuncture or another form of natural or alternative health care;\n- (iv) a massage service, including a massage service for relaxation;\n- (v) a service provided by a health student in the student’s capacity as a health student;\n- • help with personal hygiene\n- • help with dressing\n- • services provided by an assistant in a ward of a hospital, including lifting and turning bedridden patients and moving patients from a place to another place","sortOrder":976},{"sectionNumber":"sch.1-sec.16A","sectionType":"section","heading":"Disability work","content":"### sch.1-sec.16A Disability work\n\nA business is a regulated business if the usual activities of the business include, or are likely to include—\nproviding disability services to a child or children with disability; or\nproviding NDIS supports or services to a child or children with disability.\nsch 1 s 16A ins 2020 No. 39 s 63\n- (a) providing disability services to a child or children with disability; or\n- (b) providing NDIS supports or services to a child or children with disability.","sortOrder":977},{"sectionNumber":"sch.1-sec.17","sectionType":"section","heading":"Private teaching, coaching or tutoring","content":"### sch.1-sec.17 Private teaching, coaching or tutoring\n\nA business is a regulated business if the usual activities of the business include, or are likely to include, teaching, coaching or tutoring 1 child, or more than 1 child at the same time, on a commercial basis.\nHowever, a business mentioned in subsection (1) is not a regulated business if the business is conducted by an education provider.\nsch 1 s 17 (prev sch 1 s 9) amd 2004 No. 49 s 50 (5) – (6)\nrenum 2010 No. 5 s 65 (28)\n(sch.1-sec.17-ssec.1) A business is a regulated business if the usual activities of the business include, or are likely to include, teaching, coaching or tutoring 1 child, or more than 1 child at the same time, on a commercial basis.\n(sch.1-sec.17-ssec.2) However, a business mentioned in subsection (1) is not a regulated business if the business is conducted by an education provider.","sortOrder":978},{"sectionNumber":"sch.1-sec.18","sectionType":"section","heading":"Education and care services and similar businesses","content":"### sch.1-sec.18 Education and care services and similar businesses\n\nA business is a regulated business if the usual activities of the business include, or are likely to include—\noperating an education and care service, a QEC service or another commercial service that includes providing education and care to children; or\ncarrying out activities in premises or a vehicle in which there are children to whom education and care is being provided.\nsch 1 s 18 (prev sch 1 s 10) ins 2002 No. 55 s 196 sch 1\nrenum 2010 No. 5 s 65 (28)\namd 2011 No. 38 s 61 (3)\nsub 2013 No. 44 s 266\n- (a) operating an education and care service, a QEC service or another commercial service that includes providing education and care to children; or\n- (b) carrying out activities in premises or a vehicle in which there are children to whom education and care is being provided.","sortOrder":979},{"sectionNumber":"sch.1-sec.18A","sectionType":"section","heading":"Child care services and similar businesses","content":"### sch.1-sec.18A Child care services and similar businesses\n\nA business is a regulated business if the usual activities of the business include, or are likely to include—\nconducting a commercial service that includes providing child care; or\ncarrying out activities in premises or a vehicle in which there are children to whom child care is being provided.\nsch 1 s 18A ins 2011 No. 38 s 61 (4)\nsub 2013 No. 44 s 267\n- (a) conducting a commercial service that includes providing child care; or\n- (b) carrying out activities in premises or a vehicle in which there are children to whom child care is being provided.","sortOrder":980},{"sectionNumber":"sch.1-sec.18B","sectionType":"section","heading":"Justice and detention services","content":"### sch.1-sec.18B Justice and detention services\n\nA business is a regulated business if any of the usual activities of the business—\nare carried out, or are likely to be carried out, at a detention centre established under the Youth Justice Act 1992 , section 262 ; or\ninclude, or are likely to include, supervising and monitoring a child on any of the following orders that may be made or imposed by a court under the Youth Justice Act 1992 —\na community based order;\na supervised release order;\nany other order made or imposed by a court under that Act.\nsch 1 s 18B ins 2024 No. 50 s 133\n- (a) are carried out, or are likely to be carried out, at a detention centre established under the Youth Justice Act 1992 , section 262 ; or\n- (b) include, or are likely to include, supervising and monitoring a child on any of the following orders that may be made or imposed by a court under the Youth Justice Act 1992 — (i) a community based order; (ii) a supervised release order; (iii) any other order made or imposed by a court under that Act.\n- (i) a community based order;\n- (ii) a supervised release order;\n- (iii) any other order made or imposed by a court under that Act.\n- (i) a community based order;\n- (ii) a supervised release order;\n- (iii) any other order made or imposed by a court under that Act.","sortOrder":981},{"sectionNumber":"sch.1-sec.18C","sectionType":"section","heading":"Educational services and activities conducted inside school","content":"### sch.1-sec.18C Educational services and activities conducted inside school\n\nA business is a regulated business if the usual activities of the business take place—\nin an area of a school—\nin which children are being educated and cared for; or\nthat is accessible to children; and\nat a time when children are ordinarily present.\nHowever, a business mentioned in subsection (1) is not a regulated business if the activities of the business—\nare not directed towards children; and\nare of a nature that does not permit or facilitate contact with children, other than incidental contact.\nsch 1 s 18C ins 2024 No. 50 s 133\n(sch.1-sec.18C-ssec.1) A business is a regulated business if the usual activities of the business take place— in an area of a school— in which children are being educated and cared for; or that is accessible to children; and at a time when children are ordinarily present.\n(sch.1-sec.18C-ssec.2) However, a business mentioned in subsection (1) is not a regulated business if the activities of the business— are not directed towards children; and are of a nature that does not permit or facilitate contact with children, other than incidental contact.\n- (a) in an area of a school— (i) in which children are being educated and cared for; or (ii) that is accessible to children; and\n- (i) in which children are being educated and cared for; or\n- (ii) that is accessible to children; and\n- (b) at a time when children are ordinarily present.\n- (i) in which children are being educated and cared for; or\n- (ii) that is accessible to children; and\n- (a) are not directed towards children; and\n- (b) are of a nature that does not permit or facilitate contact with children, other than incidental contact.","sortOrder":982},{"sectionNumber":"sch.1-sec.19","sectionType":"section","heading":"Educational programs conducted outside of school","content":"### sch.1-sec.19 Educational programs conducted outside of school\n\nA business is a regulated business if—\nthe usual activities of the business include, or are likely to include, providing services or conducting activities for—\nan educational program under the Education (General Provisions) Act 2006 , section 286 (2) , 291 or 304 ; or\na program provided, by the entity carrying on the business, under arrangements approved under the Education (General Provisions) Act 2006 , section 182 or 183 ; and\nthe entity carrying on the business is not a provider under the Education (General Provisions) Act 2006 , section 232 .\nsch 1 s 19 (prev sch 1 s 11) ins 2003 No. 88 s 8 (2)\nsub 2006 No. 39 s 512 (1) sch 1\nrenum 2010 No. 5 s 65 (28)\n- (a) the usual activities of the business include, or are likely to include, providing services or conducting activities for— (i) an educational program under the Education (General Provisions) Act 2006 , section 286 (2) , 291 or 304 ; or (ii) a program provided, by the entity carrying on the business, under arrangements approved under the Education (General Provisions) Act 2006 , section 182 or 183 ; and\n- (i) an educational program under the Education (General Provisions) Act 2006 , section 286 (2) , 291 or 304 ; or\n- (ii) a program provided, by the entity carrying on the business, under arrangements approved under the Education (General Provisions) Act 2006 , section 182 or 183 ; and\n- (b) the entity carrying on the business is not a provider under the Education (General Provisions) Act 2006 , section 232 .\n- (i) an educational program under the Education (General Provisions) Act 2006 , section 286 (2) , 291 or 304 ; or\n- (ii) a program provided, by the entity carrying on the business, under arrangements approved under the Education (General Provisions) Act 2006 , section 182 or 183 ; and","sortOrder":983},{"sectionNumber":"sch.1-sec.20","sectionType":"section","heading":"Religious representatives","content":"### sch.1-sec.20 Religious representatives\n\nA business is a regulated business if the usual activities of the business include, or are likely to include, a religious representative—\nproviding services, as a religious representative, directed mainly towards or involving children; or\nconducting activities, as a religious representative, directed mainly towards or involving children.\nsch 1 s 20 (prev sch 1 s 12) ins 2004 No. 49 s 50 (7)\nrenum 2010 No. 5 s 65 (28)\n- (a) providing services, as a religious representative, directed mainly towards or involving children; or\n- (b) conducting activities, as a religious representative, directed mainly towards or involving children.","sortOrder":984},{"sectionNumber":"sch.1-sec.21","sectionType":"section","heading":"Child accommodation services","content":"### sch.1-sec.21 Child accommodation services\n\nA business is a regulated business if—\nthe usual activities of the business include, or are likely to include, a child accommodation service and—\nthe person who carries on the business provides the accommodation that constitutes the child accommodation service in the person’s home; or\nthe person who carries on the business provides the child accommodation service under an arrangement organised by a government entity or a local government; or\nthe business includes providing an overnight camp or excursion for children.\nFor subsection (1) (b) , an overnight camp or excursion is a regulated business regardless of the type of accommodation or how many children are involved.\nHowever, a business mentioned in subsection (1) (b) is not a regulated business if—\nthe activities of the business are limited to providing services for the maintenance and repair or ongoing operation of the site at which the service is provided; and\nthe activities of the business are of a nature that does not permit or facilitate contact with children, other than incidental contact.\nIn this section—\nhome , of a person, includes the person’s principal place of residence and any holiday home of the person.\nsch 1 s 21 (prev sch 1 s 13) ins 2004 No. 49 s 50 (7)\nrenum 2010 No. 5 s 65 (28)\namd 2014 No. 28 s 91\nsub 2024 No. 50 s 134\n(sch.1-sec.21-ssec.1) A business is a regulated business if— the usual activities of the business include, or are likely to include, a child accommodation service and— the person who carries on the business provides the accommodation that constitutes the child accommodation service in the person’s home; or the person who carries on the business provides the child accommodation service under an arrangement organised by a government entity or a local government; or the business includes providing an overnight camp or excursion for children.\n(sch.1-sec.21-ssec.2) For subsection (1) (b) , an overnight camp or excursion is a regulated business regardless of the type of accommodation or how many children are involved.\n(sch.1-sec.21-ssec.3) However, a business mentioned in subsection (1) (b) is not a regulated business if— the activities of the business are limited to providing services for the maintenance and repair or ongoing operation of the site at which the service is provided; and the activities of the business are of a nature that does not permit or facilitate contact with children, other than incidental contact.\n(sch.1-sec.21-ssec.4) In this section— home , of a person, includes the person’s principal place of residence and any holiday home of the person.\n- (a) the usual activities of the business include, or are likely to include, a child accommodation service and— (i) the person who carries on the business provides the accommodation that constitutes the child accommodation service in the person’s home; or (ii) the person who carries on the business provides the child accommodation service under an arrangement organised by a government entity or a local government; or\n- (i) the person who carries on the business provides the accommodation that constitutes the child accommodation service in the person’s home; or\n- (ii) the person who carries on the business provides the child accommodation service under an arrangement organised by a government entity or a local government; or\n- (b) the business includes providing an overnight camp or excursion for children.\n- (i) the person who carries on the business provides the accommodation that constitutes the child accommodation service in the person’s home; or\n- (ii) the person who carries on the business provides the child accommodation service under an arrangement organised by a government entity or a local government; or\n- (a) the activities of the business are limited to providing services for the maintenance and repair or ongoing operation of the site at which the service is provided; and\n- (b) the activities of the business are of a nature that does not permit or facilitate contact with children, other than incidental contact.","sortOrder":985},{"sectionNumber":"sch.1-sec.22","sectionType":"section","heading":"Sport, active recreation, gyms and play facilities","content":"### sch.1-sec.22 Sport, active recreation, gyms and play facilities\n\nA business is a regulated business if the usual activities of the business include, or are likely to include—\nsport or active recreation activities directed mainly towards or involving children; or\ncarrying on the business of a gym or play facility directed mainly towards children.\nHowever, a business mentioned in subsection (1) is not a regulated business if—\nthe business is carrying out activities limited to providing food, beverages or equipment; and\nthere is no further contact with children by an employee of the business.\nsch 1 s 22 (prev sch 1 s 14) ins 2004 No. 49 s 50 (7)\namd 2010 No. 5 s 65 (26)\nrenum 2010 No. 5 s 65 (28)\nsub 2024 No. 50 s 134\n(sch.1-sec.22-ssec.1) A business is a regulated business if the usual activities of the business include, or are likely to include— sport or active recreation activities directed mainly towards or involving children; or carrying on the business of a gym or play facility directed mainly towards children.\n(sch.1-sec.22-ssec.2) However, a business mentioned in subsection (1) is not a regulated business if— the business is carrying out activities limited to providing food, beverages or equipment; and there is no further contact with children by an employee of the business.\n- (a) sport or active recreation activities directed mainly towards or involving children; or\n- (b) carrying on the business of a gym or play facility directed mainly towards children.\n- (a) the business is carrying out activities limited to providing food, beverages or equipment; and\n- (b) there is no further contact with children by an employee of the business.","sortOrder":986},{"sectionNumber":"sch.1-sec.22A","sectionType":"section","heading":"Entertainment, beauty and photography services","content":"### sch.1-sec.22A Entertainment, beauty and photography services\n\nA business is a regulated business if—\nthe usual activities include, or are likely to include—\nproviding services directed mainly towards children; or\nconducting activities mainly involving children; and\nthe business relates to 1 of the following areas—\nan entertainment or party service;\na business providing for a person to appear as Santa or another costumed character directed at entertaining children\na beauty or talent program;\na photography service.\nHowever, a business mentioned in subsection (1) (b) (i) is not a regulated business if—\nthe business is carrying out activities limited to providing food, beverages or equipment; and\nthere is no further contact with children by an employee of the business.\nsch 1 s 22A ins 2024 No. 50 s 134\n(sch.1-sec.22A-ssec.1) A business is a regulated business if— the usual activities include, or are likely to include— providing services directed mainly towards children; or conducting activities mainly involving children; and the business relates to 1 of the following areas— an entertainment or party service; a business providing for a person to appear as Santa or another costumed character directed at entertaining children a beauty or talent program; a photography service.\n(sch.1-sec.22A-ssec.2) However, a business mentioned in subsection (1) (b) (i) is not a regulated business if— the business is carrying out activities limited to providing food, beverages or equipment; and there is no further contact with children by an employee of the business.\n- (a) the usual activities include, or are likely to include— (i) providing services directed mainly towards children; or (ii) conducting activities mainly involving children; and\n- (i) providing services directed mainly towards children; or\n- (ii) conducting activities mainly involving children; and\n- (b) the business relates to 1 of the following areas— (i) an entertainment or party service; Example of a business relating to an entertainment or party service— a business providing for a person to appear as Santa or another costumed character directed at entertaining children (ii) a beauty or talent program; (iii) a photography service.\n- (i) an entertainment or party service; Example of a business relating to an entertainment or party service— a business providing for a person to appear as Santa or another costumed character directed at entertaining children\n- (ii) a beauty or talent program;\n- (iii) a photography service.\n- (i) providing services directed mainly towards children; or\n- (ii) conducting activities mainly involving children; and\n- (i) an entertainment or party service; Example of a business relating to an entertainment or party service— a business providing for a person to appear as Santa or another costumed character directed at entertaining children\n- (ii) a beauty or talent program;\n- (iii) a photography service.\n- (a) the business is carrying out activities limited to providing food, beverages or equipment; and\n- (b) there is no further contact with children by an employee of the business.","sortOrder":987},{"sectionNumber":"sch.1-sec.23","sectionType":"section","heading":"Hostel for children other than residential facility","content":"### sch.1-sec.23 Hostel for children other than residential facility\n\nA business is a regulated business if the usual activities of the business include, or are likely to include, operating a place, other than a residential facility, at which a child accommodation service is provided under funding provided by the Commonwealth or by the department in which the Education (General Provisions) Act 2006 is administered.\nsch 1 s 23 (prev sch 1 s 15) ins 2004 No. 49 s 50 (7)\namd 2006 No. 39 s 512 (1) sch 1 ; 2010 No. 5 s 65 (27)\nrenum 2010 No. 5 s 65 (28)","sortOrder":988},{"sectionNumber":"sch.1-sec.24","sectionType":"section","heading":"Businesses relating to licensed care service under Child Protection Act 1999","content":"### sch.1-sec.24 Businesses relating to licensed care service under Child Protection Act 1999\n\nA business is a regulated business if the usual activities of the business include, or are likely to include—\ncarrying out activities or providing services inside a licensed residential facility; or\na licensed care service; or\nperforming a risk-assessed role for a licensed care service.\nsch 1 s 24 (prev sch 1 s 16) ins 2006 No. 17 s 56 (4)\nrenum 2010 No. 5 s 65 (28)\nsub 2022 No. 7 s 130\n- (a) carrying out activities or providing services inside a licensed residential facility; or\n- (b) a licensed care service; or\n- (c) performing a risk-assessed role for a licensed care service.","sortOrder":989},{"sectionNumber":"sch.1-sec.25","sectionType":"section","heading":"Non-State schools—directors of governing bodies and authorised persons","content":"### sch.1-sec.25 Non-State schools—directors of governing bodies and authorised persons\n\nA person is taken to be a person carrying on a regulated business by being—\na director of the governing body of an accredited school under the Education (Accreditation of Non-State Schools) Act 2017 ; or\nan authorised person under the Education (Accreditation of Non-State Schools) Act 2017 .\nsch 1 s 25 ins 2010 No. 5 s 65 (29)\nsub 2017 No. 24 s 269\n- (a) a director of the governing body of an accredited school under the Education (Accreditation of Non-State Schools) Act 2017 ; or\n- (b) an authorised person under the Education (Accreditation of Non-State Schools) Act 2017 .","sortOrder":990},{"sectionNumber":"sch.1-pt.3","sectionType":"part","heading":"Employment, or carrying on of a business, to which chapter 7 of this Act does not apply","content":"# Employment, or carrying on of a business, to which chapter 7 of this Act does not apply","sortOrder":991},{"sectionNumber":"sch.1-sec.26","sectionType":"section","heading":"Person engaged in employment for the police service","content":"### sch.1-sec.26 Person engaged in employment for the police service\n\nChapter 7 of this Act does not apply to the employment of a person who, within the meaning of the Police Service Administration Act 1990 , section 5AA .3, is a person engaged by the service, to the extent the person is performing a function mentioned in the Police Service Administration Act 1990 , section 2 .3.\nHowever, chapter 7 of this Act does apply to the employment under section 6 (1) of—\nan MRQ volunteer for providing a health service to a child in association with the performance of a function mentioned in the Marine Rescue Queensland Act 2024 , section 7 (1) ; or\nan SES local government employee or SES volunteer for providing a health service to a child in association with the performance of a function mentioned in the State Emergency Service Act 2024 , section 7 (1) .\nIn this section—\nhealth service means a service to which section 6 (3) , definition health service , paragraph (a) applies.\nMRQ volunteer see the Marine Rescue Queensland Act 2024 , schedule 1 .\nSES local government employee means an SES employee under the State Emergency Service Act 2024 who—\nperforms an SES function as an employee of a local government; and\ndoes not also perform an SES function as an employee of the State.\nSES volunteer means an SES member under the State Emergency Service Act 2024 who—\nperforms an SES function as a volunteer; and\ndoes not also perform an SES function as an employee of the State.\nsch 1 s 26 ins 2010 No. 5 s 65 (29)\namd 2019 No. 18 s 86 (1) sch 1 ; 2024 No. 18 s 38\n(sch.1-sec.26-ssec.1) Chapter 7 of this Act does not apply to the employment of a person who, within the meaning of the Police Service Administration Act 1990 , section 5AA .3, is a person engaged by the service, to the extent the person is performing a function mentioned in the Police Service Administration Act 1990 , section 2 .3.\n(sch.1-sec.26-ssec.2) However, chapter 7 of this Act does apply to the employment under section 6 (1) of— an MRQ volunteer for providing a health service to a child in association with the performance of a function mentioned in the Marine Rescue Queensland Act 2024 , section 7 (1) ; or an SES local government employee or SES volunteer for providing a health service to a child in association with the performance of a function mentioned in the State Emergency Service Act 2024 , section 7 (1) .\n(sch.1-sec.26-ssec.3) In this section— health service means a service to which section 6 (3) , definition health service , paragraph (a) applies. MRQ volunteer see the Marine Rescue Queensland Act 2024 , schedule 1 . SES local government employee means an SES employee under the State Emergency Service Act 2024 who— performs an SES function as an employee of a local government; and does not also perform an SES function as an employee of the State. SES volunteer means an SES member under the State Emergency Service Act 2024 who— performs an SES function as a volunteer; and does not also perform an SES function as an employee of the State.\n- (a) an MRQ volunteer for providing a health service to a child in association with the performance of a function mentioned in the Marine Rescue Queensland Act 2024 , section 7 (1) ; or\n- (b) an SES local government employee or SES volunteer for providing a health service to a child in association with the performance of a function mentioned in the State Emergency Service Act 2024 , section 7 (1) .\n- (a) performs an SES function as an employee of a local government; and\n- (b) does not also perform an SES function as an employee of the State.\n- (a) performs an SES function as a volunteer; and\n- (b) does not also perform an SES function as an employee of the State.","sortOrder":992},{"sectionNumber":"sch.1-sec.27","sectionType":"section","heading":"Employment of relevant person under the Corrective Services Act 2006","content":"### sch.1-sec.27 Employment of relevant person under the Corrective Services Act 2006\n\nChapter 7 of this Act does not apply to the employment of a person who is a person mentioned in the Corrective Services Act 2006 , section 327 , definition relevant person , to the extent the employment relates to the person’s functions under that Act.\nsch 1 s 27 ins 2010 No. 5 s 65 (29)\namd 2019 No. 18 s 86 (1) sch 1","sortOrder":993},{"sectionNumber":"sch.1-sec.28","sectionType":"section","heading":"Registered health practitioners","content":"### sch.1-sec.28 Registered health practitioners\n\nChapter 7 of this Act does not apply to the employment or carrying on of a business of a person who is a registered health practitioner to the extent the activities performed or services provided relate to the person’s functions as a registered health practitioner.\nsch 1 s 28 ins 2010 No. 5 s 65 (29)\namd 2010 No. 33 s 114 (2) ; 2019 No. 18 s 86 (1) sch 1","sortOrder":994},{"sectionNumber":"sch.1-sec.28A","sectionType":"section","heading":null,"content":"### Section sch.1-sec.28A\n\nsch 1 s 28A ins 2019 No. 18 s 69\nom 2024 No. 50 s 135","sortOrder":995},{"sectionNumber":"sch.1-sec.29","sectionType":"section","heading":"Person providing only help or guidance to child employee","content":"### sch.1-sec.29 Person providing only help or guidance to child employee\n\nChapter 7 of this Act does not apply to the employment of a person only because the person gives help or guidance to a child as part of the child’s employment.\nHowever, chapter 7 of this Act does apply to the employment of the person if the employment is otherwise regulated employment under part 1 of this schedule.\nsch 1 s 29 ins 2010 No. 5 s 65 (29)\namd 2019 No. 18 s 86 (1) sch 1\n(sch.1-sec.29-ssec.1) Chapter 7 of this Act does not apply to the employment of a person only because the person gives help or guidance to a child as part of the child’s employment.\n(sch.1-sec.29-ssec.2) However, chapter 7 of this Act does apply to the employment of the person if the employment is otherwise regulated employment under part 1 of this schedule.","sortOrder":996},{"sectionNumber":"sch.1-sec.30","sectionType":"section","heading":"Ambulance officers","content":"### sch.1-sec.30 Ambulance officers\n\nChapter 7 of this Act does not apply to the employment of a person as an ambulance officer under the Ambulance Service Act 1991 , section 13 or 14 to the extent the employment relates to the person’s functions under that Act.\nsch 1 s 30 ins 2010 No. 33 s 114 (3)\namd 2019 No. 18 s 86 (1) sch 1","sortOrder":997}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has significantly expanded from its original 2000 scope. It began as a relatively targeted screening scheme for child-related employment in Queensland. Over more than two decades of amendments, it has grown to encompass: regulated businesses (not just employment), interstate recognition and mutual obligations, disability support worker screening under NDIS frameworks, emergency services exemptions, a register of home-based care providers, executive officer liability for corporations, and more granular offence and penalty structures. The inclusion of provisions dealing with NDIS clearances and interstate adverse decisions represents a substantial expansion well beyond the original intent of a state-based employment screening regime."},"complexity_factors":["Extensive legislative history with dozens of provisions inserted, renumbered, relocated, and repealed across amendments from 2001 to 2024, making it difficult to follow the current operative text","Multiple tiers of offence categories (serious offences vs disqualifying offences) each defined by reference to multiple schedules not fully reproduced in this excerpt","Layered definitions of 'employment' that capture paid, unpaid, voluntary, oral, written, and placement-based arrangements — with multiple carve-outs and exceptions","Complex interaction with interstate and overseas screening regimes, including definitions of adverse interstate WWC decisions, conditional authorities, and interim bars","Different clearance types (working with children clearance vs working with children exemption) applicable to different categories of worker","Multiple aggravating circumstances that escalate penalties, requiring careful factual analysis to determine which penalty tier applies","Interaction with other Queensland legislation including the Child Protection Act, Criminal Law (Rehabilitation of Offenders) Act, Offender Reporting Act, NDIS legislation, and multiple emergency services Acts","Special treatment of categories such as disqualified persons, approved carers, police officers, registered teachers, executive officers of corporations, and trainee students","Provisions dealing with disability exclusions and interstate NDIS exclusions that add another regulatory layer beyond the core WWC scheme","Large number of schedules referenced throughout but not fully extracted, meaning the full scope of regulated employment and disqualifying offences cannot be determined from the text alone"],"plain_english_summary":"The Working with Children Check Act 2000 requires people who work, volunteer, or run businesses involving children in Queensland to be government‑screened and hold a valid clearance (or exemption for certain professionals) before engaging in child‑related work. It bars people with disqualifying offences, imposes employer verification and notification duties, and creates significant fines/prison penalties for non‑compliance. The law’s purpose is to protect children by keeping unsuitable people out of child‑facing roles."},"kimi_summary":{"_metrics":{"completionTokens":830},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 2000 scope. Major expansions include: (1) 2010 amendments creating the current detailed screening framework with risk assessments; (2) 2019 restructuring introducing the two-tier clearance/exemption system for police/teachers; (3) 2020 integration with disability worker screening allowing combined applications; (4) 2022 interstate information sharing via the national reference system; and (5) 2024 additions including the home-based care register (Chapter 8A), audit powers, and enhanced information sharing with prescribed entities. The Act now covers not just employment but businesses, home-based care services, and extensive cross-border coordination."},"complexity_factors":["Multiple overlapping definitions of 'employment' including unpaid work, trainees, and executive officers (sections 10-14)","Two-tier system with different rules for general applicants vs police/teachers (clearance vs exemption)","Extensive cross-referencing to schedules 1-6 for offence categories (serious offences, disqualifying offences, prescribed offences)","Nested conditional logic for suspension, cancellation, and review processes (sections 295-304)","Interstate information sharing mechanisms with complex definitions (sections 19-20, 320-320B)","Risk assessment framework with subjective elements like 'reasonable person test' (section 233)","Multiple information sharing gateways with different confidentiality rules (sections 340-344, 384-385)","Combined application system with disability worker screening (sections 187A, 190A, 196A)","Complex evidentiary provisions for mental health assessments (sections 329-338)","Numerous repealed and renumbered sections creating historical complexity"],"plain_english_summary":"**What this law does:**\n\nThis is Queensland's **Working with Children Check Act 2000** — a comprehensive scheme that screens people who want to work with children to keep kids safe from harm.\n\n**Who it affects:**\n- **Anyone working with children** in \"regulated employment\" (paid or volunteer) — including teachers, childcare workers, coaches, foster carers, and people running child-related businesses\n- **Employers** who must verify workers have clearance before hiring them\n- **Police officers and registered teachers** who need special exemptions\n- **People with criminal histories** who may be barred from child-related work\n\n**How it works:**\n\n1. **Apply for clearance** — Most people need a \"working with children clearance\" (general application). Police and teachers apply for an \"exemption\" instead.\n\n2. **Background check** — The chief executive checks police records, domestic violence orders, disciplinary actions, and interstate screening results.\n\n3. **Risk assessment** — If concerning information exists, the chief executive conducts a detailed risk assessment using the \"reasonable person test\" (would a reasonable parent let this person care for their child?).\n\n4. **Three possible outcomes:**\n   - **Clearance issued** — valid for 3 years (or longer if linked to disability worker screening)\n   - **Negative notice** — barred from child-related work\n   - **Application refused/withdrawn** — if identity can't be verified, or if charged with serious offences\n\n**Key protections:**\n- **Automatic disqualification** for serious crimes against children or certain sexual offences\n- **Suspension** if someone is charged with a prescribed offence while holding clearance\n- **Interstate information sharing** — checks against other states' child protection databases\n- **Strict confidentiality** — protected information can only be used for child safety purposes\n\n**Penalties are severe:** Up to 5 years imprisonment for working without clearance when prohibited, or for employers who knowingly hire barred individuals.\n\n**Why it matters:** The Act puts children's safety first, requiring ongoing monitoring and allowing authorities to cancel clearances if new risks emerge."}},"importantCases":[],"_links":{"self":"/api/acts/working-with-children-check-act-2000","history":"/api/acts/working-with-children-check-act-2000/history","analysis":"/api/acts/working-with-children-check-act-2000/analysis","conflicts":"/api/acts/working-with-children-check-act-2000/conflicts","importantCases":"/api/acts/working-with-children-check-act-2000/important-cases","documents":"/api/acts/working-with-children-check-act-2000/documents"}}