Part 7B—Qualifications required for maternal and child health nurses
S. 46ZAA inserted by No. 36/2020 s. 16, substituted by No. 43/2022 s. 100.
46ZAA Maternal and Child Health Centres
The operator of a Maternal and Child Health Centre must not employ or engage a nurse to provide a prescribed maternal and child health nursing service, unless the nurse has—
(a) a prescribed specialist maternal and child health nursing qualification, or a qualification that is determined in accordance with the regulations as being substantially equivalent to that qualification; and
(b) any prescribed prerequisite.
S. 46ZAB inserted by No. 36/2020 s. 16, substituted by No. 43/2022 s. 100.
46ZAB State-wide telephone services
A person who operates a state-wide telephone advice service that provides maternal and child health advice must not employ or engage a nurse to provide a prescribed maternal and child health nursing service, unless the nurse has—
(a) a prescribed specialist maternal and child health nursing qualification, or a qualification that is determined in accordance with the regulations as being substantially equivalent to that qualification; and
(b) any prescribed prerequisite.
S. 46ZAC inserted by No. 36/2020 s. 16.
46ZAC Part not to affect employment contracts or workplace instruments
Nothing in this Part is intended to constitute a term of or to alter or vary, or authorise or require the alteration or variation of—
(a) any employment contract; or
(b) any workplace instrument within the meaning of the Fair Work Act 2009 of the Commonwealth.
Part 8—General
Pt 8 Div. 1 (Heading and ss 46ZA, 46ZB) inserted by No. 11/2018 s. 11.
Division 1—Offences by bodies corporate
S. 46ZA inserted by No. 11/2018 s. 11.
46ZA Imputing conduct to bodies corporate
For the purposes of this Act and the regulations, any conduct engaged in by or on behalf of a body corporate by an employee, agent or officer (within the meaning given by section 9 of the Corporations Act) of the body corporate acting within the actual or apparent scope of employment or apparent authority of the employee, agent or officer, is conduct also engaged in by the body corporate.
S. 46ZB inserted by No. 11/2018 s. 11.
46ZB Criminal liability of officers of bodies corporate—accessorial liability
(1) If a body corporate commits an offence against a provision specified in subsection (2), an officer of the body corporate also commits an offence against the provision if the officer—
(a) authorised or permitted the commission of the offence by the body corporate; or
(b) was knowingly concerned in any way (whether by act or omission) in the commission of the offence by the body corporate.
(2) For the purposes of subsection (1), the following provisions are specified—
(a) section 41ZK(1);
(b) section 41ZL(1);
(c) section 41ZM(1);
(d) section 46T;
(e) section 46U(1);
(f) section 46V(1);
(g) section 46W(1).
(3) Without limiting any other defence available to the officer, an officer of a body corporate may rely on a defence that would be available to the body corporate if it were charged with the offence with which the officer is charged and, in doing so, the officer bears the same burden of proof that the body corporate would bear.
(4) An officer of a body corporate may commit an offence against a provision specified in subsection (2) whether or not the body corporate has been prosecuted for, or found guilty of, an offence against that provision.
(5) In this section—
body corporate has the same meaning as corporation has in section 57A of the Corporations Act;
officer, in relation to a body corporate, means—
(a) a person who is an officer (as defined by section 9 of the Corporations Act) of the body corporate; or
(b) a person (other than a person referred to in paragraph (a)), by whatever name called, who is concerned in, or takes part in, the management of the body corporate.
(6) This section does not affect the operation of section 323 or 324 of the Crimes Act 1958.
Pt 8 Div. 2 (Heading) inserted by No. 11/2018 s. 11.
Division 2—Regulations
S. 46ZC inserted by No. 11/2018 s. 11.
46ZC Information sharing and Child Link regulation making power
(1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to Parts 6A and 7A.
(2) Without limiting subsection (1), the Governor in Council may make regulations for or with respect to—
(a) prescribing a person to be an information sharing entity; and
(b) prescribing a body to be an information sharing entity; and
(c) prescribing a person or body to belong to a category of restricted information sharing entity; and
(d) prohibiting or regulating the type of information that may be used, disclosed or handled by an information sharing entity or a category of restricted information sharing entity; and
(e) prohibiting or regulating the type of information that may be requested or collected by an information sharing entity or a category of restricted information sharing entity; and
(f) prescribing information to be excluded information; and
(g) prescribing the purposes for which an information sharing entity or a category of restricted information sharing entity may use or disclose confidential information; and
(h) subject to subsection (6), prescribing specified persons employed or engaged by an information sharing entity or a restricted information sharing entity to perform specified functions or exercise specified powers on behalf of an information sharing entity or a restricted information sharing entity, including by specifying any of the following, to perform specified functions under Part 6A—
(i) the business unit, branch or area (however described) of an information sharing entity or a restricted information sharing entity;
(ii) the business unit, branch or area (however described) of an information sharing entity or a restricted information sharing entity operating at a specified geographical location;
(iii) the person's qualifications or experience;
(iv) the person's position description, classification or functions; and
S. 46ZC(2)(i) amended by No. 6/2024 s. 10.
(i) enabling an information sharing entity that is a public sector body Head or a restricted information sharing entity that is a public sector body Head—
(i) to delegate its powers, duties and functions under Part 6A or the regulations; and
(ii) to sub-delegate any powers, duties and functions under Part 6A or the regulations that have been delegated to the information sharing entity; and
S. 46ZC(2)(j) amended by No. 6/2024 s. 10.
(j) prescribing the persons and bodies to which powers, duties and functions may be delegated or sub-delegated by an information sharing entity that is a public sector body Head or a restricted information sharing entity that is a public sector body Head; and
(k) prohibiting or regulating the disclosure of confidential information between information sharing entities; and
(l) prohibiting or regulating the disclosure of confidential information between categories of restricted information sharing entity; and
(m) prescribing the information to be recorded by an information sharing entity or a category of restricted information sharing entity for the purposes of section 41ZC; and
(n) prescribing provisions of Acts for the purposes of section 41ZH; and
(o) prescribing the process by which a person may be authorised to be a Child Link user for the purposes of section 46K(1)(w) and prescribing a person to provide a written authorisation in accordance with that process.
(c) may confer a discretionary authority or impose a duty on a specified person or body or a specified class of persons or bodies; and
(d) leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by a specified person.
(4) Regulations made for the purposes of subsection (2)(a) or (c) may prescribe a person or class of person who is engaged in a role that requires the handling of confidential information, including but not limited to any of the following persons—
(a) a nurse;
(b) a midwife;
(c) a police officer;
(d) a registered medical practitioner;
(e) a disability service provider within the meaning of the Disability Act 2006;
(f) a psychologist within the meaning of the Health Practitioner Regulation National Law;
(g) a teacher;
(h) a principal of a registered school.
(5) Regulations made for the purposes of subsection (2)(b) or (c) may prescribe a body or class of body that has a function that requires the handling of confidential information, including but not limited to any of the following bodies—
(a) a community service organisation funded by the State government to provide services to individuals;
(b) a public sector body within the meaning of the Public Administration Act 2004;
(c) a health service provider within the meaning of section 3(1) of the Health Records Act 2001;
(d) the office of the Disability Services Commissioner within the meaning of the Disability Act 2006;
(e) an education and care service or a children's service;
(f) a provider of education services to children;
(g) a school (whether a Government school or a non-Government school).
(6) Regulations made for the purposes of subsection (2)(a), (b), (c) or (h) may prescribe a person or body specified in section 41T if the prescription of that person or body is in respect of a function other than a judicial or quasi-judicial function involving the handling of confidential information performed by that person or body.
(7) Regulations made under this section may enable an information sharing entity or a restricted information sharing entity to disclose confidential information to a person or body that is not subject to the law of the State.
(8) Nothing in Part 6A or regulations made under this section is taken to impose a requirement on a person or body who is not subject to the law of the State.
S. 46ZD inserted by No. 36/2020 s. 17.
46ZD Maternal and child health nurse regulation making power
(1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to Part 7B.
(2) Without limiting subsection (1), the Governor in Council may make regulations for or with respect to—
(a) prescribing a service to be a maternal and child health nursing service; and
(b) prescribing a qualification to be a specialist maternal and child health nursing qualification; and
S. 46ZD(2)(c) amended by No. 43/2022 s. 101(1)(a).
(c) providing for processes or requirements to determine whether a qualification is substantially equivalent to a prescribed specialist maternal and child health nursing qualification; and
S. 46ZD(2)(d) inserted by No. 43/2022 s. 101(1)(b).
(d) prescribing a prerequisite for a nurse who is employed or engaged to provide maternal and child health nursing services.
(c) may confer a discretionary authority or impose a duty on a specified person or body or a specified class of persons or bodies; and
(d) may leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by a specified person.
S. 46ZD(4) inserted by No. 43/2022 s. 101(2).
(4) The regulations may apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any person, whether—
(a) wholly or partially or as amended by the regulations; or
(b) as formulated, issued, prescribed or published at the time the regulations are made or at any time before then; or
(c) as formulated, issued, prescribed or published from time to time.
S. 46ZE inserted by No. 23/2021 s. 77 (as amended by No. 43/2022 s. 14).
46ZE Child Safe Standards regulation making power
(1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to Part 6.
(2) Without limiting subsection (1), the Governor in Council may make regulations for or with respect to the following—
(a) prescribing a person or body to be a sector regulator in relation to a relevant entity or a class of relevant entities for the purposes of section 25B;
(b) prescribing a person or body to be an integrated sector regulator in relation to a relevant entity or a class of relevant entities;
S. 46ZE(2)(c) amended by No. 58/2025 s. 51.
(c) prescribing functions of the Social Services Regulator for the purposes of Part 6;
(d) prescribing a person or body to whom a relevant person may disclose protected information;
S. 46ZE(2)(e) amended by No. 58/2025 s. 51.
(e) prescribing matters on which the Social Services Regulator may report;
(f) any savings or transitional provisions required as a consequence of the amendments made by the Child Wellbeing and Safety (Child Safe Standards Compliance and Enforcement) Amendment Act 2021.
(c) may confer a discretionary authority or impose a duty on a specified person or body or a specified class of persons or bodies; and
(d) may leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by a specified person.
S. 47 (Heading) substituted by No. 11/2018 s. 12.
S. 47 substituted by No. 63/2015 s. 7.
Part Part 7B - Child Wellbeing and Safety Act 2005 - Qualifications required for maternal and child health nurses | Zoe