sec.15Matters for deciding if an individual is suitable

sec.15 Matters for deciding if an individual is suitable

An individual is not a suitable person to operate, or to be involved in the operation of, a QEC service unless the individual— holds a working with children authority; or has made a working with children check (exemption) application and the application has not been decided or withdrawn. See also the Working with Children Check Act 2000 , schedule 1 , section 18 . Subsection (1) applies subject to section 238 . An individual is not a suitable person to operate a QEC service if a prohibition notice is in force for the individual. Other matters that the chief executive must consider in deciding a person’s suitability to operate a QEC service include the following— any contravention by the person of a provision of this Act, the repealed Act or the Education and Care Services National Law (Queensland) , whether or not the contravention constituted an offence; any previous refusal of an application by the person for a child-related authority or for renewal of a child-related authority, or a suspension or cancellation of a child-related authority held by the person; the person’s involvement in the operation of an entity so far as the operation relates to a matter mentioned in paragraph (a) or (b) . the person’s involvement, as a director of a company, in the committing of an offence against this Act by the company In this section— child-related authority means— an approval under this Act; or a licence under the repealed Child Care Act 2002 or the repealed Child Care Act 1991 ; or a provider approval, service approval or supervisor certificate under the Education and Care Services National Law (Queensland) ; or a licence, authority or permit, under a law of Queensland or another jurisdiction, to carry out an activity involving children. operate , in relation to a service, includes be involved in the operation of the service. s 15 amd 2014 No. 28 s 105 sch 1 ; 2019 No. 18 s 86 (2) sch 2 ; 2024 No. 49 s 130 sch 4 pt 2 (sec.15-ssec.1) An individual is not a suitable person to operate, or to be involved in the operation of, a QEC service unless the individual— holds a working with children authority; or has made a working with children check (exemption) application and the application has not been decided or withdrawn. See also the Working with Children Check Act 2000 , schedule 1 , section 18 . (sec.15-ssec.2) Subsection (1) applies subject to section 238 . (sec.15-ssec.3) An individual is not a suitable person to operate a QEC service if a prohibition notice is in force for the individual. (sec.15-ssec.4) Other matters that the chief executive must consider in deciding a person’s suitability to operate a QEC service include the following— any contravention by the person of a provision of this Act, the repealed Act or the Education and Care Services National Law (Queensland) , whether or not the contravention constituted an offence; any previous refusal of an application by the person for a child-related authority or for renewal of a child-related authority, or a suspension or cancellation of a child-related authority held by the person; the person’s involvement in the operation of an entity so far as the operation relates to a matter mentioned in paragraph (a) or (b) . the person’s involvement, as a director of a company, in the committing of an offence against this Act by the company (sec.15-ssec.5) In this section— child-related authority means— an approval under this Act; or a licence under the repealed Child Care Act 2002 or the repealed Child Care Act 1991 ; or a provider approval, service approval or supervisor certificate under the Education and Care Services National Law (Queensland) ; or a licence, authority or permit, under a law of Queensland or another jurisdiction, to carry out an activity involving children. operate , in relation to a service, includes be involved in the operation of the service.