sec.20Giving information to chief executive (employment screening) about disciplinary action

sec.20 Giving information to chief executive (employment screening) about disciplinary action

This section applies if the regulatory authority— does any of the following (the disciplinary action ) under the Education and Care Services National Law (Queensland) (the Law )— amends a provider approval under section 23 of the Law ; suspends a provider approval under section 27 or 28 of the Law ; cancels or suspends a provider approval under section 33 of the Law ; amends a service approval under section 55 of the Law ; suspends a service approval under section 72 or 73 of the Law ; cancels or suspends a service approval under section 79 of the Law ; amends a supervisor certificate under section 120 of the Law ; cancels or suspends a supervisor certificate under section 125 of the Law ; suspends a supervisor certificate under section 126 of the Law ; and reasonably believes the disciplinary action may be relevant to the functions or powers of the chief executive (employment screening) under the Working with Children Check Act 2000 . The regulatory authority must give written notice of the disciplinary action to the chief executive (employment screening). A notice under subsection (2) must state the following for the person against whom the disciplinary action was taken— the person’s name and address; the person’s date and place of birth, if known; that disciplinary action has been taken against the person, without stating anything further about the disciplinary action. Subsection (5) applies if the chief executive (employment screening)— requests further information about the disciplinary action; and notifies the regulatory authority that the person— holds a working with children authority; or has made a working with children check application. The regulatory authority must give the chief executive (employment screening) a written notice stating the following— the form of the disciplinary action taken; when the conduct happened that constituted a ground for the disciplinary action; the nature of the conduct that constituted a ground for the disciplinary action; any other information about the disciplinary action the regulatory authority considers may be relevant to employment screening under the Working with Children Check Act 2000 , chapter 8 , including, for example, details about the nature of the disciplinary action. However, if the notice given under subsection (2) did not contain the person’s date and place of birth, subsection (5) applies only if— the request from the chief executive (employment screening) for the notice under subsection (5) includes the person’s date and place of birth; and the regulatory authority confirms the person’s date and place of birth with the person. A notice given under subsection (2) or (5) must not contain information that identifies, or is likely to identify, a particular child. If the regulatory authority gives the chief executive (employment screening) information under subsection (5) about disciplinary action and the disciplinary action is set aside on review or appeal, the regulatory authority must notify the chief executive (employment screening) of the following— the disciplinary action has been set aside; the reasons given by the entity that set the disciplinary action aside for setting it aside. s 20 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.20-ssec.1) This section applies if the regulatory authority— does any of the following (the disciplinary action ) under the Education and Care Services National Law (Queensland) (the Law )— amends a provider approval under section 23 of the Law ; suspends a provider approval under section 27 or 28 of the Law ; cancels or suspends a provider approval under section 33 of the Law ; amends a service approval under section 55 of the Law ; suspends a service approval under section 72 or 73 of the Law ; cancels or suspends a service approval under section 79 of the Law ; amends a supervisor certificate under section 120 of the Law ; cancels or suspends a supervisor certificate under section 125 of the Law ; suspends a supervisor certificate under section 126 of the Law ; and reasonably believes the disciplinary action may be relevant to the functions or powers of the chief executive (employment screening) under the Working with Children Check Act 2000 . (sec.20-ssec.2) The regulatory authority must give written notice of the disciplinary action to the chief executive (employment screening). (sec.20-ssec.3) A notice under subsection (2) must state the following for the person against whom the disciplinary action was taken— the person’s name and address; the person’s date and place of birth, if known; that disciplinary action has been taken against the person, without stating anything further about the disciplinary action. (sec.20-ssec.4) Subsection (5) applies if the chief executive (employment screening)— requests further information about the disciplinary action; and notifies the regulatory authority that the person— holds a working with children authority; or has made a working with children check application. (sec.20-ssec.5) The regulatory authority must give the chief executive (employment screening) a written notice stating the following— the form of the disciplinary action taken; when the conduct happened that constituted a ground for the disciplinary action; the nature of the conduct that constituted a ground for the disciplinary action; any other information about the disciplinary action the regulatory authority considers may be relevant to employment screening under the Working with Children Check Act 2000 , chapter 8 , including, for example, details about the nature of the disciplinary action. (sec.20-ssec.6) However, if the notice given under subsection (2) did not contain the person’s date and place of birth, subsection (5) applies only if— the request from the chief executive (employment screening) for the notice under subsection (5) includes the person’s date and place of birth; and the regulatory authority confirms the person’s date and place of birth with the person. (sec.20-ssec.7) A notice given under subsection (2) or (5) must not contain information that identifies, or is likely to identify, a particular child. (sec.20-ssec.8) If the regulatory authority gives the chief executive (employment screening) information under subsection (5) about disciplinary action and the disciplinary action is set aside on review or appeal, the regulatory authority must notify the chief executive (employment screening) of the following— the disciplinary action has been set aside; the reasons given by the entity that set the disciplinary action aside for setting it aside.