sec.21Giving information to chief executive (employment screening) about prohibition notices

sec.21 Giving information to chief executive (employment screening) about prohibition notices

This section applies if the regulatory authority gives a person a prohibition notice under the Education and Care Services National Law (Queensland) , part 7 , division 3 . The regulatory authority must give written notice of the giving of the prohibition notice to the chief executive (employment screening). A notice under subsection (2) must state the following— the person’s name and address; the person’s date and place of birth, if known; the person has been given a prohibition notice, without stating anything further about the giving of the prohibition notice. Subsection (5) applies if the chief executive (employment screening)— requests further information about the prohibition notice; 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— when the conduct that resulted in the prohibition notice happened; the nature of the conduct that resulted in the prohibition notice; any other information about the prohibition notice 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 prohibition notice. 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. If a prohibition notice is given in relation to conduct relating to a particular child, a notice given under subsection (2) or (5) about the prohibition notice must not contain information that identifies, or is likely to identify, the child. If the regulatory authority gives the chief executive (employment screening) information under subsection (5) about a prohibition notice and the prohibition notice is set aside on review or appeal, the regulatory authority must notify the chief executive (employment screening) of the following— the prohibition notice has been set aside; the reasons given by the entity that set the prohibition notice aside for setting it aside. Also, under the Education and Care Services National Law (Queensland) , section 271 (5) , the regulatory authority may disclose, to the chief executive of the department responsible for the administration of the Working with Children Check Act 2000 , a prohibition notice as applying in any participating jurisdiction in respect of the person. s 21 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.21-ssec.1) This section applies if the regulatory authority gives a person a prohibition notice under the Education and Care Services National Law (Queensland) , part 7 , division 3 . (sec.21-ssec.2) The regulatory authority must give written notice of the giving of the prohibition notice to the chief executive (employment screening). (sec.21-ssec.3) A notice under subsection (2) must state the following— the person’s name and address; the person’s date and place of birth, if known; the person has been given a prohibition notice, without stating anything further about the giving of the prohibition notice. (sec.21-ssec.4) Subsection (5) applies if the chief executive (employment screening)— requests further information about the prohibition notice; and notifies the regulatory authority that the person— holds a working with children authority; or has made a working with children check application. (sec.21-ssec.5) The regulatory authority must give the chief executive (employment screening) a written notice stating the following— when the conduct that resulted in the prohibition notice happened; the nature of the conduct that resulted in the prohibition notice; any other information about the prohibition notice 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 prohibition notice. (sec.21-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.21-ssec.7) If a prohibition notice is given in relation to conduct relating to a particular child, a notice given under subsection (2) or (5) about the prohibition notice must not contain information that identifies, or is likely to identify, the child. (sec.21-ssec.8) If the regulatory authority gives the chief executive (employment screening) information under subsection (5) about a prohibition notice and the prohibition notice is set aside on review or appeal, the regulatory authority must notify the chief executive (employment screening) of the following— the prohibition notice has been set aside; the reasons given by the entity that set the prohibition notice aside for setting it aside. Also, under the Education and Care Services National Law (Queensland) , section 271 (5) , the regulatory authority may disclose, to the chief executive of the department responsible for the administration of the Working with Children Check Act 2000 , a prohibition notice as applying in any participating jurisdiction in respect of the person.