Page 142
Authorised by the Parliamentary Counsel
[s 201]
Education and Other Legislation Amendment Bill 2026
Part 15 Amendment of Queensland Theatre Company Act 1970
201 Amendment of s 35 (Delegation by director)
(1) Section 35(1), ‘powers’—
omit, insert—
functions
(2) Section 35(1), ‘power’—
omit, insert—
function
(3) Section 35—
insert—
(3) In this section—
function includes power.
202 Insertion of new ss 35A and 35B
After section 35—
insert—
35A Leave of absence for director
The chairperson may approve a leave of absence
for the director for a period of not more than 3
months.
35B Acting director
(1) This section applies if—
(a) the office of the director is vacant; or
(b) the director is absent from duty or is
otherwise unable to perform the functions of
the office.
(2) The theatre company may appoint a person to act
in the office for a period of not more than 3
months.
(3) Subsection (2) does not limit the Governor in
Clause 1
2
3
4
5
6
7
8
9
10
11
Clause 12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Page 143
Authorised by the Parliamentary Counsel
[s 203]
Education and Other Legislation Amendment Bill 2026
Part 15 Amendment of Queensland Theatre Company Act 1970
Council’s power under the Acts Interpretation Act
1954, section 25(1)(b)(iv) and (v).
203 Amendment of s 38 (Committees)
(1) Section 38(2) and (3)—
omit, insert—
(2) A committee may perform the functions or
exercise the powers delegated to it by the theatre
company under section 30.
(3) In performing the functions or exercising the
powers mentioned in subsection (2), a committee
is subject to the directions of the theatre company.
(2) Section 38(5), after ‘part in’—
insert—
the performance of the functions and
204 Insertion of new pt 2, div 7
Part 2—
insert—
Division 7 Criminal history
38A Definition for division
In this division—
criminal history, of a person, means the person’s
criminal history within the meaning of the
Criminal Law (Rehabilitation of Offenders) Act
1986, other than a spent conviction.
38B Criminal history reports
(1) This section applies if the Minister is deciding
1
2
Clause 3
4
5
6
7
8
9
10
11
12
13
14
Clause 15
16
17
18
19
20
21
22
23
24
25
26
Page 144
Authorised by the Parliamentary Counsel
[s 204]
Education and Other Legislation Amendment Bill 2026
Part 15 Amendment of Queensland Theatre Company Act 1970
whether a person is disqualified from becoming or
continuing as a member.
(2) The Minister may ask the police commissioner
for—
(a) a written report about the criminal history of
the person; and
(b) a brief description of the circumstances of a
conviction mentioned in the criminal
history.
(3) However, the Minister may make the request only
if the person has given the Minister written
consent for the request.
(4) The police commissioner must comply with the
request.
(5) However, the duty to comply under subsection (4)
applies only to information in the possession of
the police commissioner or to which the police
commissioner has access.
38C Requirement to disclose changes in criminal
history
(1) This section applies if a person who is a member
is charged with or convicted of an indictable
offence during the term of the person’s
appointment.
(2) The person must, immediately after the person is
charged or convicted, give the Minister notice
under subsection (3) of the charge or conviction,
unless the person has a reasonable excuse.
Maximum penalty—100 penalty units.
(3) The notice must state—
(a) the existence of the charge or conviction;
and
(b) for a charge—
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
Section retrieval-0012 - Education and Other Legislation Amendment Bill 2026 - Document excerpt 12 | Zoe
Page 145
Authorised by the Parliamentary Counsel
[s 204]
Education and Other Legislation Amendment Bill 2026
Part 15 Amendment of Queensland Theatre Company Act 1970
(i) details adequate to identify the alleged
offence; and
(ii) when the offence was alleged to have
been committed; and
(c) for a conviction—
(i) details adequate to identify the offence;
and
(ii) when the offence was committed; and
(iii) the sentence imposed on the person.
38D Confidentiality of criminal history information
(1) This section applies to a person who—
(a) is, or has been—
(i) the Minister or a member of the
Minister’s staff; or
(ii) a public service employee performing
functions under, or relating to the
administration of, this division; and
(b) in that capacity, has acquired or has access
to criminal history information.
(2) The person must not disclose the criminal history
information to anyone else, or use the
information, other than under this section.
Maximum penalty—100 penalty units.
(3) The person may disclose or use the criminal
history information—
(a) to the extent the disclosure or use—
(i) is necessary to perform the person’s
functions under, or relating to the
administration of, this Act; or
(ii) is otherwise required or permitted
under this Act or another law; or
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
Page 146
Authorised by the Parliamentary Counsel
[s 205]
Education and Other Legislation Amendment Bill 2026
Part 15 Amendment of Queensland Theatre Company Act 1970
(b) with the consent of the person to whom the
information relates.
(4) A person who possesses a report given under
section 38B or a notice given under section 38C
must ensure the report or notice is destroyed as
soon as practicable after it is no longer needed for
the purpose for which it was given.
(5) Subsection (4) applies despite the Public Records
Act 2023.
(6) In this section—
criminal history information means information
contained in—
(a) a report given under section 38B; or
(b) a notice given under section 38C.
disclose includes give access to.
205 Amendment of s 44 (Draft strategic and operational
plans)
Section 44(4)(c)—
omit.
206 Amendment of s 46 (Strategic and operational plans on
agreement)
Section 46(2)—
omit.
207 Omission of ss 49–51
Sections 49 to 51—
omit.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
Clause 16
17
18
19
Clause 20
21
22
23
Clause 24
25
26
Page 147
Authorised by the Parliamentary Counsel
[s 208]
Education and Other Legislation Amendment Bill 2026
Part 15 Amendment of Queensland Theatre Company Act 1970
208 Insertion of new s 51
Before section 52—
insert—
51 Minister may give statement of expectations
(1) The Minister may give the theatre company a
written statement (a statement of expectations)
about the Minister’s expectations in relation to the
performance by the company of its functions.
(2) A statement of expectations may—
(a) apply for a particular period stated in the
statement; and
(b) provide for any of the following matters—
(i) the theatre company’s strategic or
operational activities;
(ii) the nature and scope of the theatre
company’s activities proposed to be
carried out for a particular period;
(iii) information required to be given to the
Minister by the theatre company;
(iv) the way the theatre company must
report to the Minister about its
activities;
(v) the sharing of information with a
government entity.
(3) The theatre company must have regard to a
statement of expectations in performing its
functions.
209 Amendment of s 54 (Annual report)
Section 54—
insert—
Clause 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
Clause 28
29
30
Page 148
Authorised by the Parliamentary Counsel
[s 210]
Education and Other Legislation Amendment Bill 2026
Part 15 Amendment of Queensland Theatre Company Act 1970
(e) details of each statement of expectations
given by the Minister during the relevant
financial year and any actions taken by the
company.
210 Amendment of s 55 (Delegation by Minister)
(1) Section 55(1), ‘powers’—
omit, insert—
functions
(2) Section 55(1), ‘officer of’—
omit, insert—
public service officer employed in
(3) Section 55(2)(a), ‘section 12(1)(j)’—
omit, insert—
section 12(1)(k)
(4) Section 55(2)—
insert—
(ca) the power to give the theatre company a
statement of expectations;
(5) Section 55(2)(ca) and (d)—
renumber as section 55(2)(d) and (e).
(6) Section 55—
insert—
(3) In this section—
function includes power.
211 Replacement of s 56 (Protection from liability of
members)
Section 56—
1
2
3
4
Clause 5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Clause 25
26
27
Page 149
Authorised by the Parliamentary Counsel
[s 211]
Education and Other Legislation Amendment Bill 2026
Part 15 Amendment of Queensland Theatre Company Act 1970
omit, insert—
56 Confidentiality
(1) This section applies to a person who—
(a) is, or has been—
(i) the Minister or a member of the
Minister’s staff; or
(ii) a public service employee performing
functions under, or relating to the
administration of, this Act; and
(b) in that capacity, has acquired or has access
to confidential information about another
person.
(2) The person must not disclose the confidential
information to anyone else, or use the
information, other than under this section.
Maximum penalty—100 penalty units.
(3) The person may disclose or use the confidential
information—
(a) to the extent the disclosure or use—
(i) is necessary to perform the person’s
functions under, or relating to the
administration of, this Act; or
(ii) is otherwise required or permitted
under this Act or another law; or
(b) with the consent of the person to whom the
information relates; or
(c) in compliance with a lawful process
requiring production of documents to, or
giving evidence before, a court or tribunal.
(4) In this section—
confidential information—
(a) means the following information—
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
Page 150
Authorised by the Parliamentary Counsel
[s 212]
Education and Other Legislation Amendment Bill 2026
Part 15 Amendment of Queensland Theatre Company Act 1970
(i) personal information;
(ii) information given in a notice under
section 11A(3);
(iii) information that would be likely to
damage the commercial activities of a
person to whom the information
relates; but
(b) does not include criminal history
information under section 38D or
information that is lawfully available to the
public.
disclose includes give access to.
information includes a document.
personal information see the Information
Privacy Act 2009, section 12.
212 Amendment of s 57 (Illegal borrowing)
Section 57—
insert—
(8) The Public Sector Act 2022, sections 269 and 270
do not prevent civil liability imposed on a
member under this section from attaching to the
member.
213 Insertion of new pt 8, div 3
Part 8—
insert—
Division 3 Transitional provision for
Education and Other
Legislation Amendment
Act 2026
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
Clause 16
17
18
19
20
21
22
Clause 23
24
25
26
27
28
29
Page 151
Authorised by the Parliamentary Counsel
[s 214]
Education and Other Legislation Amendment Bill 2026
Part 16 Amendment of Working with Children Check Act 2000
75 Application of new s 11A and new pt 2, div 7
(1) New section 11A and new part 2, division 7 apply
in relation to a member holding office after the
commencement, whether the member was
appointed before or after the commencement.
(2) In this section—
new, in relation to a provision of this Act, means
the provision as in force from the commencement.
214 Insertion of new sch 1
After part 8—
insert—
Schedule 1 Dictionary
section 2
Part 16 Amendment of Working with
Children Check Act 2000
215 Act amended
This part amends the Working with Children Check Act 2000.
216 Amendment of sch 1 (Regulated employment and
businesses for employment screening)
Schedule 1, section 4B—
insert—
(2) However, employment mentioned in subsection
(1)(a) is not regulated employment if—
(a) the employee is an approved teacher; and
1
2
3
4
5
6
7
8
Clause 9
10
11
12
13
14
15
Clause 16
17
Clause 18
19
20
21
22
23
24
Page 152
Authorised by the Parliamentary Counsel
[s 217]
Education and Other Legislation Amendment Bill 2026
Part 17 Other amendments
(b) any of the usual functions of the
employment are carried out, or likely to be
carried out, at an education and training
centre.
217 Amendment of sch 7 (Dictionary)
(1) Schedule 7—
insert—
education and training centre see the Education
(General Provisions) Act 2006, schedule 4.
(2) Schedule 7, definition school, paragraph (a), after
‘institution’—
insert—
, other than an education and training centre
Part 17 Other amendments
218 Legislation amended
Schedule 1 amends the legislation it mentions.
1
2
3
4
Clause 5
6
7
8
9
10
11
12
13
14
Clause 15
16
Schedule 1
Education and Other Legislation Amendment Bill 2026
Page 153
Authorised by the Parliamentary Counsel
Schedule 1 Other amendments
section 218
Duties Act 2001
1 Section 393—
omit.
Education (Queensland College of Teachers) Act 2005
1 Amendments to replace ‘director’ with ‘chief executive
officer of the office’—
Each of the following provisions is amended by omitting
‘director’ and inserting ‘chief executive officer of the
office’—
• section 221(a)(iv) and (b)(v)
• section 222(d)
• section 223
• section 239(2)
• section 240(3)(a)
• section 252(2)(a)
• section 261(1)
• section 264(1)(c)
• section 279, first mention
• section 280(1), first mention.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
Schedule 1
Education and Other Legislation Amendment Bill 2026
Page 154
Authorised by the Parliamentary Counsel
2 Amendments to replace ‘director’ with ‘chief executive
officer’—
Each of the following provisions is amended by omitting
‘director’ and inserting ‘chief executive officer’—
• section 240(3)(b) and (4)
• section 261, heading
• section 261(2)
• section 279, heading
• section 280, heading
• section 280(1)(b).
3 Section 92(1)(b) to (j)—
renumber as section 92(1)(a) to (h).
4 Section 92(2) and (4), ‘subsection (1)(h)’—
omit, insert—
subsection (1)(f)
5 Section 92(3), ‘change’—
omit, insert—
charge
6 Section 95(1), from ‘mentioned in any’ to ‘section 92(1)’—
omit.
7 Section 96, from ‘mentioned in’ to ‘section 92(1)’—
omit.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
Schedule 1
Education and Other Legislation Amendment Bill 2026
Page 155
Authorised by the Parliamentary Counsel
8 Section 211(3)(a), ‘PP&C committee’—
omit, insert—
PC&TC committee
9 Section 221(a)(vi) and (b)(vii), ‘PP&C committee’—
omit, insert—
PC&TC committee
10 Section 279, ‘director’s’—
omit, insert—
chief executive officer’s
11 Schedule 1, entry for section 123(4)(a), column 2, ‘PP&C
committee’s’—
omit, insert—
PC&TC committee’s
Integrity Act 2009
1 Schedule 1, entry for Education (Queensland College of
Teachers) Act 2005, ‘director’—
omit, insert—
chief executive officer
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
Schedule 1
Education and Other Legislation Amendment Bill 2026
Page 156
Authorised by the Parliamentary Counsel
Libraries Act 1988
1 Section 12(2)(a), ‘way or’—
omit, insert—
way of
2 Section 13B, heading, ‘the’—
omit.
3 Section 44(3), ‘by written’—
omit, insert—
, by
4 Section 47(2), ‘written’—
omit.
Public Sector Act 2022
1 Schedule 1, entry for Office of the Queensland College of
Teachers, column 2, ‘director’—
omit, insert—
chief executive officer
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
Schedule 1
Education and Other Legislation Amendment Bill 2026
Page 157
Authorised by the Parliamentary Counsel
Queensland Art Gallery Act 1987
1 Sections 12B and 26, heading, ‘the’—
omit.
2 Sections 26(3), 44(3) and 47(2), ‘written’—
omit.
3 Section 40H(2)(b), ‘members voting on’—
omit, insert—
members voting for
Queensland Museum Act 1970
1 Sections 19 and 35B, heading, ‘the’—
omit.
2 Sections 19(3), 46(3) and 49(2), ‘written’—
omit.
3 Section 20, heading, before ‘specimens’—
insert—
other
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
Schedule 1
Education and Other Legislation Amendment Bill 2026
Page 158
Authorised by the Parliamentary Counsel
Queensland Performing Arts Trust Act 1977
1 Sections 18 and 32B, heading, ‘the’—
omit.
2 Sections 18(3), 45(3) and 48(2), ‘written’—
omit.
Queensland Theatre Company Act 1970
1 Section 31B, heading, ‘the’—
omit.
2 Sections 45(3) and 48(2), ‘written’—
omit.
3 Section 47(3), ‘the company’s’—
omit, insert—
the theatre company’s
4 Section 48(2), ‘the company’—
omit, insert—
the theatre company
5 Section 52(2), ‘which the company’—
omit, insert—
which the theatre company
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19