QLDIn ForceAct
Public Sector Act 2022
sec.80Commissioner must make directive for this part
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### sec.80 Commissioner must make directive for this part
The commissioner must make a directive for this part.
The directive must include provision for—
the circumstances in which a chief executive may decide it is necessary to obtain the criminal history of a person; and
the following matters—
the types of places a chief executive may decide are places at which services are provided only or mainly to a child or children;
the types of roles a chief executive may decide involve providing services only or mainly to a child or children;
the duties that involve contact with a child or children that is of a type, or happens in a context, that may create an unacceptable level of risk for the child or children; and
giving a person a reasonable opportunity to make written representations about a criminal history report before an adverse decision relating to the person is made.
In this section—
adverse decision , relating to a person, means a decision about the person’s suitability for engagement or continued engagement to perform—
relevant duties in relation to which a criminal history report was obtained, other than a decision that the person is suitable for engagement to perform the relevant duties; or
child-related duties, other than a decision that the person is suitable for engagement to perform the child-related duties; or
duties that are regulated employment, other than a decision that the person is suitable to perform the duties.
(sec.80-ssec.1) The commissioner must make a directive for this part.
(sec.80-ssec.2) The directive must include provision for— the circumstances in which a chief executive may decide it is necessary to obtain the criminal history of a person; and the following matters— the types of places a chief executive may decide are places at which services are provided only or mainly to a child or children; the types of roles a chief executive may decide involve providing services only or mainly to a child or children; the duties that involve contact with a child or children that is of a type, or happens in a context, that may create an unacceptable level of risk for the child or children; and giving a person a reasonable opportunity to make written representations about a criminal history report before an adverse decision relating to the person is made.
(sec.80-ssec.3) In this section— adverse decision , relating to a person, means a decision about the person’s suitability for engagement or continued engagement to perform— relevant duties in relation to which a criminal history report was obtained, other than a decision that the person is suitable for engagement to perform the relevant duties; or child-related duties, other than a decision that the person is suitable for engagement to perform the child-related duties; or duties that are regulated employment, other than a decision that the person is suitable to perform the duties.
- (a) the circumstances in which a chief executive may decide it is necessary to obtain the criminal history of a person; and
- (b) the following matters— (i) the types of places a chief executive may decide are places at which services are provided only or mainly to a child or children; (ii) the types of roles a chief executive may decide involve providing services only or mainly to a child or children; (iii) the duties that involve contact with a child or children that is of a type, or happens in a context, that may create an unacceptable level of risk for the child or children; and
- (i) the types of places a chief executive may decide are places at which services are provided only or mainly to a child or children;
- (ii) the types of roles a chief executive may decide involve providing services only or mainly to a child or children;
- (iii) the duties that involve contact with a child or children that is of a type, or happens in a context, that may create an unacceptable level of risk for the child or children; and
- (c) giving a person a reasonable opportunity to make written representations about a criminal history report before an adverse decision relating to the person is made.
- (i) the types of places a chief executive may decide are places at which services are provided only or mainly to a child or children;
- (ii) the types of roles a chief executive may decide involve providing services only or mainly to a child or children;
- (iii) the duties that involve contact with a child or children that is of a type, or happens in a context, that may create an unacceptable level of risk for the child or children; and
- (a) relevant duties in relation to which a criminal history report was obtained, other than a decision that the person is suitable for engagement to perform the relevant duties; or
- (b) child-related duties, other than a decision that the person is suitable for engagement to perform the child-related duties; or
- (c) duties that are regulated employment, other than a decision that the person is suitable to perform the duties.