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Queensland act
The Working with Children Check Act 2000 requires people who work, volunteer, or run businesses involving children in Queensland to be government‑screened and hold a valid clearance (or exemption for certain professionals) before engaging in child‑related work. It bars people with disqualifying offences, imposes employer verification and notification duties, and creates significant fines/prison penalties for non‑compliance. The law’s purpose is to protect children by keeping unsuitable people out of child‑facing roles.
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Direct links to the current provisions in Working with Children Check Act 2000.
This Act may be cited as the Working with Children Check Act 2000 . s 1 amd 2004 No. 13 s 32 sub 2014 No. 28 s 51 amd 2024 No. 49 s 125
This Act commences on a day to be fixed by proclamation.
This Act binds all persons including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and all the other States. Subsection (1) does not make the State, the Commonwealth or another State liable for an offence. (sec.4-ssec.1) This Act binds all persons including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and all the other States. (sec.4-ssec.2) Subsection (1) does not make the State, the Commonwealth or another State liable for an offence.
s 4A ins 2004 No. 13 s 33 om 2010 No. 5 s 56 (2) sch 1 amdt 1
The object of this Act is to promote and protect the rights, interests and wellbeing of children and young people in Queensland through a scheme requiring the screening of persons employed in particular employment or carrying on particular businesses. s 5 amd 2004 No. 13 s 34 sub 2014 No. 28 s 52 amd 2024 No. 49 s 126
This Act is to be administered under the following principles— the welfare and best interests of a child are paramount; every child is entitled to be cared for in a way that protects the child from harm and promotes the child’s wellbeing, which for an Aboriginal child or Torres Strait Islander child includes recognising the importance of connection with the child’s family, community, culture, traditions and language. s 6 amd 2004 No. 13 s 35 sub 2014 No. 28 s 52 amd 2024 No. 50 s 30
This Act applies to a person despite anything in the Criminal Law (Rehabilitation of Offenders) Act 1986 . s 7 prev s 7 sub 2014 No. 28 s 52 om 2016 No. 43 s 56 pres s 7 ins 2019 No. 18 s 5
The chief executive’s main functions under this Act are— to administer the scheme under this Act that regulates— persons employed, or proposed to be employed, in certain child-related employment; and persons carrying on, or proposing to carry on, certain child-related businesses; and to audit or monitor compliance with this Act; and to establish a register of regulated persons who provide home-based care services to children. s 8 (prev s 7A) ins 2004 No. 13 s 36 amd 2004 No. 36 s 38 ; 2010 No. 5 s 56 (3) sch 2 amdts 3–4 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 sub 2014 No. 28 s 52 amd 2019 No. 18 s 6 ; 2022 No. 7 s 76 ; 2024 No. 50 s 31
The dictionary in schedule 7 defines particular words used in this Act. s 9 prev s 9 (prev s 8) renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 52 pres s 9 (prev s 3) amd 2010 No. 5 s 56 (3) sch 2 amdt 2 reloc and renum 2019 No. 18 s 8
For this Act, a person is employing another person if the first person has an agreement with the other person for the other person to carry out work. It is immaterial for this section— whether the agreement is written or unwritten; and whether the work is carried out voluntarily or for financial reward; and what a person’s motivation is for carrying out the work; and the time for which the person is engaged to carry out the work; and whether the agreement provides for the other person to carry out work on 1 occasion or on an ongoing basis, whether regularly or irregularly. Also, for this section, the nature of the work is immaterial. This section is subject to section 11 . A person engaged by a shopping centre to appear as Santa. A person orally agrees with the manager of a club to coach a children’s sporting team during a season. The manager of a counselling organisation agrees with an adult student that the student attend the organisation’s office each day during a semester and carry out various duties. A tour operator arranges with the parents of a family to provide a child accommodation service in their home to an international student. s 10 prev s 10 (prev s 9) renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 52 pres s 10 (prev s 161) ins 2010 No. 5 s 58 reloc and renum 2019 No. 18 s 15 amd 2019 No. 18 s 86 (1) sch 1 ; 2024 No. 50 s 32 (sec.10-ssec.1) For this Act, a person is employing another person if the first person has an agreement with the other person for the other person to carry out work. (sec.10-ssec.2) It is immaterial for this section— whether the agreement is written or unwritten; and whether the work is carried out voluntarily or for financial reward; and what a person’s motivation is for carrying out the work; and the time for which the person is engaged to carry out the work; and whether the agreement provides for the other person to carry out work on 1 occasion or on an ongoing basis, whether regularly or irregularly. (sec.10-ssec.3) Also, for this section, the nature of the work is immaterial. (sec.10-ssec.4) This section is subject to section 11 . A person engaged by a shopping centre to appear as Santa. A person orally agrees with the manager of a club to coach a children’s sporting team during a season. The manager of a counselling organisation agrees with an adult student that the student attend the organisation’s office each day during a semester and carry out various duties. A tour operator arranges with the parents of a family to provide a child accommodation service in their home to an international student.
This section applies if— the first person mentioned in section 10 is an education provider; and the other person mentioned in section 10 is a trainee student of the education provider; and the work to be carried out is part of the course that the trainee student is undertaking with the education provider; and the work is to be carried out for someone else. For section 10 , the person for whom the trainee student is to carry out work, or carries out work, is employing the trainee student. Subsection (2) applies even if there is no express agreement between the person and the trainee student for the trainee student to carry out the work. s 11 prev s 11 (prev s 10) renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 52 pres s 11 (prev s 162) ins 2010 No. 5 s 58 amd 2019 No. 18 s 12 reloc and renum 2019 No. 18 s 15 (sec.11-ssec.1) This section applies if— the first person mentioned in section 10 is an education provider; and the other person mentioned in section 10 is a trainee student of the education provider; and the work to be carried out is part of the course that the trainee student is undertaking with the education provider; and the work is to be carried out for someone else. (sec.11-ssec.2) For section 10 , the person for whom the trainee student is to carry out work, or carries out work, is employing the trainee student. (sec.11-ssec.3) Subsection (2) applies even if there is no express agreement between the person and the trainee student for the trainee student to carry out the work.
This section applies if a person is engaged, or proposes to be engaged, in regulated employment mentioned in schedule 1 , section 14 (1) or (2) . For this Act, and for no other purpose, the State is taken to be employing, or proposing to employ, the person in the regulated employment. For this Act— the chief executive (child safety) may carry out a function of the State relating to the person; and if the person must disclose information to the person’s employer, or notify the employer about a matter—the person must disclose the information to, or notify, the chief executive (child safety). This declaration arises out of the volunteer or non-employee status of persons engaged in regulated employment mentioned in schedule 1 , section 14 (1) or (2) . s 12 prev s 12 (prev s 11) renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 52 pres s 12 (prev s 164) ins 2010 No. 5 s 58 reloc and renum 2019 No. 18 s 15 amd 2019 No. 18 s 86 (1) sch 1 (sec.12-ssec.1) This section applies if a person is engaged, or proposes to be engaged, in regulated employment mentioned in schedule 1 , section 14 (1) or (2) . (sec.12-ssec.2) For this Act, and for no other purpose, the State is taken to be employing, or proposing to employ, the person in the regulated employment. (sec.12-ssec.3) For this Act— the chief executive (child safety) may carry out a function of the State relating to the person; and if the person must disclose information to the person’s employer, or notify the employer about a matter—the person must disclose the information to, or notify, the chief executive (child safety). This declaration arises out of the volunteer or non-employee status of persons engaged in regulated employment mentioned in schedule 1 , section 14 (1) or (2) .
This section applies if a person is employed at a State educational institution. For this Act, the principal of the State educational institution and the chief executive of the department in which the Education (General Provisions) Act 2006 is administered are employing the person. s 12A ins 2024 No. 50 s 33 (sec.12A-ssec.1) This section applies if a person is employed at a State educational institution. (sec.12A-ssec.2) For this Act, the principal of the State educational institution and the chief executive of the department in which the Education (General Provisions) Act 2006 is administered are employing the person.
A volunteer is a person who is employed by another person and does not carry out any work for the other person for a financial reward. In this section— financial reward does not include— a payment that is a reimbursement for out-of-pocket expenses; or for a person who is an approved carer—an allowance or other amount paid to the person under the Child Protection Act 1999 , section 159 . s 13 prev s 13 (prev s 11A) ins 2004 No. 13 s 37 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 52 pres s 13 (prev s 165) ins 2010 No. 5 s 58 reloc and renum 2019 No. 18 s 15 (sec.13-ssec.1) A volunteer is a person who is employed by another person and does not carry out any work for the other person for a financial reward. (sec.13-ssec.2) In this section— financial reward does not include— a payment that is a reimbursement for out-of-pocket expenses; or for a person who is an approved carer—an allowance or other amount paid to the person under the Child Protection Act 1999 , section 159 .
This section applies in relation to a corporation that carries on, or proposes to carry on, a regulated business. For this Act, a person is taken to be carrying on, or proposing to carry on, the regulated business by being, or proposing to be, an executive officer of the corporation. Subsection (2) applies only if the person’s principal place of residence is in Australia. s 14 prev s 14 (prev s 12) sub 2004 No. 13 s 39 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53 pres s 14 (prev s 166) ins 2010 No. 5 s 58 reloc and renum 2019 No. 18 s 15 amd 2019 No. 18 s 86 (1) sch 1 ; 2024 No. 49 s 131 sch 5 (sec.14-ssec.1) This section applies in relation to a corporation that carries on, or proposes to carry on, a regulated business. (sec.14-ssec.2) For this Act, a person is taken to be carrying on, or proposing to carry on, the regulated business by being, or proposing to be, an executive officer of the corporation. (sec.14-ssec.3) Subsection (2) applies only if the person’s principal place of residence is in Australia.
A serious offence is— an offence against a provision of an Act mentioned in schedule 2 or 3 , column 1, subject to any qualification mentioned opposite in column 3; or an offence of counselling or procuring the commission of an offence of a kind mentioned in paragraph (a) ; or an offence of attempting, or of conspiring, to commit an offence of a kind mentioned in paragraph (a) ; or an offence that has, as an element, an intention to commit an offence of a kind mentioned in paragraph (a) ; or an offence that, at the time it was committed, or is alleged to have been committed, was an offence of a kind mentioned in paragraph (a) ; or another offence that is a reportable offence under the Offender Reporting Act that is not otherwise a serious offence under this Act; or an offence under a law of another jurisdiction that, if it had been committed in Queensland, would have constituted an offence mentioned in paragraph (a) to (f) . Column 2 in schedules 2 and 3 is included for information purposes only and states a section heading for the provision mentioned opposite in column 1. Despite subsection (1) , an offence is not a serious offence if the offence was committed, or is alleged to have been committed, by a person when the person was a child. However, if the conduct constituting or alleged to constitute an offence occurs between 2 dates, the first on which the person was a child and the second on which the person was an adult, the conduct is taken to occur when the person was an adult. For this section, it is immaterial if a provision mentioned in schedule 2 or 3 , column 1, for an Act has been amended from time to time or that the provision was previously numbered with a different number. s 15 prev s 15 (prev s 13) renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53 pres s 15 (prev s 167) ins 2010 No. 5 s 58 amd 2014 No. 34 s 35 sch 1 reloc and renum 2019 No. 18 s 15 amd 2024 No. 50 s 34 (sec.15-ssec.1) A serious offence is— an offence against a provision of an Act mentioned in schedule 2 or 3 , column 1, subject to any qualification mentioned opposite in column 3; or an offence of counselling or procuring the commission of an offence of a kind mentioned in paragraph (a) ; or an offence of attempting, or of conspiring, to commit an offence of a kind mentioned in paragraph (a) ; or an offence that has, as an element, an intention to commit an offence of a kind mentioned in paragraph (a) ; or an offence that, at the time it was committed, or is alleged to have been committed, was an offence of a kind mentioned in paragraph (a) ; or another offence that is a reportable offence under the Offender Reporting Act that is not otherwise a serious offence under this Act; or an offence under a law of another jurisdiction that, if it had been committed in Queensland, would have constituted an offence mentioned in paragraph (a) to (f) . Column 2 in schedules 2 and 3 is included for information purposes only and states a section heading for the provision mentioned opposite in column 1. (sec.15-ssec.2) Despite subsection (1) , an offence is not a serious offence if the offence was committed, or is alleged to have been committed, by a person when the person was a child. (sec.15-ssec.3) However, if the conduct constituting or alleged to constitute an offence occurs between 2 dates, the first on which the person was a child and the second on which the person was an adult, the conduct is taken to occur when the person was an adult. (sec.15-ssec.4) For this section, it is immaterial if a provision mentioned in schedule 2 or 3 , column 1, for an Act has been amended from time to time or that the provision was previously numbered with a different number.
A disqualifying offence is— an offence against a provision of an Act mentioned in schedule 4 or 5 , column 1, subject to any qualification mentioned opposite in column 3; or an offence of counselling or procuring the commission of an offence of a kind mentioned in paragraph (a) ; or an offence of attempting, or of conspiring, to commit an offence of a kind mentioned in paragraph (a) ; or an offence that has, as an element, intention to commit an offence of a kind mentioned in paragraph (a) ; or an offence that, at the time it was committed, or alleged to have been committed, was an offence of a kind mentioned in paragraph (a) ; or an offence under a law of another jurisdiction that, if it had been committed in Queensland, would have constituted an offence mentioned in paragraph (a) to (e) . Column 2 in schedules 4 and 5 is included for information purposes only and states a section heading for the provision mentioned opposite in column 1. Despite subsection (1) , an offence is not a disqualifying offence if the offence was committed, or is alleged to have been committed, by a person when the person was a child. However, if the conduct constituting or alleged to constitute an offence occurs between 2 dates, the first on which the person was a child and the second on which the person was an adult, the conduct is taken to occur when the person was an adult. For this section, it is immaterial if a provision mentioned in schedule 4 or 5 , column 1, for an Act has been amended from time to time or that the provision was previously numbered with a different number. s 16 prev s 16 (prev s 14) amd 2001 No. 69 s 378 sch 1 ; 2009 No. 9 s 136 sch 1 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53 pres s 16 (prev s 168) ins 2010 No. 5 s 58 reloc and renum 2019 No. 18 s 15 amd 2024 No. 50 s 35 (sec.16-ssec.1) A disqualifying offence is— an offence against a provision of an Act mentioned in schedule 4 or 5 , column 1, subject to any qualification mentioned opposite in column 3; or an offence of counselling or procuring the commission of an offence of a kind mentioned in paragraph (a) ; or an offence of attempting, or of conspiring, to commit an offence of a kind mentioned in paragraph (a) ; or an offence that has, as an element, intention to commit an offence of a kind mentioned in paragraph (a) ; or an offence that, at the time it was committed, or alleged to have been committed, was an offence of a kind mentioned in paragraph (a) ; or an offence under a law of another jurisdiction that, if it had been committed in Queensland, would have constituted an offence mentioned in paragraph (a) to (e) . Column 2 in schedules 4 and 5 is included for information purposes only and states a section heading for the provision mentioned opposite in column 1. (sec.16-ssec.2) Despite subsection (1) , an offence is not a disqualifying offence if the offence was committed, or is alleged to have been committed, by a person when the person was a child. (sec.16-ssec.3) However, if the conduct constituting or alleged to constitute an offence occurs between 2 dates, the first on which the person was a child and the second on which the person was an adult, the conduct is taken to occur when the person was an adult. (sec.16-ssec.4) For this section, it is immaterial if a provision mentioned in schedule 4 or 5 , column 1, for an Act has been amended from time to time or that the provision was previously numbered with a different number.
A person is a disqualified person if the person— has been or is convicted of a disqualifying offence; or is subject to— offender reporting obligations; or an offender prohibition order; or a disqualification order; or a sexual offender order; or is the respondent to an application for an offender prohibition order under the Offender Reporting Act . s 17 prev s 17 (prev s 15) amd 2004 No. 13 s 40 ; 2004 No. 49 s 4 ; 2004 No. 36 s 39 ; 2010 No. 5 s 56 (3) sch 2 amdts 5–10 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53 pres s 17 (prev s 169) ins 2010 No. 5 s 58 amd 2014 No. 28 s 55 ; 2019 No. 18 s 13 reloc and renum 2019 No. 18 s 15 amd 2024 No. 50 s 36 (sec.17-ssec) A person is a disqualified person if the person— has been or is convicted of a disqualifying offence; or is subject to— offender reporting obligations; or an offender prohibition order; or a disqualification order; or a sexual offender order; or is the respondent to an application for an offender prohibition order under the Offender Reporting Act .
A working with children authority means— a working with children clearance; or a working with children exemption. s 18 prev s 18 (prev s 15AA) ins 2004 No. 36 s 40 amd 2010 No. 5 s 56 (3) sch 2 amdts 11–12 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 amd 2012 No. 5 s 230 sch 1 pt 2 om 2014 No. 28 s 53 pres s 18 (prev s 170) ins 2010 No. 5 s 58 amd 2019 No. 18 s 14 reloc and renum 2019 No. 18 s 15 sub 2024 No. 50 s 37
A working with children clearance is an authority— issued by the chief executive to a person who made a working with children check (general) application; and that indicates— screening of the person has been undertaken under this Act; and the person is authorised to engage in regulated employment or carry on a regulated business. s 18A ins 2024 No. 50 s 37
A working with children exemption is an authority— issued by the chief executive to a person who made a working with children check (exemption) application; and that indicates— screening of the person has been undertaken under this Act; and the person is authorised to engage in regulated employment or carry on a regulated business outside of the scope of the person’s responsibilities as a police officer or registered teacher. s 18B ins 2024 No. 50 s 37
A negative notice is a declaration, issued by the chief executive to a person, that indicates— screening of the person has been undertaken under this Act; and the person is not authorised to engage in regulated employment or carry on a regulated business. s 18C ins 2024 No. 50 s 37
A reference in this Act to a risk to the safety of children is a reference to a real and appreciable risk to the safety of children. s 18D ins 2024 No. 50 s 37
An interstate working with children check application is an application, however called, made under a corresponding WWC law that corresponds to a working with children check application under this Act. An interstate working with children authority is an authority, however called, issued under a corresponding WWC law that corresponds to a working with children authority under this Act. An interstate negative notice is a notice, however called, issued under a corresponding WWC law, that— corresponds to a negative notice; or imposes a condition that prohibits a person from carrying out child-related work. A conditional interstate WWC authority is an authority, however called, issued under a corresponding WWC law that has the effect of permitting a person to carry out child-related work subject to stated conditions, including, for example, a condition that the person carries out child-related work only under supervision. An interstate interim bar is a restriction, however described, imposed under a corresponding WWC law in relation to a person who made an interstate working with children check application that has the effect of prohibiting the person from carrying out child-related work while the application is decided. s 19 prev s 19 (orig s 15A) ins 2004 No. 13 s 41 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53 pres s 19 ins 2022 No. 7 s 95 (sec.19-ssec.1) An interstate working with children check application is an application, however called, made under a corresponding WWC law that corresponds to a working with children check application under this Act. (sec.19-ssec.2) An interstate working with children authority is an authority, however called, issued under a corresponding WWC law that corresponds to a working with children authority under this Act. (sec.19-ssec.3) An interstate negative notice is a notice, however called, issued under a corresponding WWC law, that— corresponds to a negative notice; or imposes a condition that prohibits a person from carrying out child-related work. (sec.19-ssec.4) A conditional interstate WWC authority is an authority, however called, issued under a corresponding WWC law that has the effect of permitting a person to carry out child-related work subject to stated conditions, including, for example, a condition that the person carries out child-related work only under supervision. (sec.19-ssec.5) An interstate interim bar is a restriction, however described, imposed under a corresponding WWC law in relation to a person who made an interstate working with children check application that has the effect of prohibiting the person from carrying out child-related work while the application is decided.
Each of the following decisions about a person made under a corresponding WWC law is an adverse interstate WWC decision — a decision to refuse an interstate working with children check application made by the person; a decision to issue an interstate negative notice to the person; a decision to suspend or cancel an interstate working with children authority held by the person; a decision to impose an interstate interim bar on the person. An adverse interstate WWC decision is in effect if— the decision has not been overturned on review or appeal; and the decision has not otherwise stopped having effect because— for a decision to refuse an interstate working with children check application made by the person—a later interstate working with children check application made by the person has been decided by the interstate screening unit that refused the application; or for a decision to issue an interstate negative notice to a person—the notice has expired or been revoked; or for a decision to suspend an interstate working with children authority held by a person—the suspension has ended or the authority has been cancelled; or for a decision to impose an interstate interim bar on a person—the interim bar has ended. Adverse interstate WWC information about a person is— each adverse interstate WWC decision made about the person; and each decision to issue a conditional interstate WWC authority to the person; and information related to a decision mentioned in paragraph (a) or (b) about the person, including the reasons for the decision. s 20 prev s 20 (orig s 16) amd 2004 No. 13 s 42 ; 2010 No. 5 s 56 (3) sch 2 amdt 13 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53 pres s 20 ins 2022 No. 7 s 95 (sec.20-ssec.1) Each of the following decisions about a person made under a corresponding WWC law is an adverse interstate WWC decision — a decision to refuse an interstate working with children check application made by the person; a decision to issue an interstate negative notice to the person; a decision to suspend or cancel an interstate working with children authority held by the person; a decision to impose an interstate interim bar on the person. (sec.20-ssec.2) An adverse interstate WWC decision is in effect if— the decision has not been overturned on review or appeal; and the decision has not otherwise stopped having effect because— for a decision to refuse an interstate working with children check application made by the person—a later interstate working with children check application made by the person has been decided by the interstate screening unit that refused the application; or for a decision to issue an interstate negative notice to a person—the notice has expired or been revoked; or for a decision to suspend an interstate working with children authority held by a person—the suspension has ended or the authority has been cancelled; or for a decision to impose an interstate interim bar on a person—the interim bar has ended. (sec.20-ssec.3) Adverse interstate WWC information about a person is— each adverse interstate WWC decision made about the person; and each decision to issue a conditional interstate WWC authority to the person; and information related to a decision mentioned in paragraph (a) or (b) about the person, including the reasons for the decision.
s 21 (prev s 16A) ins 2004 No. 13 s 43 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53
s 22 (prev s 17) amd 2010 No. 5 s 56 (3) sch 2 amdt 14 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53
s 23 (prev s 18) amd 2004 No. 13 s 44 ; 2004 No. 36 s 41 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53
s 24 (prev s 19) renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53
s 25 (prev s 20) amd 2001 No. 69 s 378 sch 1 ; 2004 No. 13 ss 45 , 30 sch 1 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53
s 26 (prev s 21) amd 2009 No. 25 s 83 sch ; 2010 No. 5 s 56 (3) sch 2 amdt 8 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53
s 27 (prev s 22) amd 2010 No. 5 s 56 (3) sch 2 amdt 15 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53
s 28 (prev s 23) renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53
s 29 (prev s 24) renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53
s 30 (prev s 25) renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53
s 31 (prev s 26) renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53
s 32 (prev s 27) renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53
s 33 (prev s 28) amd 2010 No. 5 s 56 (3) sch 2 amdt 16 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53
s 34 (prev s 28A) ins 2004 No. 13 s 46 amd 2010 No. 5 s 56 (3) sch 2 amdts 17–18 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53
s 35 (prev s 29) amd 2009 No. 25 s 83 sch ; 2010 No. 5 s 56 (3) sch 2 amdt 19 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53
s 36 (prev s 30) sub 2010 No. 5 s 57 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 sub 2010 No. 33 s 95 om 2014 No. 28 s 53
s 37 (prev s 31) renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53
s 38 (prev s 31A) ins 2004 No. 13 s 47 amd 2010 No. 5 s 56 (3) sch 2 amdt 20 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53
s 39 (prev s 31B) ins 2004 No. 13 s 47 amd 2004 No. 36 s 42 ; 2010 No. 5 s 56 (3) sch 2 amdts 1, 20 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53
s 40 (prev s 31C) ins 2004 No. 13 s 47 amd 2004 No. 36 s 43 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53
s 41 (prev s 31D) ins 2004 No. 13 s 47 amd 2004 No. 36 s 44 ; 2010 No. 5 s 56 (2) – (3) sch 1 amdts 2–3, sch 2 amdts 21–22 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53
s 42 orig s 42 om 2004 No. 13 s 53 (1) prev s 42 (orig s 31DA) ins 2004 No. 36 s 45 amd 2010 No. 5 s 56 (2) – (3) sch 1 amdt 3, sch 2 amdts 21, 23 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53
s 43 (prev s 31DB) ins 2004 No. 36 s 45 amd 2010 No. 5 s 56 (3) sch 2 amdt 21 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53
s 44 (prev s 31E) ins 2004 No. 13 s 47 amd 2010 No. 5 s 56 (3) sch 2 amdts 21–22 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53
s 45 (prev s 31EA) ins 2004 No. 36 s 46 amd 2006 No. 39 s 512 (1) sch 1 ; 2010 No. 5 s 56 (2) sch 1 amdt 4 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 amd 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47 ) om 2014 No. 28 s 53
s 46 (prev s 31EB) ins 2004 No. 36 s 46 amd 2010 No. 5 s 56 (3) sch 2 amdts 1, 24–25 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53
s 47 (prev s 31EC) ins 2004 No. 36 s 46 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53
s 48 (prev s 31F) ins 2004 No. 13 s 47 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53
s 49 (prev s 31G) ins 2004 No. 13 s 47 amd 2004 No. 36 s 47 ; 2010 No. 5 s 56 (3) sch 2 amdt 22 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53
s 50 (prev s 31H) ins 2004 No. 13 s 47 amd 2004 No. 36 s 48 ; 2010 No. 5 s 56 (3) sch 2 amdt 26 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53
s 51 (prev s 31I) ins 2004 No. 13 s 47 amd 2004 No. 36 s 49 ; 2010 No. 5 s 56 (3) sch 2 amdts 27–29 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53
s 52 (prev s 31J) ins 2004 No. 13 s 47 amd 2010 No. 5 s 56 (3) sch 2 amdt 27 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53
s 53 (prev s 31K) ins 2004 No. 13 s 49 amd 2010 No. 5 s 56 (3) sch 2 amdts 1, 20 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53
s 54 (prev s 32) amd 2002 No. 39 s 143 ; 1992 No. 44 s 341 sch 3 (ins 2002 No. 39 ss 115 , 118 ); 2004 No. 13 s 50 ; 2009 No. 34 s 45 (1) sch pt 1 ; 2010 No. 5 s 56 (3) sch 2 amdt 20 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53
s 55 (prev s 33) renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53
s 56 (prev s 34) renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53
s 57 (prev s 35) renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53
s 58 (prev s 36) renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53
s 59 (prev s 37) amd 2010 No. 5 s 56 (3) sch 2 amdt 27 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53
s 60 (prev s 38) renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53
s 61 (prev s 39) amd 2010 No. 5 s 56 (3) sch 2 amdts 30–31 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53
s 62 (prev s 40) amd 2009 No. 24 s 30 ; 2010 No. 5 s 56 (2) sch 1 amdt 5 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 amd 2010 No. 33 s 96 om 2014 No. 28 s 53
s 63 (prev s 41) amd 2004 No. 13 s 52 (2)–(3) (prev s 42(1)–(2)) renum and reloc 2004 No. 13 s 53 (2) amd 2010 No. 5 s 56 (3) sch 2 amdt 32 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53
s 64 (prev s 42) ins 2004 No. 13 s 54 amd 2010 No. 5 s 56 (3) sch 2 amdt 20 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53
s 65 (prev s 43) amd 2004 No. 13 s 55 ; 2010 No. 5 s 56 (3) sch 2 amdt 33 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53
s 66 (prev s 44) amd 2009 No. 34 s 45 (1) sch pt 1 ; 2010 No. 5 s 56 (3) sch 2 amdt 34 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53
s 67 (prev s 45) renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53
s 68 (prev s 46) amd 2004 No. 13 s 30 sch 1 ; 2004 No. 36 s 50 ; 2005 No. 48 s 492 sch 1 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53
s 69 (prev s 47) amd 2010 No. 5 s 56 (3) sch 2 amdts 1, 35 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53
s 70 (prev s 48) renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53
s 71 (prev s 49) amd 2001 No. 69 s 378 sch 1 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53
s 72 (prev s 50) renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53
s 73 (prev s 51) amd 2010 No. 5 s 56 (3) sch 2 amdts 35–37 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53
s 74 (prev s 52) renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53
s 75 (prev s 53) renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53
s 76 (prev s 54) renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53
s 77 (prev s 55) renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53
s 78 (prev s 56) amd 2004 No. 13 s 56 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53
s 79 (prev s 57) amd 2004 No. 13 s 57 ; 2010 No. 5 s 56 (3) sch 2 amdt 38 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53
s 80 (prev s 58) amd 2004 No. 13 s 58 ; 2010 No. 5 s 56 (3) sch 2 amdt 38 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53
s 81 (prev s 59) renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53
s 82 (prev s 60) amd 2010 No. 5 s 56 (3) sch 2 amdts 1, 35 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53
s 83 (prev s 61) renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53
s 84 (prev s 62) amd 2010 No. 5 s 56 (3) sch 2 amdt 39 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53
s 85 (prev s 63) amd 2010 No. 5 s 56 (3) sch 2 amdt 40 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 53
s 86 (prev s 64) sub 2004 No. 13 s 59 amd 2005 No. 40 s 69 sch ; 2010 No. 5 s 56 (3) sch 2 amdts 1, 20 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 26 s 208
s 87 (prev s 64A) ins 2004 No. 13 s 59 amd 2010 No. 5 s 56 (3) sch 2 amdt 41 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 26 s 208
s 88 (prev s 64B) ins 2004 No. 13 s 59 amd 2010 No. 5 s 56 (3) sch 2 amdt 42 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 26 s 208
s 89 orig s 89 om 2004 No. 13 s 79 prev s 89 (prev s 65) amd 2004 No. 13 s 61 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 26 s 208
s 90 (prev s 66) amd 2004 No. 13 s 62 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 26 s 208
s 91 (prev s 66A) ins 2004 No. 13 s 63 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 26 s 208
s 92 (prev s 67) amd 2004 No. 13 s 64 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 26 s 208
s 93 (prev s 68) amd 2004 No. 13 s 65 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 26 s 208
s 94 (prev s 69) amd 2004 No. 13 s 67 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 26 s 208
s 95 orig s 95 sub 2004 No. 49 s 6 om 2010 No. 5 s 58 prev s 95 (orig s 70) amd 2004 No. 13 s 68 ; 2010 No. 5 s 56 (3) sch 2 amdts 27, 43 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 26 s 208
s 96 orig s 96 om 2010 No. 5 s 58 prev s 96 (orig s 71) amd 2004 No. 13 s 69 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 26 s 208
s 97 orig s 97 amd 2004 No. 49 s 7 ; 2007 No. 40 s 3 om 2010 No. 5 s 58 prev s 97 (orig s 72) amd 2004 No. 13 s 70 ; 2010 No. 5 s 56 (3) sch 2 amdt 27 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 26 s 208
s 98 (prev s 73) sub 2004 No. 13 s 71 amd 2010 No. 5 s 56 (3) sch 2 amdt 35 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 26 s 208
s 98A prev s 98A ins 2004 No. 49 s 8 om 2010 No. 5 s 58
s 98B prev s 98B ins 2004 No. 49 s 8 om 2010 No. 5 s 58
s 99 orig s 99 amd 2004 No. 49 s 9 om 2010 No. 5 s 58 prev s 99 (orig s 74) amd 2004 No. 13 s 72 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 26 s 208
s 99A prev s 99A ins 2004 No. 49 s 10 om 2010 No. 5 s 58
s 99B prev s 99B ins 2004 No. 49 s 10 om 2010 No. 5 s 58
s 99BA prev s 99BA ins 2006 No. 17 s 30 om 2010 No. 5 s 58
s 99C prev s 99C ins 2004 No. 49 s 10 amd 2008 No. 18 s 4 om 2010 No. 5 s 58
s 99D prev s 99D ins 2004 No. 49 s 10 om 2008 No. 18 s 5
s 99E prev s 99E ins 2004 No. 49 s 10 amd 2005 No. 9 s 11 om 2008 No. 18 s 5
s 99F prev s 99F ins 2004 No. 49 s 10 amd 2006 No. 17 s 31 om 2010 No. 5 s 58
s 99G prev s 99G ins 2004 No.49 s 11 om 2010 No. 5 s 58
s 100 orig s 100 amd 2004 No. 49 s 13 ; 2006 No. 17 s 32 ; 2008 No. 18 s 6 om 2010 No. 5 s 58 prev s 100 (orig s 75) amd 2004 No. 13 s 73 ; 2010 No. 5 s 56 (3) sch 2 amdt 44 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 26 s 208
s 101 orig s 101 amd 2004 No. 49 s 14 ; 2006 No. 17 s 33 ; 2008 No. 18 s 7 om 2010 No. 5 s 58 prev s 101 (orig s 76) amd 2004 No. 13 s 74 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 26 s 208
s 101A prev s 101A ins 2004 No. 49 s 15 amd 2007 No. 36 s 2 sch om 2010 No. 5 s 58
s 102 orig s 102 amd 2003 No. 88 s 4 sub 2004 No. 49 s 15 amd 2008 No. 18 s 8 om 2010 No. 5 s 58 prev s 102 (orig s 76A) ins 2004 No. 13 s 75 amd 2010 No. 5 s 56 (3) sch 2 amdt 45 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 26 s 208
s 102A prev s 102A ins 2004 No. 49 s 15 amd 2008 No. 18 s 9 om 2010 No. 5 s 58
s 102B prev s 102B ins 2004 No. 49 s 15 amd 2006 No. 17 s 34 ; 2007 No. 36 s 2 sch ; 2008 No. 18 s 10 ; 2009 No. 24 s 32 om 2010 No. 5 s 58
s 103 orig s 103 amd 2003 No. 88 s 5 ; 2004 No. 49 s 16 om 2010 No. 5 s 58 prev s 103 (orig s 77) amd 2004 No. 13 s 76 ; 2010 No. 5 s 56 (3) sch 2 amdt 46 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 26 s 208
s 104 orig s 104 amd 2004 No. 49 s 17 ; 2008 No. 18 s 11 om 2010 No. 5 s 58 prev s 104 (orig s 78) amd 2004 No. 13 s 77 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 26 s 208
s 104A prev s 104A ins 2004 No. 49 s 18 amd 2007 No. 36 s 2 sch om 2010 No. 5 s 58
s 104B prev s 104B ins 2004 No. 49 s 18 sub 2006 No. 17 s 35 om 2010 No. 5 s 58
s 104BA prev s 104BA ins 2006 No. 17 s 35 om 2010 No. 5 s 58
s 104C prev s 104C ins 2004 No. 49 s 18 amd 2007 No. 36 s 2 sch om 2010 No. 5 s 58
s 105 orig s 105 amd 2004 No. 49 s 19 om 2010 No. 5 s 58 prev s 105 (orig s 79) renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 26 s 208
s 106 orig s 106 amd 2004 No. 49 s 20 om 2010 No. 5 s 58 prev s 106 (orig s 80) amd 2009 No. 34 s 45 (1) sch pt 1 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 26 s 208
s 106A prev s 106A ins 2004 No. 49 s 21 om 2010 No. 5 s 58
s 107 orig s 107 amd 2004 No. 49 s 22 ; 2008 No. 18 s 12 om 2010 No. 5 s 58 prev s 107 (orig s 81) amd 2004 No. 13 s 30 sch 1 , s 78 ; 2005 No. 40 s 69 sch ; 2006 No. 29 s 518 sch 3 ; 2009 No. 25 s 83 sch ; 2010 No. 5 s 56 (3) sch 2 amdt 8 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 amd 2010 No. 33 s 97 om 2014 No. 26 s 208
s 108 orig s 108 sub 2004 No. 49 s 23 amd 2006 No. 17 s 36 ; 2008 No. 18 s 13 om 2010 No. 5 s 58 prev s 108 (orig s 82) amd 2010 No. 5 s 56 (3) sch 2 amdt 47 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 26 s 208
s 109 orig s 109 amd 2004 No. 49 s 24 om 2010 No. 5 s 58 prev s 109 (orig s 83) renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 26 s 208
s 109A prev s 109A ins 2006 No. 17 s 37 om 2010 No. 5 s 58
s 110 orig s 110 sub 2008 No. 18 s 15 om 2010 No. 5 s 58 prev s 110 (orig s 84) renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 26 s 208
s 111 orig s 111 amd 2004 No. 49 s 25 ; 2008 No. 18 s 16 om 2010 No. 5 s 58 prev s 111 (orig s 85) renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 26 s 208
s 112 orig s 112 amd 2004 No. 49 s 26 sub 2008 No. 18 s 17 om 2010 No. 5 s 58 prev s 112 (orig s 86) renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 26 s 208
s 113 orig s 113 amd 2004 No. 49 s 27 sub 2008 No. 18 s 18 om 2010 No. 5 s 58 prev s 113 (orig s 87) renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 26 s 208
s 114 orig s 114 amd 2004 No. 49 s 28 ; 2008 No. 18 s 19 om 2010 No. 5 s 58 prev s 114 (orig s 88) renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 26 s 208
s 115 orig s 115 om 2010 No. 5 s 58 prev s 115 (prev s 89A) ins 2004 No. 13 s 80 amd 2010 No. 5 s 56 (3) sch 2 amdts 1, 27 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 54
s 116 orig s 116 om 2010 No. 5 s 58 prev s 116 (orig s 89B) ins 2004 No. 13 s 80 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 54
s 117 orig s 117 amd 2004 No. 49 s 29 ; 2008 No. 18 s 20 om 2010 No. 5 s 58 prev s 117 (orig s 89C) ins 2004 No. 13 s 80 amd 2010 No. 5 s 56 (3) sch 2 amdt 20 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 54
s 118 orig s 118 amd 2004 No. 49 s 31 ; 2008 No. 18 s 21 om 2010 No. 5 s 58 prev s 118 (orig s 89D) ins 2004 No. 13 s 80 amd 2010 No. 5 s 56 (3) sch 2 amdt 20 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 54
s 119 orig s 119 amd 2003 No. 88 s 6 sub 2004 No. 49 s 32 amd 2008 No. 18 s 22 om 2010 No. 5 s 58 prev s 119 (orig s 89E) ins 2004 No. 13 s 80 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 54
s 119A prev s 119A ins 2004 No. 49 s 32 amd 2006 No. 17 s 38 ; 2008 No. 18 s 23 om 2010 No. 5 s 58
s 119B prev s 119B ins 2004 No. 49 s 32 om 2008 No. 18 s 24
s 119C prev s 119C ins 2004 No. 49 s 32 amd 2006 No. 17 s 39 ; 2008 No. 18 s 25 om 2010 No. 5 s 58
s 119D prev s 119D ins 2004 No. 49 s 32 amd 2008 No. 18 s 26 om 2010 No. 5 s 58
s 119E prev s 119E ins 2008 No. 18 s 27 om 2010 No. 5 s 58
s 120 orig s 120 sub 2004 No. 49 s 32 om 2010 No. 5 s 58 prev s 120 (orig s 89F) ins 2004 No. 13 s 80 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 54
s 120A prev s 120A ins 2004 No. 49 s 32 amd 2008 No. 18 s 28 om 2010 No. 5 s 58
s 120B prev s 120B ins 2008 No. 18 s 29 amd 2008 No. 38 s 252 sch 3 om 2010 No. 5 s 58
s 120C prev s 120C ins 2008 No. 18 s 29 om 2010 No. 5 s 58
s 120D prev s 120D ins 2008 No. 18 s 29 om 2010 No. 5 s 58
s 120E prev s 120E ins 2008 No. 18 s 29 om 2010 No. 5 s 58
s 120F prev s 120F ins 2008 No. 18 s 29 om 2010 No. 5 s 58
s 120G prev s 120G ins 2008 No. 18 s 29 om 2010 No. 5 s 58
s 120H prev s 120H ins 2008 No. 18 s 29 om 2010 No. 5 s 58
s 120I prev s 120I ins 2008 No. 18 s 29 om 2010 No. 5 s 58
s 120J prev s 120J ins 2008 No. 18 s 29 om 2010 No. 5 s 58
s 120K prev s 120K ins 2008 No. 18 s 29 om 2010 No. 5 s 58
s 120L prev s 120L ins 2008 No. 18 s 29 om 2010 No. 5 s 58
s 121 orig s 121 amd 2004 No. 49 s 33 ; 2006 No. 17 s 40 (retro); 2008 No. 18 s 30 ; 2009 No. 24 s 33 om 2010 No. 5 s 58 prev s 121 (orig s 89G) ins 2004 No. 13 s 80 amd 2010 No. 5 s 56 (3) sch 2 amdts 52–53 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 54
s 121AA prev s 121AA ins 2008 No. 18 s 31 amd 2009 No. 24 s 34 om 2010 No. 5 s 58
s 121A prev s 121A ins 2004 No. 49 s 34 amd 2008 No. 18 s 32 om 2010 No. 5 s 58
s 121B prev s 121B ins 2004 No. 49 s 34 amd 2008 No. 18 s 33 om 2010 No. 5 s 58
s 121C prev s 121C ins 2004 No. 49 s 34 amd 2009 No. 24 s 35 om 2010 No. 5 s 58
s 121D prev s 121D ins 2004 No. 49 s 34 om 2010 No. 5 s 58
s 121E prev s 121E ins 2004 No. 49 s 34 amd 2009 No. 24 s 36 om 2010 No. 5 s 58
s 122 orig s 122 amd 2004 No. 49 s 35 ; 2006 No. 17 s 41 ; 2008 No. 18 s 34 om 2010 No. 5 s 58 prev s 122 (orig s 89H) ins 2004 No. 13 s 80 amd 2010 No. 5 s 56 (3) sch 2 amdt 54 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 54
s 122A prev s 122A ins 2003 No. 55 s 8 amd 2004 No. 49 s 36 ; 2006 No. 17 s 42 (retro); 2008 No. 18 s 35 om 2010 No. 5 s 58
s 122B prev s 122B ins 2004 No. 49 s 37 amd 2007 No. 36 s 2 sch sub 2008 No. 18 s 36 om 2010 No. 5 s 58
s 123 orig s 123 amd 2004 No. 49 s 38 ; 2006 No. 17 s 43 ; 2008 No. 18 s 37 om 2010 No. 5 s 58 prev s 123 (orig s 89I) ins 2004 No. 13 s 80 amd 2010 No. 5 s 56 (3) sch 2 amdt 55 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 54
s 123A prev s 123A ins 2006 No. 17 s 44 amd 2008 No. 18 s 38 om 2010 No. 5 s 58
s 124 orig s 124 amd 2004 No. 49 s 39 ; 2008 No. 18 s 39 om 2010 No. 5 s 58 prev s 124 (orig s 89J) ins 2004 No. 13 s 80 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 54
s 125 orig s 125 om 2010 No. 5 s 58 prev s 125 (orig s 89K) ins 2004 No. 13 s 80 amd 2010 No. 5 s 56 (3) sch 2 amdt 56 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 54
s 126 orig s 126 amd 2004 No. 49 s 40 ; 2006 No. 17 s 45 om 2010 No. 5 s 58 prev s 126 (orig s 89L) ins 2004 No. 13 s 80 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 54
s 126A prev s 126A ins 2002 No. 55 s 196 sch 1 sub 2004 No. 49 s 41 amd 2008 No. 18 s 40 om 2010 No. 5 s 58
s 126AA prev s 126AA ins 2008 No. 18 s 41 om 2010 No. 5 s 58
s 126B prev s 126B ins 2004 No. 49 s 41 amd 2006 No. 17 s 46 ; 2008 No. 18 s 42 om 2010 No. 5 s 58
s 126C prev s 126C ins 2004 No. 49 s 41 sub 2008 No. 18 s 43 om 2010 No. 5 s 58
s 126D prev s 126D ins 2006 No. 17 s 47 om 2008 No. 18 s 43
s 127 orig s 127 amd 2004 No. 49 s 42 ; 2007 No. 36 s 2 sch om 2010 No. 5 s 58 prev s 127 (orig s 89M) ins 2004 No. 13 s 80 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 54
s 128 orig s 128 amd 2004 No. 49 s 43 om 2010 No. 5 s 58 prev s 128 (orig s 89N) ins 2004 No. 13 s 80 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 54
s 129 orig s 129 om 2010 No. 5 s 59 prev s 129 (orig s 89O) ins 2004 No. 13 s 80 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 54
s 130 orig s 130 om 2010 No. 5 s 59 prev s 130 (orig s 89P) ins 2004 No. 13 s 80 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 54
s 131 orig s 131 om 2010 No. 5 s 59 prev s 131 (orig s 89Q) ins 2004 No. 13 s 80 amd 2010 No. 5 s 56 (3) sch 2 amdts 57–58 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 54
s 132 orig s 132 om 2010 No. 5 s 59 prev s 132 (orig s 89R) ins 2004 No. 13 s 80 amd 2010 No. 5 s 56 (3) sch 2 amdt 27 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 54
s 133 orig s 133 om 2010 No. 5 s 59 prev s 133 (orig s 89S) ins 2004 No. 13 s 80 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 54
s 134 orig s 134 om 2010 No. 5 s 59 prev s 134 (orig s 89T) ins 2004 No. 13 s 80 amd 2010 No. 5 s 56 (2) – (3) sch 1 amdt 6, sch 2 amdt 59 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 54
s 135 orig s 135 om 2010 No. 5 s 59 prev s 135 (orig s 89U) ins 2004 No. 13 s 80 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 54
s 136 orig s 136 om 2010 No. 5 s 59 prev s 136 (orig s 89V) ins 2004 No. 13 s 80 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 54
s 137 orig s 137 om 2010 No. 5 s 59 prev s 137 (orig s 89W) ins 2004 No. 13 s 80 amd 2010 No. 5 s 56 (3) sch 2 amdt 60 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 54
s 138 orig s 138 om 2010 No. 5 s 59 prev s 138 (orig s 89X) ins 2004 No. 13 s 80 amd 2010 No. 5 s 56 (3) sch 2 amdts 61–63 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 54
s 139 orig s 139 om 2010 No. 5 s 59 prev s 139 (orig s 89Y) ins 2004 No. 13 s 80 amd 2010 No. 5 s 56 (3) sch 2 amdt 20 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 54
s 140 orig s 140 om 2010 No. 5 s 59 prev s 140 (orig s 89Z) ins 2004 No. 13 s 80 amd 2010 No. 5 s 56 (3) sch 2 amdts 64–65 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 54
s 141 (prev s 89ZA) ins 2004 No. 13 s 80 amd 2004 No. 36 s 51 ; 2010 No. 5 s 56 (3) sch 2 amdt 66 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 54
s 142 (prev s 89ZB) ins 2004 No. 13 s 80 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 54
s 143 (prev s 89ZC) ins 2004 No. 13 s 80 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 54
s 144 (prev s 89ZD) ins 2004 No. 13 s 80 amd 2005 No. 48 s 492 sch 1 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 amd 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47 ) om 2014 No. 28 s 54
s 145 (prev s 89ZE) ins 2004 No. 13 s 80 amd 2010 No. 5 s 56 (3) sch 2 amdt 27 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 54
s 146 (prev s 89ZF) ins 2004 No. 13 s 80 amd 2010 No. 5 s 56 (3) sch 2 amdt 67 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 54
s 147 (prev s 89ZG) ins 2004 No. 13 s 80 amd 2009 No. 24 s 31 ; 2010 No. 5 s 56 (2) – (3) sch 1 amdt 7, sch 2 amdt 27 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 amd 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47 ) om 2014 No. 28 s 54
s 148 (prev s 89ZH) ins 2004 No. 13 s 80 amd 2010 No. 5 s 56 (3) sch 2 amdt 27 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 54
s 149 (prev s 90) renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 54
s 150 (prev s 91) renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 54
s 151 (prev s 92) renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 54
s 152 (prev s 93) renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 54
s 153 (prev s 94) renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 54
s 154 ins 2010 No. 5 s 58 om 2014 No. 28 s 57
s 155 ins 2010 No. 5 s 58 om 2014 No. 28 s 57
Employment is regulated employment if it is employment of a type that is stated to be regulated employment in schedule 1 , part 1 . However, employment is not regulated employment if— it is of a type of employment that schedule 1 , part 1 states is not regulated employment; or schedule 1 , part 3 states that this chapter does not apply to the employment. Also, the unpaid employment of a child is not regulated employment unless the child is a trainee student of an education provider and the employment is part of the course undertaken by the trainee student with the education provider. Further, subject to subsections (5) and (6) , the employment of a person is not regulated employment if— the person is employed to work, and works, in the employment for not more than 7 days in a calendar year; or the person is a parent providing a service or activity on a voluntary basis to children and the children to whom the service or activity is provided include the person’s own child. Despite subsection (4) , a person is employed in regulated employment if the employment or the service or activity includes, or is likely to include, an overnight camp or excursion for children under schedule 1 , section 9 . Also, despite subsection (4) (b) , a person is employed in regulated employment if the person is a parent providing a service or activity to a child that includes, or may include, close personal contact with a child other than the person’s own child. assisting a child with toileting, bathing or dressing s 156 ins 2010 No. 5 s 58 amd 2010 No. 33 s 98 sub 2019 No. 18 s 10 amd 2024 No. 50 s 38 (sec.156-ssec.1) Employment is regulated employment if it is employment of a type that is stated to be regulated employment in schedule 1 , part 1 . (sec.156-ssec.2) However, employment is not regulated employment if— it is of a type of employment that schedule 1 , part 1 states is not regulated employment; or schedule 1 , part 3 states that this chapter does not apply to the employment. (sec.156-ssec.3) Also, the unpaid employment of a child is not regulated employment unless the child is a trainee student of an education provider and the employment is part of the course undertaken by the trainee student with the education provider. (sec.156-ssec.4) Further, subject to subsections (5) and (6) , the employment of a person is not regulated employment if— the person is employed to work, and works, in the employment for not more than 7 days in a calendar year; or the person is a parent providing a service or activity on a voluntary basis to children and the children to whom the service or activity is provided include the person’s own child. (sec.156-ssec.5) Despite subsection (4) , a person is employed in regulated employment if the employment or the service or activity includes, or is likely to include, an overnight camp or excursion for children under schedule 1 , section 9 . (sec.156-ssec.6) Also, despite subsection (4) (b) , a person is employed in regulated employment if the person is a parent providing a service or activity to a child that includes, or may include, close personal contact with a child other than the person’s own child. assisting a child with toileting, bathing or dressing
A business is a regulated business if it is a type of business that is stated to be a regulated business in schedule 1 , part 2 . However, a business is not a regulated business if schedule 1 , part 3 states that this chapter does not apply to the carrying on of the business. s 157 ins 2010 No. 5 s 58 sub 2019 No. 18 s 10 (sec.157-ssec.1) A business is a regulated business if it is a type of business that is stated to be a regulated business in schedule 1 , part 2 . (sec.157-ssec.2) However, a business is not a regulated business if schedule 1 , part 3 states that this chapter does not apply to the carrying on of the business.
Subsection (2) applies if an emergency services worker is deployed from an interstate or overseas location in the following circumstances— to assist the response to a disaster situation; to respond to a significant fire event. The emergency services worker is exempt from the requirement to hold a working with children authority under this Act. The exemption applies— for a disaster situation declared under the Disaster Management Act 2003 , section 64 (1) —for the duration of the disaster situation under section 66 of that Act; or for a disaster situation declared under the Disaster Management Act 2003 , section 69 —for the duration of the disaster situation under section 71 of that Act; or for a significant fire event—for the period of the state of fire emergency under the Fire Services Act 1990 , section 145V . This section does not limit section 156 (4) (a) . In this section— disaster situation see the Disaster Management Act 2003 , schedule. emergency service means an interstate or overseas entity that performs emergency services equivalent to— Marine Rescue Queensland, established under the Marine Rescue Queensland Act 2024 , section 6 ; or Queensland Fire and Rescue, established under the Fire Services Act 1990 , section 8 (1) ; or Rural Fire Service Queensland, established under the Fire Services Act 1990 , section 8 (2) ; or the State Emergency Service, established under the State Emergency Service Act 2024 , section 6 . emergency services worker means a person employed or engaged as an officer, employee or volunteer of an emergency service. significant fire event means an event the subject of a state of fire emergency declaration under the Fire Services Act 1990 , section 145T . s 158 ins 2010 No. 5 s 58 amd 2019 No. 18 s 86 (1) sch 1 sub 2024 No. 50 s 39 (sec.158-ssec.1) Subsection (2) applies if an emergency services worker is deployed from an interstate or overseas location in the following circumstances— to assist the response to a disaster situation; to respond to a significant fire event. (sec.158-ssec.2) The emergency services worker is exempt from the requirement to hold a working with children authority under this Act. (sec.158-ssec.3) The exemption applies— for a disaster situation declared under the Disaster Management Act 2003 , section 64 (1) —for the duration of the disaster situation under section 66 of that Act; or for a disaster situation declared under the Disaster Management Act 2003 , section 69 —for the duration of the disaster situation under section 71 of that Act; or for a significant fire event—for the period of the state of fire emergency under the Fire Services Act 1990 , section 145V . (sec.158-ssec.4) This section does not limit section 156 (4) (a) . (sec.158-ssec.5) In this section— disaster situation see the Disaster Management Act 2003 , schedule. emergency service means an interstate or overseas entity that performs emergency services equivalent to— Marine Rescue Queensland, established under the Marine Rescue Queensland Act 2024 , section 6 ; or Queensland Fire and Rescue, established under the Fire Services Act 1990 , section 8 (1) ; or Rural Fire Service Queensland, established under the Fire Services Act 1990 , section 8 (2) ; or the State Emergency Service, established under the State Emergency Service Act 2024 , section 6 . emergency services worker means a person employed or engaged as an officer, employee or volunteer of an emergency service. significant fire event means an event the subject of a state of fire emergency declaration under the Fire Services Act 1990 , section 145T .
s 159 ins 2010 No. 5 s 58 om 2024 No. 50 s 39
s 160 ins 2010 No. 5 s 58 om 2019 No. 18 s 11
s 163 ins 2010 No. 5 s 58 om 2013 No. 44 s 262
s 171 ins 2010 No. 5 s 58 amd 2019 No. 18 s 86 (1) sch 1 ; 2022 No. 7 s 132 sch 1 om 2024 No. 49 s 127
s 172 ins 2010 No. 5 s 58 om 2024 No. 49 s 127
Before giving a notice mentioned in section 175 (1) (b) or 176C (1) (b) about the employment or proposed employment of a person, an employer must take reasonable steps to verify the person’s identity. the employer views the person’s working with children card that includes the person’s photograph the employer views the person’s driver licence that includes the person’s photograph The employer must give the notice in the approved form and in an approved way. s 173 ins 2010 No. 5 s 58 sub 2019 No. 18 s 17 (sec.173-ssec.1) Before giving a notice mentioned in section 175 (1) (b) or 176C (1) (b) about the employment or proposed employment of a person, an employer must take reasonable steps to verify the person’s identity. the employer views the person’s working with children card that includes the person’s photograph the employer views the person’s driver licence that includes the person’s photograph (sec.173-ssec.2) The employer must give the notice in the approved form and in an approved way.
This division does not apply in relation to the employment of a person, or the carrying on of a business by a person, who is a police officer or registered teacher. s 174 ins 2010 No. 5 s 58 sub 2019 No. 18 s 17
A person (the employer ) must not employ, or continue to employ, another person (the employee ) in regulated employment unless— the employee holds a working with children clearance; and the employer has given the chief executive a notice, under section 173 , about employing the employee in regulated employment. Maximum penalty— if an aggravating circumstance applies to the offence—200 penalty units or 2 years imprisonment; or otherwise—100 penalty units. It is an aggravating circumstance for an offence against subsection (1) if— the employee holds a negative notice and the employer knows, or ought reasonably to know, the employee holds the negative notice; or the chief executive has given the employer a notice under chapter 8 , part 5A that states the employee’s working with children authority has been cancelled; or the chief executive has given the employer a withdrawal notice for a working with children check application made by the employee because section 199 applies; or the employee holds a disability exclusion or interstate NDIS exclusion and the employer knows, or ought reasonably to know, the employee holds the disability exclusion or interstate NDIS exclusion; or an adverse interstate WWC decision made about the employee is in effect and the employer knows, or ought reasonably to know, the decision is in effect. s 175 ins 2010 No. 5 s 58 amd 2014 No. 28 s 55 sub 2019 No. 18 s 17 amd 2020 No. 39 s 31 ; 2022 No. 7 s 96 (sec.175-ssec.1) A person (the employer ) must not employ, or continue to employ, another person (the employee ) in regulated employment unless— the employee holds a working with children clearance; and the employer has given the chief executive a notice, under section 173 , about employing the employee in regulated employment. Maximum penalty— if an aggravating circumstance applies to the offence—200 penalty units or 2 years imprisonment; or otherwise—100 penalty units. (sec.175-ssec.2) It is an aggravating circumstance for an offence against subsection (1) if— the employee holds a negative notice and the employer knows, or ought reasonably to know, the employee holds the negative notice; or the chief executive has given the employer a notice under chapter 8 , part 5A that states the employee’s working with children authority has been cancelled; or the chief executive has given the employer a withdrawal notice for a working with children check application made by the employee because section 199 applies; or the employee holds a disability exclusion or interstate NDIS exclusion and the employer knows, or ought reasonably to know, the employee holds the disability exclusion or interstate NDIS exclusion; or an adverse interstate WWC decision made about the employee is in effect and the employer knows, or ought reasonably to know, the decision is in effect.
A person (the employer ) must not employ another person (the employee ) to start in regulated employment if— the employee holds a working with children clearance that is suspended; and the employer knows, or ought reasonably to know, the employee’s clearance is suspended. Maximum penalty—200 penalty units or 2 years imprisonment. s 176 ins 2010 No. 5 s 58 amd 2010 No. 33 s 99 ; 2014 No. 28 s 55 sub 2019 No. 18 s 17
A person must not start or continue in regulated employment unless the person holds a working with children clearance. Maximum penalty— if an aggravating circumstance applies to the offence—500 penalty units or 5 years imprisonment; or otherwise—100 penalty units. It is an aggravating circumstance for an offence against subsection (1) if the person— holds a negative notice; or is a disqualified person; or held a working with children authority that was cancelled on the person’s request under chapter 8 , part 5A , division 4 ; or made a working with children check application and the application was withdrawn because section 199 applies; or holds a disability exclusion or interstate NDIS exclusion; or is the subject of an adverse interstate WWC decision that is in effect. However, if the person’s working with children clearance was cancelled under chapter 8 , part 5A , a court may not find the person contravened subsection (1) unless the court is satisfied the person was given written notice about the cancellation. Also, if the person was issued a disability exclusion or interstate NDIS exclusion because a disability clearance or interstate NDIS clearance issued to the person was cancelled, a court may not find that the aggravating circumstance mentioned in subsection (2) (e) applies to the person unless the court is satisfied the person was given written notice about— the issue of the disability exclusion or interstate NDIS exclusion; or the cancellation of the disability clearance or interstate NDIS clearance. s 176A ins 2019 No. 18 s 17 amd 2020 No. 39 s 32 ; 2022 No. 7 s 97 (sec.176A-ssec.1) A person must not start or continue in regulated employment unless the person holds a working with children clearance. Maximum penalty— if an aggravating circumstance applies to the offence—500 penalty units or 5 years imprisonment; or otherwise—100 penalty units. (sec.176A-ssec.2) It is an aggravating circumstance for an offence against subsection (1) if the person— holds a negative notice; or is a disqualified person; or held a working with children authority that was cancelled on the person’s request under chapter 8 , part 5A , division 4 ; or made a working with children check application and the application was withdrawn because section 199 applies; or holds a disability exclusion or interstate NDIS exclusion; or is the subject of an adverse interstate WWC decision that is in effect. (sec.176A-ssec.3) However, if the person’s working with children clearance was cancelled under chapter 8 , part 5A , a court may not find the person contravened subsection (1) unless the court is satisfied the person was given written notice about the cancellation. (sec.176A-ssec.4) Also, if the person was issued a disability exclusion or interstate NDIS exclusion because a disability clearance or interstate NDIS clearance issued to the person was cancelled, a court may not find that the aggravating circumstance mentioned in subsection (2) (e) applies to the person unless the court is satisfied the person was given written notice about— the issue of the disability exclusion or interstate NDIS exclusion; or the cancellation of the disability clearance or interstate NDIS clearance.
A person must not carry on a regulated business unless the person holds a working with children clearance. Maximum penalty—500 penalty units or 5 years imprisonment. Under section 14 , particular executive officers of a corporation that carries on a regulated business are taken to carry on the regulated business. s 176B ins 2019 No. 18 s 17
A person (the employer ) must not employ, or continue to employ, a police officer or registered teacher (the employee ) in regulated employment unless— either— the employee holds a working with children authority; or the employee has made a working with children check (exemption) application and the application has not been decided or withdrawn; and the employer has given the chief executive a notice, under section 173 , about employing the employee in regulated employment. Maximum penalty— if an aggravating circumstance applies to the offence—200 penalty units or 2 years imprisonment; or otherwise—100 penalty units. It is an aggravating circumstance for an offence against subsection (1) if— the employee holds a negative notice and the employer knows, or ought reasonably to know, the employee holds the negative notice; or the chief executive has given the employer a notice under chapter 8 , part 5A that states the employee’s working with children authority has been cancelled; or the chief executive has given the employer a withdrawal notice for a working with children check application made by the person because section 199 applies; or the employee holds a disability exclusion or interstate NDIS exclusion and the employer knows, or ought reasonably to know, the employee holds the disability exclusion or interstate NDIS exclusion; or an adverse interstate WWC decision made about the employee is in effect and the employer knows, or ought reasonably to know, the decision is in effect. s 176C ins 2019 No. 18 s 17 amd 2020 No. 39 s 33 ; 2022 No. 7 s 98 (sec.176C-ssec.1) A person (the employer ) must not employ, or continue to employ, a police officer or registered teacher (the employee ) in regulated employment unless— either— the employee holds a working with children authority; or the employee has made a working with children check (exemption) application and the application has not been decided or withdrawn; and the employer has given the chief executive a notice, under section 173 , about employing the employee in regulated employment. Maximum penalty— if an aggravating circumstance applies to the offence—200 penalty units or 2 years imprisonment; or otherwise—100 penalty units. (sec.176C-ssec.2) It is an aggravating circumstance for an offence against subsection (1) if— the employee holds a negative notice and the employer knows, or ought reasonably to know, the employee holds the negative notice; or the chief executive has given the employer a notice under chapter 8 , part 5A that states the employee’s working with children authority has been cancelled; or the chief executive has given the employer a withdrawal notice for a working with children check application made by the person because section 199 applies; or the employee holds a disability exclusion or interstate NDIS exclusion and the employer knows, or ought reasonably to know, the employee holds the disability exclusion or interstate NDIS exclusion; or an adverse interstate WWC decision made about the employee is in effect and the employer knows, or ought reasonably to know, the decision is in effect.
A person (the employer ) must not employ a police officer or registered teacher (the employee ) to start in regulated employment if— the employee holds a working with children authority that is suspended; and the employer knows, or ought reasonably to know, the employee’s authority is suspended. Maximum penalty—200 penalty units or 2 years imprisonment. s 176D ins 2019 No. 18 s 17
A person who is a police officer or registered teacher must not start or continue in regulated employment unless— the person holds a working with children authority; or the person has made a working with children check (exemption) application and the application has not been decided or withdrawn. Maximum penalty— if an aggravating circumstance applies to the offence—500 penalty units or 5 years imprisonment; or otherwise—100 penalty units. It is an aggravating circumstance for an offence against subsection (1) if the person— holds a negative notice; or for a person mentioned in subsection (1) (b) —is a disqualified person; or held a working with children authority that was cancelled on the person’s request under chapter 8 , part 5A , division 4 ; or made a working with children check application that was withdrawn because section 199 applies; or holds a disability exclusion or interstate NDIS exclusion; or is the subject of an adverse interstate WWC decision that is in effect. However, if the person’s working with children authority was cancelled under chapter 8 , part 5A , a court may not find the person contravened subsection (1) unless the court is satisfied the person was given written notice about the cancellation. Also, if the person was issued a disability exclusion or interstate NDIS exclusion because a disability clearance or interstate NDIS clearance issued to the person was cancelled, a court may not find that the aggravating circumstance mentioned in subsection (2) (e) applies to the person unless the court is satisfied the person was given written notice about— the issue of the disability exclusion or interstate NDIS exclusion; or the cancellation of the disability clearance or interstate NDIS clearance. s 176E ins 2019 No. 18 s 17 amd 2020 No. 39 s 34 ; 2022 No. 7 s 99 (sec.176E-ssec.1) A person who is a police officer or registered teacher must not start or continue in regulated employment unless— the person holds a working with children authority; or the person has made a working with children check (exemption) application and the application has not been decided or withdrawn. Maximum penalty— if an aggravating circumstance applies to the offence—500 penalty units or 5 years imprisonment; or otherwise—100 penalty units. (sec.176E-ssec.2) It is an aggravating circumstance for an offence against subsection (1) if the person— holds a negative notice; or for a person mentioned in subsection (1) (b) —is a disqualified person; or held a working with children authority that was cancelled on the person’s request under chapter 8 , part 5A , division 4 ; or made a working with children check application that was withdrawn because section 199 applies; or holds a disability exclusion or interstate NDIS exclusion; or is the subject of an adverse interstate WWC decision that is in effect. (sec.176E-ssec.3) However, if the person’s working with children authority was cancelled under chapter 8 , part 5A , a court may not find the person contravened subsection (1) unless the court is satisfied the person was given written notice about the cancellation. (sec.176E-ssec.4) Also, if the person was issued a disability exclusion or interstate NDIS exclusion because a disability clearance or interstate NDIS clearance issued to the person was cancelled, a court may not find that the aggravating circumstance mentioned in subsection (2) (e) applies to the person unless the court is satisfied the person was given written notice about— the issue of the disability exclusion or interstate NDIS exclusion; or the cancellation of the disability clearance or interstate NDIS clearance.
This section applies if a person who is a police officer or registered teacher makes a working with children check (exemption) application that is withdrawn because section 196 or 199 applies. The person must not start or continue in regulated employment unless the person holds a working with children authority. Maximum penalty— if the withdrawal notice is given because section 199 applies—500 penalty units or 5 years imprisonment; or otherwise—100 penalty units or 1 year’s imprisonment. Despite section 176E , subsection (2) applies even if the person makes another working with children check (exemption) application. s 176F ins 2019 No. 18 s 17 (sec.176F-ssec.1) This section applies if a person who is a police officer or registered teacher makes a working with children check (exemption) application that is withdrawn because section 196 or 199 applies. (sec.176F-ssec.2) The person must not start or continue in regulated employment unless the person holds a working with children authority. Maximum penalty— if the withdrawal notice is given because section 199 applies—500 penalty units or 5 years imprisonment; or otherwise—100 penalty units or 1 year’s imprisonment. (sec.176F-ssec.3) Despite section 176E , subsection (2) applies even if the person makes another working with children check (exemption) application.
A person who is a police officer or registered teacher must not carry on a regulated business unless— the person holds a working with children authority; or the person has made a working with children check (exemption) application and the application has not been decided or withdrawn. Maximum penalty—500 penalty units or 5 years imprisonment. Under section 14 , particular executive officers of a corporation that carries on a regulated business are taken to carry on the regulated business. s 176G ins 2019 No. 18 s 17
In this division— restricted employment means employment that is not regulated employment under— section 156 (3) or (4) ; or schedule 1 , section 6A (3) (a) or (b) . s 176H def restricted employment amd 2024 No. 50 s 40 (1) restricted person means a person who— holds a negative notice; or holds a working with children authority that is suspended; or is a disqualified person and does not hold a working with children authority; or has been charged with a disqualifying offence the proceeding for which has not ended; or is the subject of an adverse interstate WWC decision that is in effect. s 176H def restricted person amd 2024 No. 50 s 40 (2) s 176H ins 2019 No. 18 s 17 amd 2020 No. 39 s 35 ; 2022 No. 7 s 100
A person (the employer ) must not employ, or continue to employ, another person (the employee ) in restricted employment if— the employee is a restricted person; and the employer knows, or ought reasonably to know, the employee is a restricted person. Maximum penalty—200 penalty units or 2 years imprisonment. s 176I ins 2019 No. 18 s 17
A restricted person must not start or continue in restricted employment. Maximum penalty—500 penalty units or 5 years imprisonment. However— if the person is a restricted person because the person holds a negative notice that was issued under chapter 8 , part 5A when the person’s working with children authority was cancelled—a court may not find the person contravened subsection (1) unless the court is satisfied the person was given written notice about the issue of the negative notice; and if the person is a restricted person because the person’s working with children authority is suspended under chapter 8 , part 5A —a court may not find the person contravened subsection (1) unless the court is satisfied the person was given written notice about the suspension. s 176J ins 2019 No. 18 s 17 (sec.176J-ssec.1) A restricted person must not start or continue in restricted employment. Maximum penalty—500 penalty units or 5 years imprisonment. (sec.176J-ssec.2) However— if the person is a restricted person because the person holds a negative notice that was issued under chapter 8 , part 5A when the person’s working with children authority was cancelled—a court may not find the person contravened subsection (1) unless the court is satisfied the person was given written notice about the issue of the negative notice; and if the person is a restricted person because the person’s working with children authority is suspended under chapter 8 , part 5A —a court may not find the person contravened subsection (1) unless the court is satisfied the person was given written notice about the suspension.
s 176K ins 2019 No. 18 s 19 om 2024 No. 50 s 41
s 176L ins 2019 No. 18 s 19 om 2024 No. 50 s 41
s 177 ins 2010 No. 5 s 58 amd 2014 No. 28 s 55 ; 2019 No. 18 s 20 om 2024 No. 50 s 41
s 178 ins 2010 No. 5 s 58 amd 2010 No. 33 s 100 ; 2014 No. 28 s 55 ; 2019 No. 18 s 21 om 2024 No. 50 s 41
s 179 ins 2010 No. 5 s 58 amd 2014 No. 28 s 55 om 2024 No. 50 s 41
s 180 ins 2010 No. 5 s 58 amd 2013 No. 14 s 54 sch ; 2014 No. 28 ss 55 , 57B ; 2019 No. 18 s 22 om 2024 No. 50 s 41
s 181 ins 2010 No. 5 s 58 amd 2014 No. 28 s 55 ; 2019 No. 18 s 23 om 2024 No. 50 s 41
s 182 ins 2010 No. 5 s 58 amd 2014 No. 28 s 55 sub 2019 No. 18 s 24 om 2024 No. 50 s 41
s 183 ins 2010 No. 5 s 58 amd 2014 No. 28 s 55 om 2019 No. 18 s 25
s 184 ins 2010 No. 5 s 58 amd 2014 No. 28 s 55 om 2019 No. 18 s 25
s 185 ins 2010 No. 5 s 58 sub 2019 No. 18 s 26 om 2024 No. 50 s 41
A disclosable matter , in relation to a person, is a matter that relates to any of the following— a domestic violence order made, or a police protection direction or police protection notice issued, against the person under the Domestic and Family Violence Protection Act 2012 ; an adverse interstate WWC decision against the person; an allegation of harm caused by the person substantiated by the chief executive (child safety) or the chief executive of the department of another State administering a child welfare law of the State; a type of disciplinary action taken against the person that is prescribed by regulation; another matter relevant to whether the person poses a risk to the safety of children prescribed by regulation. In this section— child welfare law see the Child Protection Act 1999 , schedule 3 . s 186 prev s 186 ins 2010 No. 5 s 58 amd 2014 No. 28 ss 55 , 56 om 2024 No. 50 s 41 pres s 186 ins 2024 No. 50 s 42 amd 2025 No. 18 s 83 sch 1 (sec.186-ssec.1) A disclosable matter , in relation to a person, is a matter that relates to any of the following— a domestic violence order made, or a police protection direction or police protection notice issued, against the person under the Domestic and Family Violence Protection Act 2012 ; an adverse interstate WWC decision against the person; an allegation of harm caused by the person substantiated by the chief executive (child safety) or the chief executive of the department of another State administering a child welfare law of the State; a type of disciplinary action taken against the person that is prescribed by regulation; another matter relevant to whether the person poses a risk to the safety of children prescribed by regulation. (sec.186-ssec.2) In this section— child welfare law see the Child Protection Act 1999 , schedule 3 .
A person (an applicant ) may apply to the chief executive for a working with children check. A police officer or registered teacher (also an applicant ) may apply to the chief executive for a working with children check for an exemption. s 187 prev s 187 ins 2010 No. 5 s 58 om 2019 No. 18 s 27 pres s 187 ins 2019 No. 18 s 28 (sec.187-ssec.1) A person (an applicant ) may apply to the chief executive for a working with children check. (sec.187-ssec.2) A police officer or registered teacher (also an applicant ) may apply to the chief executive for a working with children check for an exemption.
A person (an applicant ) may combine an application mentioned in section 187 (1) or (2) with a disability worker screening application. An application made under subsection (1) is a combined application . This chapter applies to a combined application to the extent it is an application mentioned in section 187 (1) or (2) . If a combined application is made to the chief executive, the chief executive must give the information in the combined application, to the extent the information relates to the applicant’s disability worker screening application, to the chief executive (disability worker screening). s 187A ins 2020 No. 39 s 36 amd 2024 No. 50 s 43 (sec.187A-ssec.1) A person (an applicant ) may combine an application mentioned in section 187 (1) or (2) with a disability worker screening application. (sec.187A-ssec.2) An application made under subsection (1) is a combined application . (sec.187A-ssec.3) This chapter applies to a combined application to the extent it is an application mentioned in section 187 (1) or (2) . (sec.187A-ssec.4) If a combined application is made to the chief executive, the chief executive must give the information in the combined application, to the extent the information relates to the applicant’s disability worker screening application, to the chief executive (disability worker screening).
An application under this part must be— in the approved form; and made in an approved way; and signed by the applicant. A working with children check (general) application must be accompanied by the prescribed fee for the application, unless section 189 applies to the applicant. The approved form must provide for the applicant— to provide proof of the applicant’s identity; and to consent to employment screening under this chapter; and if the application is a working with children check (exemption) application—to declare that the applicant is a police officer or a registered teacher. Further, the approved form may provide for the applicant to disclose whether particular police information or a disclosable matter exists in relation to the applicant. If the approved form provides for the applicant to disclose whether particular police information exists in relation to the applicant, the applicant must not fail to disclose the police information. Maximum penalty—100 penalty units. If the approved form provides for the applicant to disclose whether a disclosable matter exists in relation to the applicant, the applicant must not fail to disclose the disclosable matter. Maximum penalty—10 penalty units. s 188 prev s 188 ins 2010 No. 5 s 58 amd 2014 No. 28 s 55 om 2019 No. 18 s 27 pres s 188 ins 2019 No. 18 s 28 amd 2024 No. 50 s 44 (sec.188-ssec.1) An application under this part must be— in the approved form; and made in an approved way; and signed by the applicant. (sec.188-ssec.2) A working with children check (general) application must be accompanied by the prescribed fee for the application, unless section 189 applies to the applicant. (sec.188-ssec.3) The approved form must provide for the applicant— to provide proof of the applicant’s identity; and to consent to employment screening under this chapter; and if the application is a working with children check (exemption) application—to declare that the applicant is a police officer or a registered teacher. (sec.188-ssec.4) Further, the approved form may provide for the applicant to disclose whether particular police information or a disclosable matter exists in relation to the applicant. (sec.188-ssec.5) If the approved form provides for the applicant to disclose whether particular police information exists in relation to the applicant, the applicant must not fail to disclose the police information. Maximum penalty—100 penalty units. (sec.188-ssec.6) If the approved form provides for the applicant to disclose whether a disclosable matter exists in relation to the applicant, the applicant must not fail to disclose the disclosable matter. Maximum penalty—10 penalty units.
This section applies if the chief executive is satisfied the applicant— has an agreement with another person (the employer ) to be employed in regulated employment as a volunteer by the employer; or proposes to carry on, or to continue carrying on, a regulated business other than for reward. The applicant is not required to pay the prescribed fee for the application. s 189 prev s 189 ins 2010 No. 5 s 58 om 2019 No. 18 s 27 pres s 189 ins 2019 No. 18 s 28 (sec.189-ssec.1) This section applies if the chief executive is satisfied the applicant— has an agreement with another person (the employer ) to be employed in regulated employment as a volunteer by the employer; or proposes to carry on, or to continue carrying on, a regulated business other than for reward. (sec.189-ssec.2) The applicant is not required to pay the prescribed fee for the application.
On receiving an application under this part, the chief executive may give the applicant a notice asking the applicant to give the chief executive, within a reasonable stated time— stated information that the chief executive reasonably needs to establish the applicant’s identity; or stated information, including by way of a submission, about a stated matter that the chief executive reasonably believes is relevant to the application. A request under subsection (1) must state that, if the applicant does not comply with the request within the stated time, the applicant’s application will be withdrawn. s 190 prev s 190 ins 2010 No. 5 s 58 om 2019 No. 18 s 27 pres s 190 ins 2019 No. 18 s 28 (sec.190-ssec.1) On receiving an application under this part, the chief executive may give the applicant a notice asking the applicant to give the chief executive, within a reasonable stated time— stated information that the chief executive reasonably needs to establish the applicant’s identity; or stated information, including by way of a submission, about a stated matter that the chief executive reasonably believes is relevant to the application. (sec.190-ssec.2) A request under subsection (1) must state that, if the applicant does not comply with the request within the stated time, the applicant’s application will be withdrawn.
This section applies if an applicant made a combined application and the chief executive becomes aware that, under the Disability Services Act 2006 — the applicant’s disability worker screening application has been withdrawn; or a disability exclusion has been issued to the applicant. The chief executive may give the applicant a notice asking the applicant to advise the chief executive, within a reasonable stated time, whether or not the applicant wishes to proceed with the working with children check application under this part. A request under subsection (2) must state that, if the applicant does not comply with the request within the stated time, the applicant’s working with children check application will be withdrawn. s 190A ins 2020 No. 39 s 37 (sec.190A-ssec.1) This section applies if an applicant made a combined application and the chief executive becomes aware that, under the Disability Services Act 2006 — the applicant’s disability worker screening application has been withdrawn; or a disability exclusion has been issued to the applicant. (sec.190A-ssec.2) The chief executive may give the applicant a notice asking the applicant to advise the chief executive, within a reasonable stated time, whether or not the applicant wishes to proceed with the working with children check application under this part. (sec.190A-ssec.3) A request under subsection (2) must state that, if the applicant does not comply with the request within the stated time, the applicant’s working with children check application will be withdrawn.
This section applies if an applicant holds a working with children authority (the current authority ). Despite sections 238 (1) and 239 (1) , the current authority remains in force from the day it would otherwise end until the earliest of the following things happens— the application is decided or withdrawn; the current authority is cancelled; if the application is a working with children check (exemption) application—the applicant stops being a police officer or registered teacher. s 191 prev s 191 ins 2010 No. 5 s 58 om 2019 No. 18 s 27 pres s 191 ins 2019 No. 18 s 28 amd 2024 No. 50 s 140 sch 1 (sec.191-ssec.1) This section applies if an applicant holds a working with children authority (the current authority ). (sec.191-ssec.2) Despite sections 238 (1) and 239 (1) , the current authority remains in force from the day it would otherwise end until the earliest of the following things happens— the application is decided or withdrawn; the current authority is cancelled; if the application is a working with children check (exemption) application—the applicant stops being a police officer or registered teacher.
s 192 prev s 192 ins 2010 No. 5 s 58 amd 2014 No. 28 s 55 om 2019 No. 18 s 27 pres s 192 ins 2019 No. 18 s 28 om 2024 No. 50 s 45
This section applies if the applicant holds a negative notice. The application has no effect. The chief executive must give a notice that states the following matters to the applicant and each notifiable person for the applicant— the application has no effect because the applicant holds a negative notice; the day the negative notice was issued. A notice given to the applicant under subsection (3) must also state the following matters— the applicant may apply to cancel a negative notice under section 304G if— the applicant is not a disqualified person; and the applicant is not the subject of an adverse interstate WWC decision that is in effect; and the application is made more than 3 years after the negative notice was issued; if either of the following applies, the applicant may apply under section 304G to cancel the negative notice— the decision to issue the notice was based on wrong or incomplete information; the negative notice was issued because the applicant was a disqualified person and the applicant is no longer a disqualified person. If the negative notice was issued to the applicant because the applicant is a disqualified person, a notice given to the chief executive (child safety) under subsection (3) must also state the provision of the Act under which the negative notice was issued. s 193 prev s 193 ins 2010 No. 5 s 58 amd 2014 No. 28 s 55 om 2019 No. 18 s 27 pres s 193 ins 2019 No. 18 s 28 amd 2024 No. 50 s 46 (sec.193-ssec.1) This section applies if the applicant holds a negative notice. (sec.193-ssec.2) The application has no effect. (sec.193-ssec.3) The chief executive must give a notice that states the following matters to the applicant and each notifiable person for the applicant— the application has no effect because the applicant holds a negative notice; the day the negative notice was issued. (sec.193-ssec.4) A notice given to the applicant under subsection (3) must also state the following matters— the applicant may apply to cancel a negative notice under section 304G if— the applicant is not a disqualified person; and the applicant is not the subject of an adverse interstate WWC decision that is in effect; and the application is made more than 3 years after the negative notice was issued; if either of the following applies, the applicant may apply under section 304G to cancel the negative notice— the decision to issue the notice was based on wrong or incomplete information; the negative notice was issued because the applicant was a disqualified person and the applicant is no longer a disqualified person. (sec.193-ssec.5) If the negative notice was issued to the applicant because the applicant is a disqualified person, a notice given to the chief executive (child safety) under subsection (3) must also state the provision of the Act under which the negative notice was issued.
This section applies if— the applicant has also made a disability worker screening application, regardless of whether the applicant made a combined application; and the chief executive is aware that an interim bar has been imposed on the applicant under the Disability Services Act 2006 , section 82 . The chief executive is not required to decide the applicant’s working with children check application until the chief executive becomes aware that the interim bar is no longer in effect. If the chief executive defers deciding the working with children check application under subsection (2) , the chief executive must give the applicant a written notice about the deferral. s 193A ins 2020 No. 39 s 38 amd 2024 No. 50 s 47 (sec.193A-ssec.1) This section applies if— the applicant has also made a disability worker screening application, regardless of whether the applicant made a combined application; and the chief executive is aware that an interim bar has been imposed on the applicant under the Disability Services Act 2006 , section 82 . (sec.193A-ssec.2) The chief executive is not required to decide the applicant’s working with children check application until the chief executive becomes aware that the interim bar is no longer in effect. (sec.193A-ssec.3) If the chief executive defers deciding the working with children check application under subsection (2) , the chief executive must give the applicant a written notice about the deferral.
This part applies to a working with children check application. s 194 prev s 194 ins 2010 No. 5 s 58 amd 2014 No. 28 s 55 om 2019 No. 18 s 27 pres s 194 ins 2019 No. 18 s 28 sub 2024 No. 50 s 48
The chief executive withdraws an application by giving the applicant a notice (a withdrawal notice ) that states the application is withdrawn. The chief executive must give a withdrawal notice to the applicant if, before the application is decided— the applicant withdraws the application under section 196 ; or the chief executive is permitted or required, under this part, to withdraw the application. If the application is a working with children check application, the chief executive must also give a withdrawal notice to each notifiable person and potential employer for the applicant. A withdrawal notice must state the reason for the withdrawal. s 195 prev s 195 ins 2010 No. 5 s 58 om 2019 No. 18 s 27 pres s 195 ins 2019 No. 18 s 28 amd 2022 No. 7 s 101 (sec.195-ssec.1) The chief executive withdraws an application by giving the applicant a notice (a withdrawal notice ) that states the application is withdrawn. (sec.195-ssec.2) The chief executive must give a withdrawal notice to the applicant if, before the application is decided— the applicant withdraws the application under section 196 ; or the chief executive is permitted or required, under this part, to withdraw the application. (sec.195-ssec.3) If the application is a working with children check application, the chief executive must also give a withdrawal notice to each notifiable person and potential employer for the applicant. (sec.195-ssec.4) A withdrawal notice must state the reason for the withdrawal.
The applicant may withdraw an application at any time before it is decided. The applicant withdraws the application by giving the chief executive notice about the withdrawal. The notice may be given orally or in writing. s 196 prev s 196 ins 2010 No. 5 s 58 om 2019 No. 18 s 27 pres s 196 ins 2019 No. 18 s 28 (sec.196-ssec.1) The applicant may withdraw an application at any time before it is decided. (sec.196-ssec.2) The applicant withdraws the application by giving the chief executive notice about the withdrawal. (sec.196-ssec.3) The notice may be given orally or in writing.
This section applies if the applicant made a combined application. The applicant may combine a notice withdrawing the applicant’s working with children check application under section 196 with a request to withdraw the applicant’s disability worker screening application. The request may be made orally or in writing. See— section 196 (3) ; and the Disability Services Act 2006 , section 75 (2) . A request made under subsection (2) is a combined withdrawal request . This part applies to a combined withdrawal request to the extent it is a notice under section 196 . If a combined withdrawal request is made to the chief executive, the chief executive must give a notice about the combined withdrawal request to the chief executive (disability worker screening). s 196A ins 2020 No. 39 s 39 amd 2024 No. 50 s 49 (sec.196A-ssec.1) This section applies if the applicant made a combined application. (sec.196A-ssec.2) The applicant may combine a notice withdrawing the applicant’s working with children check application under section 196 with a request to withdraw the applicant’s disability worker screening application. The request may be made orally or in writing. See— section 196 (3) ; and the Disability Services Act 2006 , section 75 (2) . (sec.196A-ssec.3) A request made under subsection (2) is a combined withdrawal request . (sec.196A-ssec.4) This part applies to a combined withdrawal request to the extent it is a notice under section 196 . (sec.196A-ssec.5) If a combined withdrawal request is made to the chief executive, the chief executive must give a notice about the combined withdrawal request to the chief executive (disability worker screening).
The chief executive must withdraw an application if— the chief executive gives the applicant a notice under section 190 (1) (a) asking the applicant to provide information to establish the applicant’s identity within a stated time; and the notice includes the warning mentioned in section 190 (2) ; and the applicant does not comply with the request; and the chief executive can not establish the applicant’s identity with certainty. s 197 prev s 197 ins 2010 No. 5 s 58 om 2019 No. 18 s 27 pres s 197 ins 2019 No. 18 s 28 amd 2024 No. 50 s 50
The chief executive must withdraw an application if— the chief executive gives the applicant a notice under section 190 (1) (b) or 190A (2) ; and the notice includes a warning that, if the applicant does not comply with the notice, the application will be withdrawn; and the person does not comply with the notice. The chief executive may withdraw an application if— the chief executive gives the applicant a notice under section 330 , 332 or 333 asking the applicant to give the consent, or take the other action, stated in the notice; and the notice includes a warning that, if the applicant does not comply with the notice, the chief executive may withdraw the application; and the person does not comply with the notice. s 198 prev s 198 ins 2010 No. 5 s 58 om 2019 No. 18 s 27 pres s 198 ins 2019 No. 18 s 28 amd 2020 No. 39 s 40 sub 2024 No. 50 s 51 (sec.198-ssec.1) The chief executive must withdraw an application if— the chief executive gives the applicant a notice under section 190 (1) (b) or 190A (2) ; and the notice includes a warning that, if the applicant does not comply with the notice, the application will be withdrawn; and the person does not comply with the notice. (sec.198-ssec.2) The chief executive may withdraw an application if— the chief executive gives the applicant a notice under section 330 , 332 or 333 asking the applicant to give the consent, or take the other action, stated in the notice; and the notice includes a warning that, if the applicant does not comply with the notice, the chief executive may withdraw the application; and the person does not comply with the notice.
The chief executive must withdraw a working with children check application if the applicant is charged with a serious offence or disqualifying offence. If the applicant is charged with a disqualifying offence, a withdrawal notice given under section 195 because this section applies must state that— for a notice given to the applicant—it is an offence for the applicant to start or continue in restricted employment; or for a notice given to a notifiable person or potential employer for the applicant—it is an offence for an employer or potential employer to employ, or continue to employ, the applicant in restricted employment. s 199 prev s 199 ins 2010 No. 5 s 58 amd 2014 No. 28 s 55 om 2019 No. 18 s 27 pres s 199 ins 2019 No. 18 s 28 amd 2022 No. 7 ss 77 , 102 ; 2024 No. 50 s 52 (sec.199-ssec.1) The chief executive must withdraw a working with children check application if the applicant is charged with a serious offence or disqualifying offence. (sec.199-ssec.2) If the applicant is charged with a disqualifying offence, a withdrawal notice given under section 195 because this section applies must state that— for a notice given to the applicant—it is an offence for the applicant to start or continue in restricted employment; or for a notice given to a notifiable person or potential employer for the applicant—it is an offence for an employer or potential employer to employ, or continue to employ, the applicant in restricted employment.
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
This Act may be cited as the Working with Children Check Act 2000 . s 1 amd 2004 No. 13 s 32 sub 2014 No. 28 s 51 amd 2024 No. 49 s 125
This Act commences on a day to be fixed by proclamation.
This Act binds all persons including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and all the other States. Subsection (1) does not make the State, the Commonwealth or another State liable for an offence. (sec.4-ssec.1) This Act binds all persons including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and all the other States. (sec.4-ssec.2) Subsection (1) does not make the State, the Commonwealth or another State liable for an offence.
s 4A ins 2004 No. 13 s 33 om 2010 No. 5 s 56 (2) sch 1 amdt 1
The object of this Act is to promote and protect the rights, interests and wellbeing of children and young people in Queensland through a scheme requiring the screening of persons employed in particular employment or carrying on particular businesses. s 5 amd 2004 No. 13 s 34 sub 2014 No. 28 s 52 amd 2024 No. 49 s 126
This Act is to be administered under the following principles— the welfare and best interests of a child are paramount; every child is entitled to be cared for in a way that protects the child from harm and promotes the child’s wellbeing, which for an Aboriginal child or Torres Strait Islander child includes recognising the importance of connection with the child’s family, community, culture, traditions and language. s 6 amd 2004 No. 13 s 35 sub 2014 No. 28 s 52 amd 2024 No. 50 s 30
This Act applies to a person despite anything in the Criminal Law (Rehabilitation of Offenders) Act 1986 . s 7 prev s 7 sub 2014 No. 28 s 52 om 2016 No. 43 s 56 pres s 7 ins 2019 No. 18 s 5
The chief executive’s main functions under this Act are— to administer the scheme under this Act that regulates— persons employed, or proposed to be employed, in certain child-related employment; and persons carrying on, or proposing to carry on, certain child-related businesses; and to audit or monitor compliance with this Act; and to establish a register of regulated persons who provide home-based care services to children. s 8 (prev s 7A) ins 2004 No. 13 s 36 amd 2004 No. 36 s 38 ; 2010 No. 5 s 56 (3) sch 2 amdts 3–4 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 sub 2014 No. 28 s 52 amd 2019 No. 18 s 6 ; 2022 No. 7 s 76 ; 2024 No. 50 s 31
The dictionary in schedule 7 defines particular words used in this Act. s 9 prev s 9 (prev s 8) renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 52 pres s 9 (prev s 3) amd 2010 No. 5 s 56 (3) sch 2 amdt 2 reloc and renum 2019 No. 18 s 8
For this Act, a person is employing another person if the first person has an agreement with the other person for the other person to carry out work. It is immaterial for this section— whether the agreement is written or unwritten; and whether the work is carried out voluntarily or for financial reward; and what a person’s motivation is for carrying out the work; and the time for which the person is engaged to carry out the work; and whether the agreement provides for the other person to carry out work on 1 occasion or on an ongoing basis, whether regularly or irregularly. Also, for this section, the nature of the work is immaterial. This section is subject to section 11 . A person engaged by a shopping centre to appear as Santa. A person orally agrees with the manager of a club to coach a children’s sporting team during a season. The manager of a counselling organisation agrees with an adult student that the student attend the organisation’s office each day during a semester and carry out various duties. A tour operator arranges with the parents of a family to provide a child accommodation service in their home to an international student. s 10 prev s 10 (prev s 9) renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 52 pres s 10 (prev s 161) ins 2010 No. 5 s 58 reloc and renum 2019 No. 18 s 15 amd 2019 No. 18 s 86 (1) sch 1 ; 2024 No. 50 s 32 (sec.10-ssec.1) For this Act, a person is employing another person if the first person has an agreement with the other person for the other person to carry out work. (sec.10-ssec.2) It is immaterial for this section— whether the agreement is written or unwritten; and whether the work is carried out voluntarily or for financial reward; and what a person’s motivation is for carrying out the work; and the time for which the person is engaged to carry out the work; and whether the agreement provides for the other person to carry out work on 1 occasion or on an ongoing basis, whether regularly or irregularly. (sec.10-ssec.3) Also, for this section, the nature of the work is immaterial. (sec.10-ssec.4) This section is subject to section 11 . A person engaged by a shopping centre to appear as Santa. A person orally agrees with the manager of a club to coach a children’s sporting team during a season. The manager of a counselling organisation agrees with an adult student that the student attend the organisation’s office each day during a semester and carry out various duties. A tour operator arranges with the parents of a family to provide a child accommodation service in their home to an international student.
This section applies if— the first person mentioned in section 10 is an education provider; and the other person mentioned in section 10 is a trainee student of the education provider; and the work to be carried out is part of the course that the trainee student is undertaking with the education provider; and the work is to be carried out for someone else. For section 10 , the person for whom the trainee student is to carry out work, or carries out work, is employing the trainee student. Subsection (2) applies even if there is no express agreement between the person and the trainee student for the trainee student to carry out the work. s 11 prev s 11 (prev s 10) renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 52 pres s 11 (prev s 162) ins 2010 No. 5 s 58 amd 2019 No. 18 s 12 reloc and renum 2019 No. 18 s 15 (sec.11-ssec.1) This section applies if— the first person mentioned in section 10 is an education provider; and the other person mentioned in section 10 is a trainee student of the education provider; and the work to be carried out is part of the course that the trainee student is undertaking with the education provider; and the work is to be carried out for someone else. (sec.11-ssec.2) For section 10 , the person for whom the trainee student is to carry out work, or carries out work, is employing the trainee student. (sec.11-ssec.3) Subsection (2) applies even if there is no express agreement between the person and the trainee student for the trainee student to carry out the work.
This section applies if a person is engaged, or proposes to be engaged, in regulated employment mentioned in schedule 1 , section 14 (1) or (2) . For this Act, and for no other purpose, the State is taken to be employing, or proposing to employ, the person in the regulated employment. For this Act— the chief executive (child safety) may carry out a function of the State relating to the person; and if the person must disclose information to the person’s employer, or notify the employer about a matter—the person must disclose the information to, or notify, the chief executive (child safety). This declaration arises out of the volunteer or non-employee status of persons engaged in regulated employment mentioned in schedule 1 , section 14 (1) or (2) . s 12 prev s 12 (prev s 11) renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 52 pres s 12 (prev s 164) ins 2010 No. 5 s 58 reloc and renum 2019 No. 18 s 15 amd 2019 No. 18 s 86 (1) sch 1 (sec.12-ssec.1) This section applies if a person is engaged, or proposes to be engaged, in regulated employment mentioned in schedule 1 , section 14 (1) or (2) . (sec.12-ssec.2) For this Act, and for no other purpose, the State is taken to be employing, or proposing to employ, the person in the regulated employment. (sec.12-ssec.3) For this Act— the chief executive (child safety) may carry out a function of the State relating to the person; and if the person must disclose information to the person’s employer, or notify the employer about a matter—the person must disclose the information to, or notify, the chief executive (child safety). This declaration arises out of the volunteer or non-employee status of persons engaged in regulated employment mentioned in schedule 1 , section 14 (1) or (2) .
This section applies if a person is employed at a State educational institution. For this Act, the principal of the State educational institution and the chief executive of the department in which the Education (General Provisions) Act 2006 is administered are employing the person. s 12A ins 2024 No. 50 s 33 (sec.12A-ssec.1) This section applies if a person is employed at a State educational institution. (sec.12A-ssec.2) For this Act, the principal of the State educational institution and the chief executive of the department in which the Education (General Provisions) Act 2006 is administered are employing the person.
A volunteer is a person who is employed by another person and does not carry out any work for the other person for a financial reward. In this section— financial reward does not include— a payment that is a reimbursement for out-of-pocket expenses; or for a person who is an approved carer—an allowance or other amount paid to the person under the Child Protection Act 1999 , section 159 . s 13 prev s 13 (prev s 11A) ins 2004 No. 13 s 37 renum 2010 No. 5 s 56 (3) sch 2 amdt 68 om 2014 No. 28 s 52 pres s 13 (prev s 165) ins 2010 No. 5 s 58 reloc and renum 2019 No. 18 s 15 (sec.13-ssec.1) A volunteer is a person who is employed by another person and does not carry out any work for the other person for a financial reward. (sec.13-ssec.2) In this section— financial reward does not include— a payment that is a reimbursement for out-of-pocket expenses; or for a person who is an approved carer—an allowance or other amount paid to the person under the Child Protection Act 1999 , section 159 .
This section applies in relation to a corporation that carries on, or proposes to carry on, a regulated business. For this Act, a person is taken to be carrying on, or proposing to carry on, the regulated business by being, or proposing to be, an executive officer of the corporation. Subsection (2) applies only if the person’s principal place of residence is in Australia. s 14 prev s 14 (prev s 12) sub 2004 No. 13 s 39 renum 2010 No. 5
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