sec.295Application of division

sec.295 Application of division

This division applies if— a person who holds a working with children authority is charged with a prescribed offence; or a registered teacher holds a working with children clearance and the teacher’s teacher registration is suspended under the Education (Queensland College of Teachers) Act 2005 , section 49 ; or a person who holds a working with children authority also holds an interstate working with children authority and the person’s interstate working with children authority is suspended under a corresponding WWC law; or a person holds a working with children authority and an interstate interim bar is imposed on the person. This division also applies if— the chief executive becomes aware of assessable information about a person who holds a working with children authority that— was not known to the chief executive when the chief executive decided to issue the authority; and the chief executive reasonably believes is relevant to deciding whether the person would pose a risk to the safety of children if the person continues to hold the authority, taking into account the reasonable person test in section 233 and the matters in section 234 ; and the chief executive considers that if the person were permitted to engage in, or continue to engage in, regulated employment or carry on a regulated business pending the determination of the person’s continuing eligibility to hold an authority, the person would pose a risk to the safety of children. For subsection (1) , a prescribed offence is— an offence against a provision of an Act mentioned in schedule 2 or 4 , column 1, subject to any qualification mentioned in column 3 opposite the provision; 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 prescribed offence; 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) . For subsection (3) , it is immaterial if a provision mentioned in schedule 2 or 4 , column 1 for an Act has been amended from time to time or that the provision was previously numbered with a different number. s 295 prev s 295 ins 2010 No. 5 s 58 amd 2014 No. 28 ss 55 , 56 om 2019 No. 18 s 47 pres s 295 ins 2019 No. 18 s 48 amd 2020 No. 39 s 70 sch 1 ; 2022 No. 7 s 85 sub 2022 No. 7 s 110 amd 2024 No. 50 s 59 ; 2025 No. 20 s 16 (sec.295-ssec.1) This division applies if— a person who holds a working with children authority is charged with a prescribed offence; or a registered teacher holds a working with children clearance and the teacher’s teacher registration is suspended under the Education (Queensland College of Teachers) Act 2005 , section 49 ; or a person who holds a working with children authority also holds an interstate working with children authority and the person’s interstate working with children authority is suspended under a corresponding WWC law; or a person holds a working with children authority and an interstate interim bar is imposed on the person. (sec.295-ssec.2) This division also applies if— the chief executive becomes aware of assessable information about a person who holds a working with children authority that— was not known to the chief executive when the chief executive decided to issue the authority; and the chief executive reasonably believes is relevant to deciding whether the person would pose a risk to the safety of children if the person continues to hold the authority, taking into account the reasonable person test in section 233 and the matters in section 234 ; and the chief executive considers that if the person were permitted to engage in, or continue to engage in, regulated employment or carry on a regulated business pending the determination of the person’s continuing eligibility to hold an authority, the person would pose a risk to the safety of children. (sec.295-ssec.3) For subsection (1) , a prescribed offence is— an offence against a provision of an Act mentioned in schedule 2 or 4 , column 1, subject to any qualification mentioned in column 3 opposite the provision; 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 prescribed offence; 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) . (sec.295-ssec.4) For subsection (3) , it is immaterial if a provision mentioned in schedule 2 or 4 , column 1 for an Act has been amended from time to time or that the provision was previously numbered with a different number.