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COMMISSION FOR CHILDREN AND YOUNG PEOPLE AND CHILD GUARDIAN AND ANOTHER ACT AMENDMENT BILL 2008

          Queensland



Commission for Children and
Young People and Child
Guardian and Another
Act Amendment Bill 2008

 


 

 

Queensland Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act 2000 3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4 Amendment of s 99C (What is a serious offence) . . . . . . . . . . . . 6 5 Omission of ss 99D and 99E . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 6 Amendment of s 100 (Application for notice--regulated employment) ................................ 7 7 Amendment of s 101 (Application for notice--regulated business) ................................... 8 8 Amendment of s 102 (Decision on application) . . . . . . . . . . . . . . 10 9 Amendment of s 102A (Decision-making under s 102 in relation to discretionary matters). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 10 Amendment of s 102B (Actions of commissioner after making decision on application) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 11 Amendment of s 104 (Currency of prescribed notice and positive notice blue card) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 12 Amendment of s 107 (Prohibited employment) . . . . . . . . . . . . . . 12 13 Amendment of s 108 (Person holding negative notice, or who has withdrawn consent to employment screening, not to apply for, or start or continue in, regulated employment) . . . . . . . . . . . . 12 14 Replacement of pt 6, div 3, sdiv 3 hdg (Changes in criminal history) 13 15 Replacement of s 110 (Acquiring a criminal history) . . . . . . . . . . 13 110 Acquiring police information . . . . . . . . . . . . . . . . . . . . 13

 


 

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 Contents 16 Amendment of s 111 (Effect of conviction for serious offence or charge for excluding offence) . . . . . . . . . . . . . . . . . . . . . . . . . . 13 17 Replacement of s 112 (Change in criminal history of employee) . 14 112 Change in police information of employee . . . . . . . . . 14 18 Replacement of s 113 (Change in criminal history of person carrying on regulated business) . . . . . . . . . . . . . . . . . . . . . . . . . . 15 113 Change in police information of person carrying on a regulated business . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 19 Amendment of s 114 (Change in criminal history of other persons) .................................... 15 20 Amendment of s 117 (Return of positive notice and any positive notice blue card to commissioner) . . . . . . . . . . . . . . . . . . . . . . . . 15 21 Amendment of s 118 (Cancellation of negative notice and issuing of positive notice) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 22 Amendment of s 119 (Commissioner may cancel a prescribed notice and substitute another prescribed notice) . . . . . . . . . . . . . 16 23 Amendment of s 119A (Cancellation if conviction for excluding offence and imprisonment or disqualification order). . . . . . . . . . . 18 24 Omission of s 119B (Cancellation if conviction for excluding offence but no imprisonment or disqualification order). . . . . . . . . 18 25 Amendment of s 119C (Effect of charge for excluding offence pending charge being dealt with) . . . . . . . . . . . . . . . . . . . . . . . . . 19 26 Amendment of s 119D (Cancellation of suspension and issue of further prescribed notice) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 27 Insertion of new s 119E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 119E Request to cancel suspended positive notice . . . . . . 21 28 Amendment of s 120A (Change of details for prescribed notice or positive notice blue card) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 29 Insertion of new pt 6, div 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Division 4A Disqualified persons 120B What is a disqualifying offence . . . . . . . . . . . . . . . . . . 23 120C Who is a disqualified person . . . . . . . . . . . . . . . . . . . 24 120D Who is a relevant disqualified person. . . . . . . . . . . . . 24 120E Offences for disqualified person . . . . . . . . . . . . . . . . . 24 120F Application for an eligibility declaration. . . . . . . . . . . . 26 120G Notice of change of name and contact details in eligibility application . . . . . . . . . . . . . . . . . . . . . . . . . . 27 120H Commissioner's decision on eligibility application . . . 28 120I Eligibility declaration taken to have been issued . . . . 29 120J Withdrawing eligibility application . . . . . . . . . . . . . . . . 29 Page 2

 


 

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 Contents 120K Expiry of eligibility declaration . . . . . . . . . . . . . . . . . . 30 120L Reversal of decision refusing an eligibility declaration ......................... 30 30 Amendment of s 121 (Person may apply for review of decision) . 31 31 Insertion of new s 121AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 121AA Effect of applicant under s 121 becoming a disqualified person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 32 Amendment of s 121A (Police commissioner may decide that information about a person is investigative information). . . . . . . . 32 33 Amendment of s 121B (Police commissioner not to delegate power under s 121A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 34 Amendment of s 122 (Commissioner may obtain information from police commissioner) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 35 Amendment of s 122A (Notice of change in police information about a person) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 36 Replacement of s 122B (Commissioner to give notice to employer about making employment-screening decision about employee) .................................. 35 122B Commissioner to give notice to particular entities about a change in police information about a relevant person ...................... 36 37 Amendment of s 123 (Withdrawal of employee's consent to employment screening) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 38 Amendment of s 123A (Notice about withdrawal of application or negative notice) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 39 Amendment of s 124 (Compliance with requirement to end, or not start, a person's regulated employment) . . . . . . . . . . . . . . . . 39 40 Amendment of s 126A (Commissioner must give police commissioner a person's current address). . . . . . . . . . . . . . . . . . 39 41 Insertion of new s 126AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 126AA Giving other information to police commissioner . . . . 39 42 Amendment of s 126B (Commissioner may give information to accreditation board about director of school's governing body) . . 40 43 Replacement of ss 126C and 126D . . . . . . . . . . . . . . . . . . . . . . . 40 126C Disqualification order . . . . . . . . . . . . . . . . . . . . . . . . . 40 44 Amendment of s 146 (Indictable and summary offences) . . . . . . 42 45 Insertion of new pt 9, div 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Division 11 Transitional provisions for Commission for Children and Young People and Child Guardian and Another Act Amendment Act 2008 217 Definition for div 11. . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Page 3

 


 

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 Contents 218 Applications by disqualified persons who are not relevant disqualified persons . . . . . . . . . . . . . . . . . . . 42 219 Applications by relevant disqualified persons . . . . . . . 43 220 Applications by persons who are not disqualified persons ........................... 44 221 Existing applications for review or appeal. . . . . . . . . . 45 222 Positive notices held by disqualified persons who are not relevant disqualified persons . . . . . . . . . . . . . . . . 45 223 Positive notices held by relevant disqualified persons 46 224 Continuation if commissioner acting on own initiative 46 225 Notice by commissioner of withdrawal of application under this division. . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 226 Notice by commissioner of cancellation of positive notice under this division . . . . . . . . . . . . . . . . . . . . . . 47 227 Application of ss 120B, 120C, 120D and 126C . . . . . 47 228 Application of s 120E . . . . . . . . . . . . . . . . . . . . . . . . . 48 229 No retrospective criminal liability . . . . . . . . . . . . . . . . 48 230 Transitional regulation-making power . . . . . . . . . . . . . 48 46 Amendment of sch 2 (Current serious offences) . . . . . . . . . . . . . 49 47 Replacement of schs 2B and 2C . . . . . . . . . . . . . . . . . . . . . . . . . 49 Schedule 2B Current disqualifying offences Schedule 2C Repealed or expired disqualifying offences 48 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 58 Part 3 Amendment of Police Powers and Responsibilities Act 2000 49 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 50 Insertion of new ch 23, pt 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 Part 1A Provision for Commission for Children and Young People and Child Guardian Act 2000 789A Power to demand production of CCYPCG document. 61 Part 4 Consequential amendments of other Acts 51 Acts amended in schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 Schedule Consequential amendments of other Acts . . . . . . . . . . . . . . . 63 Child Protection Act 1999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 Transport Operations (Road Use Management) Act 1995 . . . . . . 63 Page 4

 


 

2008 A Bill for An Act to amend the Commission for Children and Young People and Child Guardian Act 2000 and the Police Powers and Responsibilities Act 2000, and for related purposes

 


 

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 Part 1 Preliminary [s 1] The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 Clause 1 Short title 3 This Act may be cited as the Commission for Children and 4 Young People and Child Guardian and Another Act 5 Amendment Act 2008. 6 Clause 2 Commencement 7 This Act commences on 2 June 2008 immediately after the 8 commencement of the Child Protection (Offender Prohibition 9 Order) Act 2008. 10 Part 2 Amendment of Commission for 11 Children and Young People and 12 Child Guardian Act 2000 13 Clause 3 Act amended in pt 2 14 This part amends the Commission for Children and Young 15 People and Child Guardian Act 2000. 16 Clause 4 Amendment of s 99C (What is a serious offence) 17 Section 99C(1)(a) to (e)-- 18 omit, insert-- 19 `(a) an offence against a provision of an Act mentioned in 20 schedule 2 or 2A, column 1, subject to any qualification 21 Page 6

 


 

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act 2000 [s 5] relating to the provision mentioned opposite in column 1 3; or 2 (b) any offence under a law of a foreign jurisdiction that, if 3 it had been committed in Queensland, would have 4 constituted a serious offence of a kind mentioned in 5 paragraph (a); or 6 (c) an offence of counselling or procuring the commission 7 of an offence of a kind mentioned in paragraph (a); or 8 (d) an offence of attempting, or of conspiring, to commit an 9 offence of a kind mentioned in paragraph (a); or 10 (e) an offence that has, as an element, an intention to 11 commit an offence of a kind mentioned in paragraph (a); 12 or 13 (f) an offence that, at the time it was committed was an 14 offence of a kind mentioned in paragraph (a); or 15 (g) another offence that is a class 1 offence or a class 2 16 offence under the Offender Reporting Act that is not 17 otherwise a serious offence under this Act.'. 18 Clause 5 Omission of ss 99D and 99E 19 Sections 99D and 99E-- 20 omit. 21 Clause 6 Amendment of s 100 (Application for notice--regulated 22 employment) 23 (1) Section 100-- 24 insert-- 25 `(1C) If an employer asks an employee to sign an application under 26 subsection (1) about the employee, the employer must warn 27 the employee that it is an offence for a disqualified person to 28 sign the application as a relevant person. 29 Maximum penalty--10 penalty units.'. 30 Page 7

 


 

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act 2000 [s 7] (2) Section 100(3)(d)-- 1 renumber as section 100(3)(f). 2 (3) Section 100(3)-- 3 insert-- 4 `(d) a declaration by the employer that the employer has 5 given the employee a warning as required under 6 subsection (1C); and 7 (e) a declaration by the relevant person that he or she is not 8 a disqualified person; and'. 9 (4) Section 100-- 10 insert-- 11 `(3A) The approved form must include-- 12 (a) a warning that it is an offence for a disqualified person 13 to sign the application as a relevant person; and 14 (b) a statement about applying for an eligibility 15 declaration.'. 16 (5) Section 100(8), definition prescribed person-- 17 omit. 18 Clause 7 Amendment of s 101 (Application for notice--regulated 19 business) 20 (1) Section 101(3)-- 21 insert-- 22 `(c) a declaration by the person that he or she is not a 23 disqualified person.'. 24 (2) Section 101-- 25 insert-- 26 `(3A) The approved form must include-- 27 (a) a warning that it is an offence for a disqualified person 28 to make the application; and 29 Page 8

 


 

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act 2000 [s 7] (b) a statement about applying for an eligibility 1 declaration.'. 2 (3) Section 101(6)-- 3 omit, insert-- 4 `(6) The person is taken to have withdrawn the application if the 5 following applies-- 6 (a) the commissioner gives the person a notice-- 7 (i) asking the person to provide, within a reasonable 8 stated time, either or both of the following-- 9 (A) stated information that the commissioner 10 reasonably needs to establish the person's 11 identity; 12 (B) stated information, including by way of a 13 submission, about a stated matter that the 14 commissioner reasonably believes is relevant 15 to the person's application; and 16 (ii) warning the person that, if the person does not 17 comply with the request, the person's application 18 may be taken to have been withdrawn; 19 (b) the person does not comply with the request within the 20 stated time; 21 (c) if the commissioner had requested stated information to 22 establish the person's identity--the commissioner can 23 not establish with certainty the person's identity; 24 (d) the commissioner gives the person a notice stating that 25 the person is taken to have withdrawn the application.'. 26 (4) Section 101(7)(a)-- 27 omit, insert-- 28 `(a) the person gives the commissioner, or the commissioner 29 gives the person, written notice that the person-- 30 (i) is charged with a disqualifying offence; or 31 Page 9

 


 

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act 2000 [s 8] (ii) is named as the respondent in an application for an 1 offender prohibition order and the proceeding for 2 the offender prohibition order has not ended; or 3 (iii) is subject to a temporary offender prohibition order 4 made after the date of the application for the 5 prescribed notice; and 6 Note-- 7 See section 102(6)(b) if the person is subject to a final 8 offender prohibition order.'. 9 (5) Section 101(8)-- 10 omit. 11 Clause 8 Amendment of s 102 (Decision on application) 12 (1) Section 102(3), `subsection (4)'-- 13 omit, insert-- 14 `subsections (4) and (6A)'. 15 (2) Section 102(3)(b)(iii) and (iv), `an excluding'-- 16 omit, insert-- 17 `a disqualifying'. 18 (3) Section 102(3)(b)(iv), note, `excluding'-- 19 omit, insert-- 20 `disqualifying'. 21 (4) Section 102(3)-- 22 insert-- 23 `(d) has, under section 118, cancelled a negative notice 24 issued to the relevant person; or 25 (e) has issued an eligibility declaration to the relevant 26 person under section 120H and the eligibility 27 declaration has not expired.'. 28 Page 10

 


 

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act 2000 [s 9] (5) Section 102(6)-- 1 omit, insert-- 2 `(6) Subject to subsections (3) and (7), the commissioner must 3 issue a negative notice to the relevant person if the 4 commissioner is aware the relevant person-- 5 (a) is a relevant disqualified person, other than only because 6 the person is subject to a temporary offender prohibition 7 order; or 8 (b) is a person, other than a person mentioned in paragraph 9 (a), who has at any time been a relevant disqualified 10 person; or 11 (c) has been convicted of a serious offence. 12 `(6A) Subject to subsection (7), the commissioner must also issue a 13 negative notice to a relevant person to whom subsection (3)(d) 14 or (e) applies if the commissioner is aware of any police 15 information or disciplinary information about the relevant 16 person, other than information known to the commissioner at 17 the time of taking the action mentioned in the paragraph that 18 applies to the person.'. 19 (6) Section 102(7), after `(6)(b)'-- 20 insert-- 21 `or (c) or (6A)'. 22 Clause 9 Amendment of s 102A (Decision-making under s 102 in 23 relation to discretionary matters) 24 Section 102A(2)(a)(ii), `an excluding'-- 25 omit, insert-- 26 `a disqualifying'. 27 Clause 10 Amendment of s 102B (Actions of commissioner after 28 making decision on application) 29 Section 102B(3A) and (5), `102(6)(a)'-- 30 Page 11

 


 

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act 2000 [s 11] omit, insert-- 1 `102(6)(a) or (b)'. 2 Clause 11 Amendment of s 104 (Currency of prescribed notice and 3 positive notice blue card) 4 Section 104(2), `under division 4'-- 5 omit. 6 Clause 12 Amendment of s 107 (Prohibited employment) 7 (1) Section 107(2)-- 8 insert-- 9 `(d) the employer has been given a notice in relation to the 10 employee under-- 11 (i) section 119E(4) or 120E(3)(a); or 12 (ii) section 122B(3) because of a change in police 13 information mentioned in section 122B(3)(g).'. 14 (2) Section 107(2), penalty, paragraph (b)-- 15 omit, insert-- 16 `(b) otherwise--200 penalty units or 2 years imprisonment.'. 17 Clause 13 Amendment of s 108 (Person holding negative notice, or 18 who has withdrawn consent to employment screening, 19 not to apply for, or start or continue in, regulated 20 employment) 21 Section 108(2)-- 22 omit, insert-- 23 `(2) If-- 24 (a) an application about the person was made under section 25 100; and 26 Page 12

 


 

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act 2000 [s 14] (b) before a prescribed notice was issued, the application 1 was withdrawn under section 123(2) or (3B) because the 2 person's consent to employment screening under this 3 part was withdrawn; 4 the person must not start or continue in regulated employment 5 unless a positive notice is issued to the person. 6 Maximum penalty-- 7 (a) if an application is withdrawn under section 8 123(2)--100 penalty units or 1 year's imprisonment; or 9 (b) otherwise--500 penalty units or 5 years imprisonment.'. 10 Clause 14 Replacement of pt 6, div 3, sdiv 3 hdg (Changes in 11 criminal history) 12 Part 6, division 3, subdivision 3, heading-- 13 omit, insert-- 14 `Subdivision 3 Changes in police information'. 15 Clause 15 Replacement of s 110 (Acquiring a criminal history) 16 Section 110-- 17 omit, insert-- 18 `110 Acquiring police information 19 `For a person in relation to whom police information does not 20 exist, there is taken to be a change in the person's police 21 information if the person acquires police information.'. 22 Clause 16 Amendment of s 111 (Effect of conviction for serious 23 offence or charge for excluding offence) 24 (1) Section 111, heading, from `or charge'-- 25 omit. 26 Page 13

 


 

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act 2000 [s 17] (2) Section 111(1), from `serious'-- 1 omit, insert-- 2 `serious offence.'. 3 Clause 17 Replacement of s 112 (Change in criminal history of 4 employee) 5 Section 112-- 6 omit, insert-- 7 `112 Change in police information of employee 8 `(1) This section applies to a person employed in regulated 9 employment if the person becomes aware that there is a 10 change in the person's police information. 11 `(2) The person must immediately disclose to the person's 12 employer that there has been a change in the person's police 13 information. 14 Maximum penalty--100 penalty units. 15 `(3) On receiving the disclosure, the employer must not continue 16 to employ the person in regulated employment without 17 notifying the commissioner, in the approved form, of the 18 change in the person's police information. 19 Maximum penalty--100 penalty units. 20 `(4) To remove any doubt, it is declared that-- 21 (a) it is not a requirement of subsection (2) that the person 22 give the person's employer any information about the 23 change other than that a change has happened; and 24 (b) unless otherwise required under this part, it is not a 25 requirement that the employer stop employing the 26 person on receiving the disclosure.'. 27 Page 14

 


 

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act 2000 [s 18] Clause 18 Replacement of s 113 (Change in criminal history of 1 person carrying on regulated business) 2 Section 113-- 3 omit, insert-- 4 `113 Change in police information of person carrying on a 5 regulated business 6 `(1) This section applies to a person carrying on a regulated 7 business if the person becomes aware that there is a change in 8 the person's police information. 9 `(2) The person must immediately notify the commissioner, in the 10 approved form, of the change in the person's police 11 information. 12 Maximum penalty--100 penalty units.'. 13 Clause 19 Amendment of s 114 (Change in criminal history of other 14 persons) 15 (1) Section 114, `criminal history'-- 16 omit, insert-- 17 `police information'. 18 (2) Section 114(3), from `applying' to `person'-- 19 omit, insert-- 20 `notifying the commissioner, in the approved form, of the 21 change in police information'. 22 (3) Section 114(4), from `apply' to `notice'-- 23 omit, insert-- 24 `notify the commissioner, in the approved form, of the change 25 in police information'. 26 Clause 20 Amendment of s 117 (Return of positive notice and any 27 positive notice blue card to commissioner) 28 Section 117(1)(b), from `the notice'-- 29 Page 15

 


 

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act 2000 [s 21] omit, insert-- 1 `the notice.'. 2 Clause 21 Amendment of s 118 (Cancellation of negative notice and 3 issuing of positive notice) 4 (1) Section 118, heading, `and issuing of positive notice'-- 5 omit. 6 (2) Section 118-- 7 insert-- 8 `(1A) However, this section does not apply to the person if the 9 person is a relevant disqualified person.'. 10 (3) Section 118(3)-- 11 omit, insert-- 12 `(3) The application may not be made less than 2 years after the 13 issue of the negative notice or any previous application by the 14 person under this section, unless-- 15 (a) the decision to issue the negative notice was based on 16 wrong or incomplete information; or 17 (b) the negative notice was issued because the person was a 18 relevant disqualified person and the person is no longer 19 a relevant disqualified person.'. 20 (4) Section 118(7), `and issue a positive notice to the person'-- 21 omit. 22 Clause 22 Amendment of s 119 (Commissioner may cancel a 23 prescribed notice and substitute another prescribed 24 notice) 25 (1) Section 119(1)(b)-- 26 omit, insert-- 27 `(b) subject to section 119C, it is appropriate to cancel the 28 positive notice having regard to-- 29 Page 16

 


 

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act 2000 [s 22] (i) disciplinary information, or information received 1 under section 122 or 122A, about the person, other 2 than information known to the commissioner at the 3 time the positive notice was issued; or 4 (ii) a decision of a court made after the positive notice 5 was issued, including the reasons for the decision, 6 relating to an offence committed by the person.'. 7 (2) Section 119(2)-- 8 omit, insert-- 9 `(2) The commissioner may cancel a negative notice (the 10 cancelled notice) about a person and substitute a positive 11 notice if-- 12 (a) the commissioner is satisfied that the decision on the 13 application for the cancelled notice was based on wrong 14 or incomplete information and, based on the correct or 15 complete information, the commissioner should issue 16 the positive notice; or 17 (b) the negative notice was issued because the person was a 18 relevant disqualified person and the person is no longer 19 a relevant disqualified person; or 20 (c) the commissioner is satisfied that it is appropriate to 21 cancel the negative notice having regard to information 22 not known to the commissioner at the time the negative 23 notice was issued.'. 24 (3) Section 119(4), `section 126B(2)'-- 25 omit, insert-- 26 `section 126B'. 27 (4) Section 119(6)-- 28 omit, insert-- 29 `(6) The commissioner may exercise a power-- 30 (a) under subsection (1) or (2)--on the commissioner's own 31 initiative; or 32 Page 17

 


 

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act 2000 [s 23] (b) under subsection (2)(a) or (b)--on application under 1 section 118 by the person to whom the cancelled notice 2 was issued.'. 3 Clause 23 Amendment of s 119A (Cancellation if conviction for 4 excluding offence and imprisonment or disqualification 5 order) 6 (1) Section 119A, heading-- 7 omit, insert-- 8 `119A Cancellation if relevant disqualified person'. 9 (2) Section 119A(1)-- 10 omit, insert-- 11 `(1) This section applies if a person who is the holder of a positive 12 notice, including a positive notice that is suspended under 13 section 119C, becomes a relevant disqualified person other 14 than only because the person is subject to a temporary 15 offender prohibition order.'. 16 (3) Section 119A(3)(b) and (c)-- 17 omit, insert-- 18 `(b) the person can not apply under section 118 for the 19 cancellation of the negative notice, even after 2 years, 20 except as provided for in section 118(3).'. 21 (4) Section 119A(6), `section 126B(2)'-- 22 omit, insert-- 23 `section 126B'. 24 Clause 24 Omission of s 119B (Cancellation if conviction for 25 excluding offence but no imprisonment or 26 disqualification order) 27 Section 119B-- 28 omit. 29 Page 18

 


 

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act 2000 [s 25] Clause 25 Amendment of s 119C (Effect of charge for excluding 1 offence pending charge being dealt with) 2 (1) Section 119C, heading-- 3 omit, insert-- 4 `119C Suspension of a positive notice'. 5 (2) Section 119C(1)-- 6 omit, insert-- 7 `(1) This section applies if a person who is the holder of a positive 8 notice-- 9 (a) is charged with a disqualifying offence; or 10 (b) becomes a relevant disqualified person because the 11 person is subject to a temporary offender prohibition 12 order. 13 `(1A) The commissioner must, by written notice given to the person, 14 suspend the person's positive notice.'. 15 (3) Section 119C(2)(e), `notice is'-- 16 omit, insert-- 17 `notice about the suspension is'. 18 (4) Section 119C(3) and (4), `subsection (1)'-- 19 omit, insert-- 20 `subsection (1A)'. 21 (5) Section 119C(3), penalty-- 22 omit, insert-- 23 `Maximum penalty--500 penalty units or 5 years 24 imprisonment.'. 25 (6) Section 119C(6), `section 126B(2)'-- 26 omit, insert-- 27 `section 126B'. 28 Page 19

 


 

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act 2000 [s 26] Clause 26 Amendment of s 119D (Cancellation of suspension and 1 issue of further prescribed notice) 2 (1) Section 119D(2)(a), `or 119B(2)'-- 3 omit. 4 (2) Section 119D(2)(b)-- 5 omit, insert-- 6 `(b) the commissioner cancels the suspended notice and 7 issues a further positive notice or a negative notice for 8 the person-- 9 (i) on the commissioner's own initiative; or 10 (ii) on application by the person for cancellation of the 11 suspension.'. 12 (3) Section 119D(3) and (3A)-- 13 omit. 14 (4) Section 119D(4), `under subsection (3)'-- 15 omit, insert-- 16 `to cancel the suspended notice and issue a further positive 17 notice or a negative notice'. 18 (5) Section 119D(5), `section 126B(2)'-- 19 omit, insert-- 20 `section 126B'. 21 (6) Section 119D-- 22 insert-- 23 `(7) Despite an application made by the person as mentioned in 24 subsection (2)(b)(ii), the commissioner is not required to 25 decide the application-- 26 (a) while a charge against the person for a disqualifying 27 offence is pending; or 28 Page 20

 


 

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act 2000 [s 27] (b) while the person is a relevant disqualified person 1 because the person is subject to a temporary offender 2 prohibition order; or 3 (c) if the person has been convicted of a disqualifying 4 offence and-- 5 (i) the period allowed for an appeal relating to the 6 conviction or sentence of the person has not ended; 7 or 8 (ii) an appeal relating to the conviction or sentence has 9 started but has not been decided; or 10 (d) if the person is subject to a final offender prohibition 11 order or a disqualification order and-- 12 (i) the period allowed for an appeal relating to the 13 order has not ended; or 14 (ii) an appeal relating to the order has started but has 15 not been decided.'. 16 Clause 27 Insertion of new s 119E 17 After section 119D-- 18 insert-- 19 `119E Request to cancel suspended positive notice 20 `(1) A person who is given a notice under section 119C(1A) (the 21 relevant person) may, by written notice given to the 22 commissioner, ask the commissioner to cancel the person's 23 positive notice. 24 `(2) After receiving the written notice, the commissioner must-- 25 (a) cancel the positive notice; and 26 (b) give the person a written notice stating that-- 27 (i) the positive notice has been cancelled; and 28 (ii) the person must not perform work that is regulated 29 employment or carry on a regulated business. 30 Page 21

 


 

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act 2000 [s 28] `(3) The relevant person must not perform work that is regulated 1 employment unless the commissioner issues a further positive 2 notice to the person. 3 Maximum penalty--500 penalty units or 5 years 4 imprisonment. 5 Note-- 6 See section 109 for the offence of carrying on a regulated business 7 without a current positive notice. 8 `(4) The commissioner must give written notice about the 9 cancellation of the relevant person's positive notice to any 10 person to whom the commissioner gave written notice as 11 mentioned in section 119C(5) and (6). 12 `(5) A notice under subsection (4) must state that a person to 13 whom the notice is given must not allow the relevant person to 14 perform work that is regulated employment.'. 15 Clause 28 Amendment of s 120A (Change of details for prescribed 16 notice or positive notice blue card) 17 (1) Section 120A(1), `or negative notice'-- 18 omit, insert-- 19 `, or the holder of a negative notice who has applied for its 20 cancellation,'. 21 (2) Section 120A-- 22 insert-- 23 `(1A) This section also applies if the holder of a positive notice that 24 is not suspended does either of the following (each of which is 25 also a relevant change)-- 26 (a) ends or changes the person's employment; 27 (b) stops carrying on a regulated business or starts another 28 regulated business.'. 29 Page 22

 


 

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act 2000 [s 29] Clause 29 Insertion of new pt 6, div 4A 1 After section 120A-- 2 insert-- 3 `Division 4A Disqualified persons 4 `120B What is a disqualifying offence 5 `(1) A disqualifying offence is an offence against a provision of an 6 Act mentioned in schedule 2B or 2C, column 1, subject to any 7 qualification relating to the provision mentioned opposite in 8 column 3. 9 Note-- 10 Column 2 in schedules 2B and 2C is included for information 11 purposes only and states a section heading for the provision 12 mentioned opposite in column 1. 13 `(2) A disqualifying offence mentioned in subsection (1) also 14 includes-- 15 (a) any offence under a law of a foreign jurisdiction that, if 16 it had been committed in Queensland, would have 17 constituted a disqualifying offence of a kind mentioned 18 in subsection (1); or 19 (b) an offence of counselling or procuring the commission 20 of an offence of a kind mentioned in paragraph (a); or 21 (c) an offence of attempting, or of conspiring, to commit an 22 offence of a kind mentioned in subsection (1); or 23 (d) an offence that has, as an element, intention to commit 24 an offence of a kind mentioned in subsection (1); or 25 (e) an offence that, at the time it was committed was an 26 offence of a kind mentioned in subsection (1). 27 `(3) For this section, it is immaterial if a provision mentioned in 28 schedule 2B or 2C, column 1 has been amended from time to 29 time or that the provision was previously numbered with a 30 different number. 31 Page 23

 


 

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act 2000 [s 29] `120C Who is a disqualified person 1 `(1) A person is a disqualified person if the person-- 2 (a) has been or is convicted of a disqualifying offence; or 3 (b) is subject to-- 4 (i) reporting obligations under the Offender Reporting 5 Act; or 6 (ii) an offender prohibition order; or 7 (iii) a disqualification order. 8 `(2) However, a person to whom subsection (1)(a) applies is not a 9 disqualified person if the commissioner issued an eligibility 10 declaration to the person and the eligibility declaration has not 11 expired. 12 `120D Who is a relevant disqualified person 13 `A person is a relevant disqualified person if the person-- 14 (a) has been or is convicted of a disqualifying offence for 15 which an imprisonment order was or is imposed; or 16 (b) is subject to-- 17 (i) reporting obligations under the Offender Reporting 18 Act; or 19 (ii) an offender prohibition order; or 20 (iii) a disqualification order. 21 `120E Offences for disqualified person 22 `(1) A disqualified person must not-- 23 (a) sign an application as a relevant person under section 24 100; or 25 (b) make an application under section 101; or 26 (c) apply for, or start or continue in, regulated employment. 27 Page 24

 


 

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act 2000 [s 29] Maximum penalty--500 penalty units or 5 years 1 imprisonment. 2 Note-- 3 Under section 109 it is an offence for a person to carry on a regulated 4 business unless the person has a current positive notice. 5 `(2) If a person signs or makes an application as mentioned in 6 subsection (1) and the commissioner decides the person is a 7 disqualified person, the commissioner must give written 8 notice to the person stating the following-- 9 (a) the commissioner has decided the person is a 10 disqualified person; 11 (b) the application is invalid; 12 (c) the person must not start or continue in regulated 13 employment or carry on a regulated business. 14 `(3) Also, the commissioner must give notice as mentioned in 15 subsection (4) to the following-- 16 (a) if the person has applied for, or started or continued in, 17 regulated employment--the employer; 18 (b) if the person is a trainee student of an education 19 provider--the education provider; 20 (c) if the commissioner is aware that the person is a 21 licensee, the nominee of a licensee, or an adult occupant 22 of a carer's home that is a licensed home based service, 23 under the Child Care Act 2002--the chief executive of 24 the department in which that Act is administered; 25 (d) if the commissioner is aware that the person is carrying 26 on a regulated business as a religious representative--an 27 entity within the relevant organised or recognised 28 religious group that the commissioner reasonably 29 considers has responsibility for supervising or 30 disciplining the person; 31 (e) if the commissioner is aware that the person is the 32 nominee for, or an executive officer of an applicant for 33 Page 25

 


 

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act 2000 [s 29] or holder of, a licence under the Child Protection Act 1 1999--the chief executive (child safety). 2 `(4) A notice given under subsection (3) must state that the 3 commissioner has decided that the stated person for whom the 4 application for a prescribed notice has been made is a 5 disqualified person and-- 6 (a) the person to whom the notice is given must not allow 7 the stated person to start or continue to perform work 8 that is regulated employment; or 9 (b) the stated person must not start or continue to carry on a 10 regulated business. 11 `(5) Also, the commissioner must consider whether notice as 12 mentioned in subsection (4) must be given under section 13 126B. 14 `(6) Subsection (1)(c) applies even though it may not be an offence 15 for a person to employ the disqualified person in regulated 16 employment. 17 `120F Application for an eligibility declaration 18 `(1) The purpose of this section to is allow a person who may be a 19 disqualified person to apply to the commissioner for a 20 declaration (eligibility declaration) that the person is not a 21 disqualified person and is eligible-- 22 (a) to sign an application as a relevant person under section 23 100; or 24 (b) to make an application under section 101. 25 Note-- 26 Under section 120E it is an offence for a person to sign an application as a 27 relevant person or to make an application, if the person is a disqualified person. 28 However, it is not an offence to make an application under this section. 29 `(2) A person may make an application (eligibility application) to 30 the commissioner for an eligibility declaration stating that the 31 person is eligible-- 32 Page 26

 


 

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act 2000 [s 29] (a) to sign an application as a relevant person under section 1 100; or 2 (b) to make an application under section 101. 3 `(3) The person can not make an eligibility application less than 2 4 years after making a previous eligibility application that has 5 been refused, unless-- 6 (a) the decision to refuse the eligibility application was 7 based on wrong or incomplete information; or 8 (b) the eligibility declaration was refused because the 9 person was a relevant disqualified person and the person 10 is no longer a relevant disqualified person. 11 `(4) The eligibility application must be-- 12 (a) in the approved form; and 13 (b) signed by the person; and 14 (c) accompanied by the prescribed fee. 15 `(5) The approved form must include provision for-- 16 (a) identifying information about the person; and 17 (b) certification by a prescribed person that the prescribed 18 person has sighted the documents, relating to proof of 19 the person's identity, prescribed under a regulation. 20 `120G Notice of change of name and contact details in 21 eligibility application 22 `(1) This section applies if, after a person makes an eligibility 23 application, the person's name or contact details, as stated in 24 the application, change before the commissioner issues an 25 eligibility declaration or a notice relating to the application 26 under section 120H. 27 `(2) Within 14 days after the change happens, the person must give 28 notice of it, in the approved form, to the commissioner. 29 Maximum penalty--10 penalty units. 30 Page 27

 


 

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act 2000 [s 29] `120H Commissioner's decision on eligibility application 1 `(1) The commissioner may only issue an eligibility declaration 2 for a person who has been convicted of a disqualifying 3 offence. 4 `(2) The commissioner must refuse a person's eligibility 5 application if the person is a relevant disqualified person. 6 `(3) If the person has been convicted of a disqualifying offence 7 and is not a relevant disqualified person, the commissioner 8 must decide the eligibility application as if it were a decision 9 about an application for a prescribed notice and, for that 10 purpose, sections 102, 102A and 103 apply to the decision. 11 `(4) For subsection (3), sections 102 and 103 apply as if-- 12 (a) a reference in the provisions to issuing a positive notice 13 were a reference to issuing an eligibility declaration; 14 and 15 (b) a reference in the provisions to issuing a negative notice 16 were a reference to refusing to issue an eligibility 17 declaration. 18 `(5) If the eligibility application is granted, the commissioner must 19 issue the eligibility declaration to the person. 20 `(6) If the eligibility application is refused, the commissioner must 21 give the person a written notice stating-- 22 (a) the reasons for the refusal; and 23 (b) if the reasons include investigative information-- 24 (i) that, within 28 days after the person is given the 25 notice, the person may appeal as mentioned in 26 section 121C(2) to a Magistrates Court about only 27 the investigative information; and 28 (ii) how the person may appeal to the Magistrates 29 Court. 30 `(7) If the commissioner considers the person has not been 31 convicted of a disqualifying offence, the commissioner must 32 give written notice to the person stating the following-- 33 Page 28

 


 

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act 2000 [s 29] (a) the commissioner may only issue an eligibility 1 declaration if the person has been convicted of a 2 disqualifying offence; 3 (b) the commissioner does not consider the person has been 4 convicted of a disqualifying offence and, for that reason, 5 the commissioner can not issue an eligibility declaration 6 to the person; 7 (c) that an application may be made under section 100 or 8 101 for the person; 9 (d) that the eligibility application will not be further dealt 10 with by the commissioner. 11 `120I Eligibility declaration taken to have been issued 12 `The commissioner is taken to have issued an eligibility 13 declaration to a disqualified person if the commissioner-- 14 (a) issues a positive notice to the person; or 15 (b) cancels a negative notice issued to the person. 16 `120J Withdrawing eligibility application 17 `(1) A person may withdraw an eligibility application at any time 18 before the commissioner issues an eligibility declaration or a 19 notice relating to the application under section 120H. 20 `(2) A person is taken to have withdrawn an eligibility application 21 if the following applies-- 22 (a) the commissioner gives the person a notice-- 23 (i) asking the person to provide, within a reasonable 24 stated time, either or both of the following-- 25 (A) stated information that the commissioner 26 reasonably needs to establish the person's 27 identity; 28 (B) stated information, including by way of a 29 submission, about a stated matter that the 30 Page 29

 


 

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act 2000 [s 29] commissioner reasonably believes is relevant 1 to the person's application; and 2 (ii) warning the person that, if the person does not 3 comply with the request, the person's eligibility 4 application may be taken to have been withdrawn; 5 (b) the person does not comply with the request within the 6 stated time; 7 (c) if the commissioner had requested stated information to 8 establish the person's identity--the commissioner can 9 not establish with certainty the person's identity; 10 (d) the commissioner gives the person a notice stating that 11 the person is taken to have withdrawn the eligibility 12 application. 13 `120K Expiry of eligibility declaration 14 `An eligibility declaration issued to a person expires if, after it 15 is issued-- 16 (a) the person-- 17 (i) is charged with a disqualifying offence; or 18 (ii) is convicted of a serious offence; or 19 (iii) becomes a relevant disqualified person; or 20 (iv) is issued with a negative notice; or 21 (b) any positive notice held by the person is cancelled. 22 `120L Reversal of decision refusing an eligibility 23 declaration 24 `(1) The commissioner may revoke a decision to refuse an 25 eligibility application and issue an eligibility declaration if the 26 commissioner is satisfied-- 27 (a) the decision on the application was based on wrong or 28 incomplete information; and 29 Page 30

 


 

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act 2000 [s 30] (b) based on the correct or complete information, the 1 commissioner decides under section 120H that the 2 commissioner may issue the eligibility declaration. 3 `(2) The commissioner may exercise the power under subsection 4 (1) on the commissioner's own initiative or on application by 5 the person whose eligibility application was refused.'. 6 Clause 30 Amendment of s 121 (Person may apply for review of 7 decision) 8 (1) Section 121(1), after `A person'-- 9 insert-- 10 `who is not a disqualified person'. 11 (2) Section 121(1)(a), `section 102(4) or (7), 119B(2) or 12 119D(3)'-- 13 omit, insert-- 14 `section 102(4) or (7)'. 15 (3) Section 121(1)(b), `an excluding'-- 16 omit, insert-- 17 `a disqualifying'. 18 (4) Section 121(1)(b), `section 119C(1)'-- 19 omit, insert-- 20 `section 119C(1A)'. 21 (5) Section 121(1A), `relevant excluding'-- 22 omit, insert-- 23 `disqualifying'. 24 (6) Section 121(3)-- 25 omit, insert-- 26 `(3) To remove any doubt, it is declared that there is no appeal, or 27 review, under this Act against a decision of the 28 commissioner-- 29 Page 31

 


 

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act 2000 [s 31] (a) to issue, or refuse to cancel, a negative notice about a 1 person other than a decision mentioned in subsection 2 (1); or 3 (b) to refuse an application for an eligibility declaration.'. 4 Clause 31 Insertion of new s 121AA 5 After section 121-- 6 insert-- 7 `121AA Effect of applicant under s 121 becoming a disqualified 8 person 9 `(1) This section applies if a disqualified person made an 10 application under section 121 before the person became a 11 disqualified person. 12 `(2) The application and any proceeding in relation to the 13 application must be dismissed-- 14 (a) if a proceeding in relation to the application is before a 15 court--by the court; or 16 (b) otherwise--by the Children Services Tribunal, even if 17 the dismissal would be contrary to a direction of the 18 District Court. 19 `(3) Any appeal by the person from a decision of the Children 20 Services Tribunal on the application must be dismissed.'. 21 Clause 32 Amendment of s 121A (Police commissioner may decide 22 that information about a person is investigative 23 information) 24 Section 121A(1)(a), `a serious child-related sexual'-- 25 omit, insert-- 26 `an offence that is a disqualifying'. 27 Page 32

 


 

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act 2000 [s 33] Clause 33 Amendment of s 121B (Police commissioner not to 1 delegate power under s 121A) 2 Section 121B, after `121A'-- 3 insert-- 4 `other than to a police officer of at least the rank of 5 superintendent'. 6 Clause 34 Amendment of s 122 (Commissioner may obtain 7 information from police commissioner) 8 (1) Section 122(1)-- 9 insert-- 10 `(d) the commissioner has received an eligibility application 11 about the person and-- 12 (i) the commissioner has not given the person written 13 notice under section 120E(2) or 120H(6); or 14 (ii) the application has not been withdrawn under 15 section 120J; or 16 (e) the commissioner has issued an eligibility declaration to 17 the relevant person and the eligibility declaration has not 18 expired; or 19 (f) the commissioner has issued a negative notice to the 20 relevant person and-- 21 (i) the relevant person has made an application under 22 section 121 that has not been decided; or 23 (ii) an appeal to a court has been made in relation to an 24 application under section 121 and the appeal has 25 not been decided.'. 26 (2) Section 122-- 27 insert-- 28 `(2B) The police commissioner must give the commissioner the 29 following information about a person who is or has been a 30 relevant disqualified person-- 31 Page 33

 


 

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act 2000 [s 35] (a) that the person is or has been a relevant disqualified 1 person; 2 (b) if the person is or has been subject to a disqualification 3 order--the duration and details of the disqualification 4 order; 5 (c) if the person is or has been subject to an offender 6 prohibition order-- 7 (i) a brief description of the conduct that gave rise to 8 the order; and 9 (ii) the duration and details of the order, including 10 whether it is or was a temporary offender 11 prohibition order or a final offender prohibition 12 order. 13 `(2C) The police commissioner must give the commissioner the 14 following information about a person who is or has been the 15 subject of an application for a disqualification order or named 16 as the respondent for an application for an offender 17 prohibition order and the order was not made-- 18 (a) that the person is or has been the subject of an 19 application for a disqualification order or named as the 20 respondent for an application for an offender prohibition 21 order and the order was not made; 22 (b) the reasons why the application was made; 23 (c) the reasons why the order was not made.'. 24 Clause 35 Amendment of s 122A (Notice of change in police 25 information about a person) 26 (1) Section 122A(1)-- 27 omit, insert-- 28 `(1) This section applies if, for a person in relation to whom any of 29 the following happens, the police commissioner reasonably 30 suspects the person is a person mentioned in section 122(1)(a) 31 to (f)-- 32 Page 34

 


 

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act 2000 [s 36] (a) the person's criminal history changes; 1 (b) the police commissioner decides, under section 121A, 2 that information about the person is investigative 3 information (regardless of when the act or omission 4 relevant to the investigative information happened or is 5 alleged to have happened); 6 (c) the person becomes, or is no longer, a relevant 7 disqualified person; 8 (d) the person is named as the respondent for an application 9 for an offender prohibition order.'. 10 (2) Section 122A-- 11 insert-- 12 `(1B) If an event mentioned in subsection (1)(c) or (d) happens in 13 relation to the person, the police commissioner must notify 14 the commissioner of the happening of the event.'. 15 (3) Section 122A(2)(c)-- 16 omit, insert-- 17 `(c) the information mentioned in section 122(2B) and (3).'. 18 (4) Section 122A-- 19 insert-- 20 `(3A) However, the duty imposed on the police commissioner to 21 provide information to the commissioner under this section 22 applies only to information in the police commissioner's 23 possession or to which the police commissioner has access.'. 24 Clause 36 Replacement of s 122B (Commissioner to give notice to 25 employer about making employment-screening decision 26 about employee) 27 Section 122B-- 28 omit, insert-- 29 Page 35

 


 

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act 2000 [s 36] `122B Commissioner to give notice to particular entities 1 about a change in police information about a 2 relevant person 3 `(1) This section applies if the commissioner becomes aware that 4 police information about a relevant person has changed. 5 `(2) However, this section does not apply if the change is that-- 6 (a) the relevant person has been charged with or convicted 7 of a disqualifying offence; or 8 (b) the relevant person has become a relevant disqualified 9 person; or 10 (c) both of the following have happened-- 11 (i) the relevant person has been named as the 12 respondent in an application for an offender 13 prohibition order and the proceeding for the 14 offender prohibition order has not ended; 15 (ii) an application for a prescribed notice about the 16 relevant person has been made under section 100 17 or 101 and has not been decided. 18 `(3) If the commissioner considers the change in police 19 information may be relevant to child-related employment, the 20 commissioner must give written notice to each entity 21 mentioned in section 123A(2)(a) to (e) stating the following-- 22 (a) the relevant person's name and identifying details; 23 (b) that the commissioner has received police information 24 about the relevant person that the commissioner 25 considers relevant to child-related employment; 26 (c) that the commissioner is making a decision under 27 section 102 about the relevant person; 28 (d) a reminder of the risk management requirements under 29 section 99G; 30 (e) an employer may not dismiss the relevant person solely 31 or mainly because the employer is given a notice under 32 this subsection; 33 Page 36

 


 

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act 2000 [s 36] (f) if the change in police information is a change in 1 criminal history, whether it is a charge or conviction and 2 whether or not it is a serious offence; 3 (g) if the change in police information is a conviction for a 4 serious offence, that it is an offence for-- 5 (i) the relevant person to perform work that is 6 regulated employment or carry on a regulated 7 business; and 8 (ii) an employer to allow the relevant person to 9 perform work that is regulated employment. 10 `(4) If the relevant person is the director of a school's governing 11 body, the commissioner must give written notice as mentioned 12 in subsection (3) to the accreditation board. 13 `(5) An employer may not dismiss the relevant person solely or 14 mainly because the employer is given a notice under 15 subsection (3) or (4). 16 `(6) In this section-- 17 accreditation board means the Non-State Schools 18 Accreditation Board established under the Education 19 (Accreditation of Non-State Schools) Act 2001, section 105. 20 director, of a school's governing body, see the Education 21 (Accreditation of Non-State Schools) Act 2001, schedule 3. 22 relevant person means-- 23 (a) the holder of a positive notice, other than a positive 24 notice that is suspended under section 119C(1A); or 25 (b) a person about whom an application for a prescribed 26 notice made under section 100 or 101 has not been 27 decided or withdrawn.'. 28 Page 37

 


 

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act 2000 [s 37] Clause 37 Amendment of s 123 (Withdrawal of employee's consent 1 to employment screening) 2 (1) Section 123(3)(a)(i)-- 3 omit, insert-- 4 `(i) asking the employee to provide, within a 5 reasonable stated time, either or both of the 6 following-- 7 (A) stated information that the commissioner 8 reasonably needs to establish the employee's 9 identity; 10 (B) stated information, including by way of a 11 submission, about a stated matter that the 12 commissioner reasonably believes is relevant 13 to the application; and'. 14 (2) Section 123(3B)(a)-- 15 omit, insert-- 16 `(a) the employee gives the commissioner, or the 17 commissioner gives the employee, written notice that 18 the employee-- 19 (i) is charged with a disqualifying offence; or 20 (ii) is named as the respondent in an application for an 21 offender prohibition order and the proceeding for 22 the offender prohibition order has not ended; or 23 (iii) is subject to a temporary offender prohibition order 24 made after the date of the application for the 25 prescribed notice; and'. 26 Clause 38 Amendment of s 123A (Notice about withdrawal of 27 application or negative notice) 28 Section 123A(3)(b), `119A--the section'-- 29 omit, insert-- 30 `(b)--the provision'. 31 Page 38

 


 

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act 2000 [s 39] Clause 39 Amendment of s 124 (Compliance with requirement to 1 end, or not start, a person's regulated employment) 2 Section 124(4), from `regulated employment'-- 3 omit, insert-- 4 `regulated employment.'. 5 Clause 40 Amendment of s 126A (Commissioner must give police 6 commissioner a person's current address) 7 (1) Section 126A(1)(b)-- 8 omit, insert-- 9 `(b) either of the following applies-- 10 (i) the police commissioner is, under this part, 11 required to give a notice to the person; 12 (ii) the commissioner reasonably believes the giving of 13 the information will help the police commissioner 14 to verify the person's identity for giving police 15 information to the commissioner under this part.'. 16 (2) Section 126A(2), from `except'-- 17 omit, insert-- 18 `other than a purpose mentioned in subsection (1)(b).'. 19 Clause 41 Insertion of new s 126AA 20 After section 126A-- 21 insert-- 22 `126AA Giving other information to police commissioner 23 `(1) The commissioner may give the police commissioner 24 confidential information about a person if the commissioner 25 reasonably believes the giving of the information is necessary 26 for the effective administration of any of the following-- 27 (a) this part; 28 Page 39

 


 

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act 2000 [s 42] (b) the Child Protection (Offender Prohibition Order) Act 1 2008; 2 (c) the Child Protection (Offender Reporting) Act 2004; 3 (d) the Police Powers and Responsibilities Act 2000, section 4 789A. 5 `(2) Section 122(9) to (11) applies to the giving of the information 6 under this section. 7 `(3) This section does not limit section 126A or 153.'. 8 Clause 42 Amendment of s 126B (Commissioner may give 9 information to accreditation board about director of 10 school's governing body) 11 Section 126B-- 12 insert-- 13 `(2A) Also, if an application is made for a prescribed notice for a 14 director whom the commissioner decides under section 15 120E(2) is a disqualified person, the commissioner must 16 notify the accreditation board about the commissioner's 17 decision and that the application is invalid.'. 18 Clause 43 Replacement of ss 126C and 126D 19 Sections 126C and 126D-- 20 omit, insert-- 21 `126C Disqualification order 22 `(1) This section applies if a person is convicted of-- 23 (a) a disqualifying offence and the court that convicts the 24 person does not impose an imprisonment order for the 25 offence; or 26 (b) another serious offence committed in relation to, or 27 otherwise involving, a child. 28 Page 40

 


 

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act 2000 [s 43] `(2) The court may, on application by the prosecutor or on its own 1 initiative, make an order (a disqualification order) in relation 2 to the person stating either-- 3 (a) that the person may not hold a positive notice, or apply 4 for a prescribed notice, for a stated period; or 5 (b) that the person may never hold a positive notice or apply 6 for a prescribed notice. 7 `(3) However, the court may make the disqualification order only 8 if the court considers it would not be in the interests of 9 children for the commissioner to issue a positive notice to the 10 person. 11 `(4) The person against whom the disqualification order is made 12 may appeal against the court's decision under subsection (2) 13 in the same way the person may appeal against the conviction. 14 `(5) In this section-- 15 Crown prosecutor includes-- 16 (a) the Attorney-General; and 17 (b) the director of public prosecutions; and 18 (c) another person, other than a police officer, appearing for 19 the State. 20 prosecutor means-- 21 (a) in the context of a proceeding before, or an application 22 to, a Magistrates Court or a Childrens Court-- 23 (i) a police officer; or 24 (ii) a service legal officer within the meaning of the 25 Police Service Administration Act 1990, section 26 10.24; or 27 (iii) a Crown prosecutor; or 28 (b) otherwise--a Crown prosecutor.'. 29 Page 41

 


 

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act 2000 [s 44] Clause 44 Amendment of s 146 (Indictable and summary offences) 1 Section 146(1)-- 2 omit, insert-- 3 `(1) An offence against section 108, 109, 111, 119C(3), 119E and 4 120E is an indictable offence.'. 5 Clause 45 Insertion of new pt 9, div 11 6 Part 9-- 7 insert-- 8 `Division 11 Transitional provisions for 9 Commission for Children and 10 Young People and Child Guardian 11 and Another Act Amendment Act 12 2008 13 `217 Definition for div 11 14 `In this division-- 15 commencement means the commencement of this section. 16 `218 Applications by disqualified persons who are not 17 relevant disqualified persons 18 `(1) This section applies in relation to a person who is a 19 disqualified person but who is not a relevant disqualified 20 person. 21 `(2) If-- 22 (a) an application for a prescribed notice about the person 23 was made before the commencement; and 24 (b) the application had not been decided before the 25 commencement; and 26 Page 42

 


 

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act 2000 [s 45] (c) at the time of the application, the person did not hold a 1 positive notice, including a positive notice that is 2 suspended under section 119C; 3 the application is taken to have been withdrawn. 4 `(3) If-- 5 (a) an application for a prescribed notice about the person 6 was made before the commencement; and 7 (b) the application had not been decided before the 8 commencement; and 9 (c) at the time of the application, the person held a positive 10 notice that was not suspended under section 119C; 11 the person is taken to have been issued with an eligibility 12 declaration and the commissioner must decide the application 13 under this Act. 14 `(4) For deciding the application mentioned in subsection (3), 15 section 102(3)(e) does not apply. 16 `(5) If, before the commencement-- 17 (a) the person made an application for cancellation of a 18 negative notice or for cancellation of a suspension of a 19 positive notice; and 20 (b) the application had not been decided; 21 the commissioner must decide the application under this Act. 22 `219 Applications by relevant disqualified persons 23 `(1) This section applies in relation to a person who is a relevant 24 disqualified person. 25 `(2) If-- 26 (a) an application for a prescribed notice about the person 27 was made before the commencement; and 28 (b) the application had not been decided before the 29 commencement; and 30 Page 43

 


 

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act 2000 [s 45] (c) at the time of the application, the person did not hold a 1 positive notice, including a positive notice that is 2 suspended under section 119C; 3 the application is taken to have been withdrawn. 4 `(3) If-- 5 (a) an application for a prescribed notice about the person 6 was made before the commencement; and 7 (b) the application had not been decided before the 8 commencement; and 9 (c) at the time of the application, the person held a positive 10 notice including a positive notice that is suspended 11 under section 119C; 12 the application is taken to have been withdrawn and the 13 positive notice is taken to have been cancelled. 14 `(4) If the person, before the commencement, made an application 15 for-- 16 (a) cancellation of a negative notice--the application is 17 taken to have been refused; or 18 (b) cancellation of a suspension of a positive notice--the 19 application is taken to have been withdrawn and the 20 positive notice is taken to have been cancelled. 21 `220 Applications by persons who are not disqualified 22 persons 23 `(1) This section applies in relation to a person-- 24 (a) who is not a disqualified person; and 25 (b) for whom an application for a prescribed notice, for 26 cancellation of a negative notice or for cancellation of a 27 suspension of a positive notice, was made before the 28 commencement. 29 Editor's note-- 30 An application may have been made under section 100, 101, 118, 119 or 31 119D. 32 Page 44

 


 

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act 2000 [s 45] `(2) This Act applies to the application and, if the application 1 complied with this Act before the commencement, the 2 application is not invalid only because it does not comply with 3 this Act on the commencement. 4 `221 Existing applications for review or appeal 5 `(1) This section applies to a person who, before the 6 commencement, made-- 7 (a) an application for a review under section 121; or 8 (b) in relation to a decision of the Children Services 9 Tribunal--an appeal to a court. 10 `(2) If the application or appeal has not been decided before the 11 commencement, the tribunal or court must-- 12 (a) if the person is a disqualified person--on its own 13 initiative or on application by the commissioner, dismiss 14 the application or appeal; or 15 (b) otherwise--apply this Act in relation to the matter of the 16 application or appeal. 17 `222 Positive notices held by disqualified persons who are 18 not relevant disqualified persons 19 `(1) This section applies in relation to a person who is a 20 disqualified person but who is not-- 21 (a) a relevant disqualified person; or 22 (b) a person in relation to whom the commissioner started, 23 before the commencement, to exercise a power under 24 section 119; or 25 (c) a person who is taken to have been issued with an 26 eligibility declaration under section 218(3). 27 `(2) If, on the commencement, the person is the holder of a 28 positive notice-- 29 Page 45

 


 

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act 2000 [s 45] (a) that is not suspended under section 119C, the person is 1 taken to have been issued with an eligibility declaration; 2 or 3 (b) that is suspended under section 119C, this Act applies to 4 the positive notice. 5 Note-- 6 See section 119D(2). 7 `(3) If-- 8 (a) after the commencement, the commissioner is to make a 9 decision about an application under section 100 or 101 10 for a prescribed notice about a person mentioned in 11 subsection (2)(a); and 12 (b) it is the first time after the commencement that the 13 commissioner is to make a decision under section 102 14 about the person; 15 section 102(3)(e) does not apply to the commissioner for 16 deciding the application. 17 `223 Positive notices held by relevant disqualified persons 18 `(1) This section applies if, on the commencement, a person-- 19 (a) is a relevant disqualified person; and 20 (b) is the holder of a positive notice, whether or not the 21 positive notice is suspended under section 119C; and 22 (c) is not a person mentioned in section 219(3). 23 `(2) The positive notice is cancelled. 24 `224 Continuation if commissioner acting on own initiative 25 `If, before the commencement, the commissioner had started 26 on the commissioner's own initiative to exercise a power in 27 relation to a person or a prescribed notice and the 28 commissioner may, on the commencement, exercise the 29 power under this Act, the commissioner may continue to 30 Page 46

 


 

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act 2000 [s 45] exercise the power under this Act in relation to the person or 1 prescribed notice. 2 `225 Notice by commissioner of withdrawal of application 3 under this division 4 `(1) This section applies if an application for a prescribed notice 5 about a person, for cancellation of a person's negative notice 6 or for cancellation of a suspension of a person's positive 7 notice is taken to have been withdrawn under section 218 or 8 219. 9 `(2) The commissioner must give written notice to the person 10 about the withdrawal of the application and must otherwise 11 give notice as mentioned in section 123A(2). 12 `(3) A notice under subsection (2) is taken to be a notice about a 13 withdrawal as mentioned in section 123(3B). 14 `226 Notice by commissioner of cancellation of positive 15 notice under this division 16 `(1) This section applies if a person's positive notice is taken to 17 have been cancelled under section 219 or 223. 18 `(2) The commissioner must give written notice to the person 19 about the cancellation and must otherwise give notice as 20 mentioned in section 123A(2) as if a negative notice had been 21 issued to the person. 22 `(3) A written notice mentioned in subsection (2) is taken, for 23 sections 107 and 108, to be a notice that a negative notice has 24 been issued. 25 Note-- 26 A person whose positive notice is cancelled must comply with section 27 117. 28 `227 Application of ss 120B, 120C, 120D and 126C 29 `For section 120B, 120C(1)(a), 120D and 126C, it is 30 immaterial as to when the offence mentioned in the provision 31 Page 47

 


 

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act 2000 [s 45] was committed or when the person to whom the provision 1 applies was convicted. 2 Example-- 3 An offence may have been committed, and the person convicted of the 4 offence, before the commencement. 5 `228 Application of s 120E 6 `(1) This section applies in relation to a person who-- 7 (a) is a disqualified person; and 8 (b) at the commencement, is employed in regulated 9 employment; and 10 (c) is not a person in relation to whom section 218 or 219 11 applies. 12 `(2) To remove any doubt, it is declared that, on the 13 commencement, section 120E(1)(c) applies to the person even 14 if it is not an offence for a person to employ the disqualified 15 person in regulated employment. 16 `229 No retrospective criminal liability 17 `(1) A provision of this Act as amended by the amending part is 18 not effective to impose criminal liability on a person 19 retrospectively. 20 `(2) In this section-- 21 amending part means the Commission for Children and 22 Young People and Child Guardian and Another Act 23 Amendment Act 2008, part 2. 24 `230 Transitional regulation-making power 25 `(1) A regulation (a transitional regulation) may make provision 26 about a matter for which-- 27 (a) it is necessary to make provision to allow or facilitate 28 the doing of anything to achieve the transition from the 29 Page 48

 


 

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act 2000 [s 46] operation of this Act as in force immediately before the 1 commencement to the operation of this Act after the 2 commencement; and 3 (b) this Act does not make provision or sufficient provision. 4 `(2) A transitional regulation may have retrospective operation to a 5 day not earlier than the day this section commences. 6 `(3) A transitional regulation must declare it is a transitional 7 regulation. 8 `(4) This section and any transitional regulation expires 12 months 9 after the day this section commences.'. 10 Clause 46 Amendment of sch 2 (Current serious offences) 11 Schedule 2, item 4, entry for Criminal Code, section 419, 12 column 3, `section 419(3)(b)(i) and (ii)'-- 13 omit, insert-- 14 `section 419(3)(b)(i) or (ii)'. 15 Clause 47 Replacement of schs 2B and 2C 16 Schedules 2B and 2C-- 17 omit, insert-- 18 Page 49

 


 

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act 2000 [s 47] `Schedule 2B Current disqualifying offences 1 section 120B(1) 2 1 Classification of Computer Games and Images Act 1995 Provision Relevant Qualification relating to the provision of of Act heading the Act 23 Demonstration of an objectionable computer game before a minor 26(3) Possession of objectionable computer game 27(3) and Making (4) objectionable computer game 28 Obtaining minor for objectionable computer game 2 Classification of Films Act 1991 Provision Relevant heading Qualification relating to the provision of of Act the Act 41(3) Possession of objectionable film 42(3) and Making (4) objectionable film 43 Procurement of minor for objectionable film Page 50

 


 

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act 2000 [s 47] 3 Classification of Publications Act 1991 Provision Relevant Qualification relating to the provision of of Act heading the Act 12 Sale etc. of only if an offender was or could have prohibited been liable as mentioned in section 12, publication or child penalty, paragraph (c) abuse photograph 13 Possession of only if an offender was or could have prohibited been liable as mentioned in section 13, publication penalty, paragraph (c) 14 Possession of child abuse publication or child abuse photograph 15 Exhibition or display of prohibited publication or child abuse photograph 16 Leaving prohibited only if an offender was or could have publication or child been liable as mentioned in section 16, abuse photograph penalty, paragraph (c) in or on public place 17 Producing only if an offender was or could have prohibited been liable as mentioned in section 17(1), publication penalty, paragraph (c), or 17(2), penalty, paragraph (c) or the offence is an offence under section 17(3) or (4) Page 51

 


 

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act 2000 [s 47] 18 Procurement of minor for RC publication or child abuse photograph 20 Leaving prohibited only if an offender was or could have publication or child been liable as mentioned in section 20, abuse photograph penalty, paragraph (c) in or on private premises 4 Criminal Code Provision Relevant heading Qualification relating to the provision of of Act the Act 208 Unlawful sodomy if the offence was committed against a child 209 Attempted sodomy if the offence was committed against a child 210 Indecent treatment of children under 16 213 Owner etc. permitting abuse of children on premises 215 Carnal knowledge with or of children under 16 216 Abuse of if the offence was committed against a intellectually child impaired persons Page 52

 


 

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act 2000 [s 47] 217 Procuring young if the offence was committed against a person etc. for child carnal knowledge 218 Procuring sexual if the offence was committed against a acts by coercion child etc. 218A Using internet etc to procure children under 16 219 Taking child for immoral purposes 221 Conspiracy to if the offence was committed against a defile child 222 Incest if the offence was committed against a child 228 Obscene only if an offender was or could have publications and been liable as mentioned in section exhibitions 228(2) or (3) 228A Involving child in making child exploitation material 228B Making child exploitation material 228C Distributing child exploitation material 228D Possessing child exploitation material Page 53

 


 

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act 2000 [s 47] 229B Maintaining a sexual relationship with a child 229G Procuring only if an offender was or could have prostitution been liable as mentioned in section 229G(2) 229H Knowingly only if an offender was or could have participating in been liable as mentioned in section provision of 229H(2) prostitution 229I Persons found in only if an offender was or could have places reasonably been liable as mentioned in section suspected of being 229I(2) used for prostitution etc. 229L Permitting young person etc. to be at place used for prostitution 300 Unlawful homicide only if the unlawful killing is murder under section 302 349 Rape if the offence was committed against a child 350 Attempt to commit if the offence was committed against a rape child 351 Assault with intent if the offence was committed against a to commit rate child 352 Sexual assaults if the offence was committed against a child Page 54

 


 

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act 2000 [s 47] 5 Crimes Act 1914 (Cwlth) Provision Relevant Qualification relating to the provision of of Act heading the Act 50BA Sexual intercourse with child under 16 50BB Inducing child under 16 to engage in sexual intercourse 50BC Sexual conduct involving child under 16 50BD Inducing child under 16 to be involved in sexual conduct 50DA Benefiting from offence against this Part 50DB Encouraging offence against this Part 6 Criminal Code (Cwlth) Provision Relevant heading Qualification relating to the provision of of Act the Act 270.6 Sexual servitude only if an offender was or could have offences been liable as mentioned in section 270.8 270.7 Deceptive only if an offender was or could have recruiting for been liable as mentioned in section 270.8 sexual services Page 55

 


 

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act 2000 [s 47] 474.19 Using a carriage service for child pornography material 474.20 Possessing, controlling, producing, supplying or obtaining child pornography material for use through a carriage service 474.22 Using a carriage service for child abuse material 474.23 Possessing, controlling, producing, supplying or obtaining child abuse material for use through a carriage service 474.26 Using a carriage service to procure persons under 16 years of age 474.27 Using a carriage service to "groom" persons under 16 years of age Page 56

 


 

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act 2000 [s 47] 7 Customs Act 1901 (Cwlth) Provision Relevant heading Qualification relating to the provision of of Act the Act 233BAB Special offences if the offence involved child pornography relating to tier 2 or child abuse material goods `Schedule 2C Repealed or expired 1 disqualifying offences 2 section 120B(1) 3 Criminal Code Provision Relevant Qualification relating to the provision of of Act heading the Act 212 Defilement of Girls as the provision was in force from time to under Twelve time before its repeal by the Criminal Code, Evidence Act and Other Acts Amendment Act 1989 214 Attempt to Abuse as the provision was in force from time to Girls under Ten time before its repeal by the Criminal Code, Evidence Act and Other Acts Amendment Act 1989 220 Unlawful as the provision was in force from time to Detention with time before its repeal by the Criminal Intent to Defile or Code, Evidence Act and Other Acts in a Brothel Amendment Act 1989 only if, at the time of the offence, the person in relation to whom the offence was committed was a child Page 57

 


 

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act 2000 [s 48] 223 Incest by adult as the provision was in force from time to female time before its repeal by the Criminal Law Amendment Act 1997 only if, at the time of the offence, the person in relation to whom the offence was committed was a child 344 Aggravated as the provision was in force from 20 assaults December 1946 to 30 June 1997 if-- (a) the circumstance of aggravation was that the unlawful assault was an offence of a sexual nature as defined in the Criminal Law Amendment Act 1945, section 2A; and (b) at the time of the offence, the person in relation to whom the offence was committed was a child'. Clause 48 Amendment of sch 4 (Dictionary) 1 (1) Schedule 4, definitions disqualification order, excluding 2 offence, imprisonment order and serious child-related sexual 3 offence-- 4 omit. 5 (2) Schedule 4-- 6 insert-- 7 `CPOPOA disqualification order means a disqualification 8 order made under the Child Protection (Offender Prohibition 9 Order) Act 2008, section 24A. 10 disqualification order means-- 11 (a) an order under section 126C; or 12 (b) a CPOPOA disqualification order. 13 Page 58

 


 

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act 2000 [s 48] disqualified person see section 120C. 1 disqualifying offence see section 120B. 2 eligibility application see section 120F(2). 3 eligibility declaration see section 120F(1). 4 final offender prohibition order means a final order under the 5 Offender Prohibition Order Act. 6 imprisonment order-- 7 (a) means either of the following orders-- 8 (i) an order of a court that convicts a person for an 9 offence, if the order includes a penalty that 10 includes imprisonment for the offence, whether 11 wholly or partially suspended; 12 (ii) an intensive correction order under the Penalties 13 and Sentences Act 1992 or an order of another 14 jurisdiction that substantially corresponds to an 15 intensive correction order; but 16 (b) does not include an order of imprisonment that is 17 imposed as a consequence of a breach of a community 18 service order or probation order within the meaning of 19 the Penalties and Sentences Act 1992. 20 offender prohibition order means an offender prohibition 21 order under the Offender Prohibition Order Act. 22 Offender Prohibition Order Act means the Child Protection 23 (Offender Prohibition Order) Act 2008. 24 Offender Reporting Act means the Child Protection 25 (Offender Reporting) Act 2004. 26 prescribed person means a justice, commissioner for 27 declarations, lawyer or police officer. 28 relevant disqualified person see section 120D. 29 temporary offender prohibition order means a temporary 30 order under the Offender Prohibition Order Act.'. 31 Page 59

 


 

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 Part 3 Amendment of Police Powers and Responsibilities Act 2000 [s 49] (3) Schedule 4, definition commencement-- 1 insert-- 2 `(c) for part 9, division 11--see section 217.'. 3 (4) Schedule 4, definition police information-- 4 insert-- 5 `(c) information as to whether the person is or has been-- 6 (i) a relevant disqualified person; or 7 (ii) the subject of an application for a disqualification 8 order; or 9 (iii) named as the respondent to an application for an 10 offender prohibition order.'. 11 Part 3 Amendment of Police Powers 12 and Responsibilities Act 2000 13 Clause 49 Act amended in pt 3 14 This part amends the Police Powers and Responsibilities Act 15 2000. 16 Clause 50 Insertion of new ch 23, pt 1A 17 Chapter 23, before part 1-- 18 insert-- 19 Page 60

 


 

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 Part 3 Amendment of Police Powers and Responsibilities Act 2000 [s 50] `Part 1A Provision for Commission for 1 Children and Young People and 2 Child Guardian Act 2000 3 `789A Power to demand production of CCYPCG document 4 `(1) This section applies if a police officer knows or reasonably 5 suspects-- 6 (a) a person is the holder of a CCYPCG document; and 7 (b) any of the following apply to the person-- 8 (i) the person has been charged with a disqualifying 9 offence; 10 (ii) the person is a relevant disqualified person. 11 `(2) The police officer may require the person to immediately give 12 the CCYPCG document to the police officer. 13 `(3) The person must comply with the requirement under 14 subsection (2), unless the person has a reasonable excuse. 15 Maximum penalty--100 penalty units. 16 `(4) A police officer who is given a person's CCYPCG document 17 under subsection (2) must give the person a receipt for the 18 document. 19 `(5) A police officer must give the CCYPCG document to the 20 children's commissioner. 21 `(6) A police officer may retain the CCYPCG document until it is 22 given to the children's commissioner under subsection (5). 23 `(7) For exercising a power under subsection (2), the police officer 24 is taken to be investigating a matter as mentioned in section 25 19. 26 `(8) In this section-- 27 CCYPCG Act means the Commission for Children and Young 28 People and Child Guardian Act 2000. 29 CCYPCG document means-- 30 Page 61

 


 

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 Part 4 Consequential amendments of other Acts [s 51] (a) a positive notice within the meaning of the CCYPCG 1 Act; or 2 (b) a positive notice blue card within the meaning of the 3 CCYPCG Act. 4 children's commissioner means the Commissioner for 5 Children and Young People and Child Guardian. 6 disqualifying offence see the CCYPCG Act, schedule 4. 7 relevant disqualified person means a relevant disqualified 8 person within the meaning of the CCYPCG Act. 9 Part 4 Consequential amendments of 10 other Acts 11 Clause 51 Acts amended in schedule 12 The schedule amends the Acts it mentions. 13 Page 62

 


 

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 Schedule Schedule Consequential amendments of 1 other Acts 2 section 51 3 Child Protection Act 1999 4 1 Sections 141H(1)(b) and (e)(i) and 141I(1)(b), `an 5 excluding'-- 6 omit, insert-- 7 `a disqualifying'. 8 2 Schedule 3, definition excluding offence-- 9 omit, insert-- 10 `disqualifying offence means a disqualifying offence under the 11 Commissioner's Act.'. 12 Transport Operations (Road Use Management) Act 13 1995 14 1 Section 122, definition disqualifying offence, paragraph 15 (a), `serious child-related sexual'-- 16 omit, insert-- 17 `disqualifying'. 18 State of Queensland 2008 Page 63

 


 

AMENDMENTS TO BILL

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 Amendments agreed to during Consideration 1 Clause 4 (Amendment of s 99C (What is a serious offence)) At page 7, line 3, `a foreign'-- omit, insert-- `another'. 2 Clause 29 (Insertion of new pt 6, div 4A) At page 23, line 16, `a foreign'-- omit, insert-- `another'. 3 Clause 29 (Insertion of new pt 6, div 4A) At page 26, line 19, `to is'-- omit, insert-- `is to'. 4 Clause 34 (Amendment of s 122 (Commissioner may obtain information from police commissioner)) At page 34, line 24 `made.'.'-- omit, insert-- `made; (d) if the application was for an offender prohibition order and the magistrate or court hearing the application decided not to make a CPOPOA disqualification order Page 1

 


 

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 for the person--the reasons why the CPOPOA disqualification order was not made.'.'. 5 Clause 45 (Insertion of new pt 9, div 11) At page 44, lines 15 to 21-- omit, insert-- ``(4) If, before the commencement-- (a) the person made an application for cancellation of a negative notice; and (b) the application had not been decided; the application is taken to have been refused. `(5) If, before the commencement-- (a) the person made an application for cancellation of a suspension of a positive notice; and (b) the application had not been decided; the application is taken to have been withdrawn and the positive notice is taken to have been cancelled.'. 6 Clause 45 (Insertion of new pt 9, div 11) At page 47, line 29, `, 120D and 126C'-- omit, insert-- `and 120D'. 7 Clause 45 (Insertion of new pt 9, div 11) At page 47, line 30, `, 120D and 126C'-- omit, insert-- `and 120D'. 8 Clause 45 (Insertion of new pt 9, div 11) At page 48, line 11, `or 219'-- Page 2

 


 

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 omit, insert-- `, 219 or 222'. 9 Clause 46 (Amendment of sch 2 (Current serious offences)) At page 49, line 12, `Schedule'-- omit, insert-- `(1) Schedule'. 10 Clause 46 (Amendment of sch 2 (Current serious offences)) At page 49, after line 15-- insert-- `(2) Schedule 2-- insert-- `6 Crimes Act 1914 (Cwlth) Provision Relevant Qualification relating to the provision of of Act heading the Act 50BA Sexual intercourse with child under 16 50BB Inducing child under 16 to engage in sexual intercourse 50BC Sexual conduct involving child under 16 50BD Inducing child under 16 to be involved in sexual conduct Page 3

 


 

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 50DA Benefiting from offence against this Part 50DB Encouraging offence against this Part 7 Criminal Code (Cwlth) Provision Relevant heading Qualification relating to the provision of of Act the Act 270.6 Sexual servitude only if an offender was or could have offences been liable as mentioned in section 270.8 270.7 Deceptive only if an offender was or could have recruiting for been liable as mentioned in section 270.8 sexual services 474.19 Using a carriage service for child pornography material 474.20 Possessing, controlling, producing, supplying or obtaining child pornography material for use through a carriage service 474.22 Using a carriage service for child abuse material Page 4

 


 

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 474.23 Possessing, controlling, producing, supplying or obtaining child abuse material for use through a carriage service 474.26 Using a carriage service to procure persons under 16 years of age 474.27 Using a carriage service to "groom" persons under 16 years of age'.'. 11 Clause 47 (Replacement of schs 2B and 2C) At page 54, entry for the Criminal Code, section 300, column 3, after `302'-- insert-- `and was committed against a child'. 12 Clause 47 (Replacement of schs 2B and 2C) At page 54, entry for the Criminal Code, section 351, column 2, `rate'-- omit, insert-- `rape'. 13 Schedule (Consequential amendments of other Acts) At page 63, after line 8-- insert-- Page 5

 


 

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 `1A Sections 141H(1)(c) and 141I(1)(c), `apply for a further prescribed notice'-- omit, insert-- `notify the children's commissioner of a change in police information within the meaning of that Act'.'. 14 Schedule (Consequential amendments of other Acts) At page 63, after line 12-- insert-- `Education (Queensland College of Teachers) Act 2005 `1 Section 48, heading, `excluding'-- omit, insert-- `disqualifying'. `2 Section 48(1), `an excluding'-- omit, insert-- `a disqualifying'. `3 Section 56, heading, `excluding'-- omit, insert-- `disqualifying'. `4 Section 56(1)(a), `an excluding'-- omit, insert-- `a disqualifying'. Page 6

 


 

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 `5 Section 56(4)(c)(ii), `the excluding'-- omit, insert-- `the disqualifying'. `6 Sections 57(1)(b)(i), 58(1)(a) and 92(1)(a)(i), `an excluding'-- omit, insert-- `a disqualifying'. `7 Section 92(2)(a), `the excluding'-- omit, insert-- `the disqualifying'. `8 Section 92(5), definition dealt with, `an excluding'-- omit, insert-- `a disqualifying'. `9 Insertion of new ch 12, pt 9 After section 329-- insert-- `Part 9 Transitional provisions for Commission for Children and Young People and Child Guardian and Another Act Amendment Act 2008 `330 Existing section 48 suspensions `(1) On the commencement, an existing section 48 suspension-- (a) continues in force according to its terms; and Page 7

 


 

Commission for Children and Young People and Child Guardian and Another Act Amendment Bill 2008 (b) is taken to have been made in relation to a charge for a disqualifying offence. `(2) In this section-- commencement means the commencement of this section. existing section 48 suspension means a suspension of a teacher's registration or permission to teach-- (a) made under section 48 as in force immediately before the commencement; and (b) for which the period of suspension had not ended before the commencement. `10 Schedule 3, definition excluding offence-- omit, insert-- `disqualifying offence see the Commission for Children and Young People and Child Guardian Act 2000, section 120B.'.'. State of Queensland 2008

 


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