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Queensland
Child Protection and Other
Acts Amendment Bill 2010
Queensland
Child Protection and Other Acts
Amendment Bill 2010
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Part 2 Amendment of Child Protection Act 1999
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
4 Omission of s 3A (Notes in text) . . . . . . . . . . . . . . . . . . . . . . . . . . 13
5 Amendment of ch 1, pt 2 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
6 Insertion of new ch 1, pt 2, div 1 hdg . . . . . . . . . . . . . . . . . . . . . . 13
7 Replacement of s 5 (Principles for administration of Act). . . . . . . 13
5 Application of principles . . . . . . . . . . . . . . . . . . . . . . . 13
5A Paramount principle . . . . . . . . . . . . . . . . . . . . . . . . . . 14
5B Other general principles . . . . . . . . . . . . . . . . . . . . . . . 14
5C Additional principles for Aboriginal or Torres Strait
Islander children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
5D Principles about exercising powers and making
decisions .............................. 16
5E Obtaining child's views . . . . . . . . . . . . . . . . . . . . . . . . 17
8 Amendment of s 6 (Provisions about Aboriginal and Torres
Strait Islander children) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
9 Insertion of new ch 1, pt 2, div 2 hdg . . . . . . . . . . . . . . . . . . . . . . 17
10 Amendment of s 9 (What is harm) . . . . . . . . . . . . . . . . . . . . . . . . 18
11 Amendment of s 11 (Who is a parent) . . . . . . . . . . . . . . . . . . . . . 18
12 Amendment of s 13 (What is effect of guardianship) . . . . . . . . . . 18
13 Amendment of s 14 (Chief executive may investigate alleged
harm ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
14 Replacement of s 15 (Child's parents to be told about allegation
of harm and outcome of investigation) . . . . . . . . . . . . . . . . . . . . . 19
Child Protection and Other Acts Amendment Bill 2010
Contents
15 Child's parents and long-term guardians to be told
about allegation of harm and outcome of
investigation .......................... 19
15 Amendment of s 17 (Contact with children in school, child care
centre, family day care etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
16 Amendment of s 18 (Child at immediate risk may be taken into
custody) ......................................... 21
17 Replacement of s 20 (Officer's obligations on taking child into
custody) ......................................... 21
20 Officer's obligations on taking child into custody . . . . 22
18 Amendment of s 21A (Unborn children) . . . . . . . . . . . . . . . . . . . . 23
19 Amendment of s 23 (Meaning of parent in pt 2) . . . . . . . . . . . . . . 23
20 Amendment of s 25 (Making of application for order). . . . . . . . . . 24
21 Amendment of s 27 (Making of temporary assessment order) . . 24
22 Amendment of s 29 (Duration of temporary assessment orders). 25
23 Replacement of s 30 (Special orders) . . . . . . . . . . . . . . . . . . . . . 25
30 Application by particular forms of communication
and duplicate order. . . . . . . . . . . . . . . . . . . . . . . . . . . 25
24 Amendment of s 31 (Order--procedure before entry) . . . . . . . . . 27
25 Amendment of s 32 (Explanation of temporary assessment
orders) ....................................... 27
26 Amendment of s 34 (Extension of temporary assessment
orders) ...................................... 28
27 Amendment of s 37 (Meaning of parent in pt 3) . . . . . . . . . . . . . . 28
28 Amendment of s 38 (Purpose of pt 3) . . . . . . . . . . . . . . . . . . . . . 28
29 Amendment of s 41 (Notice of application) . . . . . . . . . . . . . . . . . 29
30 Amendment of s 45 (Provisions of court assessment order) . . . . 29
31 Insertion of new ch 2, pt 3AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Part 3AA Temporary custody orders
Division 1 Preliminary
51AA Meaning of parent in pt 3AA. . . . . . . . . . . . . . . . . . . . 30
51AB Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Division 2 Applications for, and making and effect of,
temporary custody orders
51AC Making of application for order . . . . . . . . . . . . . . . . . . 31
51AD Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . 32
51AE Making of temporary custody order . . . . . . . . . . . . . . 32
51AF Provisions of temporary custody order. . . . . . . . . . . . 32
51AG Duration of temporary custody orders . . . . . . . . . . . . 33
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Child Protection and Other Acts Amendment Bill 2010
Contents
51AH Extension of temporary custody orders . . . . . . . . . . . 33
51AI Application by particular forms of communication
and duplicate order. . . . . . . . . . . . . . . . . . . . . . . . . . . 34
51AJ Order--procedure before entry . . . . . . . . . . . . . . . . . 36
Division 3 Other provisions about temporary custody
orders
51AK Explanation of temporary custody orders. . . . . . . . . . 37
51AL Variation of temporary custody orders . . . . . . . . . . . . 38
51AM Effect of temporary custody order on existing child
protection orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
32 Amendment of s 51D (How case planning must be carried out) . 38
33 Amendment of s 51F (Meaning of parent in pt 3A) . . . . . . . . . . . 38
34 Amendment of s 51Q (Dealing with a case plan developed at a
meeting) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
35 Amendment of s 51V (Plan must be reviewed) . . . . . . . . . . . . . . 39
36 Insertion of new s 51VA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
51VA Review of plan--long-term guardian . . . . . . . . . . . . . 39
37 Insertion of new ch 2, pt 3A, div 6 . . . . . . . . . . . . . . . . . . . . . . . . 40
Division 6 Particular evidence inadmissible in criminal
proceedings
51YA Evidence of anything said or done at family group
meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
51YB Evidence of anything recorded in a case plan . . . . . . 41
38 Amendment of s 51ZE (Entering an agreement) . . . . . . . . . . . . . 41
39 Amendment of s 51ZI (Ending an agreement) . . . . . . . . . . . . . . . 42
40 Amendment of s 52 (Meaning of parent in pt 4) . . . . . . . . . . . . . . 42
41 Amendment of s 59 (Making of child protection order). . . . . . . . . 42
42 Amendment of s 61 (Types of child protection orders) . . . . . . . . . 43
43 Amendment of s 65 (Variation and revocation of child protection
orders) ........................................... 43
44 Insertion of new ch 2, pt 4, div 4. . . . . . . . . . . . . . . . . . . . . . . . . . 44
Division 4 Transition orders
65A Court may make transition order . . . . . . . . . . . . . . . . 44
65B Grounds for making transition order . . . . . . . . . . . . . . 45
65C Effect of stay of decision about child protection order 46
65D Transition plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
45 Amendment of s 67 (Court's powers to make interim orders on
adjournment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
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Child Protection and Other Acts Amendment Bill 2010
Contents
46 Insertion of new s 67A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
67A Order--procedure before entry . . . . . . . . . . . . . . . . . 48
47 Insertion of new s 80A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
80A Obligations if child is no longer cared for by
long-term guardian . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
48 Amendment of s 95 (Report about person's criminal history etc.) 49
49 Amendment of s 97 (Carrying out medical examinations or
treatment) ....................................... 50
50 Amendment of s 99 (Custody or guardianship of child continues
pending decision on application for order) . . . . . . . . . . . . . . . . . . 50
51 Amendment of s 99D (Principles for tribunal in matters relating
to this Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
52 Amendment of s 99H (Constitution of tribunal) . . . . . . . . . . . . . . 51
53 Replacement of s 104 (Court's paramount consideration) . . . . . . 51
104 Court must have regard to particular principles and
state reasons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
54 Amendment of s 110 (Separate legal representation of child) . . . 51
55 Amendment of s 113 (Court may hear submissions from
non-parties to proceeding) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
56 Amendment of s 117 (Who may appeal) . . . . . . . . . . . . . . . . . . . 52
57 Amendment of s 120 (Hearing procedures) . . . . . . . . . . . . . . . . . 53
58 Amendment of s 122 (Statement of standards) . . . . . . . . . . . . . . 53
59 Amendment of s 126 (Restrictions on granting application) . . . . . 53
60 Insertion of new 129A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
129A Licensee's obligations . . . . . . . . . . . . . . . . . . . . . . . . 54
61 Amendment of s 130 (Nominees). . . . . . . . . . . . . . . . . . . . . . . . . 54
62 Amendment of s 136D (Issue of certificate) . . . . . . . . . . . . . . . . . 55
63 Amendment of s 140AB (Definitions for sdiv 3) . . . . . . . . . . . . . . 55
64 Amendment of s 140AC (Immediate suspension) . . . . . . . . . . . . 56
65 Amendment of s 140AF (End of suspension). . . . . . . . . . . . . . . . 56
66 Amendment of s 159 (Payments for care and maintenance) . . . . 56
67 Amendment of s 159A (Purpose) . . . . . . . . . . . . . . . . . . . . . . . . . 56
68 Amendment of s 159B (Principles for coordinating service
delivery and exchanging information). . . . . . . . . . . . . . . . . . . . . . 57
69 Insertion of new s 159BA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
159BA Who is a relevant child . . . . . . . . . . . . . . . . . . . . . . . . 57
70 Amendment of s 159C (What is relevant information) . . . . . . . . . 58
71 Amendment of s 159D (Other definitions for ch 5A). . . . . . . . . . . 59
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Child Protection and Other Acts Amendment Bill 2010
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72 Replacement of s 159F (Service providers' responsibilities) . . . . 59
159F Service providers' responsibilities . . . . . . . . . . . . . . . 59
73 Amendment of s 159G (Chief executive's responsibilities). . . . . . 60
74 Amendment of s 159M (Particular prescribed entities giving and
receiving relevant information) . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
75 Amendment of s 159O (Release of information by a health
services designated person) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
76 Amendment of 159R (Interaction with other laws) . . . . . . . . . . . . 60
77 Amendment of s 171 (Application for warrant for apprehension
of child) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
78 Replacement of s 173 (Special warrants). . . . . . . . . . . . . . . . . . . 61
173 Application by particular forms of communication
and duplicate warrant . . . . . . . . . . . . . . . . . . . . . . . . . 61
79 Amendment of s 174 (Warrants--procedure before entry) . . . . . 63
80 Amendment of s 186 (Confidentiality of notifiers of harm or risk
of harm) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
81 Amendment of s 187 (Confidentiality of information obtained by
persons involved in administration of Act) . . . . . . . . . . . . . . . . . . 63
82 Amendment of s 188 (Confidentiality of information given by
persons involved in administration of Act to other persons) . . . . . 64
83 Amendment of s 189A (Making information available for
Youth Justice Act 1992) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
84 Insertion of new s 189B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
189B Research . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
85 Amendment of s 195 (Compliance with provisions about
explaining and giving documents) . . . . . . . . . . . . . . . . . . . . . . . . 66
86 Amendment of s 199 (Further guiding principle) . . . . . . . . . . . . . 66
87 Amendment of s 205 (Meaning of parent for ch 7) . . . . . . . . . . . . 66
88 Amendment of s 210 (Notice of decision) . . . . . . . . . . . . . . . . . . 66
89 Amendment of s 246A (Chief executive to review department's
involvement with particular children) . . . . . . . . . . . . . . . . . . . . . . 67
90 Amendment of s 246C (Chief executive may seek information
from entities). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
91 Amendment of s 246E (Protection from liability for giving
information to chief executive) . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
92 Amendment of sch 2 (Reviewable decisions and aggrieved
persons) ....................................... 68
93 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 68
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Child Protection and Other Acts Amendment Bill 2010
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Part 3 Amendment of Commission for Children and Young People
and Child Guardian Act 2000
94 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
95 Replacement of s 36 (Employment screening of commission's
staff) ......................................... 71
36 Screening of commission's staff . . . . . . . . . . . . . . . . . 71
96 Amendment of s 62 (Grounds for not dealing with complaint) . . . 71
97 Amendment of s 107 (Appointment). . . . . . . . . . . . . . . . . . . . . . . 71
98 Amendment of s 156 (Employment and businesses regulated
by this chapter) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
99 Amendment of s 176 (Giving notification under pt 4) . . . . . . . . . . 72
100 Amendment of s 178 (Application for an eligibility declaration) . . 72
101 Amendment of s 200 (Form of application) . . . . . . . . . . . . . . . . . 72
102 Amendment of s 212 (Form of application) . . . . . . . . . . . . . . . . . 73
103 Amendment of s 249 (Giving notification under pt 5) . . . . . . . . . . 73
104 Amendment of s 261 (Form of application) . . . . . . . . . . . . . . . . . 73
105 Amendment of s 273 (Form of application) . . . . . . . . . . . . . . . . . 74
106 Amendment of s 343 (Commissioner must give information
about particular approved teachers to college of teachers) . . . . . 74
107 Amendment of s 345 (Use of information obtained under this
chapter about a person) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
108 Amendment of s 349 (Replacement notice if change in
employment etc. details generally) . . . . . . . . . . . . . . . . . . . . . . . . 75
109 Replacement of s 350 (Replacement notice if change from
employment as a volunteer to employment other than as a
volunteer etc.). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
110 Insertion of new ch 8A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
Chapter 8A Criminal history checks, and assessing
suitability, of persons engaged by the
commission
357A Purposes of ch 8A . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
357B This chapter applies despite the Criminal Law
(Rehabilitation of Offenders) Act 1986 . . . . . . . . . . . . 79
357C Commissioner to advise of duties of disclosure etc. . 79
357D Person seeking to be engaged by commission must
disclose criminal history . . . . . . . . . . . . . . . . . . . . . . . 80
357E Person engaged by commission must disclose
changes in criminal history. . . . . . . . . . . . . . . . . . . . . 80
357F Requirements for disclosure. . . . . . . . . . . . . . . . . . . . 80
357G False or misleading disclosure or failure to disclose . 81
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357H Undertaking employment screening with consent . . . 82
357I Application of pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
357J Prescribed notice or exemption notice required for
child-related duties . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
357K Undertaking employment screening with consent . . . 84
357L Engaging public service employee before prescribed
notice or exemption notice issued . . . . . . . . . . . . . . . 85
357M Engaging other person before prescribed notice or
exemption notice issued . . . . . . . . . . . . . . . . . . . . . . . 85
357N Effect of suspension or cancellation of positive
notice or positive exemption notice. . . . . . . . . . . . . . . 86
Division 1 Obtaining information from police
commissioner on request
357O Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
357P Commissioner may obtain information from police
commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
Division 2 Obtaining information about charges etc.
357Q Prosecuting authority to notify commissioner about
committal, conviction etc. . . . . . . . . . . . . . . . . . . . . . . 89
357R Use of information obtained under this chapter . . . . . 91
357S Person to be advised of information obtained from
police commissioner. . . . . . . . . . . . . . . . . . . . . . . . . . 91
357T Guidelines for dealing with information. . . . . . . . . . . . 92
111 Amendment of s 384 (Confidentiality of information about
criminal history or related information) . . . . . . . . . . . . . . . . . . . . . 92
112 Amendment of s 501 (Particular prescribed police information
obtained but not used before commencement) . . . . . . . . . . . . . . 92
113 Insertion of new ch 11, pt 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
505 Application of s 349 . . . . . . . . . . . . . . . . . . . . . . . . . . 93
506 Application of s 350 . . . . . . . . . . . . . . . . . . . . . . . . . . 93
507 Fee not payable under s 350 if a fee previously paid . 94
508 Persons being considered for engagement by the
commission at the commencement . . . . . . . . . . . . . . 94
114 Amendment of sch 1, pt 3 (Employment to which chapter 8 of
this Act does not apply) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
30 Ambulance officers . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
115 Amendment of sch 7 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 95
Part 4 Amendment of Community Services Act 2007
116 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
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117 Amendment of s 144 (Particular police information obtained but
not used before commencement). . . . . . . . . . . . . . . . . . . . . . . . . 96
Part 5 Amendment of Disability Services Act 2006
118 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
119 Amendment of s 107A (Replacement notice etc. if change in
engagement details). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
120 Amendment of s 256 (Particular prescribed police information
obtained but not used before commencement) . . . . . . . . . . . . . . 98
121 Amendment of s 288 (Provision about persons engaged to
provide disability services only to children) . . . . . . . . . . . . . . . . . 98
122 Amendment of s 289 (Provision about holders of CCYPCG
positive notice) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
Part 6 Amendment of Family Services Act 1987
123 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
124 Amendment of s 38 (Particular police information obtained
before commencement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
Part 7 Amendment of Juvenile Justice and Other Acts
Amendment Act 2009
125 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
126 Amendment of schedule (Consequential amendments) . . . . . . . 99
Part 8 Amendment of Public Service Act 2008
127 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
128 Amendment of s 150 (Definitions for pt 6) . . . . . . . . . . . . . . . . . . 100
129 Amendment of s 151 (Application of div 2). . . . . . . . . . . . . . . . . . 100
130 Amendment of s 156 (Application of div 3). . . . . . . . . . . . . . . . . . 101
131 Amendment of s 157 (Definitions for div 3) . . . . . . . . . . . . . . . . . 101
132 Amendment of s 158 (Prescribed notice or exemption notice
required for child-related duties). . . . . . . . . . . . . . . . . . . . . . . . . . 101
133 Amendment of s 159 (Chief executive to apply for prescribed
notice or exemption notice) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
134 Omission of s 160 (CCYPCG commissioner to undertake
child-related employment screening) . . . . . . . . . . . . . . . . . . . . . . 102
135 Amendment of s 161 (Engaging public service employee before
prescribed notice or exemption notice issued) . . . . . . . . . . . . . . . 102
136 Amendment of s 162 (Engaging other person before prescribed
notice or exemption notice issued) . . . . . . . . . . . . . . . . . . . . . . . . 102
137 Insertion of new ch 9, pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
Part 6 Transitional provisions for Child Protection and
Other Acts Amendment Act 2010
264 Definition for pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
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Child Protection and Other Acts Amendment Bill 2010
Contents
265 CCYPCG commissioner request for criminal history
report not complied with at the commencement . . . 103
266 Criminal history reports obtained by CCYPCG
commissioner before commencement . . . . . . . . . . . . 103
267 Notice not given to CCYPCG commissioner by
prosecuting authority at the commencement . . . . . . . 104
138 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 104
Page 9
2010
A Bill
for
An Act to amend the Child Protection Act 1999, Commission for
Children and Young People and Child Guardian Act 2000,
Community Services Act 2007, Disability Services Act 2006,
Family Services Act 1987, Juvenile Justice and Other Acts
Amendment Act 2009 and Public Service Act 2008 for particular
purposes
Child Protection and Other Acts Amendment Bill 2010
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 Child Protection and Other Acts 4
Amendment Act 2010. 5
Clause 2 Commencement 6
(1) Section 119 commences on the later of the following-- 7
(a) the day this Act is assented to; 8
(b) 1 July 2010, immediately after the Criminal History 9
Screening Legislation Amendment Act 2010, section 129 10
commences. 11
(2) Sections 121 and 122 commence on the later of the 12
following-- 13
(a) the day this Act is assented to; 14
(b) 1 July 2010, immediately after the Criminal History 15
Screening Legislation Amendment Act 2010, section 16
156, to the extent it inserts part 16, division 5, 17
subdivision 4, commences. 18
(3) The remaining provisions of this Act commence on a day to 19
be fixed by proclamation. 20
Page 12
Child Protection and Other Acts Amendment Bill 2010
Part 2 Amendment of Child Protection Act 1999
[s 3]
Part 2 Amendment of Child Protection 1
Act 1999 2
Clause 3 Act amended 3
This part amends the Child Protection Act 1999. 4
Clause 4 Omission of s 3A (Notes in text) 5
Section 3A-- 6
omit. 7
Clause 5 Amendment of ch 1, pt 2 hdg 8
Chapter 1, part 2, heading, after `Purpose'-- 9
insert-- 10
`, principles'. 11
Clause 6 Insertion of new ch 1, pt 2, div 1 hdg 12
Chapter 1, part 2, after part 2 heading-- 13
insert-- 14
`Division 1 Purpose of Act and principles for its 15
administration'. 16
Clause 7 Replacement of s 5 (Principles for administration of Act) 17
Section 5-- 18
omit, insert-- 19
`5 Application of principles 20
`(1) This Act is to be administered under the principles stated in 21
this division. 22
`(2) All other principles stated in this Act are subject to the 23
principle stated in section 5A. 24
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Child Protection and Other Acts Amendment Bill 2010
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[s 7]
`5A Paramount principle 1
`The main principle for administering this Act is that the 2
safety, wellbeing and best interests of a child are paramount. 3
Example-- 4
If the chief executive is making a decision under this Act about a child 5
where there is a conflict between the child's safety, wellbeing and best 6
interests, and the interests of an adult caring for the child, the conflict 7
must be resolved in favour of the child's safety, wellbeing and best 8
interests. 9
`5B Other general principles 10
`The following are general principles for ensuring the safety, 11
wellbeing and best interests of a child-- 12
(a) a child has a right to be protected from harm or risk of 13
harm; 14
(b) a child's family has the primary responsibility for the 15
child's upbringing, protection and development; 16
(c) the preferred way of ensuring a child's safety and 17
wellbeing is through supporting the child's family; 18
(d) if a child does not have a parent who is able and willing 19
to protect the child, the State is responsible for 20
protecting the child; 21
(e) in protecting a child, the State should only take action 22
that is warranted in the circumstances; 23
(f) if a child is removed from the child's family, support 24
should be given to the child and the child's family for 25
the purpose of allowing the child to return to the child's 26
family if the return is in the child's best interests; 27
(g) if a child does not have a parent able and willing to give 28
the child ongoing protection in the foreseeable future, 29
the child should have long-term alternative care; 30
(h) if a child is removed from the child's family, 31
consideration should be given to placing the child, as a 32
first option, in the care of kin; 33
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[s 7]
(i) if a child is removed from the child's family, the child 1
should be placed with the child's siblings, to the extent 2
that is possible; 3
(j) a child should only be placed in the care of a parent or 4
other person who has the capacity and is willing to care 5
for the child (including a parent or other person with 6
capacity to care for the child with assistance or support); 7
(k) a child should have stable living arrangements, 8
including arrangements that provide-- 9
(i) for a stable connection with the child's family and 10
community, to the extent that is in the child's best 11
interests; and 12
(ii) for the child's developmental, educational, 13
emotional, health, intellectual and physical needs 14
to be met; 15
(l) a child should be able to maintain relationships with the 16
child's parents and kin, if it is appropriate for the child; 17
(m) a child should be able to know, explore and maintain the 18
child's identity and values, including their cultural, 19
ethnic and religious identity and values; 20
(n) a delay in making a decision in relation to a child should 21
be avoided, unless appropriate for the child. 22
`5C Additional principles for Aboriginal or Torres Strait 23
Islander children 24
`The following additional principles apply in relation to an 25
Aboriginal or Torres Strait Islander child-- 26
(a) the child should be allowed to develop and maintain a 27
connection with the child's family, culture, traditions, 28
language and community; 29
(b) the long-term effect of a decision on the child's identity 30
and connection with their family and community should 31
be taken into account. 32
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Child Protection and Other Acts Amendment Bill 2010
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[s 7]
Note-- 1
See also sections 6 (Recognised entities and decisions about Aboriginal 2
and Torres Strait Islander children) and 83 (Additional provisions for 3
placing Aboriginal and Torres Strait Islander children in care). 4
`5D Principles about exercising powers and making 5
decisions 6
`(1) The following principles are relevant to exercising a power or 7
making a decision under this Act-- 8
(a) a power under this Act should be exercised in a way that 9
is open, fair and respectful of the rights of each person 10
affected by the exercise of the power; 11
(b) to the extent that it is appropriate, the views of relevant 12
persons should be sought and taken into account before 13
a decision is made under this Act; 14
(c) if a relevant person for a decision under this Act needs 15
help to participate in or understand the decision making 16
process, or to understand a statutory right relevant to the 17
decision, the relevant person should be given help; 18
(d) a relevant person for a decision under this Act may 19
obtain their own legal advice, or be represented by a 20
lawyer or supported by another person, in relation to the 21
decision-making process; 22
(e) information about a child affected by a decision under 23
this Act should be shared-- 24
(i) only to the extent necessary for the purposes of this 25
Act; and 26
(ii) in a way that protects the child's privacy. 27
`(2) This section does not apply to a court. 28
`(3) In this section-- 29
relevant person, for a decision, means each of the following 30
persons-- 31
(a) the child to whom the decision relates; 32
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Child Protection and Other Acts Amendment Bill 2010
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[s 8]
(b) a person who is a parent or sibling of the child and is 1
affected by the decision; 2
(c) any long-term guardian of the child. 3
`5E Obtaining child's views 4
`(1) When giving a child an opportunity to express their views 5
under this Act-- 6
(a) language appropriate to the age, maturity and capacity 7
of the child should be used; and 8
(b) communication with the child should be in a way that is 9
appropriate to the child's circumstances; and 10
(c) if the child requires help to express their views, the child 11
should be given help; and 12
(d) the child should be given an appropriate explanation of 13
any decision affecting the child, including a decision 14
about the development of a case plan or the effect of the 15
decision or the case plan; and 16
(e) the child should be given an opportunity, and any help if 17
needed, to respond to any decision affecting the child. 18
`(2) Nothing in this section requires a child to express a view 19
about a matter. 20
`(3) This section does not apply to a court.'. 21
Clause 8 Amendment of s 6 (Provisions about Aboriginal and 22
Torres Strait Islander children) 23
Section 6, heading, `Provisions'-- 24
omit, insert-- 25
`Recognised entities and decisions'. 26
Clause 9 Insertion of new ch 1, pt 2, div 2 hdg 27
After section 6-- 28
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Child Protection and Other Acts Amendment Bill 2010
Part 2 Amendment of Child Protection Act 1999
[s 10]
insert-- 1
`Division 2 Administration'. 2
Clause 10 Amendment of s 9 (What is harm) 3
Section 9-- 4
insert-- 5
`(4) Harm can be caused by-- 6
(a) a single act, omission or circumstance; or 7
(b) a series or combination of acts, omissions or 8
circumstances.'. 9
Clause 11 Amendment of s 11 (Who is a parent) 10
Section 11, editor's note, after `(see section 37),'-- 11
insert-- 12
`chapter 2, part 3AA (see section 51AA),'. 13
Clause 12 Amendment of s 13 (What is effect of guardianship) 14
Section 13(c), `welfare'-- 15
omit, insert-- 16
`wellbeing'. 17
Clause 13 Amendment of s 14 (Chief executive may investigate 18
alleged harm ) 19
(1) Section 14, heading, `Chief executive may investigate'-- 20
omit, insert-- 21
`Investigation of'. 22
(2) Section 14(2), `may have involved'-- 23
omit, insert-- 24
`to a child may involve'. 25
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Child Protection and Other Acts Amendment Bill 2010
Part 2 Amendment of Child Protection Act 1999
[s 14]
(3) Section 14-- 1
insert-- 2
`(3) Subsection (2) applies whether or not the chief executive 3
suspects the child is in need of protection.'. 4
Clause 14 Replacement of s 15 (Child's parents to be told about 5
allegation of harm and outcome of investigation) 6
Section 15-- 7
omit, insert-- 8
`15 Child's parents and long-term guardians to be told 9
about allegation of harm and outcome of 10
investigation 11
`(1) This section applies if an authorised officer or police officer-- 12
(a) investigates an allegation of harm or risk of harm to a 13
child; or 14
(b) assesses a child's need of protection because of an 15
allegation of harm or risk of harm to the child. 16
`(2) If the child does not have long-term guardians, the officer 17
must-- 18
(a) give details of the alleged harm or risk of harm to at 19
least 1 of the child's parents; and 20
(b) as soon as practicable after completing the 21
investigation-- 22
(i) tell at least 1 of the child's parents about the 23
outcome of the investigation; and 24
(ii) if asked by the parent, give the information about 25
the outcome of the investigation to the parent in 26
writing. 27
`(3) If the child has long-term guardians, the officer must-- 28
(a) take, or make a reasonable attempt to take, the actions 29
stated in subsection (2)(a) and (b), but only if the officer 30
is satisfied it would be in the child's best interests to do 31
so, having regard to-- 32
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Child Protection and Other Acts Amendment Bill 2010
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[s 15]
(i) the nature and extent of the child's connection with 1
the child's parents; and 2
(ii) the evidence in support of the allegation of harm or 3
risk of harm; and 4
(iii) any other relevant matter; and 5
(b) take the actions stated in subsection (2)(a) and (b) in 6
relation to the long-term guardians. 7
`(4) However, if the officer reasonably believes-- 8
(a) someone may be charged with a criminal offence for the 9
harm to the child and the officer's compliance with 10
subsection (2) or (3) may jeopardise an investigation 11
into the offence; or 12
(b) compliance with subsection (2) or (3) may expose the 13
child to harm; 14
the officer need only comply with the subsection to the extent 15
the officer considers is reasonable and appropriate in the 16
particular circumstances. 17
`(5) If, under subsection (3)(a), the officer does not take the 18
actions stated in subsection (2)(a) and (b) but makes a 19
reasonable attempt to take the actions, the officer must 20
document full details about the actions taken by the officer in 21
making the attempt.'. 22
Clause 15 Amendment of s 17 (Contact with children in school, 23
child care centre, family day care etc.) 24
(1) Section 17(1)(b)(i) and (ii), after `parents'-- 25
insert-- 26
`or long-term guardians'. 27
(2) Section 17(4)-- 28
omit, insert-- 29
`(4) As soon as practicable after the officer has had contact with 30
the child, the officer must-- 31
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Child Protection and Other Acts Amendment Bill 2010
Part 2 Amendment of Child Protection Act 1999
[s 16]
(a) if the child has long-term guardians--tell at least 1 of 1
the long-term guardians that the officer has had contact 2
with the child and the reasons for the contact; or 3
(b) otherwise--tell at least 1 of the child's parents that the 4
officer has had contact with the child and the reasons for 5
the contact.'. 6
Clause 16 Amendment of s 18 (Child at immediate risk may be taken 7
into custody) 8
(1) Section 18(1)-- 9
omit, insert-- 10
`(1) This section applies if an authorised officer or police officer 11
reasonably believes a child is at risk of harm and the child is 12
likely to suffer harm if the officer does not immediately take 13
the child into custody.'. 14
(2) Section 18-- 15
insert-- 16
`(5A) However, subsection (5) does not apply if an authorised 17
officer applies for a temporary custody order for the child.'. 18
(3) Section 18(7)(a), after `order'-- 19
insert-- 20
`or temporary custody order'. 21
(4) Section 18(5A) to (7)-- 22
renumber as section 18(6) to (8). 23
Clause 17 Replacement of s 20 (Officer's obligations on taking child 24
into custody) 25
Section 20-- 26
omit, insert-- 27
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Child Protection and Other Acts Amendment Bill 2010
Part 2 Amendment of Child Protection Act 1999
[s 17]
`20 Officer's obligations on taking child into custody 1
`(1) This section applies if an authorised officer or police officer 2
takes a child into the chief executive's custody. 3
`(2) If the child does not have long-term guardians, the officer 4
must, as soon as practicable-- 5
(a) take reasonable steps to tell at least 1 of the child's 6
parents-- 7
(i) that the child has been taken into custody and the 8
reasons for the action; and 9
(ii) when the chief executive's custody ends under 10
section 18(8); and 11
(b) tell the child about their being taken into the chief 12
executive's custody; and 13
Editor's note-- 14
Section 195 deals with compliance with provisions about giving 15
information. 16
(c) tell the chief executive the child has been taken into the 17
chief executive's custody, the reasons for the action and 18
where the child has been taken. 19
`(3) If the child has long-term guardians, the officer must, as soon 20
as practicable-- 21
(a) comply with subsection (2)(a) to (c) as if the reference 22
in subsection (2)(a) to parents were a reference to 23
long-term guardians; and 24
(b) comply, or make a reasonable attempt to comply, with 25
subsection (2)(a). 26
`(4) Subsections (2) and (3) do not require the officer to tell the 27
child's parents or long-term guardians in whose care the child 28
has been placed. 29
`(5) The officer's obligation under subsection (2)(a)(i) or (3) to 30
give reasons for taking the child into custody is limited to the 31
extent the officer considers is reasonable and appropriate in 32
particular circumstances if the officer reasonably believes-- 33
Page 22
Child Protection and Other Acts Amendment Bill 2010
Part 2 Amendment of Child Protection Act 1999
[s 18]
(a) someone may be charged with a criminal offence for 1
harm to the child and the officer's compliance with the 2
provision may jeopardise an investigation into the 3
offence; or 4
(b) compliance with the provision may expose the child to 5
harm. 6
`(6) If, under subsection (3)(b), the officer does not comply with 7
subsection (2)(a) but makes a reasonable attempt to comply, 8
the officer must document full details about the actions taken 9
by the officer in making the attempt.'. 10
Clause 18 Amendment of s 21A (Unborn children) 11
(1) Section 21A(3)-- 12
renumber as section 21A(5). 13
(2) Section 21A-- 14
insert-- 15
`(3) If the child is an Aboriginal or Torres Strait Islander child, the 16
chief executive or an authorised officer must consult with a 17
recognised entity for the child for the purpose of-- 18
(a) assessing the likelihood that the child may be in need of 19
protection after he or she is born; and 20
(b) offering help and support to the pregnant woman. 21
`(4) However, subsection (3) applies only if the pregnant woman 22
agrees to the consultation taking place.'. 23
Clause 19 Amendment of s 23 (Meaning of parent in pt 2) 24
Section 23, definition parent, paragraphs (c) and (d)-- 25
omit, insert-- 26
`(c) a person, other than the chief executive, having custody 27
or guardianship of the child under-- 28
(i) a law of the State, other than this Act; or 29
Page 23
Child Protection and Other Acts Amendment Bill 2010
Part 2 Amendment of Child Protection Act 1999
[s 20]
(ii) a law of another State; 1
(d) a long-term guardian of the child.'. 2
Clause 20 Amendment of s 25 (Making of application for order) 3
(1) Section 25(2), `application must be sworn and state'-- 4
omit, insert-- 5
`officer must prepare a written application that states'. 6
(2) Section 25(3)-- 7
renumber as section 25(4). 8
(3) Section 25-- 9
insert-- 10
`(3) The written application must be sworn.'. 11
Clause 21 Amendment of s 27 (Making of temporary assessment 12
order) 13
(1) Section 27(2), `the consent of at least 1 of the child's 14
parents'-- 15
omit, insert-- 16
`appropriate parental consent'. 17
(2) Section 27-- 18
insert-- 19
`(3) In this section-- 20
appropriate parental consent means-- 21
(a) if the child does not have long-term guardians--the 22
consent of at least 1 of the child's parents; or 23
(b) if the child has long-term guardians--the consent of at 24
least 1 of the long-term guardians.'. 25
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Child Protection and Other Acts Amendment Bill 2010
Part 2 Amendment of Child Protection Act 1999
[s 22]
Clause 22 Amendment of s 29 (Duration of temporary assessment 1
orders) 2
Section 29(2), `3 days'-- 3
omit, insert-- 4
`3 business days'. 5
Clause 23 Replacement of s 30 (Special orders) 6
Section 30-- 7
omit, insert-- 8
`30 Application by particular forms of communication 9
and duplicate order 10
`(1) An application under section 25 may be made by phone, fax, 11
radio or another form of communication if the authorised 12
officer or police officer reasonably considers it necessary 13
because of-- 14
(a) urgent circumstances; or 15
(b) other special circumstances (including, for example, the 16
officer's remote location). 17
`(2) The application-- 18
(a) may not be made before the officer prepares the written 19
application under section 25(2); but 20
(b) may be made before the written application is sworn. 21
`(3) The magistrate may make the order (the original order) only 22
if the magistrate is satisfied-- 23
(a) it was necessary to make the application under 24
subsection (1); and 25
(b) the way the application was made under subsection (1) 26
was appropriate. 27
`(4) After the magistrate makes the original order-- 28
(a) if there is a reasonably practicable way of immediately 29
giving a copy of the order to the officer (for example, by 30
Page 25
Child Protection and Other Acts Amendment Bill 2010
Part 2 Amendment of Child Protection Act 1999
[s 23]
sending a copy by fax), the magistrate must immediately 1
give a copy of the order to the officer; or 2
(b) otherwise-- 3
(i) the magistrate must tell the officer the date and 4
time the order was made and the other terms of the 5
order; and 6
(ii) the officer must complete a form of the order, 7
including by writing on it-- 8
(A) the magistrate's name; and 9
(B) the date and time the magistrate made the 10
order; and 11
(C) the other terms of the order. 12
`(5) The copy of the order mentioned in subsection (4)(a), or the 13
form of the order completed under subsection (4)(b), (in either 14
case the duplicate order) is a duplicate of, and as effectual as, 15
the original order. 16
`(6) The officer must, at the first reasonable opportunity, send to 17
the magistrate-- 18
(a) the written application complying with section 25(2) 19
and (3); and 20
(b) if the officer completed a form of the order under 21
subsection (4)(b)--the completed form of the order. 22
`(7) The magistrate must keep the original order and, on receiving 23
the documents under subsection (6)-- 24
(a) attach the documents to the original order; and 25
(b) give the original order and documents to the clerk of the 26
court of the relevant magistrates court. 27
`(8) Despite subsection (7), if-- 28
(a) an issue arises in a proceeding about whether an 29
exercise of a power was authorised by an order made 30
under this section; and 31
(b) the original order is not produced in evidence; 32
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Child Protection and Other Acts Amendment Bill 2010
Part 2 Amendment of Child Protection Act 1999
[s 24]
the onus of proof is on the person relying on the lawfulness of 1
the exercise of the power to prove an order authorised the 2
exercise of the power.'. 3
Clause 24 Amendment of s 31 (Order--procedure before entry) 4
Section 31(2)(b)(ii), `facsimile order or order form mentioned 5
in section 30(6), a copy of the facsimile order or order 6
form'-- 7
omit, insert-- 8
`duplicate order under section 30(5), a copy of the duplicate 9
order'. 10
Clause 25 Amendment of s 32 (Explanation of temporary 11
assessment orders) 12
(1) Section 32, `Immediately'-- 13
omit, insert-- 14
`If the child does not have long-term guardians, then, 15
immediately'. 16
(2) Section 32(a), `facsimile order or order form under section 17
30(6)'-- 18
omit, insert-- 19
`duplicate order under section 30(5)'. 20
(3) Section 32(c)(ii), editor's note, `3 days'-- 21
omit, insert-- 22
`3 business days'. 23
(4) Section 32-- 24
insert-- 25
`(2) If the child has long-term guardians, then, immediately after a 26
temporary assessment order is made for a child, the applicant 27
for the order must-- 28
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Child Protection and Other Acts Amendment Bill 2010
Part 2 Amendment of Child Protection Act 1999
[s 26]
(a) comply with subsection (1)(a) to (d) as if a reference to 1
parents were a reference to long-term guardians; and 2
(b) comply, or make a reasonable attempt to comply, with 3
subsection (1)(a) to (c). 4
`(3) If, under subsection (2)(b), the applicant does not comply with 5
subsection (1)(a) to (c) but makes a reasonable attempt to 6
comply, the applicant must document full details about the 7
actions taken by the applicant in making the attempt.'. 8
Clause 26 Amendment of s 34 (Extension of temporary assessment 9
orders) 10
Section 34(5), `3 days'-- 11
omit, insert-- 12
`3 business days'. 13
Clause 27 Amendment of s 37 (Meaning of parent in pt 3) 14
Section 37, definition parent, paragraphs (c) and (d)-- 15
omit, insert-- 16
`(c) a person, other than the chief executive, having custody 17
or guardianship of the child under-- 18
(i) a law of the State, other than this Act; or 19
(ii) a law of another State; 20
(d) a long-term guardian of the child.'. 21
Clause 28 Amendment of s 38 (Purpose of pt 3) 22
Section 38(2)(b) and editor's note, `3 days'-- 23
omit, insert-- 24
`3 business days'. 25
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Child Protection and Other Acts Amendment Bill 2010
Part 2 Amendment of Child Protection Act 1999
[s 29]
Clause 29 Amendment of s 41 (Notice of application) 1
Section 41(1) and (2)-- 2
omit, insert-- 3
`(1) As soon as practicable after the application is filed, the 4
applicant must do the following-- 5
(a) if the child does not have long-term 6
guardians--personally serve a copy of the application 7
on each of the child's parents; 8
(b) if the child has long-term guardians-- 9
(i) personally serve a copy of the application on each 10
of the long-term guardians; and 11
(ii) personally serve, or make a reasonable attempt to 12
personally serve, a copy of the application on each 13
of the child's parents other than the long-term 14
guardians; 15
(c) tell the child about the application. 16
Editor's note-- 17
Section 195 deals with compliance with provisions about giving 18
information. 19
`(2) If the applicant makes a reasonable attempt to personally 20
serve, but does not personally serve, a copy of the application 21
under subsection (1)(b)(ii), the applicant must document full 22
details about the actions taken in making the attempt. 23
Example of how an applicant may make a reasonable attempt-- 24
leaving a copy of the application at, or posting a copy of the application 25
to, the parent's last known residential address'. 26
Clause 30 Amendment of s 45 (Provisions of court assessment 27
order) 28
(1) Section 45(2) to (4)-- 29
renumber as section 45(3) to (5). 30
(2) Section 45-- 31
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Child Protection and Other Acts Amendment Bill 2010
Part 2 Amendment of Child Protection Act 1999
[s 31]
insert-- 1
`(2) Before making an order under subsection (1)(d), the court 2
must consider the views of the chief executive about the 3
child's contact with the child's family, including-- 4
(a) whether any contact with the child should be supervised; 5
and 6
(b) the duration and frequency of any contact with the 7
child.'. 8
Clause 31 Insertion of new ch 2, pt 3AA 9
Chapter 2, after part 3-- 10
insert-- 11
`Part 3AA Temporary custody orders 12
`Division 1 Preliminary 13
`51AA Meaning of parent in pt 3AA 14
`In this part-- 15
parent, of a child, means each of the following persons-- 16
(a) the child's mother or father; 17
(b) a person in whose favour a residence order or contact 18
order for the child is in operation under the Family Law 19
Act 1975 (Cwlth); 20
(c) a person, other than the chief executive, having custody 21
or guardianship of the child under-- 22
(i) a law of the State, other than this Act; or 23
(ii) a law of another State; 24
(d) a long-term guardian of the child. 25
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Child Protection and Other Acts Amendment Bill 2010
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[s 31]
`51AB Purpose 1
`(1) This part provides for the making of temporary custody 2
orders. 3
`(2) The purpose of a temporary custody order is to authorise the 4
action necessary to ensure the immediate safety of a child 5
while the chief executive decides the most appropriate action 6
to meet the child's ongoing protection and care needs (for 7
example, applying for a child protection order). 8
`Division 2 Applications for, and making and 9
effect of, temporary custody orders 10
`51AC Making of application for order 11
`(1) An authorised officer may apply to a magistrate for a 12
temporary custody order for a child. 13
`(2) The officer must prepare a written application that states the 14
following-- 15
(a) the grounds on which it is made; 16
(b) the nature of the order sought; 17
(c) the proposed arrangements for the child's care. 18
`(3) The written application must be sworn. 19
`(4) The magistrate may refuse to consider the application until the 20
officer gives the magistrate all the information the magistrate 21
requires about the application in the way the magistrate 22
requires. 23
Example-- 24
The magistrate may require additional information supporting the 25
application be given by statutory declaration. 26
Page 31
Child Protection and Other Acts Amendment Bill 2010
Part 2 Amendment of Child Protection Act 1999
[s 31]
`51AD Deciding application 1
`A magistrate may decide an application for a temporary 2
custody order without notifying the child's parents of the 3
application or hearing them on the application. 4
`51AE Making of temporary custody order 5
`The magistrate may make a temporary custody order for the 6
child only if the magistrate is satisfied-- 7
(a) the child will be at unacceptable risk of suffering harm if 8
the order is not made; and 9
(b) the chief executive will be able, within the term of the 10
temporary custody order, to decide the most appropriate 11
action to meet the child's ongoing protection and care 12
needs and start taking that action. 13
`51AF Provisions of temporary custody order 14
`(1) The magistrate may make a temporary custody order for the 15
child that provides for any 1 or more of the following the 16
magistrate considers to be appropriate in the circumstances-- 17
(a) authorising an authorised officer or police officer-- 18
(i) to have contact with the child; and 19
(ii) to take the child into, or keep the child in, the chief 20
executive's custody while the order is in force; 21
(b) authorising the child's medical examination or 22
treatment; 23
Editor's note-- 24
Section 97 (Carrying out medical examinations or treatment) 25
applies to the medical examination or treatment. 26
(c) directing a parent not to have contact (direct or 27
indirect)-- 28
(i) with the child; or 29
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Child Protection and Other Acts Amendment Bill 2010
Part 2 Amendment of Child Protection Act 1999
[s 31]
(ii) with the child other than when a stated person or a 1
person of a stated category is present. 2
`(2) In addition, the order may authorise an authorised officer or 3
police officer to enter and search any place the officer 4
reasonably believes the child is, to find the child, if the 5
magistrate is satisfied-- 6
(a) entry to a place has been, or is likely to be, refused, or it 7
is otherwise justified in particular circumstances, 8
including, for example, because the child's whereabouts 9
are not known; and 10
(b) the entry is necessary for the effective enforcement of 11
the order. 12
`(3) On entering a place, an authorised officer or police officer 13
may remain in the place for as long as the officer reasonably 14
considers necessary for exercising the officer's powers under 15
this section. 16
`(4) An authorised officer or police officer may exercise powers 17
under the order with the help, and using the force, that is 18
reasonable in the circumstances. 19
`51AG Duration of temporary custody orders 20
`(1) A temporary custody order must state the time when it ends. 21
`(2) The stated time must not be more than 3 business days after 22
the day the order is made. 23
`(3) The order ends at the stated time unless it is extended. 24
`(4) Regardless of subsections (1) to (3), the order ends when the 25
child turns 18 years. 26
`51AH Extension of temporary custody orders 27
`(1) An authorised officer may apply to a magistrate for an order 28
to extend the term of a temporary custody order for a child. 29
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`(2) This part applies, with all necessary changes, to the 1
application as if it were an application for a temporary 2
custody order. 3
`(3) The magistrate may extend the temporary custody order only 4
if the magistrate is satisfied the order has not ended. 5
`(4) The temporary custody order may be extended until the end of 6
the next business day after it would otherwise have ended if 7
the magistrate is satisfied the officer intends to apply for a 8
child protection order for the child within the extended term. 9
`(5) Unless subsection (4) applies, the temporary custody order 10
may not be extended to a time ending more than 3 business 11
days after the day it was made. 12
`(6) A temporary custody order may not be extended more than 13
once under subsection (4). 14
`51AI Application by particular forms of communication 15
and duplicate order 16
`(1) An application under section 51AC may be made by phone, 17
fax, radio or another form of communication if the authorised 18
officer reasonably considers it necessary because of-- 19
(a) urgent circumstances; or 20
(b) other special circumstances (including, for example, the 21
officer's remote location). 22
`(2) The application-- 23
(a) may not be made before the officer prepares the written 24
application under section 51AC(2); but 25
(b) may be made before the written application is sworn. 26
`(3) The magistrate may make the order (the original order) only 27
if the magistrate is satisfied-- 28
(a) it was necessary to make the application under 29
subsection (1); and 30
(b) the way the application was made under subsection (1) 31
was appropriate. 32
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`(4) After the magistrate makes the original order-- 1
(a) if there is a reasonably practicable way of immediately 2
giving a copy of the order to the officer (for example, by 3
sending a copy by fax), the magistrate must immediately 4
give a copy of the order to the officer; or 5
(b) otherwise-- 6
(i) the magistrate must tell the officer the date and 7
time the order was made and the other terms of the 8
order; and 9
(ii) the officer must complete a form of the order, 10
including by writing on it-- 11
(A) the magistrate's name; and 12
(B) the date and time the magistrate made the 13
order; and 14
(C) the other terms of the order. 15
`(5) The copy of the order mentioned in subsection (4)(a), or the 16
form of the order completed under subsection (4)(b), (in either 17
case the duplicate order) is a duplicate of, and as effectual as, 18
the original order. 19
`(6) The officer must, at the first reasonable opportunity, send to 20
the magistrate-- 21
(a) the written application complying with section 51AC(2) 22
and (3); and 23
(b) if the officer completed a form of the order under 24
subsection (4)(b)--the completed form of the order. 25
`(7) The magistrate must keep the original order and, on receiving 26
the documents under subsection (6)-- 27
(a) attach the documents to the original order; and 28
(b) give the original order and documents to the clerk of the 29
court of the relevant magistrates court. 30
`(8) Despite subsection (7), if-- 31
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[s 31]
(a) an issue arises in a proceeding about whether an 1
exercise of a power was authorised by an order made 2
under this section; and 3
(b) the original order is not produced in evidence; 4
the onus of proof is on the person relying on the lawfulness of 5
the exercise of the power to prove an order authorised the 6
exercise of the power. 7
`51AJ Order--procedure before entry 8
`(1) This section applies if an authorised officer or police officer is 9
intending to enter a place under an authority under a 10
temporary custody order. 11
`(2) Before entering the place, the officer must do or make a 12
reasonable attempt to do the following things-- 13
(a) identify himself or herself to a person present at the 14
place who is an occupier of the place; 15
(b) give the person-- 16
(i) a copy of the order so far as it relates to the entry 17
and searching of the place; or 18
(ii) if the entry and searching is authorised by a 19
duplicate order under section 51AI(5), a copy of 20
the duplicate order so far as it relates to the entry 21
and searching of the place; 22
(c) tell the person the officer is permitted by the order to 23
enter and search the place to find the child; 24
(d) give the person an opportunity to allow the officer 25
immediate entry to the place without using force. 26
`(3) For subsection (2)(a), an authorised officer must produce the 27
officer's identity card to the person for inspection. 28
Editor's note-- 29
For a police officer, see the Police Powers and Responsibilities Act 30
2000, section 637 (Supplying police officer's details). 31
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[s 31]
`(4) However, the officer need not comply with subsection (2) if 1
the officer reasonably believes that immediate entry to the 2
place is required to ensure the effective exercise of powers 3
under the order is not frustrated. 4
`Division 3 Other provisions about temporary 5
custody orders 6
`51AK Explanation of temporary custody orders 7
`(1) This section applies if a temporary custody order is made for a 8
child. 9
`(2) If the child does not have long-term guardians, the applicant 10
for the order must immediately-- 11
(a) provide at least 1 of the child's parents with-- 12
(i) a copy of the order or the duplicate order under 13
section 51AI(5); and 14
(ii) an explanation of the terms and effect of the order; 15
and 16
(ii) information-- 17
(A) about the right of appeal; and 18
(B) that, because of the duration of the order, if 19
the parent wishes to appeal against the order, 20
an appeal should be started immediately; and 21
(C) about how to appeal; and 22
(b) tell the child about the order. 23
Editor's note-- 24
Section 195 deals with compliance with provisions about giving 25
information. 26
`(3) If the child has long-term guardians, the applicant for the 27
order must immediately-- 28
(a) comply with subsection (2)(a) as if a reference to 29
parents were a reference to long-term guardians; and 30
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[s 32]
(b) comply, or make a reasonable attempt to comply, with 1
subsection (2)(a) in relation to the child's parents other 2
than the long-term guardians; and 3
(c) comply with subsection (2)(b). 4
`(4) If, under subsection (3)(b), the applicant does not comply with 5
subsection (2)(a) in relation to the child's parents other than 6
the long-term guardians, but makes a reasonable attempt to 7
comply, the applicant must document full details about the 8
actions taken by the applicant in making the attempt. 9
`51AL Variation of temporary custody orders 10
`(1) An authorised officer may apply to a magistrate for an order 11
to vary a temporary custody order for a child. 12
`(2) This part applies, with all necessary changes, to the 13
application as if it were an application for a temporary 14
custody order. 15
`51AM Effect of temporary custody order on existing child 16
protection orders 17
`(1) This section applies if a temporary custody order is made for a 18
child for whom a child protection order is already in force. 19
`(2) The child protection order, so far as it relates to the child's 20
custody or guardianship, ceases to have effect while the chief 21
executive's custody of the child continues under the 22
temporary custody order.'. 23
Clause 32 Amendment of s 51D (How case planning must be carried 24
out) 25
Section 51D(1)(b), editor's note-- 26
omit. 27
Clause 33 Amendment of s 51F (Meaning of parent in pt 3A) 28
Section 51F, definition parent, paragraphs (c) and (d)-- 29
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Child Protection and Other Acts Amendment Bill 2010
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[s 34]
omit, insert-- 1
`(c) a person, other than the chief executive, having custody 2
or guardianship of the child under-- 3
(i) a law of the State, other than this Act; or 4
(ii) a law of another State; 5
(d) a long-term guardian of the child.'. 6
Clause 34 Amendment of s 51Q (Dealing with a case plan developed 7
at a meeting) 8
Section 51Q, `7 days'-- 9
omit, insert-- 10
`10 business days'. 11
Clause 35 Amendment of s 51V (Plan must be reviewed) 12
(1) Section 51V, heading-- 13
omit, insert-- 14
`51V Review of plan--no long-term guardian'. 15
(2) Section 51V(1) to (4)-- 16
renumber as section 51V(2) to (5). 17
(3) Section 51V-- 18
insert-- 19
`(1) This section applies if the child does not have a long-term 20
guardian.'. 21
Clause 36 Insertion of new s 51VA 22
After section 51V-- 23
insert-- 24
`51VA Review of plan--long-term guardian 25
`(1) This section applies if the child has a long-term guardian. 26
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Child Protection and Other Acts Amendment Bill 2010
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[s 37]
`(2) The chief executive must contact the child at least once every 1
12 months to give the child an opportunity to make comments 2
or queries about, or ask for a review of, the child's case plan. 3
`(3) The long-term guardian must allow the chief executive to have 4
contact with the child at least once every 12 months. 5
`(4) At any time, the child or the long-term guardian may ask the 6
chief executive to review the case plan. 7
`(5) On a request under subsection (4)-- 8
(a) the chief executive may decide not to review the plan if 9
satisfied it would not be appropriate in all the 10
circumstances; or 11
Example-- 12
It may not be appropriate to review a case plan when it has been 13
recently reviewed and the child's circumstances have not 14
changed significantly since the plan was finalised. 15
(b) otherwise, the chief executive must review the plan and 16
prepare-- 17
(i) a report about the review under section 51X; and 18
(ii) a revised case plan. 19
`(6) If, on a request under subsection (4), the chief executive 20
decides not to review the case plan, the chief executive must 21
give written notice of the decision to-- 22
(a) the person who made the request; and 23
(b) if it was the child who made the request--the long-term 24
guardian. 25
`(7) The notice mentioned in subsection (6) must comply with the 26
QCAT Act, section 157(2).'. 27
Clause 37 Insertion of new ch 2, pt 3A, div 6 28
Chapter 2, part 3A-- 29
insert-- 30
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[s 38]
`Division 6 Particular evidence inadmissible in 1
criminal proceedings 2
`51YA Evidence of anything said or done at family group 3
meetings 4
`Evidence of anything said or done at a family group meeting 5
is inadmissible in a criminal proceeding before a court other 6
than-- 7
(a) with the consent of all persons participating in the 8
family group meeting; or 9
(b) in a proceeding for an offence committed during the 10
family group meeting. 11
`51YB Evidence of anything recorded in a case plan 12
`Evidence of anything recorded in a case plan is inadmissible 13
in a criminal proceeding before a court other than with the 14
consent of all persons mentioned in the case plan.'. 15
Clause 38 Amendment of s 51ZE (Entering an agreement) 16
Section 51ZE-- 17
insert-- 18
`(4) Despite section 51ZD(1), the chief executive may enter an 19
assessment care agreement with only 1 of the child's parents 20
if-- 21
(a) it is impractical to obtain the consent of the other parent 22
to the agreement before entering the agreement; or 23
(b) the chief executive has made a reasonable attempt to 24
obtain the consent of the other parent before entering the 25
agreement. 26
`(5) If the chief executive has not obtained the consent of the other 27
parent before entering an assessment care agreement under 28
subsection (4), the chief executive must make a reasonable 29
attempt to give a copy of the agreement to the other parent, 30
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Child Protection and Other Acts Amendment Bill 2010
Part 2 Amendment of Child Protection Act 1999
[s 39]
and obtain the other parent's consent, after the agreement has 1
been entered into. 2
Note-- 3
See section 51ZI(2) for how the other parent may end the agreement. 4
`(6) The chief executive may not enter an assessment care 5
agreement with only 1 of the child's parents if another parent 6
refuses to enter the agreement.'. 7
Clause 39 Amendment of s 51ZI (Ending an agreement) 8
(1) Section 51ZI(2)-- 9
renumber as section 51ZI(3). 10
(2) Section 51ZI-- 11
insert-- 12
`(2) If a care agreement is entered into with only 1 of the child's 13
parents, the other parent may end the agreement at any time 14
by giving at least 2 days notice to the parties.'. 15
Clause 40 Amendment of s 52 (Meaning of parent in pt 4) 16
Section 52, definition parent, paragraphs (c) and (d)-- 17
omit, insert-- 18
`(c) a person, other than the chief executive, having custody 19
or guardianship of the child under-- 20
(i) a law of the State, other than this Act; or 21
(ii) a law of another State; 22
(d) a long-term guardian of the child.'. 23
Clause 41 Amendment of s 59 (Making of child protection order) 24
(1) Section 59(6)-- 25
renumber as section 59(9). 26
(2) Section 59(2) to (5)-- 27
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Child Protection and Other Acts Amendment Bill 2010
Part 2 Amendment of Child Protection Act 1999
[s 42]
renumber as section 59(4) to (7). 1
(3) Section 59-- 2
insert-- 3
`(2) Before making a child protection order, the court may have 4
regard to any contravention of this Act or of an order made 5
under this Act. 6
`(3) When deciding whether a case plan is appropriate under 7
subsection (1)(b)(ii), it is not relevant whether or not all 8
persons who participated in the development or revision of the 9
plan agreed with the plan.'. 10
(4) Section 59-- 11
insert-- 12
`(8) Before the court extends or makes a further child protection 13
order granting custody or short-term guardianship of the 14
child, the court must have regard to the child's need for 15
emotional security and stability.'. 16
Clause 42 Amendment of s 61 (Types of child protection orders) 17
Section 61, `any of the following child protection orders it'-- 18
omit, insert-- 19
`any 1 or more of the following child protection orders that 20
the court'. 21
Clause 43 Amendment of s 65 (Variation and revocation of child 22
protection orders) 23
(1) Section 65(6), `necessary to protect the child'-- 24
omit, insert-- 25
`appropriate and desirable for the child's protection'. 26
(2) Section 65(7)-- 27
omit, insert-- 28
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Child Protection and Other Acts Amendment Bill 2010
Part 2 Amendment of Child Protection Act 1999
[s 44]
`(7) Without limiting the things to which the court may have 1
regard in deciding an application under this section, the 2
court-- 3
(a) may have regard to a contravention of the child 4
protection order or this Act; and 5
(b) for an application to revoke a child protection order 6
granting long-term guardianship of a child under section 7
61(f)(i) or (ii)--must have regard to the child's need for 8
emotional security and stability.'. 9
Clause 44 Insertion of new ch 2, pt 4, div 4 10
Chapter 2, part 4-- 11
insert-- 12
`Division 4 Transition orders 13
`65A Court may make transition order 14
`(1) This section applies if a court-- 15
(a) in relation to a child protection order granted under 16
section 61(d) or (e)-- 17
(i) refuses to extend the order or grant a further order 18
before the order ends; or 19
(ii) revokes the order; or 20
(iii) decides an appeal against the making of the order 21
in favour of a person other than the chief executive; 22
or 23
(b) in relation to a child protection order granted under 24
section 61(f)-- 25
(i) revokes the order; or 26
(ii) decides an appeal against the making of the order 27
in favour of a person other than the chief executive. 28
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Part 2 Amendment of Child Protection Act 1999
[s 44]
`(2) The court may make an order (a transition order) that the 1
child protection order ends on a later day stated in the 2
transition order. 3
`(3) The transition order may be made on the court's own initiative 4
or on the application, made orally or in the approved form, of 5
a party to the proceeding. 6
`(4) If a party applies for the transition order and the court 7
adjourns the proceeding before deciding the application, the 8
child protection order continues in force, despite the decision 9
mentioned in subsection (1), until the application is decided. 10
`(5) The day stated in the transition order as the day on which the 11
child protection order ends may not be more than 28 days 12
after the day of the court's decision under subsection (1), even 13
if a party applied for the transition order and the court 14
adjourned the proceeding before deciding the application. 15
`(6) The court may make a transition order in a proceeding only 16
once. 17
`65B Grounds for making transition order 18
`(1) A court may make a transition order if satisfied the order is 19
necessary to allow for the gradual transition of the child into 20
the care of the child's parents in a way that-- 21
(a) supports the child; and 22
(b) may reduce any disruption or distress experienced by 23
the child; and 24
(c) is otherwise in the best interests of the child. 25
`(2) When deciding whether to make a transition order-- 26
(a) the court must have regard to-- 27
(i) the child's wishes and views, if able to be 28
ascertained; and 29
(ii) the parents' readiness to care for the child; and 30
(b) the court may have regard to any other relevant matter. 31
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Child Protection and Other Acts Amendment Bill 2010
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[s 45]
Example for paragraph (b)-- 1
The court may have regard to information, from the person 2
caring for the child under the child protection order, about the 3
child's needs. 4
`65C Effect of stay of decision about child protection order 5
`If, under section 119, an appellate court stays a decision 6
mentioned in section 65A(1), a transition order made in 7
relation to the decision ends on the day the decision is stayed. 8
`65D Transition plans 9
`If the court makes a transition order in relation to a child, the 10
chief executive must prepare a plan, for the period of the 11
transition order, that-- 12
(a) states how the chief executive intends to provide for the 13
support and gradual transition of the child into the care 14
of the child's parents; and 15
(b) includes matters prescribed under a regulation for 16
inclusion in the plan.'. 17
Clause 45 Amendment of s 67 (Court's powers to make interim 18
orders on adjournment) 19
(1) Section 67(1), `all or any'-- 20
omit, insert-- 21
`any 1 or more'. 22
(2) Section 67(1)-- 23
insert-- 24
`(c) an interim order authorising an authorised officer or 25
police officer to have contact with the child.'. 26
(3) Section 67(2) and (3)-- 27
renumber as section 67(5) and (6). 28
(4) Section 67-- 29
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Part 2 Amendment of Child Protection Act 1999
[s 46]
insert-- 1
`(2) In addition, the court may make an interim order authorising 2
an authorised officer or police officer to enter and search any 3
place the officer reasonably believes the child is, to find the 4
child, if the court is satisfied-- 5
(a) entry to a place has been, or is likely to be, refused, or it 6
is otherwise justified in particular circumstances, 7
including, for example, because the child's whereabouts 8
are not known; and 9
(b) the entry is necessary for the effective enforcement of an 10
order made under subsection (1)(c). 11
`(3) On entering a place, an authorised officer or police officer 12
may remain in the place for as long as the officer considers 13
necessary for exercising the officer's powers under this 14
section. 15
`(4) An authorised officer or police officer may exercise the 16
officer's powers under the order with the help, and using the 17
force, that is reasonable in the circumstances.'. 18
(5) Section 67(6), as renumbered, definition parent, paragraphs 19
(c) and (d)-- 20
omit, insert-- 21
`(c) a person, other than the chief executive, having custody 22
or guardianship of the child under-- 23
(i) a law of the State, other than this Act; or 24
(ii) a law of another State; 25
(d) a long-term guardian of the child.'. 26
Clause 46 Insertion of new s 67A 27
After section 67-- 28
insert-- 29
Page 47
Child Protection and Other Acts Amendment Bill 2010
Part 2 Amendment of Child Protection Act 1999
[s 47]
`67A Order--procedure before entry 1
`(1) This section applies if an authorised officer or police officer is 2
intending to enter a place under an authority under an interim 3
order mentioned in section 67(2). 4
`(2) Before entering the place, the officer must do or make a 5
reasonable attempt to do the following things-- 6
(a) identify himself or herself to a person present at the 7
place who is an occupier of the place; 8
(b) give the person a copy of the order so far as it relates to 9
the entry and searching of the place; 10
(c) tell the person the officer is permitted by the order to 11
enter and search the place to find the child; 12
(d) give the person an opportunity to allow the officer 13
immediate entry to the place without using force. 14
`(3) For subsection (2)(a), an authorised officer must produce the 15
officer's identity card to the person for inspection. 16
Editor's note-- 17
For a police officer, see the Police Powers and Responsibilities Act 18
2000, section 637 (Supplying police officer's details). 19
`(4) However, the officer need not comply with subsection (2) if 20
the officer reasonably believes that immediate entry to the 21
place is required to ensure the effective exercise of powers 22
under the order is not frustrated.'. 23
Clause 47 Insertion of new s 80A 24
Chapter 2, part 6, division 3, after section 80-- 25
insert-- 26
`80A Obligations if child is no longer cared for by 27
long-term guardian 28
`(1) This section applies if-- 29
(a) a child protection order granting long-term guardianship 30
of a child under section 61(f)(i) or (ii) is in force; and 31
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Child Protection and Other Acts Amendment Bill 2010
Part 2 Amendment of Child Protection Act 1999
[s 48]
(b) the child is no longer cared for by the child's long-term 1
guardian. 2
Examples of situations where a child may no longer be cared for by 3
the child's long-term guardian-- 4
1 The child is an older child transitioning to independent 5
living. 6
2 The relationship between the child and the long-term 7
guardian has broken down to the point where the child is 8
unable to live with the long-term guardian. 9
`(2) The long-term guardian must immediately give the chief 10
executive written notice that the care has ended and, if the 11
long-term guardian knows where the child is living, that 12
information. 13
`(3) If the chief executive is given notice under subsection (2), the 14
chief executive must review the child's protection and care 15
needs, and wellbeing, and take any further action the chief 16
executive considers appropriate.'. 17
Clause 48 Amendment of s 95 (Report about person's criminal 18
history etc.) 19
(1) Section 95(1)(b), from `be the child's carer'-- 20
omit, insert-- 21
`care for the child (the proposed individual). 22
Example for paragraph (b)-- 23
A child is placed in the care of a member of the child's family as 24
part of a plan for reunification with the child's parents.'. 25
(2) Section 95(2)(a)(ii)-- 26
omit, insert-- 27
`(ii) the proposed individual or an adult member of the 28
proposed individual's household; and'. 29
(3) Section 95(2)(b), `carer'-- 30
omit, insert-- 31
`individual'. 32
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Child Protection and Other Acts Amendment Bill 2010
Part 2 Amendment of Child Protection Act 1999
[s 49]
(4) Section 95(3), from `if' to `section 14'-- 1
omit, insert-- 2
`for the purpose of making any other decision under this Act'. 3
(5) Section 95(3)(a)(iii)-- 4
omit, insert-- 5
`(iii) an adult against whom an allegation of harm or risk 6
of harm to a child has been made; and'. 7
Clause 49 Amendment of s 97 (Carrying out medical examinations 8
or treatment) 9
Section 97(1)(a)(ii), editor's note, `section 18(6)'-- 10
omit, insert-- 11
`section 18(7)'. 12
Clause 50 Amendment of s 99 (Custody or guardianship of child 13
continues pending decision on application for order) 14
Section 99(2)-- 15
omit, insert-- 16
`(2) The order granting the custody or guardianship of the child 17
continues until the application is decided unless the Childrens 18
Court orders an earlier end to the order. 19
`(3) This section does not affect the application of section 67 in 20
relation to the child.'. 21
Clause 51 Amendment of s 99D (Principles for tribunal in matters 22
relating to this Act) 23
Section 99D, `section 5'-- 24
omit, insert-- 25
`sections 5A to 5C, to the extent the principles are relevant'. 26
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Child Protection and Other Acts Amendment Bill 2010
Part 2 Amendment of Child Protection Act 1999
[s 52]
Clause 52 Amendment of s 99H (Constitution of tribunal) 1
Section 99H(4)(a), `section 5'-- 2
omit, insert-- 3
`sections 5A to 5C'. 4
Clause 53 Replacement of s 104 (Court's paramount consideration) 5
Section 104-- 6
omit, insert-- 7
`104 Court must have regard to particular principles and 8
state reasons 9
`(1) In exercising its jurisdiction or powers, the Childrens Court 10
must have regard to the principles stated in sections 5A to 5C, 11
to the extent the principles are relevant. 12
`(2) When making a decision under this Act, the Childrens Court 13
must state its reasons for the decision.'. 14
Clause 54 Amendment of s 110 (Separate legal representation of 15
child) 16
Section 110-- 17
insert-- 18
`(4) The lawyer is not a party to a proceeding on the application 19
but-- 20
(a) must do anything required to be done by a party; and 21
(b) may do anything permitted to be done by a party. 22
`(5) The parties to the proceeding must act in relation to the 23
proceeding as if the lawyer were a party to the proceeding. 24
`(6) The lawyer's role as the child's separate legal representative 25
ends when-- 26
(a) the application is decided or withdrawn; or 27
(b) if there is an appeal in relation to the application--the 28
appeal is decided or withdrawn.'. 29
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Child Protection and Other Acts Amendment Bill 2010
Part 2 Amendment of Child Protection Act 1999
[s 55]
Clause 55 Amendment of s 113 (Court may hear submissions from 1
non-parties to proceeding) 2
(1) Section 113(1), after `persons'-- 3
insert-- 4
`(each a non-party)'. 5
(2) Section 113(2), `person's'-- 6
omit, insert-- 7
`non-party's'. 8
(3) Section 113-- 9
insert-- 10
`(3) The court may allow the non-party to view a document or 11
other information before the court on the application if the 12
court is satisfied-- 13
(a) the document or information is relevant to a submission 14
the non-party may make to the court; and 15
(b) the non-party needs to view the document or 16
information to make the submission; and 17
(c) it is in the child's best interests for the non-party to view 18
the document or information; and 19
(d) each person to whom the document or information 20
relates-- 21
(i) has been informed that the document or 22
information may be viewed by the non-party; and 23
(ii) has been given a reasonable opportunity to make 24
submissions to the court about the non-party being 25
allowed to view the document or information.'. 26
Clause 56 Amendment of s 117 (Who may appeal) 27
(1) Section 117(1), after `order'-- 28
insert-- 29
`or a temporary custody order'. 30
Page 52
Child Protection and Other Acts Amendment Bill 2010
Part 2 Amendment of Child Protection Act 1999
[s 57]
(2) Section 117(3), definition parent, paragraphs (c) and (d)-- 1
omit, insert-- 2
`(c) a person, other than the chief executive, having custody 3
or guardianship of the child under-- 4
(i) a law of the State, other than this Act; or 5
(ii) a law of another State; 6
(d) a long-term guardian of the child.'. 7
Clause 57 Amendment of s 120 (Hearing procedures) 8
Section 120(1), after `order'-- 9
insert-- 10
`or a temporary custody order'. 11
Clause 58 Amendment of s 122 (Statement of standards) 12
Section 122(1), `section 82'-- 13
omit, insert-- 14
`section 82(1)'. 15
Clause 59 Amendment of s 126 (Restrictions on granting 16
application) 17
(1) Section 126(e)-- 18
omit, insert-- 19
`(e) the standard of care provided complies, and will 20
continue to comply, with the statement of standards; 21
and'. 22
(2) Section 126-- 23
insert-- 24
`(g) the applicant's primary function is a function relating to 25
the care of children in need of protection who are in the 26
custody or guardianship of the chief executive; and 27
Page 53
Child Protection and Other Acts Amendment Bill 2010
Part 2 Amendment of Child Protection Act 1999
[s 60]
(h) any accommodation provided by the applicant to 1
children in need of protection is, and will continue to be, 2
at a place that the applicant has a suitable right to 3
occupy. 4
Example of a place that an applicant has a suitable right to 5
occupy-- 6
residential premises leased, rented or owned by the applicant 7
Example of a place that an applicant does not have a suitable right 8
to occupy-- 9
a motel room booked by the applicant'. 10
Clause 60 Insertion of new 129A 11
After section 129-- 12
insert-- 13
`129A Licensee's obligations 14
`A licensee must ensure that-- 15
(a) care services provided by the licensee comply with the 16
standards of care stated in the statement of standards; 17
and 18
(b) each person the licensee engages to provide care 19
services is a suitable person; and 20
(c) for carrying on a regulated business or employing 21
persons in regulated employment under the 22
Commissioner's Act--the Commissioner's Act, chapter 23
8 is complied with.'. 24
Clause 61 Amendment of s 130 (Nominees) 25
Section 130(1)-- 26
omit, insert-- 27
`(1) The nominee for a licence is responsible for ensuring the 28
licensee complies with section 129A unless-- 29
(a) if the nominee is in a position to influence the conduct 30
of the licensee in relation to the licensee's 31
Page 54
Child Protection and Other Acts Amendment Bill 2010
Part 2 Amendment of Child Protection Act 1999
[s 62]
compliance--the nominee took reasonable steps to 1
ensure the licensee complied; or 2
(b) the nominee was not in a position to influence the 3
conduct of the licensee in relation to the licensee's 4
compliance.'. 5
Clause 62 Amendment of s 136D (Issue of certificate) 6
Section 136D-- 7
insert-- 8
`(7) If the approved carer starts to live with his or her spouse after 9
the issue of the certificate but before its expiry day, the 10
certificate continues to have effect until the day mentioned in 11
subsection (6).'. 12
Clause 63 Amendment of s 140AB (Definitions for sdiv 3) 13
(1) Section 140AB, definition disqualifying event-- 14
omit. 15
(2) Section 140AB-- 16
insert-- 17
`prohibiting event, for a person, means-- 18
(a) the person is issued with or given a negative prescribed 19
notice or negative exemption notice other than-- 20
(i) under a prescribed provision; or 21
(ii) on cancellation of a positive prescribed notice or 22
positive exemption notice that is suspended; or 23
(b) the person's positive prescribed notice or positive 24
exemption notice is suspended; or 25
(c) an application for a prescribed notice or exemption 26
notice about the person is withdrawn.'. 27
Page 55
Child Protection and Other Acts Amendment Bill 2010
Part 2 Amendment of Child Protection Act 1999
[s 64]
Clause 64 Amendment of s 140AC (Immediate suspension) 1
Section 140AC(1), (2) and (5), `disqualifying event'-- 2
omit, insert-- 3
`prohibiting event'. 4
Clause 65 Amendment of s 140AF (End of suspension) 5
Section 140AF(2), `disqualifying event'-- 6
omit, insert-- 7
`prohibiting event'. 8
Clause 66 Amendment of s 159 (Payments for care and 9
maintenance) 10
(1) Section 159(1), after `a child's carer'-- 11
insert-- 12
`or long-term guardian'. 13
(2) Section 159(3) and (4)-- 14
renumber as section 159(4) and (5). 15
(3) Section 159-- 16
insert-- 17
`(3) A payment may be made to the person or the person's carer 18
under subsection (2) whether the person is a child or an 19
adult.'. 20
(4) Section 159(5), as renumbered, after `carers'-- 21
insert-- 22
`or long-term guardians'. 23
Clause 67 Amendment of s 159A (Purpose) 24
Section 159A, after `needs of children'-- 25
Page 56
Child Protection and Other Acts Amendment Bill 2010
Part 2 Amendment of Child Protection Act 1999
[s 68]
insert-- 1
`and promote their wellbeing'. 2
Clause 68 Amendment of s 159B (Principles for coordinating 3
service delivery and exchanging information) 4
(1) Section 159B, after paragraph (a)-- 5
insert-- 6
`(aa) the State is responsible for ensuring that children and 7
families receive the family support services that they 8
need in order to decrease the likelihood of the children 9
becoming in need of protection;'. 10
(2) Section 159B(d), after `protection'-- 11
insert-- 12
`, and children who may become in need of protection,'. 13
(3) Section 159B(f), `welfare'-- 14
omit, insert-- 15
`safety, wellbeing'. 16
(4) Section 159B(f), editor's note-- 17
omit. 18
(5) Section 159B(aa) to (f)-- 19
renumber as section 159B(b) to (g) 20
Clause 69 Insertion of new s 159BA 21
After section 159B-- 22
insert-- 23
`159BA Who is a relevant child 24
`In this chapter-- 25
relevant child means-- 26
(a) a child in need of protection; or 27
Page 57
Child Protection and Other Acts Amendment Bill 2010
Part 2 Amendment of Child Protection Act 1999
[s 70]
(b) a child who may become a child in need of protection if 1
preventative support is not given to the child or the 2
child's family.'. 3
Clause 70 Amendment of s 159C (What is relevant information) 4
(1) Section 159C(1), definition relevant information, paragraph 5
(a)(ii)-- 6
omit, insert-- 7
`(ii) help the chief executive take action, or decide if he 8
or she reasonably suspects a child is in need of 9
protection, under section 14; or'. 10
(2) Section 159C(1), definition relevant information, paragraph 11
(a)(vi) and (vii), `child in need of protection'-- 12
omit, insert-- 13
`relevant child'. 14
(3) Section 159C(1), definition relevant information, paragraph 15
(b)(ii) and (iii)-- 16
renumber as paragraph (b)(iv) and (v). 17
(4) Section 159C(1), definition relevant information, paragraph 18
(b)-- 19
insert-- 20
`(ii) decide whether information about an unborn child 21
who may need protection after birth should be 22
given to the chief executive; or 23
(iii) help the chief executive to offer help and support to 24
a pregnant woman under section 21A; or'. 25
(5) Section 159C(1), definition relevant information-- 26
insert-- 27
`(c) in relation to the chief executive giving information to a 28
service provider under section 159M(4)--information 29
that the chief executive reasonably believes may help 30
the service provider to-- 31
Page 58
Child Protection and Other Acts Amendment Bill 2010
Part 2 Amendment of Child Protection Act 1999
[s 71]
(i) assess or respond to the health, educational or care 1
needs of a relevant child; or 2
(ii) otherwise make plans or decisions relating to, or 3
provide services to, a relevant child or the child's 4
family.'. 5
(6) Section 159C(2)-- 6
omit, insert-- 7
`(2) Relevant information may be information about-- 8
(a) a relevant child, the child's family or someone else; or 9
(b) a pregnant woman or her unborn child.'. 10
(7) Section 159C-- 11
insert-- 12
`(5) Relevant information does not include information mentioned 13
in subsection (1), definition relevant information, paragraph 14
(b)(ii) or (iii) unless the mother of the unborn child or 15
pregnant woman agrees to the information being provided to 16
the other service provider before it is provided.'. 17
Clause 71 Amendment of s 159D (Other definitions for ch 5A) 18
Section 159D, definition service provider-- 19
insert-- 20
`(c) a recognised entity.'. 21
Clause 72 Replacement of s 159F (Service providers' 22
responsibilities) 23
Section 159F-- 24
omit, insert-- 25
`159F Service providers' responsibilities 26
`Service providers must take reasonable steps to coordinate 27
decision-making and the delivery of services to relevant 28
children and their families in order to appropriately and 29
Page 59
Child Protection and Other Acts Amendment Bill 2010
Part 2 Amendment of Child Protection Act 1999
[s 73]
effectively meet the protection and care needs of children and 1
support their families.'. 2
Clause 73 Amendment of s 159G (Chief executive's responsibilities) 3
(1) Section 159G(1)(a), `and child protection services'-- 4
omit, insert-- 5
`, child protection services and family support services'. 6
(2) Section 159G(1)(b)(ii), `welfare'-- 7
omit, insert-- 8
`wellbeing'. 9
Clause 74 Amendment of s 159M (Particular prescribed entities 10
giving and receiving relevant information) 11
Section 159M-- 12
insert-- 13
`(4) The chief executive may give, to any other service provider, 14
relevant information mentioned in section 159C(1), definition 15
relevant information, paragraph (c).'. 16
Clause 75 Amendment of s 159O (Release of information by a health 17
services designated person) 18
Section 159O(1)(a) and (2), `welfare'-- 19
omit, insert-- 20
`wellbeing'. 21
Clause 76 Amendment of 159R (Interaction with other laws) 22
Section 159R(2), examples-- 23
omit, insert-- 24
`Examples of other laws for subsection (2)-- 25
· Education (General Provisions) Act 2006, section 426 26
Page 60
Child Protection and Other Acts Amendment Bill 2010
Part 2 Amendment of Child Protection Act 1999
[s 77]
· Health Services Act 1991, section 62A(1) 1
· Youth Justice Act 1992, section 288 2
· Police Service Administration Act 1990, section 10.1'. 3
Clause 77 Amendment of s 171 (Application for warrant for 4
apprehension of child) 5
(1) Section 171(2), `application must be sworn and state'-- 6
omit, insert-- 7
`officer must prepare a written application that states'. 8
(2) Section 171(3)-- 9
renumber as section 171(4). 10
(3) Section 171-- 11
insert-- 12
`(3) The written application must be sworn.'. 13
Clause 78 Replacement of s 173 (Special warrants) 14
Section 173-- 15
omit, insert-- 16
`173 Application by particular forms of communication 17
and duplicate warrant 18
`(1) An application under section 171 may be made by phone, fax, 19
radio or another form of communication if the authorised 20
officer or police officer reasonably considers it necessary 21
because of-- 22
(a) urgent circumstances; or 23
(b) other special circumstances (including, for example, the 24
officer's remote location). 25
`(2) The application-- 26
(a) may not be made before the officer prepares the written 27
application under section 171(2); but 28
Page 61
Child Protection and Other Acts Amendment Bill 2010
Part 2 Amendment of Child Protection Act 1999
[s 78]
(b) may be made before the written application is sworn. 1
`(3) The magistrate may issue the warrant (the original warrant) 2
only if the magistrate is satisfied-- 3
(a) it was necessary to make the application under 4
subsection (1); and 5
(b) the way the application was made under subsection (1) 6
was appropriate. 7
`(4) After the magistrate issues the original warrant-- 8
(a) if there is a reasonably practicable way of immediately 9
giving a copy of the warrant to the officer (for example, 10
by sending a copy by fax), the magistrate must 11
immediately give a copy of the warrant to the officer; or 12
(b) otherwise-- 13
(i) the magistrate must tell the officer the date and 14
time the warrant is issued and the other terms of 15
the warrant; and 16
(ii) the officer must complete a form of warrant, 17
including by writing on it-- 18
(A) the magistrate's name; and 19
(B) the date and time the magistrate issued the 20
warrant; and 21
(C) the other terms of the warrant. 22
`(5) The copy of the warrant mentioned in subsection (4)(a), or the 23
form of warrant completed under subsection (4)(b) (in either 24
case the duplicate warrant), is a duplicate of, and as effectual 25
as, the original warrant. 26
`(6) The officer must, at the first reasonable opportunity, send to 27
the magistrate-- 28
(a) the written application complying with section 171(2) 29
and (3); and 30
(b) if the officer completed a form of warrant under 31
subsection (4)(b)--the completed form of warrant. 32
Page 62
Child Protection and Other Acts Amendment Bill 2010
Part 2 Amendment of Child Protection Act 1999
[s 79]
`(7) The magistrate must keep the original warrant and, on 1
receiving the documents under subsection (6)-- 2
(a) attach the documents to the original warrant; and 3
(b) give the original warrant and documents to the clerk of 4
the court of the relevant magistrates court. 5
`(8) Despite subsection (7), if-- 6
(a) an issue arises in a proceeding about whether an 7
exercise of a power was authorised by a warrant issued 8
under this section; and 9
(b) the original warrant is not produced in evidence; 10
the onus of proof is on the person relying on the lawfulness of 11
the exercise of the power to prove a warrant authorised the 12
exercise of the power.'. 13
Clause 79 Amendment of s 174 (Warrants--procedure before entry) 14
Section 174(2)(b)-- 15
omit, insert-- 16
`(b) give the person a copy of the warrant or, if the entry is 17
authorised by a duplicate warrant under section 173(5), 18
a copy of the duplicate warrant;'. 19
Clause 80 Amendment of s 186 (Confidentiality of notifiers of harm 20
or risk of harm) 21
Section 186(5)(a), `welfare'-- 22
omit, insert-- 23
`wellbeing'. 24
Clause 81 Amendment of s 187 (Confidentiality of information 25
obtained by persons involved in administration of Act) 26
(1) Section 187(1)(a)(x), `and'-- 27
omit, insert-- 28
Page 63
Child Protection and Other Acts Amendment Bill 2010
Part 2 Amendment of Child Protection Act 1999
[s 82]
`or'. 1
(2) Section 187(1)(a)-- 2
insert-- 3
`(xi) a person allowed to view a document or 4
information under section 113; and'. 5
(3) Section 187(3)(b), `welfare'-- 6
omit, insert-- 7
`wellbeing'. 8
(4) Section 187(3)(c)(iii), `division'-- 9
omit, insert-- 10
`Act (including, for example, this division or section 159M)'. 11
Clause 82 Amendment of s 188 (Confidentiality of information given 12
by persons involved in administration of Act to other 13
persons) 14
(1) Section 188(3)(a), `welfare'-- 15
omit, insert-- 16
`wellbeing'. 17
(2) Section 188(3)(a) to (c)-- 18
renumber as section 188(3)(b) to (d). 19
(3) Section 188(3)-- 20
insert-- 21
`(a) if the use, disclosure or giving of access is authorised by 22
the chief executive under section 189B; or'. 23
Clause 83 Amendment of s 189A (Making information available for 24
Youth Justice Act 1992) 25
Section 189A(1) and (5), `juvenile'-- 26
Page 64
Child Protection and Other Acts Amendment Bill 2010
Part 2 Amendment of Child Protection Act 1999
[s 84]
omit, insert-- 1
`youth'. 2
Clause 84 Insertion of new s 189B 3
Chapter 6, part 6, division 2-- 4
insert-- 5
`189B Research 6
`(1) For the purpose of allowing a person to carry out research, the 7
chief executive may authorise the person to have access to 8
information relating to the administration of this Act, 9
including information from an officer of the department or a 10
client. 11
`(2) The chief executive may only authorise the person to have 12
access to the information if the chief executive is satisfied-- 13
(a) the research is consistent with a function of the chief 14
executive under section 7; and 15
(b) the information will be collected in a way that could not 16
reasonably be expected to result in the identification of 17
any of the individuals it relates to. 18
`(3) The chief executive may contact, or authorise the person to 19
contact, a client to ask if they would like to participate in the 20
research being carried out by the person. 21
`(4) The chief executive may authorise the person to use or 22
disclose the information, or give access to the information, to 23
someone else. 24
Note-- 25
Under section 188, the person must not use, disclose or give access to 26
the information unless it is authorised by the chief executive under this 27
section. 28
`(5) In this section -- 29
client means any of the following persons-- 30
(a) a child to whom this Act applies; 31
Page 65
Child Protection and Other Acts Amendment Bill 2010
Part 2 Amendment of Child Protection Act 1999
[s 85]
(b) a person who was a child to whom this Act applied; 1
(c) a member of the family of a person mentioned in 2
paragraph (a) or (b); 3
(d) an approved carer under this Act.'. 4
Clause 85 Amendment of s 195 (Compliance with provisions about 5
explaining and giving documents) 6
Section 195-- 7
insert-- 8
`(7) In this section-- 9
parent includes a long-term guardian of the child.'. 10
Clause 86 Amendment of s 199 (Further guiding principle) 11
Section 199(3), `section 5 or 104'-- 12
omit, insert-- 13
`the application of chapter 1, part 2, division 1 or section 104'. 14
Clause 87 Amendment of s 205 (Meaning of parent for ch 7) 15
Section 205, definition parent, paragraphs (c) and (d)-- 16
omit, insert-- 17
`(c) a person, other than the chief executive, having custody 18
or guardianship of the child under-- 19
(i) a law of the State, other than this Act; or 20
(ii) a law of another State; 21
(d) a long-term guardian of the child.'. 22
Clause 88 Amendment of s 210 (Notice of decision) 23
Section 210(2), `3 days'-- 24
Page 66
Child Protection and Other Acts Amendment Bill 2010
Part 2 Amendment of Child Protection Act 1999
[s 89]
omit, insert-- 1
`3 business days'. 2
Clause 89 Amendment of s 246A (Chief executive to review 3
department's involvement with particular children) 4
Section 246A(1)(b)(i)(A), after `child'-- 5
insert-- 6
`in the course of performing functions under or relating to the 7
administration of this Act'. 8
Clause 90 Amendment of s 246C (Chief executive may seek 9
information from entities) 10
Section 246C, `welfare'-- 11
omit, insert-- 12
`wellbeing'. 13
Clause 91 Amendment of s 246E (Protection from liability for giving 14
information to chief executive) 15
(1) Section 246E(2)-- 16
omit, insert-- 17
`(2) The person is not liable, civilly, criminally or under an 18
administrative process, for giving the information.'. 19
(2) Section 246E(4)-- 20
omit, insert-- 21
`(4) Without limiting subsections (2) and (3)-- 22
(a) in a proceeding for defamation, the person has a defence 23
of absolute privilege for publishing the information; and 24
(b) if the person would otherwise be required to maintain 25
confidentiality about the information under an Act, oath 26
or rule of law or practice, the person-- 27
Page 67
Child Protection and Other Acts Amendment Bill 2010
Part 2 Amendment of Child Protection Act 1999
[s 92]
(i) does not contravene the Act, oath or rule of law or 1
practice by giving the information; and 2
(ii) is not liable to disciplinary action for giving the 3
information.'. 4
Clause 92 Amendment of sch 2 (Reviewable decisions and 5
aggrieved persons) 6
Schedule 2, table, before the first entry-- 7
insert-- 8
`refusing a request to review a case the person making the request'.
plan under section 51VA
Clause 93 Amendment of sch 3 (Dictionary) 9
(1) Schedule 3, definitions criminal history, disqualifying event, 10
member of a person's household and parent-- 11
omit. 12
(2) Schedule 3-- 13
insert-- 14
`charge, of an offence, means a charge in any form, including, 15
for example, the following-- 16
(a) a charge on an arrest; 17
(b) a notice to appear served under the Police Powers and 18
Responsibilities Act 2000, section 382; 19
(c) a complaint under the Justices Act 1886; 20
(d) a charge by a court under the Justices Act 1886, section 21
42(1A), or another provision of an Act; 22
(e) an indictment. 23
criminal history, of a person, means all of the following-- 24
Page 68
Child Protection and Other Acts Amendment Bill 2010
Part 2 Amendment of Child Protection Act 1999
[s 93]
(a) every conviction of the person for an offence, in 1
Queensland or elsewhere, and whether before or after 2
the commencement of this definition, including spent 3
convictions; 4
(b) every charge made against the person for an offence, in 5
Queensland or elsewhere, and whether before or after 6
the commencement of this definition; 7
(c) every disqualification order made under the Commission 8
for Children and Young People and Child Guardian Act 9
2000 in relation to the person, whether before or after 10
the commencement of this definition; 11
(d) every disqualification order and offender prohibition 12
order made under the Child Protection (Offender 13
Prohibition Order) Act 2008 in relation to the person, 14
whether before or after the commencement of this 15
definition. 16
long-term guardian, of a child, means a person, other than the 17
chief executive, who is granted long-term guardianship of the 18
child under a child protection order. 19
Note-- 20
See section 61(f)(i) and (ii). 21
member, of a person's household-- 22
(a) includes-- 23
(i) someone who lives in the person's home; and 24
(ii) an adult who, because of the nature of their contact 25
with the child in need of protection and the context 26
in which that contact happens, may create an 27
unacceptable level of risk to the child; but 28
(b) does not include a parent of the child living in the 29
person's home if the child was placed in the care of the 30
person under section 82(1). 31
parent for-- 32
(a) chapter 2, part 2--see section 23; or 33
(b) chapter 2, part 3--see section 37; or 34
Page 69
Child Protection and Other Acts Amendment Bill 2010
Part 2 Amendment of Child Protection Act 1999
[s 93]
(c) chapter 2, part 3AA--see section 51AA; or 1
(d) chapter 2, part 3A, see section 51F; or 2
(e) chapter 2, part 4--see section 52; or 3
(f) chapter 7--see section 205; or 4
(g) other provisions--see section 11. 5
Editor's note-- 6
The definition parent applying to the provisions mentioned in 7
paragraphs (a) to (f) is the same. 8
prohibiting event, for chapter 4, part 2, division 4, subdivision 9
3, see section 140AB. 10
relevant child, for chapter 5A, see section 159BA. 11
spent conviction means a conviction-- 12
(a) for which the rehabilitation period under the Criminal 13
Law (Rehabilitation of Offenders) Act 1986 has expired 14
under the Act; and 15
(b) that is not revived as prescribed by section 11 of that 16
Act. 17
temporary custody order means an order under chapter 2, part 18
3AA. 19
transition order see section 65A(2).'. 20
(3) Schedule 3, definition carer, `section 82'-- 21
omit, insert-- 22
`section 82(1)'. 23
Page 70
Child Protection and Other Acts Amendment Bill 2010
Part 3 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 94]
Part 3 Amendment of Commission for 1
Children and Young People and 2
Child Guardian Act 2000 3
Clause 94 Act amended 4
This part amends the Commission for Children and Young 5
People and Child Guardian Act 2000. 6
Clause 95 Replacement of s 36 (Employment screening of 7
commission's staff) 8
Section 36-- 9
omit, insert-- 10
`36 Screening of commission's staff 11
`Chapter 8A provides for screening of the commission's staff. 12
Editor's note-- 13
Chapter 8A (Criminal history checks, and assessing suitability, of 14
persons engaged by the commission)'. 15
Clause 96 Amendment of s 62 (Grounds for not dealing with 16
complaint) 17
Section 62(1)(b)(iv), `Coroner's'-- 18
omit, insert-- 19
`Coroners'. 20
Clause 97 Amendment of s 107 (Appointment) 21
Section 107(7)-- 22
insert-- 23
`Note-- 24
See also chapter 8A in relation to the appointment of a community 25
visitor.'. 26
Page 71
Child Protection and Other Acts Amendment Bill 2010
Part 3 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 98]
Clause 98 Amendment of s 156 (Employment and businesses 1
regulated by this chapter) 2
Section 156(2), after `employment'-- 3
insert-- 4
`, or the carrying on of a business,'. 5
Clause 99 Amendment of s 176 (Giving notification under pt 4) 6
(1) Section 176(2)(b)-- 7
omit, insert-- 8
`(b) if the employer did not give the certification mentioned 9
in subsection (3)(b)--be accompanied by the alternative 10
certifications relating to the employee.'. 11
(2) Section 176(3)(b)-- 12
omit, insert-- 13
`(b) certification by the employer that the employer has 14
sighted the employee's proof of identity documents.'. 15
Clause 100 Amendment of s 178 (Application for an eligibility 16
declaration) 17
(1) Section 178(3)(b) and (4)(a), `person'-- 18
omit, insert-- 19
`applicant'. 20
(2) Section 178(4)(b), from `documents' to `regulation'-- 21
omit, insert-- 22
`applicant's proof of identity documents'. 23
Clause 101 Amendment of s 200 (Form of application) 24
(1) Section 200(1)(d)-- 25
omit, insert-- 26
Page 72
Child Protection and Other Acts Amendment Bill 2010
Part 3 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 102]
`(d) if the applicant did not sight the documents as 1
mentioned in subsection (2)(b)--be accompanied by the 2
alternative certifications relating to the employee.'. 3
(2) Section 200(2)(b)-- 4
omit, insert-- 5
`(b) certification by the applicant that the applicant has 6
sighted the employee's proof of identity documents; 7
and'. 8
Clause 102 Amendment of s 212 (Form of application) 9
Section 212(2)(b), from `documents' to `regulation'-- 10
omit, insert-- 11
`applicant's proof of identity documents'. 12
Clause 103 Amendment of s 249 (Giving notification under pt 5) 13
(1) Section 249(2)(b)-- 14
omit, insert-- 15
`(b) if the employer did not give the certification mentioned 16
in subsection (3)(b)--be accompanied by the alternative 17
certifications relating to the employee.'. 18
(2) Section 249(3)(b)-- 19
omit, insert-- 20
`(b) certification by the employer that the employer has 21
sighted the employee's proof of identity documents.'. 22
Clause 104 Amendment of s 261 (Form of application) 23
(1) Section 261(1)(d)-- 24
omit, insert-- 25
`(d) if the applicant did not sight the documents as 26
mentioned in subsection (2)(b)--be accompanied by the 27
alternative certifications relating to the employee.'. 28
Page 73
Child Protection and Other Acts Amendment Bill 2010
Part 3 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 105]
(2) Section 261(2)(b)-- 1
omit, insert-- 2
`(b) certification by the applicant that the applicant has 3
sighted the employee's proof of identity documents; 4
and'. 5
Clause 105 Amendment of s 273 (Form of application) 6
Section 273(2)(b), from `documents' to `regulation'-- 7
omit, insert-- 8
`applicant's proof of identity documents'. 9
Clause 106 Amendment of s 343 (Commissioner must give 10
information about particular approved teachers to 11
college of teachers) 12
(1) Section 343, heading, `approved teachers'-- 13
omit, insert-- 14
`persons'. 15
(2) Section 343(1) and (2)-- 16
omit, insert-- 17
`(1) This section applies if the commissioner-- 18
(a) has, under the Education (Queensland College of 19
Teachers) Act 2005, section 15D, advised the college of 20
teachers that an applicant for registration or permission 21
to teach under that Act holds a positive notice; and 22
(b) the commissioner reasonably believes the person is still 23
an applicant for registration or permission to teach under 24
that Act. 25
`(2) If the person's positive notice is suspended or cancelled under 26
part 4, division 11 or expires under section 231, the 27
commissioner must give the college written notice of the 28
suspension, cancellation or expiry.'. 29
(3) Section 343(4), from `complying'-- 30
Page 74
Child Protection and Other Acts Amendment Bill 2010
Part 3 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 107]
omit, insert-- 1
`stating the college may need to have regard to the matters 2
mentioned in the Education (Queensland College of Teachers) 3
Act 2005, section 11(1) for deciding whether the applicant is 4
suitable to teach.'. 5
Clause 107 Amendment of s 345 (Use of information obtained under 6
this chapter about a person) 7
Section 345-- 8
insert-- 9
`(2) However, the commissioner may use information about a 10
person who is, or seeks to be, engaged by the commission for 11
deciding whether to obtain information about the person 12
under section 357P.'. 13
Clause 108 Amendment of s 349 (Replacement notice if change in 14
employment etc. details generally) 15
(1) Section 349(2)-- 16
omit, insert-- 17
`(2) However, this section does not apply if-- 18
(a) the holder of a positive notice is or was, during the term 19
of the positive notice-- 20
(i) employed in regulated employment as a volunteer; 21
or 22
(ii) carrying on a regulated business other than for 23
financial reward; and 24
(b) a relevant change within the meaning of section 350(7) 25
happens for the holder. 26
Note-- 27
See section 350 in relation to the holder of a positive notice to whom 28
circumstances mentioned in this subsection apply.'. 29
(2) Section 349(4) to (6)-- 30
Page 75
Child Protection and Other Acts Amendment Bill 2010
Part 3 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 109]
omit, insert-- 1
`(4) The commissioner may issue to the holder-- 2
(a) for the holder of a positive notice--a replacement 3
positive notice and, if the holder also has a positive 4
notice blue card, a replacement positive notice blue 5
card; or 6
(b) for the holder of a positive exemption notice--a 7
replacement positive exemption notice. 8
`(5) If the commissioner issues to the holder a replacement 9
positive notice, positive notice blue card or positive exemption 10
notice, the holder must return the replaced notice or card to 11
the commissioner within 14 days after receiving the 12
replacement notice or card. 13
Maximum penalty--10 penalty units. 14
`(6) The commissioner must cancel the previously held positive 15
notice, positive notice blue card or positive exemption notice 16
if the commissioner has issued a replacement notice or card.'. 17
Clause 109 Replacement of s 350 (Replacement notice if change from 18
employment as a volunteer to employment other than as 19
a volunteer etc.) 20
Section 350-- 21
omit, insert-- 22
`350 New notice if relevant change happens for volunteer or 23
person carrying on business other than for financial 24
reward 25
`(1) This section applies if-- 26
(a) the holder of a positive notice that is not suspended is or 27
was, during the term of the positive notice-- 28
(i) employed in regulated employment as a volunteer; 29
or 30
(ii) carrying on a regulated business other than for 31
financial reward; and 32
Page 76
Child Protection and Other Acts Amendment Bill 2010
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2000
[s 109]
(b) a relevant change happens for the holder. 1
`(2) The holder must, within 14 days after the relevant change give 2
notice, in the approved form, to the commissioner about the 3
relevant change. 4
Maximum penalty--10 penalty units. 5
`(3) The commissioner must issue to the holder a new positive 6
notice and, if the holder also has a positive notice blue card, a 7
new positive notice blue card if-- 8
(a) under subsection (7), the notice under subsection (2) is 9
accompanied by the prescribed application fee; and 10
(b) either-- 11
(i) the commissioner is not aware of any change in 12
disciplinary information or police information 13
about the person since the commissioner last made 14
an employment-screening decision about the 15
person; or 16
(ii) the commissioner-- 17
(A) is aware of a change in disciplinary 18
information or police information about the 19
person since the commissioner last made an 20
employment-screening decision about the 21
person; and 22
(B) after considering the change, decides not to 23
suspend or cancel the person's positive 24
notice. 25
`(4) Despite subsection (3), the commissioner is not required to 26
issue the new positive notice or new positive notice blue card 27
if the commissioner is deciding whether to cancel the positive 28
notice under section 237(1)(a), unless the commissioner 29
decides not to cancel the positive notice. 30
`(5) If the commissioner issues to the holder a new positive notice 31
or positive notice blue card, the holder must return the 32
person's previously held notice or card to the commissioner 33
within 14 days after receiving the new notice or card. 34
Page 77
Child Protection and Other Acts Amendment Bill 2010
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2000
[s 110]
Maximum penalty--10 penalty units. 1
`(6) The commissioner must cancel the previously held positive 2
notice or positive notice blue card if the commissioner has 3
issued a new prescribed notice or an exemption notice. 4
`(7) The notice under subsection (2) must be accompanied by the 5
prescribed application fee if the application for the positive 6
notice was made on the basis the holder was-- 7
(a) employed, or to be employed, in regulated employment 8
as a volunteer; or 9
(b) carrying on, or proposing to carry on, a business other 10
than for financial reward. 11
`(8) In this section-- 12
prescribed application fee means-- 13
(a) for a notice given under subsection (2) for a relevant 14
change mentioned in the definition relevant change, 15
paragraph (a)--the prescribed fee for a prescribed notice 16
application about a person employed in regulated 17
employment other than as a volunteer; or 18
(b) for a notice given under subsection (2) for a relevant 19
change mentioned in the definition relevant change, 20
paragraph (b)--the prescribed fee for a prescribed 21
notice application about a person carrying on a regulated 22
business for financial reward. 23
relevant change, for the holder of a positive notice, means the 24
holder-- 25
(a) becomes employed in regulated employment other than 26
as a volunteer; or 27
(b) starts carrying on a regulated business for financial 28
reward.'. 29
Clause 110 Insertion of new ch 8A 30
After section 357-- 31
insert-- 32
Page 78
Child Protection and Other Acts Amendment Bill 2010
Part 3 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 110]
`Chapter 8A Criminal history checks, 1
and assessing suitability, of 2
persons engaged by the 3
commission 4
`Part 1 Preliminary 5
`357A Purposes of ch 8A 6
`The purposes of this chapter are-- 7
(a) to enable the commissioner to obtain a prescribed notice 8
or exemption notice for persons who are to be engaged, 9
or to continue to be engaged, by the commission in 10
regulated employment; and 11
(b) to require persons who are to be engaged, or to continue 12
to be engaged, by the commission in child-related duties 13
to have a positive notice or positive exemption notice, 14
and to enable the commissioner to obtain a prescribed 15
notice or exemption notice for the persons; and 16
(c) to enable the commissioner to obtain the criminal 17
history of, and related information about, a person who 18
proposes to be, or is, engaged by the commission, so 19
that the commissioner can assess the person's suitability 20
to be, or continue to be, engaged by the commission. 21
`357B This chapter applies despite the Criminal Law 22
(Rehabilitation of Offenders) Act 1986 23
`This chapter applies to a person despite anything in the 24
Criminal Law (Rehabilitation of Offenders) Act 1986. 25
`357C Commissioner to advise of duties of disclosure etc. 26
`Before a person is engaged by the commission, the 27
commissioner must tell the person-- 28
Page 79
Child Protection and Other Acts Amendment Bill 2010
Part 3 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 110]
(a) of the person's duties of disclosure under this chapter; 1
and 2
(b) that the commissioner may obtain the information about 3
the person mentioned in section 357P; and 4
(c) that guidelines for dealing with information obtained by 5
the commissioner under this chapter are available from 6
the commissioner on request. 7
`Part 2 Disclosure of criminal history 8
`357D Person seeking to be engaged by commission must 9
disclose criminal history 10
`A person seeking to be engaged by the commission must 11
disclose to the commissioner, before being so engaged-- 12
(a) whether or not the person has a criminal history; and 13
(b) if the person has a criminal history--the person's 14
complete criminal history. 15
`357E Person engaged by commission must disclose 16
changes in criminal history 17
`(1) If there is a change in the criminal history of a person engaged 18
by the commission, the person must immediately disclose to 19
the commissioner the details of the change. 20
`(2) For a person who does not have a criminal history, there is 21
taken to be a change in the person's criminal history if the 22
person acquires a criminal history. 23
`357F Requirements for disclosure 24
`(1) To comply with section 357D or 357E, a person must give the 25
commissioner a disclosure in the approved form. 26
Page 80
Child Protection and Other Acts Amendment Bill 2010
Part 3 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 110]
`(2) The information disclosed by a person about a conviction or 1
charge of an offence in the person's criminal history must 2
include-- 3
(a) the existence of the conviction or charge; and 4
(b) when the offence was committed or alleged to have been 5
committed; and 6
(c) the details of the offence or alleged offence; and 7
(d) for a conviction, whether or not a conviction was 8
recorded and the sentence imposed on the person. 9
`357G False or misleading disclosure or failure to disclose 10
`(1) A person must not-- 11
(a) give the commissioner a disclosure for this part that is 12
false, misleading or incomplete in a material particular; 13
or 14
(b) fail to give the commissioner a disclosure as required 15
under section 357E, unless the person has a reasonable 16
excuse. 17
Maximum penalty--100 penalty units or 2 years 18
imprisonment. 19
`(2) Subsection (1)(a) does not apply to a person if the person, 20
when making the disclosure-- 21
(a) tells the commissioner, to the best of the person's ability, 22
how it is false, misleading or incomplete; and 23
(b) if the person has, or can reasonably obtain, the correct 24
information--gives the correct information. 25
Page 81
Child Protection and Other Acts Amendment Bill 2010
Part 3 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 110]
`Part 3 Employment screening of 1
persons to start or continue in 2
regulated employment 3
`357H Undertaking employment screening with consent 4
`(1) This section applies in relation to a person who-- 5
(a) proposes to be, or is, engaged by the commission; and 6
(b) is to start, or continue in, regulated employment in that 7
capacity. 8
`(2) The commissioner may ask the person for written consent for 9
the commissioner to undertake employment screening of the 10
person under chapter 8. 11
`(3) Subsection (2) applies even if the person is a public service 12
employee at the time the person is to start, or continue in, the 13
regulated employment. 14
`(4) If the person does not give the consent, or withdraws his or 15
her consent, the commissioner must ensure the person does 16
not start, or continue in, the regulated employment. 17
`(5) If the person gives the consent, the commissioner may-- 18
(a) if the person is not a police officer or registered 19
teacher--undertake employment screening of the person 20
under chapter 8, and issue a prescribed notice to the 21
person, as if the commissioner were deciding a 22
prescribed notice application about the person; or 23
(b) if the person is a police officer or registered 24
teacher--undertake employment screening of the person 25
under chapter 8, and issue an exemption notice to the 26
person, as if the commissioner were deciding an 27
exemption notice application about the person. 28
`(6) The person's consent to employment screening may be 29
withdrawn-- 30
Page 82
Child Protection and Other Acts Amendment Bill 2010
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2000
[s 110]
(a) if the person is not a police officer or registered 1
teacher--under sections 204 to 208 as if a prescribed 2
notice application has been made about the person; or 3
(b) if the person is a police officer or registered 4
teacher--under sections 264 to 269 as if an exemption 5
notice application has been made about the person. 6
`Part 4 Employment screening of 7
persons engaged, or to be 8
engaged, in child-related duties 9
`357I Application of pt 4 10
`(1) This part applies to duties to be performed in the commission 11
if, under a part 6 directive, the commissioner decides-- 12
(a) the duties-- 13
(i) are to be performed at a place at which services are 14
provided only or mainly to a child or children; or 15
(ii) are to be performed in a role involving providing 16
services only or mainly to a child or children; or 17
(iii) involve contact with a child or children that is of a 18
kind, or happens in a context, that may create an 19
unacceptable level of risk for the child or children; 20
and 21
(b) it is necessary to conduct employment screening of a 22
person engaged to perform the particular duties to 23
ensure the person is suitable to perform them; and 24
(c) the particular duties are not likely to involve regulated 25
employment. 26
`(2) Duties to which this division applies are child-related duties. 27
`(3) In this section-- 28
Page 83
Child Protection and Other Acts Amendment Bill 2010
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2000
[s 110]
part 6 directive means a directive under the Public Service Act 1
2008 made for chapter 5, part 6 of that Act. 2
`357J Prescribed notice or exemption notice required for 3
child-related duties 4
`(1) The commissioner must ensure a person does not perform 5
child-related duties in the commission unless-- 6
(a) if the person is engaged by the commission as a 7
volunteer and is not a police officer or registered 8
teacher--the person has a current positive notice; or 9
(b) otherwise-- 10
(i) the person has a current positive notice or current 11
positive exemption notice; or 12
(ii) the commissioner has started to undertake 13
employment screening of the person as provided 14
under section 357K. 15
`(2) Subsection (1) applies even if the person is engaged by the 16
commission at the time the commissioner proposes to engage 17
the person to perform the child-related duties. 18
`357K Undertaking employment screening with consent 19
`(1) This section applies if-- 20
(a) the commissioner proposes to engage a person to 21
perform child-related duties in the commission; and 22
(b) the person does not have a prescribed notice or 23
exemption notice. 24
`(2) With the person's written consent, the commissioner must 25
undertake child-related employment screening of the person. 26
`(3) For subsection (2), section 357H applies in relation to the 27
person in the same way as it applies to a person who is to be 28
engaged, or to continue to be engaged, by the commission in 29
regulated employment. 30
Page 84
Child Protection and Other Acts Amendment Bill 2010
Part 3 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 110]
`357L Engaging public service employee before prescribed 1
notice or exemption notice issued 2
`(1) This section applies if-- 3
(a) the commissioner engages a person to perform 4
child-related duties on the basis the commissioner has 5
started to undertake employment screening of the person 6
as mentioned in section 357K; and 7
(b) the person is a public service employee at the time the 8
commissioner engages the person; and 9
(c) either of the following happens-- 10
(i) the person's consent to employment screening is 11
withdrawn, or taken to be withdrawn, under this 12
Act; 13
(ii) the person is issued with a negative notice or 14
negative exemption notice. 15
`(2) The commissioner must ensure the person does not continue 16
to perform child-related duties. 17
`357M Engaging other person before prescribed notice or 18
exemption notice issued 19
`(1) This section applies if-- 20
(a) the commissioner engages a person to perform 21
child-related duties on the basis the commissioner has 22
started to undertake employment screening of the person 23
as mentioned in section 357K; and 24
(b) the person is not a public service employee at the time 25
the chief executive engages the person. 26
`(2) The commissioner-- 27
(a) may only appoint the person on probation under the 28
Public Service Act 2008, section 126 for a period not 29
ending before the prescribed notice or exemption notice 30
is issued to the person; and 31
Page 85
Child Protection and Other Acts Amendment Bill 2010
Part 3 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 110]
(b) may confirm the person's appointment under the Public 1
Service Act 2008, section 126 only if the person is 2
issued with a positive notice or positive exemption 3
notice; and 4
(c) must not confirm the person's appointment under the 5
Public Service Act 2008, section 126 if either of the 6
following happens-- 7
(i) the person's consent to employment screening is 8
withdrawn, or taken to be withdrawn, under this 9
Act; 10
(ii) the person is issued with a negative notice or 11
negative exemption notice. 12
`(3) Subsection (2) does not limit the power under the Public 13
Service Act 2008, section 126 to have a longer probationary 14
period or to terminate the person's employment. 15
`357N Effect of suspension or cancellation of positive 16
notice or positive exemption notice 17
`(1) If the commissioner engages a person to perform child-related 18
duties in the commission and the person's positive notice or 19
positive exemption notice is suspended under chapter 8, the 20
commissioner must ensure the person does not perform 21
child-related duties while the notice is suspended. 22
`(2) If the commissioner engages a person to perform child-related 23
duties in the commission and the person's positive notice or 24
positive exemption notice is cancelled under chapter 8, the 25
commissioner must ensure the person does not perform 26
child-related duties. 27
Page 86
Child Protection and Other Acts Amendment Bill 2010
Part 3 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 110]
`Part 5 Commissioner may obtain 1
information from other entities 2
about criminal history and 3
certain investigations 4
`Division 1 Obtaining information from police 5
commissioner on request 6
`357O Application of div 1 7
`(1) This division applies in relation to a person who-- 8
(a) is engaged by the commission; or 9
(b) seeks to be engaged by the commission and has given 10
the commissioner a disclosure for the purposes of part 2. 11
`(2) However, this division applies in relation to a person who is to 12
start, or continue in, regulated employment or child-related 13
duties only if-- 14
(a) the person has been issued with a positive notice or 15
positive exemption notice; and 16
(b) the commissioner is aware the person has a criminal 17
history or is aware of investigative information about the 18
person. 19
`357P Commissioner may obtain information from police 20
commissioner 21
`(1) The commissioner may ask the police commissioner to give 22
the commissioner the following information about the 23
person-- 24
(a) a written report about the person's criminal history; 25
(b) a brief description of the circumstances of a conviction 26
or charge mentioned in the person's criminal history; 27
Page 87
Child Protection and Other Acts Amendment Bill 2010
Part 3 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 110]
(c) information about an investigation relating to the 1
possible commission of a serious offence by the person. 2
`(2) Subject to subsections (3) and (4), the police commissioner 3
must comply with the request. 4
`(3) The duty imposed on the police commissioner to comply with 5
the request-- 6
(a) applies only to information in the police commissioner's 7
possession or to which the police commissioner has 8
access; and 9
(b) in relation to information mentioned in subsection 10
(1)(c)--applies only to information recorded on a 11
central electronic database kept by the police 12
commissioner. 13
`(4) The police commissioner must not give information about an 14
investigation relating to the possible commission of a serious 15
offence by the person if-- 16
(a) the police commissioner is reasonably satisfied that 17
giving the information-- 18
(i) may prejudice or otherwise hinder an investigation 19
to which the information may be relevant; or 20
(ii) may lead to the identification of an informant; or 21
(iii) may affect the safety of a police officer, 22
complainant or other person; or 23
(b) for an investigation that has been completed--the 24
investigation has not led, and the police commissioner is 25
reasonably satisfied it is unlikely to lead, to a reasonable 26
suspicion that the person committed a serious offence; 27
or 28
(c) for an investigation that has not been completed--the 29
police commissioner is reasonably satisfied the 30
investigation is unlikely to lead to a reasonable 31
suspicion that the person committed a serious offence. 32
Page 88
Child Protection and Other Acts Amendment Bill 2010
Part 3 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 110]
`Division 2 Obtaining information about 1
charges etc. 2
`357Q Prosecuting authority to notify commissioner about 3
committal, conviction etc. 4
`(1) This section applies if a person is charged with a relevant 5
offence and the police commissioner or the director of public 6
prosecutions (a prosecuting authority) is aware that the 7
person is engaged by the commission. 8
`(2) If the person is committed by a court for trial for a relevant 9
offence, the prosecuting authority must, within 7 days after 10
the committal, give written notice to the commissioner of the 11
following-- 12
(a) the person's name; 13
(b) the court; 14
(c) particulars of the offence; 15
(d) the date of the committal; 16
(e) the court to which the person was committed. 17
`(3) If the person is convicted before a court of a relevant offence, 18
the prosecuting authority must, within 7 days after the 19
conviction, give written notice to the commissioner of the 20
following-- 21
(a) the person's name; 22
(b) the court; 23
(c) particulars of the offence; 24
(d) the date of the conviction; 25
(e) the sentence imposed by the court. 26
`(4) If the person is convicted of a relevant offence, and has 27
appealed the conviction, and the appeal is finally decided or 28
has otherwise ended, the prosecuting authority must, within 7 29
days after the decision or the day the appeal otherwise ends, 30
give written notice to the commissioner of the following-- 31
Page 89
Child Protection and Other Acts Amendment Bill 2010
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2000
[s 110]
(a) the person's name; 1
(b) particulars of the offence; 2
(c) the date of the decision or other ending of the appeal; 3
(d) if the appeal was decided-- 4
(i) the court in which it was decided; and 5
(ii) particulars of the decision. 6
`(5) If the prosecution process ends without the person being 7
convicted of a relevant offence, the prosecuting authority 8
must, within 7 days after the process ends, give written notice 9
to the commissioner about the following-- 10
(a) the person's name; 11
(b) if relevant, the court in which the process ended; 12
(c) particulars of the alleged offence; 13
(d) the date the process ended. 14
`(6) For subsection (5), a prosecution process ends if-- 15
(a) an indictment is presented against the person and-- 16
(i) a nolle prosequi is entered on the indictment; or 17
(ii) the person is acquitted; or 18
(b) the process has otherwise ended. 19
`(7) A reference in this section to a conviction of a relevant 20
offence includes a summary conviction of an indictable 21
offence. 22
`(8) In this section-- 23
relevant offence means-- 24
(a) an indictable offence; or 25
(b) a disqualifying offence that is not an indictable offence. 26
Page 90
Child Protection and Other Acts Amendment Bill 2010
Part 3 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 110]
`Part 6 Controls on use of information 1
about criminal history and 2
certain investigations 3
`357R Use of information obtained under this chapter 4
`(1) This section applies to the commissioner in considering 5
information about a person received under this chapter. 6
`(2) The information must not be used for any purpose other than 7
assessing the person's suitability to be, or continue to be, 8
engaged by the commission. 9
`(3) When making the assessment, the commissioner must have 10
regard to the following matters relating to information about 11
the commission, or alleged or possible commission, of an 12
offence by the person-- 13
(a) when the offence was committed, is alleged to have 14
been committed or may possibly have been committed; 15
(b) the nature of the offence and its relevance to the person's 16
proposed duties or duties in the commission; 17
(c) anything else the commissioner considers relevant to the 18
assessment of the person. 19
`357S Person to be advised of information obtained from 20
police commissioner 21
`(1) This section applies to information obtained by the 22
commissioner about a person, under this chapter, from the 23
police commissioner. 24
`(2) Before using the information to assess the person's suitability 25
to be, or continue to be, engaged by the commission, the 26
commissioner must-- 27
(a) disclose the information to the person; and 28
(b) allow the person a reasonable opportunity to make 29
representations to the commissioner about the 30
information. 31
Page 91
Child Protection and Other Acts Amendment Bill 2010
Part 3 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 111]
`357T Guidelines for dealing with information 1
`(1) The commissioner must make guidelines, consistent with this 2
Act, for dealing with information obtained by the 3
commissioner under this chapter. 4
`(2) The purpose of the guidelines is to ensure-- 5
(a) natural justice is afforded to the persons about whom the 6
information is obtained; and 7
(b) only relevant information is used in assessing the 8
persons' suitability to be, or continue to be, engaged by 9
the commission; and 10
(c) decisions about the suitability of persons, based on the 11
information, are made consistently. 12
`(3) The commissioner must give a copy of the guidelines, on 13
request, to a person who is seeking to be engaged, or who is 14
engaged, by the commission.'. 15
Clause 111 Amendment of s 384 (Confidentiality of information about 16
criminal history or related information) 17
(1) Section 384(2)(b), after `part 7'-- 18
insert-- 19
`or chapter 8A'. 20
(2) Section 384(6), definition previous part 7, note, second 21
sentence-- 22
omit, insert-- 23
`Now see chapter 8A.'. 24
Clause 112 Amendment of s 501 (Particular prescribed police 25
information obtained but not used before 26
commencement) 27
Section 501(2), note-- 28
omit. 29
Page 92
Child Protection and Other Acts Amendment Bill 2010
Part 3 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 113]
Clause 113 Insertion of new ch 11, pt 14 1
Chapter 11-- 2
insert-- 3
`Part 14 Transitional provisions for 4
Child Protection and Other 5
Acts Amendment Act 2010 6
`505 Application of s 349 7
`(1) This section applies if, before the commencement-- 8
(a) a relevant change within the meaning of previous 9
section 349 happened in relation to the holder of a 10
positive notice or positive exemption notice that was not 11
suspended; and 12
(b) the commissioner had not cancelled the previously held 13
positive notice, positive notice blue card or positive 14
exemption notice under previous section 349. 15
`(2) Previous section 349 continues to apply in relation to the 16
relevant change as if the Child Protection and Other Acts 17
Amendment Act 2010 had not been enacted. 18
`(3) In this section-- 19
commencement means the commencement of this section. 20
previous section 349 means section 349 as in force before the 21
commencement. 22
`506 Application of s 350 23
`(1) This section applies if, before the commencement-- 24
(a) a relevant change within the meaning of previous 25
section 350 happened in relation to the holder of a 26
positive notice that was not suspended; and 27
Page 93
Child Protection and Other Acts Amendment Bill 2010
Part 3 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 113]
(b) the commissioner had not cancelled the previously held 1
positive notice or positive notice blue card under 2
previous section 350. 3
`(2) Previous section 350 continues to apply in relation to the 4
relevant change as if the Child Protection and Other Acts 5
Amendment Act 2010 had not been enacted. 6
`(3) In this section-- 7
commencement means the commencement of this section. 8
previous section 350 means section 350 as in force before the 9
commencement. 10
`507 Fee not payable under s 350 if a fee previously paid 11
`Section 350(7) does not apply to the holder of a positive 12
notice if the holder has paid a prescribed application fee in 13
relation to the positive notice under section 350 as in force 14
before the commencement. 15
`508 Persons being considered for engagement by the 16
commission at the commencement 17
`(1) Chapter 8A applies in relation to a person who, at the 18
commencement, is being considered for engagement by the 19
commission or is engaged by the commission. 20
`(2) For subsection (1), a person is being considered for 21
engagement by the commission at the commencement if-- 22
(a) the person applied or otherwise expressed an interest in 23
being engaged by the commission before the 24
commencement; and 25
(b) at the commencement, the commissioner has not 26
finished making an assessment of the person's 27
suitability for the engagement. 28
`(3) In this section-- 29
commencement means the commencement of this section.'. 30
Page 94
Child Protection and Other Acts Amendment Bill 2010
Part 3 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 114]
Clause 114 Amendment of sch 1, pt 3 (Employment to which chapter 1
8 of this Act does not apply) 2
(1) Schedule 1, part 3, heading, after `Employment'-- 3
insert-- 4
`, or carrying on of a business,'. 5
(2) Schedule 1, section 28, from `employment of' to `relates'-- 6
omit, insert-- 7
`employment or carrying on of a business of a person who is a 8
registered health practitioner to the extent the activities 9
performed or services provided relate'. 10
(3) Schedule 1-- 11
insert-- 12
`30 Ambulance officers 13
`Chapter 8 of this Act does not apply to the employment of a 14
person as an ambulance officer under the Ambulance Service 15
Act 1991, section 13 or 14 to the extent the employment 16
relates to the person's functions under that Act.'. 17
Clause 115 Amendment of sch 7 (Dictionary) 18
Schedule 7-- 19
insert-- 20
`alternative certifications, relating to an employee, means-- 21
(a) a certification, in the approved form, by a prescribed 22
person that the prescribed person has sighted the 23
employee's proof of identity documents; and 24
(b) a certification, in the approved form, by the employer 25
that the employer did not sight the documents only 26
because-- 27
(i) the employee's usual place of residence is more 28
than 50km from the employer's business address; 29
or 30
Page 95
Child Protection and Other Acts Amendment Bill 2010
Part 4 Amendment of Community Services Act 2007
[s 116]
(ii) the employee is a person with a disability that 1
affects mobility. 2
child-related duties, for chapter 8A, see section 357I(2). 3
engage, a person, for chapter 8A, includes the following-- 4
(a) engage the person (whether or not the person is 5
appointed under the Public Service Act 2008) within the 6
meaning of that Act, section 150; 7
(b) engage the person under a contract for services; 8
(c) engage the person on a voluntary basis; 9
(d) engage the person under an arrangement to provide the 10
person with practical experience. 11
proof of identity documents, for a person, means the 12
documents, relating to proof of the person's identity, 13
prescribed under a regulation.'. 14
Part 4 Amendment of Community 15
Services Act 2007 16
Clause 116 Act amended 17
This part amends the Community Services Act 2007. 18
Clause 117 Amendment of s 144 (Particular police information 19
obtained but not used before commencement) 20
Section 144(2), note, from `for assessing' to `by the 21
department'-- 22
omit, insert-- 23
`in relation to the engagement, or continued engagement, of 24
the person by the department'. 25
Page 96
Child Protection and Other Acts Amendment Bill 2010
Part 5 Amendment of Disability Services Act 2006
[s 118]
Part 5 Amendment of Disability 1
Services Act 2006 2
Clause 118 Act amended 3
This part amends the Disability Services Act 2006. 4
Clause 119 Amendment of s 107A (Replacement notice etc. if change 5
in engagement details) 6
(1) Section 107A(3), from `After' to `subsection (2)'-- 7
omit, insert-- 8
`If, under subsection (6), the notice is accompanied by the 9
prescribed application fee'. 10
(2) Section 107A(6)-- 11
omit, insert-- 12
`(6) The notice under subsection (2) must be accompanied by the 13
prescribed application fee if the application for the positive 14
notice was made-- 15
(a) before 1 July 2010; or 16
(b) on the basis the holder was engaged, or to be engaged, in 17
regulated engagement as a volunteer.'. 18
(3) Section 107A(7), definition prescribed application fee-- 19
omit, insert-- 20
`prescribed application fee, for a notice given under 21
subsection (2), means the prescribed fee for a prescribed 22
notice application about a person engaged in regulated 23
engagement other than as a volunteer.'. 24
Page 97
Child Protection and Other Acts Amendment Bill 2010
Part 6 Amendment of Family Services Act 1987
[s 120]
Clause 120 Amendment of s 256 (Particular prescribed police 1
information obtained but not used before 2
commencement) 3
Section 256(2), note, from `for assessing' to `by the 4
department'-- 5
omit, insert-- 6
`in relation to the engagement, or continued engagement, of 7
the person by the department'. 8
Clause 121 Amendment of s 288 (Provision about persons engaged 9
to provide disability services only to children) 10
Section 288(2), `Sections 89 and 275 to 277'-- 11
omit, insert-- 12
`Sections 275 to 278'. 13
Clause 122 Amendment of s 289 (Provision about holders of 14
CCYPCG positive notice) 15
Section 289(2), `Sections 89 and 275 to 277'-- 16
omit, insert-- 17
`Sections 275 to 278'. 18
Part 6 Amendment of Family Services 19
Act 1987 20
Clause 123 Act amended 21
This part amends the Family Services Act 1987. 22
Page 98
Child Protection and Other Acts Amendment Bill 2010
Part 7 Amendment of Juvenile Justice and Other Acts Amendment Act 2009
[s 124]
Clause 124 Amendment of s 38 (Particular police information 1
obtained before commencement) 2
Section 38(2), note, from `for assessing' to `by the 3
department'-- 4
omit, insert-- 5
`in relation to the engagement, or continued engagement, of 6
the person by the department'. 7
Part 7 Amendment of Juvenile Justice 8
and Other Acts Amendment Act 9
2009 10
Clause 125 Act amended 11
This part amends the Juvenile Justice and Other Acts 12
Amendment Act 2009. 13
Clause 126 Amendment of schedule (Consequential amendments) 14
Schedule, part 4-- 15
omit. 16
Editor's note-- 17
Legislation ultimately amended-- 18
· Child Protection Act 1999 19
Page 99
Child Protection and Other Acts Amendment Bill 2010
Part 8 Amendment of Public Service Act 2008
[s 127]
Part 8 Amendment of Public Service 1
Act 2008 2
Clause 127 Act amended 3
This part amends the Public Service Act 2008. 4
Clause 128 Amendment of s 150 (Definitions for pt 6) 5
Section 150, definition criminal history report-- 6
omit, insert-- 7
`criminal history report means-- 8
(a) for division 2--a report given under section 154; or 9
(b) for division 3A--a report given under section 165C; or 10
(c) otherwise--a report given under section 154 or 165C.'. 11
Clause 129 Amendment of s 151 (Application of div 2) 12
(1) Section 151(1), note, `for assessing the suitability of'-- 13
omit, insert-- 14
`in relation to'. 15
(2) Section 151-- 16
insert-- 17
`(1A) However, this division does not apply to duties to be 18
performed in the CCYPCG commission. 19
Note-- 20
See the CCYPCG Act, chapter 8A, in relation to duties to be performed 21
in the CCYPCG commission.'. 22
(3) Section 151(1A) to (3)-- 23
renumber as section 151(2) to (4). 24
Page 100
Child Protection and Other Acts Amendment Bill 2010
Part 8 Amendment of Public Service Act 2008
[s 130]
Clause 130 Amendment of s 156 (Application of div 3) 1
(1) Section 156(1), note, `for assessing the suitability of'-- 2
omit, insert-- 3
`in relation to'. 4
(2) Section 156-- 5
insert-- 6
`(1A) However, this division does not apply to duties to be 7
performed in the CCYPCG commission. 8
Note-- 9
See the CCYPCG Act, chapter 8A, in relation to duties to be performed 10
in the CCYPCG commission.'. 11
(3) Section 156(1A) and (2)-- 12
renumber as section 156(2) and (3). 13
Clause 131 Amendment of s 157 (Definitions for div 3) 14
Section 157, definition CCYPCG commission-- 15
relocate to section 150. 16
Clause 132 Amendment of s 158 (Prescribed notice or exemption 17
notice required for child-related duties) 18
(1) Section 158(1), `other than the CCYPCG commissioner'-- 19
omit. 20
(2) Section 158(2)-- 21
omit. 22
(3) Section 158(3), `or (2)'-- 23
omit. 24
(4) Section 158(3) and (4)-- 25
renumber as section 158(2) and (3). 26
Page 101
Child Protection and Other Acts Amendment Bill 2010
Part 8 Amendment of Public Service Act 2008
[s 133]
Clause 133 Amendment of s 159 (Chief executive to apply for 1
prescribed notice or exemption notice) 2
Section 159(1)(a), `other than the CCYPCG commissioner'-- 3
omit. 4
Clause 134 Omission of s 160 (CCYPCG commissioner to undertake 5
child-related employment screening) 6
Section 160-- 7
omit. 8
Clause 135 Amendment of s 161 (Engaging public service employee 9
before prescribed notice or exemption notice issued) 10
Section 161(1)(a)-- 11
omit, insert-- 12
`(a) the chief executive of a department engages a person to 13
perform child-related duties on the basis the chief 14
executive has applied for a prescribed notice or 15
exemption notice about the person as mentioned in 16
section 158(1)(b)(ii); and'. 17
Clause 136 Amendment of s 162 (Engaging other person before 18
prescribed notice or exemption notice issued) 19
(1) Section 162(1)(a)-- 20
omit, insert-- 21
`(a) the chief executive of a department engages a person to 22
perform child-related duties on the basis the chief 23
executive has applied for a prescribed notice or 24
exemption notice about the person as mentioned in 25
section 158(1)(b)(ii); and'. 26
(2) Section 162(3)-- 27
omit, insert-- 28
Page 102
Child Protection and Other Acts Amendment Bill 2010
Part 8 Amendment of Public Service Act 2008
[s 137]
`(3) Subsection (2) does not limit the power under section 126 to 1
have a longer probationary period or to terminate the person's 2
employment.'. 3
Clause 137 Insertion of new ch 9, pt 6 4
Chapter 9-- 5
insert-- 6
`Part 6 Transitional provisions for 7
Child Protection and Other 8
Acts Amendment Act 2010 9
`264 Definition for pt 6 10
`In this part-- 11
commencement means the commencement of this part. 12
`265 CCYPCG commissioner request for criminal history 13
report not complied with at the commencement 14
`(1) This section applies if-- 15
(a) the CCYPCG commissioner has, under section 154 or 16
165C (the relevant section), asked the police 17
commissioner for a written report about a person's 18
criminal history; and 19
(b) at the commencement, the police commissioner has not 20
given the report to the CCYPCG commissioner. 21
`(2) Despite the relevant section, the police commissioner is no 22
longer required to comply with the CCYPCG commissioner's 23
request. 24
`266 Criminal history reports obtained by CCYPCG 25
commissioner before commencement 26
`(1) This section applies if-- 27
Page 103
Child Protection and Other Acts Amendment Bill 2010
Part 8 Amendment of Public Service Act 2008
[s 138]
(a) before the commencement, the police commissioner 1
gave the CCYPCG commissioner a written report about 2
a person's criminal history under section 154 or 165C; 3
and 4
(b) at the commencement, the CCYPCG commissioner has 5
not, in relation to the report, made an assessment about 6
the person's suitability for engagement, or continued 7
engagement, by the CCYPCG commission under 8
section 155 or 165D. 9
`(2) The CCYPCG commissioner must immediately-- 10
(a) destroy the report; and 11
(b) stop making the assessment. 12
Note-- 13
Now see the CCYPCG Act, chapter 8A for assessing the person's 14
suitability for engagement, or continued engagement, by the CCYPCG 15
commission. 16
`267 Notice not given to CCYPCG commissioner by 17
prosecuting authority at the commencement 18
`(1) This section applies if-- 19
(a) before the commencement, a person engaged by the 20
CCYPCG commission is charged with a relevant 21
offence within the meaning of section 170(7); and 22
(b) at the commencement, the police commissioner or 23
director of public prosecutions has not given 24
information about the charge to the CCYPCG 25
commissioner as required by section 170. 26
`(2) Despite section 170, the police commissioner or director of 27
public prosecutions is no longer required to give the 28
information to the CCYPCG commissioner.'. 29
Clause 138 Amendment of sch 4 (Dictionary) 30
(1) Schedule 4, definitions CCYPCG Act, CCYPCG commission, 31
CCYPCG commissioner and commencement-- 32
Page 104
Child Protection and Other Acts Amendment Bill 2010
Part 8 Amendment of Public Service Act 2008
[s 138]
omit. 1
(2) Schedule 4-- 2
insert-- 3
`CCYPCG Act see section 150. 4
CCYPCG commission see section 150. 5
CCYPCG commissioner see section 150. 6
commencement-- 7
(a) for chapter 9, part 5--see section 256; or 8
(b) for chapter 9, part 6--see section 264.'. 9
© State of Queensland 2010
Page 105
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