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CHILD SAFETY (CARERS) AMENDMENT BILL 2006

          Queensland



Child Safety (Carers)
Amendment Bill 2006

 


 

 

Queensland Child Safety (Carers) Amendment Bill 2006 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Part 2 Amendment of Child Protection Act 1999 3 Act amended in pt 2 and schedule . . . . . . . . . . . . . . . . . . . . . . . . 8 4 Amendment of s 125 (Application for, or renewal of, licence). . . . 8 5 Amendment of s 126 (Restrictions on granting application) . . . . . 9 6 Amendment of s 129 (Refusal of application) . . . . . . . . . . . . . . . 10 7 Amendment of s 130 (Nominees). . . . . . . . . . . . . . . . . . . . . . . . . 10 8 Amendment of s 136 (Refusal of application) . . . . . . . . . . . . . . . 10 9 Insertion of new ch 4, pt 2, div 4, sdiv 3, and sdiv 4 hdg . . . . . . . 11 Subdivision 3 Immediate suspension or cancellation of particular authorities 140AB Definitions for sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . 11 140AC Immediate suspension . . . . . . . . . . . . . . . . . . . . . . . . 12 140AD Notice of suspension . . . . . . . . . . . . . . . . . . . . . . . . . 13 140AE Period of suspension . . . . . . . . . . . . . . . . . . . . . . . . . 13 140AF End of suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 140AG Cancellation of certificate of approval . . . . . . . . . . . . 14 140AH Cancellation of licence . . . . . . . . . . . . . . . . . . . . . . . . 15 140AI Notice of cancellation . . . . . . . . . . . . . . . . . . . . . . . . . 15 10 Amendment of s 143 (Effect of failure to decide application for, or for renewal of, authority). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 11 Insertion of new s 143A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 143A Further consideration of application for authority . . . . 16 12 Insertion of new ss 148A and 148B, and ch 4, pt 3 . . . . . . . . . . . 17

 


 

2 Child Safety (Carers) Amendment Bill 2006 148A Chief executive to notify children's commissioner about particular persons. . . . . . . . . . . . . . . . . . . . . . . 17 148B Obtaining particular information from children's commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Part 3 Application of Commissioner's Act 148C Application to licensed care service . . . . . . . . . . . . . . 18 148D Pending application for prescribed notice. . . . . . . . . . 19 13 Amendment of s 159 (Payments for care and maintenance) . . . . 19 14 Amendment of s 159M (Particular prescribed entities giving and receiving relevant information) . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 15 Insertion of new ch 9, pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Part 6 Transitional provisions for Child Safety (Carers) Amendment Act 2006 266 Definitions for pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 267 Application for licence. . . . . . . . . . . . . . . . . . . . . . . . . 21 268 Application for particular certificate of approval . . . . . 21 16 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 21 Part 3 Amendment of Child Safety Legislation Amendment Act 2005 17 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 18 Amendment of s 14 (Insertion of new ch 2, pt 3B of Act No. 10 of 1999) ......................................... 23 19 Amendment of s 38 (Replacement of ss 132-135 of Act No. 10 of 1999) ......................................... 25 20 Amendment of s 42 (Amendment of s 137 (Amendment of authority on application of holder) of Act No. 10 of 1999) . . . . . . 26 21 Amendment of s 44 (Insertion of new ss 138A-138C of Act No. 10 of 1999). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 22 Amendment of s 45 (Amendment of s 139 (Authority may be suspended or cancelled) of Act No. 10 of 1999) . . . . . . . . . . . . . 27 23 Amendment of s 49 (Amendment of s 141 (Amendment, suspension and cancellation of authorities) of Act No. 10 of 1999) ...................................... 28 24 Amendment of s 51 (Replacement of ch 4, pt 2, div 5, hdg and s 142 of Act No. 10 of 1999). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 25 Omission of s 52 (Amendment of s 143 (Effect of failure to decide application for, or for renewal of, authority) of Act No. 10 of 1999) ................................... 32 26 Amendment of s 66 (Insertion of new ch 9, pt 5 of Act No. 10 of 1999) ........................................... 32 27 Replacement of s 67 (Replacement of sch 2 (Reviewable decisions and aggrieved persons) of Act No. 10 of 1999) . . . . . . 32

 


 

3 Child Safety (Carers) Amendment Bill 2006 67 Replacement of sch 2 (Reviewable decisions and aggrieved persons). . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Schedule 2 Reviewable decisions and aggrieved persons 28 Amendment of s 68 (Amendment of sch 3 (Dictionary) of Act No. 10 of 1999). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Part 4 Amendment of Commission for Children and Young People and Child Guardian Act 2000 29 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 30 Insertion of new s 99BA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 99BA Matters about particular regulated employment . . . . . 36 31 Amendment of s 99F (Who is a volunteer) . . . . . . . . . . . . . . . . . . 36 32 Amendment of s 100 (Application for notice--regulated employment) .................................... 36 33 Amendment of s 101 (Application for notice--regulated business) .................................... 37 34 Amendment of s 102B (Actions of commissioner after making decision on application) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 35 Replacement of s 104B (Starting employment) . . . . . . . . . . . . . . 38 104B Starting employment . . . . . . . . . . . . . . . . . . . . . . . . . 38 104BA Currency of prescribed notice for person continuing employment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 36 Amendment of s 108 (Person holding negative notice, or who has withdrawn consent to employment screening, not to apply for, or start or continue in, regulated employment) . . . . . . . . . . . . 39 37 Insertion of new s 109A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 109A Currency of prescribed notice for person carrying on regulated business . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 38 Amendment of s 119A (Cancellation if conviction for excluding offence and imprisonment or disqualification order). . . . . . . . . . . 40 39 Amendment of s 119C (Effect of charge for excluding offence pending charge being dealt with) . . . . . . . . . . . . . . . . . . . . . . . . . 41 40 Amendment of s 121 (Person may apply for review of decision) . 41 41 Amendment of s 122 (Commissioner may obtain information from police commissioner) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 42 Amendment of s 122A (Notice of change in police information about a person) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 43 Amendment of s 123 (Withdrawal of employee's consent to employment screening) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 44 Insertion of new s 123A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 123A Notice about withdrawal of application or negative notice ................................. 43

 


 

4 Child Safety (Carers) Amendment Bill 2006 45 Amendment of s 126 (Use of information obtained under this part about a person). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 46 Amendment of s 126B (Commissioner may give information to accreditation board about director of school's governing body) . . 44 47 Insertion of new s 126D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 126D Notice of charge or conviction for serious offence . . . 45 48 Amendment of s 152 (Confidentiality of information about criminal history) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 49 Amendment of s 153 (Confidentiality of other information) . . . . . 47 50 Amendment of s 161 (Protection from liability). . . . . . . . . . . . . . . 47 51 Replacement of s 163 (Other reports relating to commissioner's functions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 163 Other reports by commissioner . . . . . . . . . . . . . . . . . 48 52 Amendment of s 163A (Annual report by commission) . . . . . . . . 49 53 Insertion of new s 164A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 164A Commissioner may enter into arrangement with chief executive (child safety). . . . . . . . . . . . . . . . . . . . 49 54 Insertion of new pt 9, div 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Division 8 Further transitional provisions for the Commission for Children and Young People and Child Guardian Amendment Act 2004 196 Definitions for div 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 197 Main purpose of div 8 . . . . . . . . . . . . . . . . . . . . . . . . . 50 198 Circumstances, after commencement, in which pre-amended Act applies to outstanding relevant application ........................... 51 199 Circumstances, after commencement, in which this Act applies to outstanding relevant application . . . . . 52 200 Relevant applications dealt with before commencement ........................ 52 201 Application of ss 122 and 122A in particular circumstances ....................... 53 202 Circumstances, after commencement, relating to ss 118 and 119 of pre-amended Act . . . . . . . . . . . . . 53 203 Circumstances, before commencement, relating to ss 118 and 119 of pre-amended Act . . . . . . . . . . . . . 55 204 Circumstances where pre-amended Act applies to application for review made before commencement . 55 205 Circumstances where this Act applies to notices issued before the commencement . . . . . . . . . . . . . . . 56 206 References to prescribed notice. . . . . . . . . . . . . . . . . 57 55 Insertion of new pt 9, div 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57

 


 

5 Child Safety (Carers) Amendment Bill 2006 Division 9 Transitional provisions for Child Safety (Carers) Amendment Act 2006 207 Definition for div 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 208 Regulated employment--volunteers . . . . . . . . . . . . . 57 209 Regulated employment--other persons . . . . . . . . . . . 58 210 Carrying on regulated business . . . . . . . . . . . . . . . . . 59 211 Particular certificates of approval under Child Protection Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . 59 212 Particular licences under Child Protection Act 1999 . 60 56 Amendment of sch 1 (Regulated employment and businesses for employment screening) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 57 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 62 Schedule Amendment of Child Protection Act 1999 . . . . . . . . . . . . . . . . 64

 


 

 

2006 A Bill for An Act to amend the Child Protection Act 1999, the Child Safety Legislation Amendment Act 2005 and the Commission for Children and Young People and Child Guardian Act 2000

 


 

s1 8 s4 Child Safety (Carers) Amendment Bill 2006 The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 Clause 1 Short title 3 This Act may be cited as the Child Safety (Carers) 4 Amendment Act 2006. 5 Clause 2 Commencement 6 (1) Sections 40 and 42 are taken to have commenced on 17 7 January 2005 immediately after the Commission for Children 8 and Young People and Child Guardian Amendment Act 2004 9 commenced. 10 (2) The following provisions commence on 30 April 2006-- 11 part 2 12 sections 30 to 39, 41, 43, 44, 46, 47, 53, 55 to 57 13 the schedule. 14 Part 2 Amendment of Child Protection 15 Act 1999 16 Clause 3 Act amended in pt 2 and schedule 17 This part and the schedule amend the Child Protection Act 18 1999. 19 Clause 4 Amendment of s 125 (Application for, or renewal of, 20 licence) 21 (1) Section 125(1)(d)-- 22 renumber as section 125(1)(e). 23

 


 

s5 9 s5 Child Safety (Carers) Amendment Bill 2006 (2) Section 125(1)-- 1 insert-- 2 `(d) be accompanied by a notice that-- 3 (i) is signed by the nominee for the licence; and 4 (ii) states whether or not for each person mentioned in 5 section 126(b)(i) or (ii), the person has a current 6 positive prescribed notice or a current negative 7 prescribed notice; and 8 (iii) if the person has a current positive prescribed 9 notice--states the expiry date for the notice; and 10 (iv) if the person does not have a current prescribed 11 notice--states whether or not there is a current 12 application for a prescribed notice for the person; 13 and'. 14 (3) Section 125(2), `criminal history,'-- 15 omit. 16 Clause 5 Amendment of s 126 (Restrictions on granting 17 application) 18 (1) Section 126(b)(iii) and (iv), after `will be'-- 19 insert-- 20 `, or are,'. 21 (2) Section 126(c) and (d)-- 22 renumber as section 126(e) and (f). 23 (3) Section 126-- 24 insert-- 25 `(c) each person mentioned in paragraph (b)(i) or (ii) has a 26 current positive prescribed notice; and 27

 


 

s6 10 s8 Child Safety (Carers) Amendment Bill 2006 (d) the applicant will comply with the Commissioner's Act, 1 part 6,1 in carrying on a regulated business or employing 2 persons in regulated employment under that Act; and'. 3 Clause 6 Amendment of s 129 (Refusal of application) 4 Section 129(2)(c) and (d)-- 5 omit, insert-- 6 `(c) unless the application is refused because a person 7 mentioned in section 126(b)(i) or (ii) does not have a 8 current positive prescribed notice-- 9 (i) state that the applicant may, within 28 days after 10 receiving the notice, apply to the tribunal to have 11 the decision reviewed; and 12 (ii) state how to apply to have the decision reviewed.'. 13 Clause 7 Amendment of s 130 (Nominees) 14 Section 130(1)-- 15 insert-- 16 `(c) the licensee complies with the Commissioner's Act, part 17 6, in carrying on a regulated business or employing 18 persons in regulated employment under that Act.'. 19 Clause 8 Amendment of s 136 (Refusal of application) 20 Section 136(2)(c) and (d)-- 21 omit, insert-- 22 `(c) unless the application is refused because a person 23 mentioned in section 135(1)(a)(iii) or (b)(iv) does not 24 have a current positive prescribed notice-- 25 1 The Commissioner's Act, part 6 (Screening for regulated employment and regulated businesses)

 


 

s9 11 s9 Child Safety (Carers) Amendment Bill 2006 (i) state that the applicant may, within 28 days after 1 receiving the notice, apply to the tribunal to have 2 the decision reviewed; and 3 (ii) state how to apply to have the decision reviewed.'. 4 Clause 9 Insertion of new ch 4, pt 2, div 4, sdiv 3, and sdiv 4 hdg 5 Before section 140A-- 6 insert-- 7 `Subdivision 3 Immediate suspension or 8 cancellation of particular 9 authorities 10 `140ABDefinitions for sdiv 3 11 `In this subdivision-- 12 apply for a review, of a decision under the Commissioner's 13 Act to issue or give a negative prescribed notice, means apply 14 to the tribunal under section 121 or 121E2 of that Act for 15 review of the decision. 16 approved carer does not include a provisionally approved 17 carer. 18 disqualifying event, for a person, means-- 19 (a) the person is issued with or given a negative prescribed 20 notice other than-- 21 (i) under a prescribed provision; or 22 (ii) on cancellation of a positive prescribed notice that 23 is suspended; or 24 (b) the person's positive prescribed notice is suspended; or 25 (c) an application for a prescribed notice about the person is 26 withdrawn. 27 2 The Commissioner's Act, section 121 (Person may apply for review of decision) or 121E (Consequence of decision on appeal)

 


 

s9 12 s9 Child Safety (Carers) Amendment Bill 2006 prescribed provision means the Commissioner's Act, section 1 102(6)(a) or 119A.3 2 relevant person-- 3 (a) for an approved carer's certificate of approval--means a 4 person who is a member of the carer's household; or 5 (b) for a licence--means the nominee for the licence or a 6 director of the licensee. 7 `140ACImmediate suspension 8 `(1) Subsection (2) applies if a disqualifying event happens to-- 9 (a) an approved carer, or a member of an approved carer's 10 household; or 11 (b) the nominee for a licence, or a director of a licensee. 12 `(2) The chief executive must suspend the approved carer's 13 certificate of approval or the licence as soon as practicable 14 after becoming aware of the disqualifying event. 15 `(3) Subsection (4) applies if a relevant person for an authority is 16 issued with or given a negative prescribed notice under a 17 prescribed provision. 18 `(4) The chief executive must suspend the authority as soon as 19 practicable after the day the negative prescribed notice is 20 issued or given, unless the chief executive decides to cancel 21 the authority under section 140AG(3) or 140AH(1). 22 `(5) However, the chief executive must not suspend an authority 23 because a disqualifying event happens to a relevant person for 24 the authority, or the relevant person is issued with or given a 25 negative prescribed notice under a prescribed provision, if the 26 chief executive is satisfied the person is no longer a relevant 27 person. 28 3 The Commissioner's Act, section 102 (Decision on application) or 119A (Cancellation if conviction for excluding offence and imprisonment or disqualification order)

 


 

s9 13 s9 Child Safety (Carers) Amendment Bill 2006 `140ADNotice of suspension 1 `(1) If a person's authority is suspended under this subdivision, the 2 chief executive must immediately give written notice of the 3 suspension to the person. 4 `(2) The notice must state-- 5 (a) that the authority is suspended under section 140AC; 6 and 7 (b) the reason for the suspension. 8 `(3) The suspension of the person's authority takes effect on the 9 day the notice is given to the person. 10 `140AEPeriod of suspension 11 `The suspension of an authority remains in force until the 12 earliest of the following to happen-- 13 (a) the day on which the authority is due to expire under 14 this Act; 15 (b) the suspension ends under section 140AF; 16 (c) the authority is cancelled under section 140AG or 17 140AH. 18 `140AFEnd of suspension 19 `(1) The suspension of a person's authority ends if the person or 20 relevant person is issued with or given a positive prescribed 21 notice or a further positive prescribed notice. 22 `(2) If an authority is suspended because a disqualifying event 23 happens to a relevant person for the authority, or the relevant 24 person is issued with or given a negative prescribed notice 25 under a prescribed provision, the chief executive must end the 26 suspension if satisfied the person is no longer a relevant 27 person. 28 `(3) If the chief executive ends the suspension of a person's 29 authority under subsection (2)-- 30 (a) the chief executive must give the person written notice 31 that the suspension is ended; and 32

 


 

s9 14 s9 Child Safety (Carers) Amendment Bill 2006 (b) the suspension ends on the day the notice is given to the 1 person. 2 `140AGCancellation of certificate of approval 3 `(1) If an approved carer is issued with or given a negative 4 prescribed notice under a prescribed provision, the chief 5 executive must cancel the carer's certificate of approval as 6 soon as practicable after the day the notice is issued or given. 7 `(2) If an approved carer's certificate of approval is suspended 8 under this subdivision and the carer is issued with or given a 9 negative prescribed notice, other than under a prescribed 10 provision, the chief executive must cancel the certificate of 11 approval as soon as practicable after-- 12 (a) if the carer does not apply for a review of the decision to 13 issue or give the notice--the end of the period in which 14 the carer may apply for the review; or 15 (b) if the carer applies for a review and the decision to issue 16 or give the notice is upheld on the review--the day the 17 decision is upheld. 18 `(3) If a relevant person for an approved carer's certificate of 19 approval is issued with or given a negative prescribed notice 20 under a prescribed provision, the chief executive may cancel 21 the certificate of approval after the day the notice is issued or 22 given, whether or not the certificate has been suspended under 23 this subdivision. 24 `(4) If an approved carer's certificate of approval is suspended 25 under this subdivision and a relevant person for the carer's 26 certificate of approval is issued with or given a negative 27 prescribed notice, other than under a prescribed provision, the 28 chief executive may cancel the certificate of approval after-- 29 (a) if the relevant person does not apply for a review of the 30 decision to issue or give the notice--the end of the 31 period in which the person may apply for the review; or 32 (b) if the relevant person applies for a review and the 33 decision to issue or give the notice is upheld on the 34 review--the day the decision is upheld. 35

 


 

s9 15 s9 Child Safety (Carers) Amendment Bill 2006 `(5) The chief executive must not cancel a certificate of approval 1 under subsection (3) or (4) if satisfied the relevant person is no 2 longer a member of the approved carer's household. 3 `140AHCancellation of licence 4 `(1) If a relevant person for a licence is issued with or given a 5 negative prescribed notice under a prescribed provision, the 6 chief executive may cancel the licence after the day the notice 7 is issued or given, whether or not the licence has been 8 suspended under this subdivision. 9 `(2) If a licence is suspended under this subdivision and a relevant 10 person for the licence is issued with or given a negative 11 prescribed notice, other than under a prescribed provision, the 12 chief executive may cancel the licence after-- 13 (a) if the relevant person does not apply for a review of the 14 decision to issue or give the notice--the end of the 15 period in which the person may apply for the review; or 16 (b) if the relevant person applies for a review and the 17 decision to issue or give the notice is upheld on the 18 review--the day the decision is upheld. 19 `(3) The chief executive must not cancel a licence under this 20 section if satisfied the relevant person is no longer the 21 nominee for the licence or a director of the licensee. 22 `140AI Notice of cancellation 23 `(1) If the chief executive cancels a person's authority under this 24 subdivision, the chief executive must immediately give 25 written notice of the cancellation to the person. 26 `(2) The notice must state each of the following-- 27 (a) that the authority is cancelled under section 140AG or 28 140AH; 29 (b) the reason for the cancellation; 30 (c) if the chief executive decides to cancel the authority 31 under section 140AG(3) or (4) or 140AH-- 32

 


 

s 10 16 s 11 Child Safety (Carers) Amendment Bill 2006 (i) that the person may, within 28 days after receiving 1 the notice, apply to the tribunal to have the 2 decision reviewed; and 3 (ii) how to have the decision reviewed. 4 `(3) The cancellation of the person's authority takes effect on the 5 day the notice is given to the person. 6 `Subdivision 4 Other matters about amendment, 7 suspension or cancellation'. 8 Clause 10 Amendment of s 143 (Effect of failure to decide 9 application for, or for renewal of, authority) 10 (1) Section 143(4)-- 11 renumber as section 143(5). 12 (2) Section 143-- 13 insert-- 14 `(4) Subsection (1) is subject to section 143A.'. 15 Clause 11 Insertion of new s 143A 16 After section 143-- 17 insert-- 18 `143A Further consideration of application for authority 19 `(1) This section applies if the chief executive considers more time 20 is needed to decide an application for an authority because of 21 the nature of the matters that need to be considered in 22 deciding it. 23 `(2) The chief executive and the applicant may at any time before 24 the end of 90 days after the application is properly made agree 25 in writing to extend the period within which the application 26 must be decided. 27 `(3) The agreement must state the period of the extension. 28 `(4) If the chief executive does not decide the application within 29 the period as extended under subsection (2)-- 30

 


 

s 12 17 s 12 Child Safety (Carers) Amendment Bill 2006 (a) the chief executive is taken to have decided to refuse the 1 application; and 2 (b) the applicant is taken to have received notice of the 3 decision at the end of the period.'. 4 Clause 12 Insertion of new ss 148A and 148B, and ch 4, pt 3 5 Before chapter 5-- 6 insert-- 7 `148A Chief executive to notify children's commissioner 8 about particular persons 9 `(1) This section applies if-- 10 (a) the chief executive applies for a prescribed notice about 11 a person and, before the application is decided, the chief 12 executive-- 13 (i) becomes aware that the person no longer proposes 14 to be engaged in regulated employment mentioned 15 in the Commissioner's Act, schedule 1, section 16 6G(1) or (2);4 or 17 (ii) if the person has applied for a certificate of 18 approval--refuses the person's application for the 19 certificate; or 20 (b) the chief executive becomes aware that a person 21 engaged in regulated employment mentioned in 22 paragraph (a)(i) stops being engaged in the employment. 23 `(2) The chief executive must as soon as practicable give the 24 children's commissioner written notice of the fact. 25 `(3) The notice must include-- 26 (a) the person's name, address and date of birth; and 27 (b) if the person has a current positive prescribed 28 notice--the notice's registration number under the 29 Commissioner's Act. 30 4 The Commissioner's Act, schedule 1 (Regulated employment and businesses for employment screening), section 6G (Care of children under Child Protection Act 1999)

 


 

s 12 18 s 12 Child Safety (Carers) Amendment Bill 2006 `148B Obtaining particular information from children's 1 commissioner 2 `(1) The chief executive may ask the children's commissioner for 3 the following information-- 4 (a) information about whether a relevant person-- 5 (i) has a current positive prescribed notice or a current 6 negative prescribed notice; or 7 (ii) has a positive prescribed notice that is suspended 8 under the Commissioner's Act; or 9 (iii) has a current application for a prescribed notice; 10 (b) if the relevant person has a positive notice--the expiry 11 date for the notice; 12 (c) if the relevant person has a negative notice--the date of 13 issue of the notice. 14 `(2) The children's commissioner must comply with a request 15 under subsection (1). 16 `(3) In this section-- 17 relevant person means-- 18 (a) an applicant for a certificate of approval or an adult 19 member of the applicant's household; or 20 (b) the nominee for, or a director of an applicant for or 21 holder of, a licence. 22 `Part 3 Application of Commissioner's 23 Act 24 `148C Application to licensed care service 25 `(1) This section applies for the application of the Commissioner's 26 Act. 27 `(2) If a corporation carries on the business of a licensed care 28 service, each of the following persons is taken to be also 29 carrying on the business-- 30

 


 

s 13 19 s 13 Child Safety (Carers) Amendment Bill 2006 (a) the nominee for the licence; 1 (b) the directors of the licensee. 2 `148D Pending application for prescribed notice 3 `(1) Subsection (2) applies if-- 4 (a) a person who does not have a current positive prescribed 5 notice is taken to be a volunteer engaged in regulated 6 employment under the Commissioner's Act because the 7 person becomes an adult member of-- 8 (i) the household of an applicant for a certificate of 9 approval; or 10 (ii) an approved carer's household; and 11 (b) an application for a prescribed notice about the person is 12 current. 13 `(2) The Commissioner's Act, section 104B,5 does not apply in 14 relation to the person while the application is current. 15 `(3) Subsection (4) applies if-- 16 (a) a corporation holds a licence; and 17 (b) a person who does not have a current positive prescribed 18 notice becomes the nominee for the licence or a director 19 of the corporation; and 20 (c) an application for a prescribed notice about the person is 21 current. 22 `(4) The Commissioner's Act, section 109(1), does not apply to 23 the person while the application is current.'. 24 Clause 13 Amendment of s 159 (Payments for care and 25 maintenance) 26 (1) Section 159(1), `the allowance prescribed under a 27 regulation'-- 28 omit, insert-- 29 5 The Commissioner's Act, section 104B (Starting employment)

 


 

s 14 20 s 15 Child Safety (Carers) Amendment Bill 2006 `the allowance decided by the chief executive'. 1 (2) Section 159-- 2 insert-- 3 `(4) For subsection (1), the amount of the allowance must be 4 worked out under a written policy of the department about the 5 payment of allowances to carers for a child's care and 6 maintenance.'. 7 Clause 14 Amendment of s 159M (Particular prescribed entities 8 giving and receiving relevant information) 9 Section 159M(1)-- 10 insert-- 11 `(e) the principal of a school that is accredited, or 12 provisionally accredited, under the Education 13 (Accreditation of Non-State Schools) Act 2001.'. 14 Clause 15 Insertion of new ch 9, pt 6 15 Before schedule 1-- 16 insert-- 17 `Part 6 Transitional provisions for 18 Child Safety (Carers) 19 Amendment Act 2006 20 `266 Definitions for pt 6 21 `In this part-- 22 commencement means the day on which the provision in 23 which the term is used commences. 24 post-amended Act means this Act as in force after the 25 commencement. 26

 


 

s 16 21 s 16 Child Safety (Carers) Amendment Bill 2006 `267 Application for licence 1 `(1) This section applies to an application made under section 125 2 that, immediately before the commencement, had not been 3 decided. 4 `(2) Sections 125(1)(d) and 126(c) and (d) of the post-amended 5 Act do not apply to the application. 6 `268 Application for particular certificate of approval 7 `(1) This section applies to an application for, or renewal of, a 8 certificate of approval as an approved foster carer that, 9 immediately before the commencement, had not been 10 decided. 11 `(2) Section 135(1)(a)(iii) of the post-amended Act does not apply 12 to the application.'. 13 Clause 16 Amendment of sch 3 (Dictionary) 14 Schedule 3-- 15 insert-- 16 `apply for a prescribed notice means apply for a prescribed 17 notice under the Commissioner's Act. 18 apply for a review, for chapter 4, part 2, division 4, 19 subdivision 3, see section 140AB. 20 children's commissioner means the Commissioner for 21 Children and Young People and Child Guardian under the 22 Commissioner's Act. 23 commencement, for chapter 9, part 6, see section 266. 24 Commissioner's Act means the Commission for Children and 25 Young People and Child Guardian Act 2000. 26 current-- 27 1 A prescribed notice is current if it is in force, and is not 28 suspended, under the Commissioner's Act. 29 2 An application for a prescribed notice is current if it has 30 been made under the Commissioner's Act and has not 31 been decided or withdrawn. 32

 


 

s 17 22 s 17 Child Safety (Carers) Amendment Bill 2006 disqualifying event, for chapter 4, part 2, division 4, 1 subdivision 3, see section 140AB. 2 member, of a person's household, includes-- 3 (a) someone who lives in the person's home; and 4 (b) someone who stays overnight in the person's home at 5 least-- 6 (i) once a week in a month; or 7 (ii) once a fortnight in 2 consecutive months; or 8 (iii) once a month in 6 consecutive months. 9 negative prescribed notice means a negative notice under the 10 Commissioner's Act, schedule 4. 11 positive prescribed notice means a positive notice under the 12 Commissioner's Act, schedule 4. 13 post-amended Act, for chapter 9, part 6, see section 266. 14 prescribed notice means a prescribed notice under the 15 Commissioner's Act, schedule 4. 16 prescribed provision, for chapter 4, part 2, division 4, 17 subdivision 3, see section 140AB. 18 relevant person, for chapter 4, part 2, division 4, subdivision 19 3, see section 140AB.'. 20 Part 3 Amendment of Child Safety 21 Legislation Amendment Act 22 2005 23 Clause 17 Act amended in pt 3 24 This part amends the Child Safety Legislation Amendment Act 25 2005. 26

 


 

s 18 23 s 18 Child Safety (Carers) Amendment Bill 2006 Clause 18 Amendment of s 14 (Insertion of new ch 2, pt 3B of Act 1 No. 10 of 1999) 2 (1) Section 14, proposed section 51Z-- 3 omit, insert-- 4 `51Z Application of pt 3B 5 `This part applies to a child if-- 6 (a) there is no assessment order in force granting custody of 7 the child to the chief executive and the chief executive-- 8 (i) reasonably suspects the child is a child in need of 9 protection and considers an investigation is 10 necessary to assess the child's need of protection; 11 and 12 (ii) is satisfied it is necessary to provide interim 13 protection for the child while the investigation is 14 carried out; or 15 (b) there is no child protection order in force granting 16 custody or guardianship of the child to anyone and the 17 chief executive is satisfied the child-- 18 (i) is a child in need of protection; and 19 (ii) needs ongoing help under this Act.'. 20 (2) Section 14, proposed section 51ZA, `ongoing help'-- 21 omit, insert-- 22 `help, including ongoing help,'. 23 (3) Section 14, proposed section 51ZB-- 24 omit, insert-- 25 `51ZB Considering intervention with agreement 26 `The chief executive must give proper consideration to 27 intervening with the parents' agreement if-- 28 (a) the child's views and wishes, if able to be ascertained, 29 have been considered; and 30 (b) for a child to whom section 51Z(a) applies, the chief 31 executive is satisfied the child's parents are able and 32 willing to work with the chief executive to meet the 33

 


 

s 18 24 s 18 Child Safety (Carers) Amendment Bill 2006 child's interim protection needs while the investigation 1 is carried out; and 2 (c) for a child to whom section 51Z(b) applies, the chief 3 executive is satisfied-- 4 (i) the child's parents are able and willing to work 5 with the chief executive to meet the child's 6 protection and care needs; and 7 (ii) it is likely that, by the end of the proposed 8 intervention, the child's parents will be able to 9 meet the child's protection and care needs.'. 10 (4) Section 14, proposed section 51ZD, `A care agreement'-- 11 omit, insert-- 12 `(1) A care agreement'. 13 (5) Section 14, proposed section 51ZD, after the note-- 14 insert-- 15 `(2) A care agreement entered into for a child to whom section 16 51Z(a) applies is an assessment care agreement. 17 `(3) A care agreement entered into for a child to whom section 18 51Z(b) applies is a child protection care agreement.'. 19 (6) Section 14, proposed section 51ZG-- 20 omit, insert-- 21 `51ZG Effect of particular agreement 22 `While a child protection care agreement is in force for the 23 child, the chief executive has custody of the child.'. 24 (7) Section 14, proposed section 51ZH(2) to (7)-- 25 renumber as section 51ZH(4) to (9). 26 (8) Section 14, proposed section 51ZH-- 27 insert-- 28 `(2) The period of an assessment care agreement must not be more 29 than 30 days. 30 `(3) An assessment care agreement may not be extended.'. 31 (9) Section 14, proposed section 51ZH(4) to (8), as renumbered, 32 before `care agreement'-- 33

 


 

s 19 25 s 19 Child Safety (Carers) Amendment Bill 2006 insert-- 1 `child protection'. 2 Clause 19 Amendment of s 38 (Replacement of ss 132-135 of Act 3 No. 10 of 1999) 4 (1) Section 38, proposed section 133(3)-- 5 omit, insert-- 6 `(3) The approved form may require the disclosure of any of the 7 following-- 8 (a) the applicant's criminal history, domestic violence 9 history and traffic history; 10 (b) the membership of the applicant's household; 11 (c) information of which the applicant is aware, or that the 12 applicant reasonably suspects, about the criminal 13 history, domestic violence history and traffic history of 14 each member of the applicant's household; 15 (d) information about whether the applicant and each adult 16 member of the applicant's household has a current 17 positive prescribed notice, a current negative prescribed 18 notice or a current application for a prescribed notice; 19 (e) if the applicant or an adult member of the applicant's 20 household has a current positive prescribed notice--the 21 expiry date for the notice.'. 22 (2) Section 38, proposed section 134(3)-- 23 insert-- 24 `(d) information about whether the applicant and each adult 25 member of the applicant's household has a current 26 positive prescribed notice, a current negative prescribed 27 notice or a current application for a prescribed notice; 28 (e) if the applicant or an adult member of the applicant's 29 household has a current positive prescribed notice--the 30 expiry date for the notice.'. 31 (3) Section 38, proposed section 135, `The chief executive'-- 32 omit, insert-- 33

 


 

s 20 26 s 20 Child Safety (Carers) Amendment Bill 2006 `(1) The chief executive'. 1 (4) Section 38, proposed section 135(1)(a)(iii) and (iv), as 2 renumbered-- 3 renumber as section 135(1)(a)(iv) and (v). 4 (5) Section 38, proposed section 135(1)(a), as renumbered-- 5 insert-- 6 `(iii) the applicant and each adult member of the 7 applicant's household have a current positive 8 prescribed notice; and'. 9 (6) Section 38, proposed section 135(1)(b)(iv) and (v), as 10 renumbered-- 11 renumber as section 135(1)(b)(v) and (vi). 12 (7) Section 38, proposed section 135(1)(b), as renumbered-- 13 insert-- 14 `(iv) the applicant and each adult member of the 15 applicant's household have a current positive 16 prescribed notice; and'. 17 (8) Section 38, proposed section 135-- 18 insert-- 19 `(2) In this section-- 20 adult member, of an applicant's household, means a person 21 who is an adult member of the household both at the time 22 when the application is made and when it is decided.'. 23 Clause 20 Amendment of s 42 (Amendment of s 137 (Amendment of 24 authority on application of holder) of Act No. 10 of 1999) 25 Section 42-- 26 insert-- 27 `(2A) Section 137(5), as renumbered, after `person'-- 28 insert-- 29 `and has a current positive prescribed notice or a current 30 application for a prescribed notice'.'. 31

 


 

s 21 27 s 22 Child Safety (Carers) Amendment Bill 2006 Clause 21 Amendment of s 44 (Insertion of new ss 138A-138C of 1 Act No. 10 of 1999) 2 (1) Section 44, proposed section 138B(2)(b)-- 3 omit. 4 (2) Section 44, proposed section 138B(2)(c) and (d)-- 5 renumber as proposed section 138B(2)(b) and (c). 6 Clause 22 Amendment of s 45 (Amendment of s 139 (Authority may 7 be suspended or cancelled) of Act No. 10 of 1999) 8 (1) Section 45-- 9 insert-- 10 `(3A) Section 139(1)(h), as renumbered-- 11 omit, insert-- 12 `(h) it is inappropriate for the holder to continue to hold the 13 authority because of-- 14 (i) information given to the chief executive under 15 division 6 or the Commissioner's Act, other than 16 information in relation to which the chief executive 17 must suspend or cancel the authority under 18 subdivision 3; or 19 (ii) a circumstance prescribed under a regulation.'.'. 20 (2) Section 45(4), `section 139(5)'-- 21 omit, insert-- 22 `section 139(7)'. 23 (3) Section 45(5), after proposed section 139(4)-- 24 insert-- 25 `(5) Also, the chief executive may suspend or cancel an authority 26 if any of the following persons does not have a current 27 positive prescribed notice-- 28 (a) if the authority is a licence--a relevant person for the 29 licence; 30

 


 

s 23 28 s 24 Child Safety (Carers) Amendment Bill 2006 (b) if the authority is a certificate of approval--the holder of 1 the certificate or an adult member of the holder's 2 household. 3 `(6) Subsection (5) does not apply to an authority that may be 4 suspended or cancelled under subdivision (3).'. 5 Clause 23 Amendment of s 49 (Amendment of s 141 (Amendment, 6 suspension and cancellation of authorities) of Act No. 10 7 of 1999) 8 Section 49-- 9 insert-- 10 `(2A) Section 141(4), after `cancellation'-- 11 insert-- 12 `, other than under subdivision 3,'.'. 13 Clause 24 Amendment of s 51 (Replacement of ch 4, pt 2, div 5, hdg 14 and s 142 of Act No. 10 of 1999) 15 (1) Section 51, proposed section 141B(1)-- 16 omit, insert-- 17 `(1) A person's personal history is-- 18 (a) for the nominee for a licence or a person to whom 19 section 141D applies--the person's domestic violence 20 history and traffic history; or 21 (b) for an approved foster carer or kinship carer, or a 22 member of the carer's household who has a current 23 positive prescribed notice--the person's domestic 24 violence history and traffic history; or 25 (c) for a member of an approved foster carer's or kinship 26 carer's household who does not have a current positive 27 prescribed notice--the person's criminal history, 28 domestic violence history and traffic history; or 29 (d) for a provisionally approved carer or a member of the 30 carer's household--the person's criminal history, 31 domestic violence history and traffic history.'. 32

 


 

s 24 29 s 24 Child Safety (Carers) Amendment Bill 2006 (2) Section 51, proposed chapter 4, part 2, division 6-- 1 omit, insert-- 2 `Division 6 Notification of other information 3 about licences and associated 4 persons 5 `141H Nominee for licence 6 `(1) This section applies to the nominee for a licence if any of the 7 following events happen-- 8 (a) the nominee applies for a prescribed notice and the 9 application is withdrawn; 10 (b) the nominee is charged with an excluding offence or 11 convicted of a serious offence; 12 (c) the nominee must, under the Commissioner's Act, 13 section 113 or 114,6 apply for a further prescribed 14 notice; 15 (d) the nominee becomes aware that an application for a 16 prescribed notice about a relevant person for the 17 licence-- 18 (i) is withdrawn; or 19 (ii) is made because of a change in the person's 20 criminal history; 21 (e) the nominee becomes aware that a relevant person for 22 the licence-- 23 (i) is charged with an excluding offence or convicted 24 of a serious offence; or 25 (ii) is issued with or given a negative prescribed notice. 26 `(2) The nominee must, immediately after the event happens, give 27 the chief executive written notice of the event. 28 Maximum penalty--100 penalty units. 29 6 The Commissioner's Act, section 113 (Change in criminal history of person carrying on regulated business) or 114 (Change in criminal history of other persons)

 


 

s 24 30 s 24 Child Safety (Carers) Amendment Bill 2006 `(3) For an event mentioned in subsection (1)(d) or (e), the notice 1 must state-- 2 (a) the relevant person's name and date of birth; and 3 (b) if the person has a current positive prescribed 4 notice--the notice's registration number under the 5 Commissioner's Act. 6 `(4) In this section-- 7 relevant person, for a licence, means-- 8 (a) a person responsible for directly managing the licensed 9 care service under the licence; or 10 (b) a person engaged in relation to the provision of care 11 services by the service. 12 `141I Director of licensee 13 `(1) This section applies if any of the following events happen in 14 relation to a director of a licensee-- 15 (a) the director applies for a prescribed notice and the 16 application is withdrawn; 17 (b) the director is charged with an excluding offence or 18 convicted of a serious offence; 19 (c) the director must, under the Commissioner's Act, 20 section 113 or 114, apply for a further prescribed notice. 21 `(2) The director must immediately disclose to the nominee for the 22 licence the fact that the event has happened. 23 Maximum penalty--100 penalty units. 24 `(3) On receiving the disclosure, the nominee must immediately 25 give the chief executive written notice of the event. 26 Maximum penalty--100 penalty units.'. 27 (3) Section 51, proposed section 142-- 28 omit, insert-- 29 `142 Meaning of police information 30 `In this division-- 31 police information, about a person, means the following-- 32

 


 

s 24 31 s 24 Child Safety (Carers) Amendment Bill 2006 (a) for an applicant for a certificate of approval who has, or 1 to whom the chief executive proposes to issue, a 2 provisional certificate--the person's criminal history 3 and domestic violence history; 4 (b) for another applicant for a certificate of approval--the 5 person's domestic violence history; 6 (c) for a holder of a foster carer or kinship carer 7 certificate--the person's domestic violence history; 8 (d) for an adult member of the household of a person 9 mentioned in paragraph (a)--the person's criminal 10 history and domestic violence history; 11 (e) for an adult member of the household of a person 12 mentioned in paragraph (b) or (c), other than an adult 13 member to whom paragraph (f) or (g) applies--the 14 person's domestic violence history; 15 (f) for a person who does not have a current positive 16 prescribed notice and becomes an adult member of the 17 household of an applicant mentioned in paragraph (b) 18 after the application is made--the person's criminal 19 history and domestic violence history; 20 (g) for a person who does not have a current positive 21 prescribed notice and becomes an adult member of an 22 approved foster carer's or kinship carer's household 23 after the carer is issued with a certificate of 24 approval--the person's criminal history and domestic 25 violence history; 26 (h) for a person mentioned in section 142A(a)--the 27 person's domestic violence history.'. 28 (4) Section 51, proposed section 142C(2), `charge, or of 29 investigative information,'-- 30 omit, insert-- 31 `charge'. 32 (5) Section 51, proposed section 142C(5)-- 33 omit. 34 (6) Section 51, proposed section 142D-- 35 omit. 36

 


 

s 25 32 s 27 Child Safety (Carers) Amendment Bill 2006 (7) Section 51, proposed section 142E-- 1 renumber as section 142D. 2 Clause 25 Omission of s 52 (Amendment of s 143 (Effect of failure to 3 decide application for, or for renewal of, authority) of Act 4 No. 10 of 1999) 5 Section 52-- 6 omit. 7 Clause 26 Amendment of s 66 (Insertion of new ch 9, pt 5 of Act No. 8 10 of 1999) 9 Section 66, proposed section 263(2)(a)-- 10 omit, insert-- 11 `(a) if the administrative approval was given before 30 June 12 2004--the anniversary of the day of its issue first 13 happening after 30 June 2006; or' 14 Clause 27 Replacement of s 67 (Replacement of sch 2 (Reviewable 15 decisions and aggrieved persons) of Act No. 10 of 1999) 16 Section 67-- 17 omit, insert-- 18 `67 Replacement of sch 2 (Reviewable decisions and 19 aggrieved persons) 20 Schedule 2-- 21 omit, insert-- 22

 


 

s 27 33 s 27 Child Safety (Carers) Amendment Bill 2006 `Schedule 2 Reviewable decisions and 1 aggrieved persons 2 section 247 and schedule 3, definitions aggrieved person and 3 reviewable decision 4 Reviewable decision Aggrieved person Directing a parent in relation to a The parent given the direction supervision matter stated in a child protection order (section 78) Deciding in whose care to place a The child's parents or the child child under a child protection order granting the chief executive custody or guardianship (section 86(2)) Not informing a child's parents of A parent given the notice or the person in whose care the child is and child where the child is living (section 86(4)) Refusing to allow, restricting, or A person affected by the decision imposing conditions on, contact between a child and the child's parents or a member of the child's family (section 87(2)) Removing a child from the care of A carer entitled to apply to have a the child's carer (section 89) decision reviewed under section 91 or a child to whom a notice must be given stating the matters mentioned in section 90(4)(b) to (d) Refusing an application for, or to The applicant or licensee renew, a licence (section 129) other than because a person mentioned in section 126(b)(i) or (ii) does not have a current positive prescribed notice

 


 

s 28 34 s 28 Child Safety (Carers) Amendment Bill 2006 Reviewable decision Aggrieved person Refusing an application for, or to The applicant or certificate holder renew, a certificate of approval as an approved foster carer or an approved kinship carer (section 136) other than because a person mentioned in section 135(1)(a)(iii) or (b)(iv) does not have a current positive prescribed notice Refusing an application to amend an The authority holder authority other than a provisional certificate (section 137) Amending an authority other than a The authority holder provisional certificate (section 138) Suspending or cancelling an The authority holder authority other than a provisional certificate (section 140) Cancelling an authority (section The authority holder 140AG(3) or (4) or 140AH) Arranging for an interstate welfare A person to whom notice of the authority to assume custody or decision must be given under guardianship of a child (section 245) section 245(6)'.'. Clause 28 Amendment of s 68 (Amendment of sch 3 (Dictionary) of 1 Act No. 10 of 1999) 2 (1) Section 68(2), proposed definitions approved carer, 3 investigated person and investigative information-- 4 omit. 5 (2) Section 68(2)-- 6 insert-- 7 `approved carer-- 8 (a) generally, means-- 9 (i) an approved foster carer; or 10 (ii) an approved kinship carer; or 11 (iii) a provisionally approved carer; or 12

 


 

s 29 35 s 30 Child Safety (Carers) Amendment Bill 2006 (b) for chapter 4, part 2, division 4, subdivision 3--see 1 section 140AB. 2 assessment care agreement see section 51ZD(2). 3 child protection care agreement see section 51ZD(3). 4 convicted means found guilty, or having a plea of guilty 5 accepted, by a court whether or not a conviction is recorded. 6 excluding offence means an excluding offence under the 7 Commissioner's Act. 8 serious offence means a serious offence under the 9 Commissioner's Act.'. 10 (3) Section 68(2), proposed definition care agreement, `section 11 51ZD'-- 12 omit, insert-- 13 `section 51ZD(1)'. 14 (4) Section 68(2), proposed definition kin, paragraph (a), second 15 occurring-- 16 renumber as proposed definition kin, paragraph (b). 17 Part 4 Amendment of Commission for 18 Children and Young People and 19 Child Guardian Act 2000 20 Clause 29 Act amended in pt 4 21 This part amends the Commission for Children and Young 22 People and Child Guardian Act 2000. 23 Clause 30 Insertion of new s 99BA 24 After section 99B-- 25 insert-- 26

 


 

s 31 36 s 32 Child Safety (Carers) Amendment Bill 2006 `99BA Matters about particular regulated employment 1 `(1) This section applies if a person is engaged, or proposes to be 2 engaged, in regulated employment mentioned in schedule 1, 3 section 6G(1) or (2). 4 `(2) For this part, and for no other purpose-- 5 (a) the State is taken to be employing, or proposing to 6 employ, the person in the regulated employment; and 7 (b) the chief executive (child safety) may carry out a 8 function of the State relating to the person; and 9 (c) if the person must disclose information to the person's 10 employer, or notify the employer about a matter--the 11 person must disclose the information to, or notify, the 12 chief executive (child safety). 13 14 Note-- 15 This declaration arises out of the volunteer or non-employee status of 16 persons engaged in regulated employment mentioned in schedule 1, 17 section 6G(1) or (2).'. Clause 31 Amendment of s 99F (Who is a volunteer) 18 Section 99F(2), definition financial reward-- 19 omit, insert-- 20 `financial reward does not include-- 21 (a) a payment that is a reimbursement for out-of-pocket 22 expenses; or 23 (b) for a person who is an approved carer--an allowance or 24 other amount paid to the person under the Child 25 Protection Act 1999, section 159.7'. 26 Clause 32 Amendment of s 100 (Application for notice--regulated 27 employment) 28 (1) Section 100(6)-- 29 renumber as section 100(8). 30 7 Child Protection Act 1999, section 159 (Payments for care and maintenance)

 


 

s 33 37 s 34 Child Safety (Carers) Amendment Bill 2006 (2) Section 100-- 1 insert-- 2 `(6) For an application under subsection (1)-- 3 (a) the employee is liable to pay the employer the fee 4 mentioned in subsection (2)(d); and 5 (b) if the employer pays the fee, the amount of the fee is a 6 debt payable by the employee to the employer. 7 `(7) Subsection (6) applies subject to-- 8 (a) a written agreement entered into between the employer 9 and the employee; or 10 (b) an industrial instrument under the Industrial Relations 11 Act 1999; or 12 (c) another document that regulates wages and conditions 13 of employment and is enforceable under the Workplace 14 Relations Act 1996 (Cwlth).'. 15 Clause 33 Amendment of s 101 (Application for notice--regulated 16 business) 17 (1) Section 101(7)-- 18 renumber as section 101(8). 19 (2) Section 101-- 20 insert-- 21 `(7) Also, the person is taken to have withdrawn the application 22 if-- 23 (a) the person gives the commissioner, or the commissioner 24 gives the person, written notice that the person is 25 charged with an excluding offence; and 26 (b) the commissioner gives the person a notice of deemed 27 withdrawal under this subsection.'. 28 Clause 34 Amendment of s 102B (Actions of commissioner after 29 making decision on application) 30 (1) Section 102B(4)(c), `or the nominee of a licensee'-- 31

 


 

s 35 38 s 35 Child Safety (Carers) Amendment Bill 2006 omit, insert-- 1 `the nominee of a licensee, or an adult occupant of a carer's 2 home that is a licensed home based service'. 3 (2) Section 102B(4)-- 4 insert-- 5 `(e) if the commissioner is aware that the relevant person is 6 the nominee for, or an executive officer of an applicant 7 for or holder of, a licence under the Child Protection Act 8 1999--the chief executive (child safety).'. 9 (3) Section 102B-- 10 insert-- 11 `(4A) If, under section 102(6)(a), a relevant person is issued with a 12 negative notice and a notice about the person is given to the 13 chief executive (child safety) under subsection (4), that notice 14 must state that the person was issued with the negative notice 15 under section 102(6)(a).'. 16 (4) Section 102B(4A) to (6)-- 17 renumber as section 102B(5) to (7). 18 Clause 35 Replacement of s 104B (Starting employment) 19 Section 104B-- 20 omit, insert-- 21 `104B Starting employment 22 `A person must not employ another person (the employee) in 23 regulated employment unless the employee has a positive 24 notice. 25 Maximum penalty--10 penalty units. 26 27 Note-- 28 For the application of this section to persons taken to be volunteers 29 engaged in regulated employment mentioned in schedule 1, section 30 6G(2), see the Child Protection Act 1999, section 148D.8 8 Child Protection Act 1999, section 148D (Pending application for prescribed notice)

 


 

s 36 39 s 37 Child Safety (Carers) Amendment Bill 2006 `104BACurrency of prescribed notice for person continuing 1 employment 2 `(1) This section applies if-- 3 (a) a person has a positive notice (the previous notice) and 4 is employed in regulated employment; and 5 (b) the person's employer applied for a further prescribed 6 notice about the person at least 30 days before the 7 previous notice expires; and 8 (c) the application has not been decided. 9 `(2) Despite section 104(2), but subject to suspension or 10 cancellation of the previous notice, the previous notice 11 remains current from the day it would otherwise end under 12 that subsection until the application is decided or withdrawn.'. 13 Clause 36 Amendment of s 108 (Person holding negative notice, or 14 who has withdrawn consent to employment screening, 15 not to apply for, or start or continue in, regulated 16 employment) 17 (1) Section 108(2), `apply for, or start or continue in,'-- 18 omit, insert-- 19 `start or continue in'. 20 (2) Section 108(2), from `but' to `before'-- 21 omit, insert-- 22 `but withdrawn under section 123(2) or (3B) before'. 23 Clause 37 Insertion of new s 109A 24 Part 6, division 3, subdivision 2, after section 109-- 25 insert-- 26 `109A Currency of prescribed notice for person carrying on 27 regulated business 28 `(1) This section applies if-- 29 (a) a person to whom section 109 applies has a positive 30 notice (a previous notice); and 31

 


 

s 38 40 s 38 Child Safety (Carers) Amendment Bill 2006 (b) the person applied for a further prescribed notice about 1 the person at least 30 days before the previous notice 2 expires; and 3 (c) the application has not been decided. 4 `(2) Despite section 104(2), but subject to suspension or 5 cancellation of the previous notice, the previous notice 6 remains current from the day it would otherwise end under 7 that subsection until the application is decided or withdrawn.'. 8 Clause 38 Amendment of s 119A (Cancellation if conviction for 9 excluding offence and imprisonment or disqualification 10 order) 11 (1) Section 119A(4)(c) and (d), `if the relevant person'-- 12 omit, insert-- 13 `if the commissioner is aware that the person'. 14 (2) Section 119A(4)(d), `disciplining the relevant person'-- 15 omit, insert-- 16 `disciplining the person'. 17 (3) Section 119A(4)-- 18 insert-- 19 `(e) if the commissioner is aware that the person is the 20 nominee for, or an executive officer of an applicant for 21 or holder of, a licence under the Child Protection Act 22 1999--the chief executive (child safety).'. 23 (4) Section 119A-- 24 insert-- 25 `(4A) A notice given to the chief executive (child safety) under 26 subsection (4) about a person must state that the person was 27 given the negative notice under section 119A.'. 28 (5) Section 119A(4A) to (7)-- 29 renumber as section 119A(5) to (8). 30

 


 

s 39 41 s 40 Child Safety (Carers) Amendment Bill 2006 Clause 39 Amendment of s 119C (Effect of charge for excluding 1 offence pending charge being dealt with) 2 (1) Section 119C(5)(c) and (d), `if the person'-- 3 omit, insert-- 4 `if the commissioner is aware that the person'. 5 (2) Section 119C(5)(d), `relevant person'-- 6 omit, insert-- 7 `person'. 8 (3) Section 119C(5)-- 9 insert-- 10 `(e) if the commissioner is aware that the person is the 11 nominee for, or an executive officer of an applicant for 12 or holder of, a licence under the Child Protection Act 13 1999--the chief executive (child safety).'. 14 Clause 40 Amendment of s 121 (Person may apply for review of 15 decision) 16 (1) Section 121(1)-- 17 omit, insert-- 18 `(1) A person may apply to the Children Services Tribunal for a 19 review of either of the following decisions of the 20 commissioner-- 21 (a) a decision as to whether or not there is an exceptional 22 case as mentioned in section 102(4) or (7), 119B(2) or 23 119D(3) if, because of the decision, the commissioner 24 issued a negative notice, or refused to cancel a negative 25 notice, about the person; 26 (b) a decision that the person had been charged with an 27 excluding offence if, because of the decision, the 28 positive notice held by the person was suspended under 29 section 119C(1).'. 30

 


 

s 41 42 s 42 Child Safety (Carers) Amendment Bill 2006 (2) Section 121-- 1 insert-- 2 `(1A) An application to review a decision mentioned in subsection 3 (1)(b) may only be made if the person claims he or she has not 4 been charged with the relevant excluding offence.'. 5 Clause 41 Amendment of s 122 (Commissioner may obtain 6 information from police commissioner) 7 Section 122(1)(b), from `been withdrawn'-- 8 omit, insert-- 9 `been withdrawn; or'. 10 Clause 42 Amendment of s 122A (Notice of change in police 11 information about a person) 12 (1) Section 122A(1)-- 13 omit, insert-- 14 `(1) This section applies if, for a person in relation to whom either 15 of the following happens, the police commissioner reasonably 16 suspects the person is a person mentioned in section 122(1)(a) 17 to (c)-- 18 (a) the person's criminal history changes; 19 (b) the police commissioner decides, under section 121A, 20 that information about the person is investigative 21 information (regardless of when the act or omission 22 relevant to the investigative information happened or is 23 alleged to have happened). 24 `(1A) The police commissioner may notify the commissioner that-- 25 (a) the person's criminal history has changed; or 26 (b) the police commissioner has decided that information 27 about the person is investigative information.'. 28 (2) Section 122A(2)(c)-- 29 omit, insert-- 30

 


 

s 43 43 s 44 Child Safety (Carers) Amendment Bill 2006 `(c) a brief description of the conviction or charge to which 1 the change relates, or of the investigative information.'. 2 (3) Section 122A(4), `subsection (1)'-- 3 omit, insert-- 4 `subsection (1A)'. 5 Clause 43 Amendment of s 123 (Withdrawal of employee's consent 6 to employment screening) 7 (1) Section 123(5)-- 8 renumber as section 123(6). 9 (2) Section 123-- 10 insert-- 11 `(5) If the employee's consent to employment screening under this 12 part is withdrawn, the application is taken to have been 13 withdrawn.'. 14 Clause 44 Insertion of new s 123A 15 After section 123-- 16 insert-- 17 `123A Notice about withdrawal of application or negative 18 notice 19 `(1) This section applies if-- 20 (a) an application about a person is made under section 100 21 or 101;9 and 22 (b) the application is withdrawn or the person has a current 23 negative notice. 24 `(2) The commissioner must give written notice about the 25 withdrawal or the negative notice to the following-- 26 (a) if the person is employed in regulated employment--the 27 employer; 28 9 The Commissioner's Act, section 100 (Application for notice--regulated employment) or 101 (Application for notice--regulated business)

 


 

s 45 44 s 46 Child Safety (Carers) Amendment Bill 2006 (b) if the person is a trainee student of an education 1 provider--the education provider; 2 (c) if the commissioner is aware that the person is a 3 licensee, the nominee of a licensee, or an adult occupant 4 of a carer's home that is a licensed home based service, 5 under the Child Care Act 2002--the chief executive of 6 the department in which that Act is administered; 7 (d) if the commissioner is aware that the person is carrying 8 on a regulated business as a religious representative and 9 considers there is an entity within the relevant organised 10 or recognised religious group with responsibility for 11 supervising or disciplining the person--the entity; 12 (e) if the commissioner is aware that the person is the 13 nominee for, or an executive officer of an applicant for 14 or holder of, a licence under the Child Protection Act 15 1999--the chief executive (child safety). 16 `(3) If the notice under subsection (2) is about the person having a 17 current negative notice, it must state each of the following-- 18 (a) the date of issue of the negative notice; 19 (b) if it is given to the chief executive (child safety) and the 20 negative notice was issued or given to the person under 21 section 102(6)(a) or 119A--the section under which the 22 negative notice was issued or given.'. 23 Clause 45 Amendment of s 126 (Use of information obtained under 24 this part about a person) 25 Section 126, after `for this part'-- 26 insert-- 27 `or a report under section 163'. 28 Clause 46 Amendment of s 126B (Commissioner may give 29 information to accreditation board about director of 30 school's governing body) 31 Section 126B(2)-- 32 insert-- 33

 


 

s 47 45 s 47 Child Safety (Carers) Amendment Bill 2006 `(c) if an application by a director under section 101 is 1 withdrawn--the withdrawal of the application.'. 2 Clause 47 Insertion of new s 126D 3 Part 6, division 5-- 4 insert-- 5 `126D Notice of charge or conviction for serious offence 6 `(1) This section applies if-- 7 (a) because of information given to the commissioner by 8 the chief executive (child safety), the commissioner is 9 satisfied a person-- 10 (i) is a provisionally approved carer or an adult 11 member of a provisionally approved carer's 12 household; or 13 (ii) is, and was at the commencement of this section, 14 an approved carer; or 15 (iii) is an adult member of an approved carer's 16 household; or 17 (iv) is a person who becomes an adult member of the 18 household of an applicant to be an approved carer 19 after the application is made and before it is 20 decided; and 21 (b) an application for a prescribed notice about the person is 22 current; and 23 (c) the commissioner is aware that the person is charged 24 with, or convicted of, a serious offence after the 25 application is made. 26 `(2) The commissioner must as soon as practicable give written 27 notice to the chief executive (child safety) stating the 28 following-- 29 (a) the person's name; 30 (b) that there has been a change in the person's criminal 31 history; 32 (c) whether or not the change in criminal history is a charge 33 or conviction; 34

 


 

s 48 46 s 48 Child Safety (Carers) Amendment Bill 2006 (d) that the charge or conviction is for a serious offence. 1 `(3) In this section-- 2 approved carer does not include a provisionally approved 3 carer.'. 4 Clause 48 Amendment of s 152 (Confidentiality of information about 5 criminal history) 6 (1) Section 152-- 7 insert-- 8 `(2A) This section also applies to a person who is or has been-- 9 (a) the Minister and in that capacity received a verbal 10 report, or a written report (a document), under section 11 16310 that included information mentioned in subsection 12 (1)(b); or 13 (b) a person mentioned in subsection (4)(c) or (d) and in 14 that capacity acquired the information, or gained access 15 to the document in so far as it relates to the 16 information.'. 17 (2) Section 152(4)-- 18 insert-- 19 `(ba) if subsection (2A)(a) applies--to a public service officer 20 of the department, the commissioner, a staff member or 21 a member of the Minister's staff for the purpose of 22 obtaining advice relating to the information; or 23 (bb) if subsection (2A)(b) applies-- to the Minister, a public 24 service officer of the department, the commissioner, a 25 staff member or a member of the Minister's staff for the 26 purpose of providing advice to the Minister relating to 27 the information; or'. 28 (3) Section 152(4)(d), after `Act'-- 29 insert-- 30 `or is authorised under section 163'. 31 10 Section 163 (Other reports by the commissioner)

 


 

s 49 47 s 50 Child Safety (Carers) Amendment Bill 2006 (4) Section 152(4)(ba) to (d)-- 1 renumber as section 152(4)(c) to (f). 2 Clause 49 Amendment of s 153 (Confidentiality of other 3 information) 4 (1) Section 153(3), before paragraph (a)-- 5 insert-- 6 `(aa) the Minister or a member of the Minister's staff; or'. 7 (2) Section 153(3)-- 8 insert-- 9 `(ba) a public service officer of the department; or'. 10 (3) Section 153(3)(aa) to (d)-- 11 renumber as section 153(3)(a) to (f). 12 (4) Section 153-- 13 insert-- 14 `(5) Without limiting subsection (4)(a), a person makes a record of 15 confidential information or discloses it to someone else for 16 this Act in the following circumstances-- 17 (a) if the person is the Minister--the Minister makes the 18 record, or discloses the information to the 19 commissioner, a member of the commission's staff, a 20 public service officer of the department or a member of 21 the Minister's staff, (the relevant person) for the 22 purpose of obtaining advice relating to a report given to 23 the Minister under section 163; 24 (b) if the person is a relevant person--the person makes the 25 record, or discloses the information to the Minister or 26 another relevant person, for the purpose of providing 27 advice to the Minister relating to the report.'. 28 Clause 50 Amendment of s 161 (Protection from liability) 29 (1) Section 161(3), definition official, before paragraph (a)-- 30 insert-- 31

 


 

s 51 48 s 51 Child Safety (Carers) Amendment Bill 2006 `(aa) the Minister or a member of the Minister's staff; or'. 1 (2) Section 161(3), definition official-- 2 insert-- 3 `(ba) a public service officer of the department; or'. 4 (3) Section 161(3), definition official, paragraph (c), `(a) or (b)'-- 5 omit, insert-- 6 `(b) or (c)'. 7 (4) Section 161(3), definition official, paragraphs (aa) to (d)-- 8 renumber as paragraphs (a) to (f). 9 Clause 51 Replacement of s 163 (Other reports relating to 10 commissioner's functions) 11 Section 163-- 12 omit, insert-- 13 `163 Other reports by commissioner 14 `(1) The commissioner may provide the Minister with a report 15 relating to the administration of this Act, including the 16 performance and exercise of the commissioner's functions 17 and powers under this Act. 18 `(2) The commissioner must provide the Minister with a report of 19 a type mentioned in subsection (1) if the Minister asks for it. 20 `(3) A report under this section-- 21 (a) may relate to matters generally or to a particular matter; 22 or 23 (b) may include confidential information about a person 24 obtained under part 6 including confidential information 25

 


 

s 52 49 s 53 Child Safety (Carers) Amendment Bill 2006 to which section 126 or 153 applies or that is mentioned 1 in 152(1)(b).11'. 2 Clause 52 Amendment of s 163A (Annual report by commission) 3 Section 163A-- 4 insert-- 5 `(c) information about the number of times the Minister 6 asked the commissioner for a report under section 163 7 during the year.'. 8 Clause 53 Insertion of new s 164A 9 After section 164-- 10 insert-- 11 `164A Commissioner may enter into arrangement with 12 chief executive (child safety) 13 `(1) The commissioner and the chief executive (child safety) may 14 enter into a written arrangement about the administration of 15 part 612 in relation to-- 16 (a) a person who is or is likely to be engaged in regulated 17 employment mentioned in schedule 1, section 6G; or 18 (b) a regulated business mentioned in schedule 1, section 19 16. 20 `(2) Without limiting subsection (1), the arrangement may provide 21 for the electronic transfer of information, including on a daily 22 basis, held by the commissioner about the person or business. 23 `(3) However, if information is to be electronically transferred and, 24 under this Act, there is a limitation on who may access the 25 information or the purposes for which the information may be 26 used, the arrangement must provide for the limitation.'. 27 11 Sections 126 (Use of information obtained under this part about a person), (152 (Confidentiality of information about criminal history) and 153 (Confidentiality of other information) 12 Part 6 (Screening for regulated employment and regulated businesses)

 


 

s 54 50 s 54 Child Safety (Carers) Amendment Bill 2006 Clause 54 Insertion of new pt 9, div 8 1 After section 195-- 2 insert-- 3 `Division 8 Further transitional provisions for 4 the Commission for Children and 5 Young People and Child Guardian 6 Amendment Act 2004 7 `196 Definitions for div 8 8 `In this division-- 9 commencement means commencement of this section. 10 post-amended Act means the Commission for Children and 11 Young People and Child Guardian Act 2000 as in force from 12 time to time on and after 17 January 2005 and before the 13 commencement. 14 pre-amended Act means the Commission for Children and 15 Young People and Child Guardian Act 2000 as in force 16 immediately before 17 January 2005. 17 relevant applicant, in relation to a relevant application, means 18 the person in relation to whom the relevant application is 19 made. 20 relevant application means an application under section 100 21 or 10113 of the pre-amended Act that was received by the 22 commissioner before 17 January 2005. 23 suitability notice means a suitability notice under the 24 pre-amended Act. 25 `197 Main purpose of div 8 26 `The main purpose of this division is to clarify and declare the 27 law applying, in particular circumstances, to relevant 28 applications and to suitability notices. 29 13 Section 100 (Application for notice--regulated employment) or 101 (Application for notice--regulated business) of the pre-amended Act

 


 

s 54 51 s 54 Child Safety (Carers) Amendment Bill 2006 `198 Circumstances, after commencement, in which 1 pre-amended Act applies to outstanding relevant 2 application 3 `(1) This section applies to a relevant application and the relevant 4 applicant if-- 5 (a) a decision under section 102(1)14 of the pre-amended 6 Act about the relevant application had not been made 7 before 17 January 2005; and 8 (b) before the commencement, the commissioner had not 9 issued a prescribed notice to the relevant applicant; and 10 (c) on or after 17 January 2005, no police information and 11 no disciplinary information about the relevant applicant 12 was received by the commissioner. 13 `(2) The pre-amended Act applies to the relevant application and 14 the relevant applicant for the purpose of making a decision 15 about the relevant application. 16 `(3) If the decision, by application of the pre-amended Act, 17 involves declaring the relevant applicant to be a suitable 18 person for child-related employment, the relevant applicant is 19 to be issued, under section 102(2)(a) of this Act, with a 20 positive notice. 21 `(4) If the decision, by application of the pre-amended Act, 22 involves declaring the relevant applicant to be an unsuitable 23 person for child-related employment, the relevant applicant is 24 to be issued, under section 102(2)(b) of this Act, with a 25 negative notice. 26 `(5) On the issuing of a positive notice as mentioned in subsection 27 (3), or a negative notice as mentioned in subsection (4), this 28 Act, and not the pre-amended Act, applies. 29 `(6) Despite subsection (5), if a negative notice is issued-- 30 (a) the relevant applicant may only apply under section 121 31 of the pre-amended Act for a review of the decision 32 under section 102 of the pre-amended Act; and 33 14 Section 102 (Decision on application) of the pre-amended Act

 


 

s 54 52 s 54 Child Safety (Carers) Amendment Bill 2006 (b) the pre-amended Act applies to the application for 1 review, the review and any appeal relating to the 2 decision on review. 3 `199 Circumstances, after commencement, in which this 4 Act applies to outstanding relevant application 5 `This Act, and not the pre-amended Act, applies to all matters 6 relating to a relevant application, and any decision relating to 7 the relevant application, if-- 8 (a) a decision under section 102(1) of the pre-amended Act 9 about the relevant application had not been made before 10 17 January 2005; and 11 (b) before the commencement, the commissioner had not 12 issued a prescribed notice to the relevant applicant; and 13 (c) on or after 17 January 2005, police information or 14 disciplinary information about the relevant applicant 15 was received by the commissioner. 16 `200 Relevant applications dealt with before 17 commencement 18 `(1) This section applies to a relevant application if a decision in 19 relation to the relevant application was made on or after 17 20 January 2005 and before the commencement. 21 `(2) If the commissioner dealt with the relevant application by 22 applying the pre-amended Act, it is declared that-- 23 (a) the relevant application has been validly dealt with by 24 applying the pre-amended Act; and 25 (b) a decision of the commissioner in relation to the relevant 26 application is not invalid only because the decision 27 involved the application of the pre-amended Act; and 28 (c) this Act, and not the pre-amended Act, applies to all 29 matters relating to the decision after the decision is 30 made. 31 `(3) Despite subsection (2)(c), if the decision is to issue a negative 32 notice-- 33

 


 

s 54 53 s 54 Child Safety (Carers) Amendment Bill 2006 (a) the relevant applicant may only apply under section 121 1 of the pre-amended Act for a review of the decision 2 under section 102 of the pre-amended Act; and 3 (b) the pre-amended Act applies to the application for 4 review, the review and any appeal relating to the 5 decision on review. 6 `(4) If the commissioner dealt with the relevant application by 7 applying the post-amended Act, it is declared that-- 8 (a) the relevant application has been validly dealt with by 9 applying the post-amended Act; and 10 (b) a decision of the commissioner in relation to the relevant 11 application is not invalid only because the decision 12 involved the application of the post-amended Act; and 13 (c) this Act, and not the pre-amended Act, applies to all 14 matters relating to the decision. 15 `201 Application of ss 122 and 122A in particular 16 circumstances 17 `(1) For the application of sections 122 and 122A15 to a relevant 18 application and the relevant applicant, the relevant application 19 is taken to be an application for a prescribed notice that has 20 not been withdrawn and the relevant applicant is taken not to 21 have withdrawn his or her consent to employment screening 22 under part 6.16 23 `(2) Subsection (1) does not prevent a relevant application from 24 being withdrawn before the commissioner decides the 25 relevant application. 26 `202 Circumstances, after commencement, relating to 27 ss 118 and 119 of pre-amended Act 28 `(1) This section applies if-- 29 (a) before 17 January 2005, the commissioner-- 30 15 Sections 122 (Commissioner may obtain information from police commissioner) and 122A (Notice of change in police information about a person) 16 Part 6 (Screening for regulated employment and regulated businesses)

 


 

s 54 54 s 54 Child Safety (Carers) Amendment Bill 2006 (i) had received an application under section 118(2) of 1 the pre-amended Act to cancel a negative notice (a 2 previous section 118 application); or 3 (ii) had received or otherwise become aware of 4 information that may have allowed the 5 commissioner to exercise a power as mentioned in 6 section 119(1) or (1A) of the pre-amended Act (the 7 previous section 119 power) in relation to a 8 suitability notice; and 9 (b) before the commencement, the commissioner had not 10 decided whether or not to grant the previous section 118 11 application or to exercise the previous section 119 12 power. 13 (2) The pre-amended Act applies in relation to the previous 14 section 118 application or the exercise of the previous section 15 119 power and, subject to subsection (6), the commissioner 16 may grant or refuse the previous section 118 application or 17 exercise or not exercise the previous section 119 power. 18 `(3) After a decision is made about whether or not to grant the 19 previous section 118 application, or to exercise the previous 20 section 119 power, this Act, and not the pre-amended Act, 21 applies. 22 `(4) However, if the decision under subsection (2) is a decision to 23 issue a negative notice to a person, or a decision refusing a 24 person's application to cancel a negative notice-- 25 (a) the person may only apply under section 121 of the 26 pre-amended Act for a review of the decision; and 27 (b) the pre-amended Act applies to the application for 28 review, the review and any appeal relating to the 29 decision on review. 30 `(5) Despite subsections (1) to (4), subsection (6) applies if, on or 31 after 17 January 2005, the commissioner received or receives 32 information that allowed or allows the commissioner to 33 exercise a power as mentioned in section 119(1) or (2) of this 34 Act in relation to a suitability notice-- 35 (a) that is the subject of a previous section 118 application; 36 or 37

 


 

s 54 55 s 54 Child Safety (Carers) Amendment Bill 2006 (b) to which a previous section 119 power may be 1 exercised. 2 `(6) This Act, and not the pre-amended Act, applies to all matters 3 relating to the suitability notice mentioned in subsection (5). 4 `203 Circumstances, before commencement, relating to 5 ss 118 and 119 of pre-amended Act 6 `(1) If, on or after 17 January 2005 and before the commencement, 7 the commissioner cancelled or refused to cancel a suitability 8 notice, whether under section 118 or 119 of the pre-amended 9 Act or post-amended Act, the cancellation or refusal is 10 declared to have been validly dealt with by applying the 11 pre-amended Act or post-amended Act. 12 `(2) If the cancellation or refusal has been dealt with by applying 13 the pre-amended Act, the cancellation or refusal may only be 14 reviewed on an application for review under section 121 of the 15 pre-amended Act and the pre-amended Act applies to the 16 application for review, the review and any appeal relating to 17 the decision on review. 18 `(3) Subject to subsection (2), this Act, and not the pre-amended 19 Act, applies to all matters relating to the cancellation or 20 refusal. 21 `204 Circumstances where pre-amended Act applies to 22 application for review made before commencement 23 `(1) If, before the commencement, there was no final decision in 24 relation to a previous application for review, the pre-amended 25 Act applies to the previous application for review, the review 26 and any appeal relating to the decision on review. 27 `(2) If, before the commencement, the tribunal had started to hear 28 a previous application for review but had not made a final 29 decision, the tribunal may, for the purposes of subsection (1), 30 exercise its powers under the Children Services Tribunal Act 31 2000 and issue directions in relation to the previous 32 application for review and the hearing. 33

 


 

s 54 56 s 54 Child Safety (Carers) Amendment Bill 2006 `(3) If, before the commencement, a final decision in relation to a 1 previous application for review had been made, the 2 pre-amended Act applies to the following-- 3 (a) if, under the Children Services Tribunal Act 2000, 4 section 38(1)(c),17 the tribunal had set aside the 5 commissioner's decision that was the subject of the 6 previous application for review and returned it to the 7 commissioner for reconsideration--the reconsideration; 8 (b) otherwise--any appeal relating to the final decision. 9 `(4) In this section-- 10 final decision means a decision of the tribunal under the 11 Children Services Tribunal Act 2000, section 38. 12 previous application for review means an application to the 13 tribunal for a review of a decision made before 17 January 14 2005 to issue a negative notice or to refuse to cancel a 15 negative notice. 16 tribunal means the Children Services Tribunal. 17 `205 Circumstances where this Act applies to notices 18 issued before the commencement 19 `(1) This section applies to each of the following notices-- 20 (a) a suitability notice issued under the pre-amended Act 21 and in force immediately before 17 January 2005; 22 (b) a prescribed notice issued on or after 17 January 2005 23 and before the commencement. 24 `(2) It is declared that this Act applies in relation to the notice 25 unless-- 26 (a) a provision of this division provides that the 27 pre-amended Act applies; or 28 (b) division 7 otherwise provides. 29 17 Children Services Tribunal Act 2000, section 38 (Powers of tribunal on review)

 


 

s 55 57 s 55 Child Safety (Carers) Amendment Bill 2006 `206 References to prescribed notice 1 `It is declared that in an Act or document, a reference to a 2 prescribed notice may, if the context permits, be taken to 3 include a reference to a suitability notice.'. 4 Clause 55 Insertion of new pt 9, div 9 5 Before schedule 1-- 6 insert-- 7 `Division 9 Transitional provisions for Child 8 Safety (Carers) Amendment Act 9 2006 10 `207 Definition for div 9 11 `In this division-- 12 commencement means the day on which the provision in 13 which the term is used commences. 14 `208 Regulated employment--volunteers 15 `(1) This section applies if, immediately before the 16 commencement-- 17 (a) a person (the employee) was employed or was 18 continuing to be employed by another person (the 19 employer) in employment that, after the 20 commencement, is regulated employment mentioned in 21 schedule 1, section 6G(1) or (2); and 22 (b) the person does not have a positive notice. 23 `(2) Section 127(2) does not apply to the employment of the 24 employee. 25 `(3) Despite subsection (2), the employee may continue in the 26 regulated employment and the employer may continue to 27 employ the employee in the regulated employment until-- 28 (a) if an application for a prescribed notice about the person 29 is made within 6 months after the commencement and is 30

 


 

s 55 58 s 55 Child Safety (Carers) Amendment Bill 2006 not withdrawn--the day a prescribed notice is issued to 1 the person; or 2 (b) if an application for a prescribed notice about the person 3 is made within 6 months after the commencement and is 4 withdrawn--the day the application is withdrawn; or 5 (c) if an application for a prescribed notice about the person 6 is not made within 6 months after the 7 commencement--6 months after the commencement. 8 `(4) Also, despite subsection (2), section 112 does not apply to the 9 person until the first application for a prescribed notice about 10 the person is made after the commencement. 11 `209 Regulated employment--other persons 12 `(1) This section applies if, immediately before the 13 commencement-- 14 (a) a person (the employee) was employed or was 15 continuing to be employed by another person (the 16 employer) in employment that, after the 17 commencement, is regulated employment mentioned in 18 schedule 1, section 6G(3); and 19 (b) the person does not have a positive notice. 20 `(2) Section 127(2) does not apply to the employment of the 21 employee. 22 `(3) Despite subsection (2), the employee may continue in the 23 regulated employment, and the employer may continue to 24 employ the employee in the regulated employment until-- 25 (a) if an application for a prescribed notice about the person 26 is made within 6 months after the commencement and is 27 not withdrawn--the day a prescribed notice is issued to 28 the person; or 29 (b) if an application for a prescribed notice about the person 30 is made within 6 months after the commencement and is 31 withdrawn--the day the application is withdrawn; or 32 (c) if an application for a prescribed notice about the person 33 is not made within 6 months after the 34 commencement--6 months after the commencement. 35

 


 

s 55 59 s 55 Child Safety (Carers) Amendment Bill 2006 `(4) Also, despite subsection (2), section 112 does not apply to the 1 person until the first application for a prescribed notice about 2 the person is made after the commencement. 3 `210 Carrying on regulated business 4 `(1) This section applies if, immediately before the 5 commencement-- 6 (a) a person was carrying on a business that, after the 7 commencement, is a regulated business mentioned in 8 schedule 1, section 16; and 9 (b) the person does not have a positive notice. 10 `(2) Section 109 does not apply to the carrying on of the business 11 until-- 12 (a) if the person applies for a prescribed notice within 6 13 months after the commencement and does not withdraw 14 the application--the day a prescribed notice is issued to 15 the person; or 16 (b) if the person applies for a prescribed notice within 6 17 months after the commencement and withdraws the 18 application--the day of the withdrawal; or 19 (c) if the person does not apply for a prescribed notice 20 within 6 months after the commencement--6 months 21 after the commencement. 22 `(3) Section 113 does not apply to the person until the person first 23 applies for a prescribed notice after the commencement. 24 `211 Particular certificates of approval under Child 25 Protection Act 1999 26 `(1) This section applies if-- 27 (a) before the commencement, a person has applied for a 28 certificate of approval and the application has not been 29 decided; and 30 (b) after the commencement, the person is issued with the 31 certificate of approval. 32

 


 

s 55 60 s 55 Child Safety (Carers) Amendment Bill 2006 `(2) Despite section 104B, a relevant person may be employed in 1 regulated employment mentioned in schedule 1, section 6G(1) 2 or (2) until-- 3 (a) if an application for a prescribed notice about the person 4 is made within 6 months after the commencement and is 5 not withdrawn--the day a prescribed notice is issued to 6 the person; or 7 (b) if an application for a prescribed notice about the person 8 is made within 6 months after the commencement and is 9 withdrawn--the day the application is withdrawn; or 10 (c) if an application for a prescribed notice about the person 11 is not made within 6 months after the 12 commencement--6 months after the commencement. 13 `(3) Also, section 112 does not apply to a relevant person until the 14 first application for a prescribed notice about the person is 15 made after the commencement. 16 `(4) In this section-- 17 certificate of approval means a certificate of approval under 18 the Child Protection Act 1999. 19 relevant person means each of the following persons if the 20 person does not have a positive notice-- 21 (a) the applicant for the certificate of approval; 22 (b) a person who is an adult member of the applicant's 23 household when the certificate of approval is issued. 24 `212 Particular licences under Child Protection Act 1999 25 `(1) This section applies if-- 26 (a) before the commencement, a person has applied for a 27 licence under the Child Protection Act 1999 and the 28 application has not been decided; and 29 (b) after the commencement, the person is issued with the 30 licence. 31 `(2) Section 109 does not apply to a relevant person until-- 32 (a) if the person applies for a prescribed notice within 6 33 months after the commencement and does not withdraw 34

 


 

s 56 61 s 56 Child Safety (Carers) Amendment Bill 2006 the application--the day a prescribed notice is issued to 1 the person; or 2 (b) if the person applies for a prescribed notice within 6 3 months after the commencement and withdraws the 4 application--the day of the withdrawal; or 5 (c) if the person does not apply for a prescribed notice 6 within 6 months after the commencement--6 months 7 after the commencement. 8 `(3) Section 113 does not apply to a relevant person until the 9 person first applies for a prescribed notice after the 10 commencement. 11 `(4) In this section-- 12 relevant person means each of the following persons if, 13 immediately before the commencement, the person does not 14 have a positive notice-- 15 (a) the nominee for the licence under the Child Protection 16 Act 1999; 17 (b) an executive officer of the licensee.'. 18 Clause 56 Amendment of sch 1 (Regulated employment and 19 businesses for employment screening) 20 (1) Schedule 1, section 1(2)(b), from `service'-- 21 omit, insert-- 22 `service.'. 23 (2) Schedule 1, section 5(2)(b), from `service'-- 24 omit, insert-- 25 `service; or'. 26 (3) Schedule 1-- 27 insert-- 28 `6G Care of children under Child Protection Act 1999 29 `(1) Employment is regulated employment if the usual functions 30 of the employment include, or are likely to include, providing 31 care for a child as an approved carer, other than a 32 provisionally approved carer. 33

 


 

s 57 62 s 57 Child Safety (Carers) Amendment Bill 2006 `(2) If a person provides, or is likely to provide, care for a child in 1 the person's capacity as an approved carer, other than a 2 provisionally approved carer, each adult member of the 3 person's household is taken to be a volunteer who is engaged 4 in regulated employment. 5 `(3) Employment is regulated employment if-- 6 (a) any of the usual functions of the employment is carried 7 out, or is likely to be carried out, inside a licensed 8 residential facility; or 9 (b) the employee is employed by a licensed care service and 10 any of the usual functions of the employment includes 11 or is likely to include providing support for an approved 12 carer. 13 `(4) Without limiting subsection (3), each of the following persons 14 is taken to be engaged in regulated employment under the 15 subsection-- 16 (a) a person who is responsible for directly managing a 17 licensed care service; 18 (b) a person who is engaged in relation to the provision of 19 care to a child by a licensed care service.'. 20 (4) Schedule 1, part 2-- 21 insert-- 22 `16 Businesses relating to licensed care service under Child 23 Protection Act 1999 24 `A business is a regulated business if-- 25 (a) the usual activities of the business include, or are likely 26 to include, a licensed care service; or 27 (b) the usual activities of the business include, or are likely 28 to include, carrying out activities or providing services 29 inside a licensed residential facility.'. 30 Clause 57 Amendment of sch 4 (Dictionary) 31 (1) Schedule 4-- 32 insert-- 33 `commencement means-- 34

 


 

s 57 63 s 57 Child Safety (Carers) Amendment Bill 2006 (a) for part 9, division 5--see section 179; or 1 (b) for part 9, division 9--see section 207. 2 licensed care service means a licensed care service under the 3 Child Protection Act 1999. 4 licensed residential facility means a licensed residential 5 facility under the Child Protection Act 1999. 6 member, of a person's household, see the Child Protection Act 7 1999, schedule 3. 8 provisionally approved carer means a provisionally approved 9 carer under the Child Protection Act 1999.'. 10 (2) Schedule 4, definition employment, paragraph (c)-- 11 renumber as paragraph (d). 12 (3) Schedule 4, definition employment-- 13 insert-- 14 `(c) in relation to regulated employment mentioned in 15 schedule 1, section 6G(1) or (2)--includes employment 16 by the State in the circumstances mentioned in section 17 99BA; or'. 18

 


 

64 Child Safety (Carers) Amendment Bill 2006 Schedule Amendment of Child Protection 1 Act 1999 2 section 3 3 1 Before section 137-- 4 insert-- 5 `Subdivision 1 Amendment'. 6 2 Before section 139-- 7 insert-- 8 `Subdivision 2 Suspension or cancellation, other 9 than immediate suspension or 10 cancellation'. 11 3 Section 140A, heading, from `Commissioner'-- 12 omit, insert-- 13 `children's commissioner about particular information'. 14 4 Section 140A(5)-- 15 omit. 16 5 Before section 141A-- 17 insert-- 18 `Subdivision 5 Surrender'. 19 6 Section 148(5), from `Commissioner'-- 20 omit, insert-- 21 `children's commissioner to help the commissioner perform the 22 commissioner's monitoring functions under the Commissioner's 23 Act.'. 24

 


 

65 Child Safety (Carers) Amendment Bill 2006 Schedule (continued) 7 Section 186(2)(d)-- 1 omit, insert-- 2 `(d) to the children's commissioner in compliance with a 3 notice given by the commissioner under the 4 Commissioner's Act requiring the disclosure; or'. 5 8 Sections 246G(1) and (2) and 246H(1)(a)(iii), `Commission 6 for Children and Young People and Child Guardian Act 7 2000'-- 8 omit, insert-- 9 `Commissioner's Act'. 10 9 Section 248A, heading, from `Commissioner'-- 11 omit, insert-- 12 `children's commissioner'. 13 10 Section 248A(1), from `the commissioner,'-- 14 omit, insert-- 15 `the children's commissioner, for the purpose of supporting the 16 commissioner in the performance of the commissioner's 17 monitoring functions under the Commissioner's Act.'. 18 11 Section 248A(2), definitions, commissioner and 19 monitoring functions-- 20 omit. 21 12 Schedule 3, definition CDCRC, `Commission for Children 22 and Young People and Child Guardian Act 2000'-- 23 omit, insert-- 24 `Commissioner's Act'. 25

 


 

State of Queensland 2006

 


 

AMENDMENTS TO BILL

1 Child Safety (Carers) Amendment Bill 2006 Child Safety (Carers) Amendment Bill 2006 Amendments agreed to during Consideration 1 Clause 2-- At page 8, line 11, `30 April'-- omit, insert-- `31 May'. 2 Clause 26-- At page 32, lines 12 to 14-- omit, insert-- ` `(a) if the administrative approval was given before 31 July 2004--the anniversary of the day of its issue first happening after 31 July 2006; or'.'.

 


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