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CRIMINAL HISTORY SCREENING LEGISLATION AMENDMENT ACT 2010 NO. 5
TABLE OF PROVISIONS
Contents
Part 1--Preliminary
1. Short title
2. Commencement
Part 2--Amendment of Child Care Act 2002
3. Act amended
4. Amendment of s 26 (Suitability of licensee and related persons)
5. Amendment of s 27 (Prescribed notices for carers and staff members)
6. Amendment of s 45 (Suspension or revocation of licence)
7. Replacement of s 50A (Chief executive may notify Commissioner for Children and Young People and Child Guardian about particular information)
8. Amendment of s 54 (Death of sole licensee)
9. Amendment of pt 3, div 5, hdg (Prescribed notices)
10. Amendment of s 74 (Licensee must keep evidence of compliance with Commission for Children and Young People and Child Guardian Act 2000)
11. Amendment of s 80 (Licensee to inform chief executive of relevant changes)
12. Amendment of s 97 (Suitability of other persons in a home)
13. Replacement of s 107A (Chief executive to give notice to the Commissioner for Children and Young People and Child Guardian)
14. Amendment of s 137 (Power to require production of documents)
15. Amendment of s 139 (Suitability of persons in home in which stand alone child care is provided)
16. Amendment of s 140 (Chief executive may obtain information about suitability checks)
17. Amendment of s 165 (Application of Act to corporations)
18. Amendment of s 165A (Pending application for a prescribed notice—corporate licensee)
19. Replacement of s 166 (Applications for prescribed notices by occupants of homes)
20. Insertion of new pt 10, div 5
21. Amendment of sch 2 (Dictionary)
Part 3--Amendment of Child Protection Act 1999
22. Act amended
23. Amendment of s 99F (Review applications by commissioner)
24. Amendment of s 125 (Application for, or renewal of, licence)
25. Amendment of s 126 (Restrictions on granting application)
26. Amendment of s 129 (Refusal of application)
27. Amendment of s 130 (Nominees)
28. Amendment of s 133 (Process for initial issue of a certificate)
29. Amendment of s 134 (Process to renew a certificate)
30. Amendment of s 135 (Restrictions on granting application)
31. Amendment of s 136 (Refusal of application)
32. Amendment of s 137 (Amendment of authority on application of holder)
33. Amendment of s 139 (Authority may be suspended or cancelled)
34. Amendment of s 140AB (Definitions for sdiv 3)
35. Amendment of s 140AC (Immediate suspension)
36. Amendment of s 140AF (End of suspension)
37. Amendment of s 140AG (Cancellation of certificate of approval)
38. Amendment of s 140AH (Cancellation of licence)
39. Replacement of s 140A (Chief executive may notify children's commissioner about particular information)
40. Amendment of s 141B (Personal history)
41. Amendment of s 141H (Nominee for licence)
42. Amendment of s 141I (Director of licensee)
43. Amendment of s 142 (Meaning of police information)
44. Amendment of s 148A (Chief executive to notify children's commissioner about particular persons)
45. Amendment of s 148B (Obtaining particular information from children's commissioner)
46. Amendment of s 148D (Pending application for prescribed notice)
47. Amendment of s 246G (Preparation of supplementary report)
48. Amendment of s 246H (Chief executive to give reports to State Coroner)
49. Insertion of new ch 9, pt 7
50. Amendment of sch 2 (Reviewable decisions and aggrieved persons)
51. Amendment of sch 3 (Dictionary)
Part 4--Amendment of Child Protection (Offender Prohibition Order) Act 2008
52. Act amended
53. Amendment of s 25 (Making disqualification order instead of temporary order)
54. Amendment of s 28 (Revoking a disqualification order)
55. Amendment of schedule (Dictionary)
Part 5--Amendment of Commission for Children and Young People and Child Guardian Act 2000
56. Act amended
57. Replacement of s 30 (Criminal history screening of commission's staff)
58. Replacement of pt 6 (Screening for regulated employment and regulated businesses)
59. Omission of pt 7 (Criminal history checks of commission's staff)
60. Amendment of s 146 (Indictable and summary offences)
61. Amendment of s 152 (Confidentiality of information about criminal history)
62. Amendment of s 167 (Regulation-making power)
63. Amendment of pt 9 (Transitional and other provisions)
64. Insertion of new pt 13
65. Amendment of sch 1 (Regulated employment and businesses for employment screening)
66. Amendment of sch 2 (Current serious offences)
67. Amendment and renumbering of sch 2A (Repealed or expired serious offences)
68. Amendment and renumbering of sch 2B (Current disqualifying offences)
69. Amendment and renumbering of sch 2C (Repealed or expired disqualifying offences)
70. Insertion of new sch 6
71. Amendment and renumbering of sch 4 (Dictionary)
Part 6--Amendment of Community Services Act 2007
72. Act amended
73. Omission of pt 10 (Screening of persons engaged by the department)
74. Amendment of s 127 (Confidentiality of information about criminal history and related information)
75. Amendment of s 136 (Definitions for div 1)
76. Amendment of s 137 (Certain service providers taken to be approved under part 3 and to be funded service providers)
77. Insertion of new pt 13, div 3
78. Omission of sch 2 (Current serious offences)
79. Omission of sch 3 (Repealed or expired serious offences)
80. Amendment of sch 4 (Dictionary)
Part 7--Amendment of Disability Services Act 2006
81. Act amended
82. Amendment of s 59 (Prescribed requirements)
83. Omission of pt 9 (Screening of persons engaged by the department)
84. Amendment of pt 10, hdg (Screening of persons engaged by funded non-government service providers)
85. Amendment of s 75 (Main purpose of pt 10)
86. Insertion of new ss 76A and 76B
87. Insertion of new s 77A
88. Amendment of s 78 (What is engagement)
89. Amendment of s 79 (What is a serious offence)
90. Omission of s 80 (What is a serious sexual or violent offence)
91. Replacement of s 81 (What is an excluding offence)
92. Insertion of new pt 10, div 3A
93. Insertion of new s 82B
94. Amendment of s 83 (Application for notice)
95. Amendment of s 84 (Notice of change of engagement, or name and contact details in application under s 83)
96. Amendment of s 85 (Decision on application)
97. Amendment of s 86 (Decision making under s 85 in relation to discretionary matters)
98. Amendment of s 87 (Actions of chief executive after making decision on application)
99. Amendment of s 88 (Chief executive to invite submissions from engaged person about particular information)
100. Amendment of s 89 (Currency of prescribed notice and positive notice card)
101. Insertion of new pt 10, div 4A
102. Amendment of pt 10, div 5, hdg (Obligations and offences relating to prescribed notices)
103. Replacement of s 90 (When person without current positive notice may be engaged)
104. Amendment of s 90 (Starting engagement of certain regular engaged persons other than volunteers)
105. Amendment of s 90A (Starting engagement of new engaged persons other than volunteers)
106. Amendment of s 90B (Continuing engagement of persons other than volunteers)
107. Replacement of s 90C (Starting engagement of volunteers)
108. Amendment of s 91 (Prohibited engagement)
109. Replacement of pt 10, div 5, sdiv 2 (Obligations if holder of negative notice or application for prescribed notice is withdrawn)
110. Amendment of pt 10, div 5, sdiv 3, hdg (Changes in criminal history)
111. Replacement of s 93 (Acquiring a criminal history)
112. Replacement of s 94 (Effect of conviction for serious offence or charge for excluding offence)
113. Amendment of s 95 (Change in criminal history of engaged person)
114. Insertion of new s 95A
115. Amendment of s 95A (Change in criminal history of person engaged by department)
116. Amendment of s 96 (Change in criminal history of other persons)
117. Replacement of s 99 (Return of positive notice and positive notice card to chief executive)
118. Replacement of pt 10, div 6, hdg (Cancellation and replacement of prescribed notices)
119. Amendment of s 100 (Cancellation of negative notice and issuing of positive notice)
120. Amendment of s 101 (Chief executive may cancel a prescribed notice and substitute another prescribed notice)
121. Insertion of new s 101A
122. Amendment of s 102 (Cancellation if conviction for excluding offence and imprisonment or disqualification order)
123. Omission of s 103 (Cancellation if conviction for excluding offence but no imprisonment or disqualification order)
124. Amendment of s 104 (Effect of charge for excluding offence pending charge being dealt with)
125. Amendment of s 105 (Cancellation of suspension and issue of further prescribed notice)
126. Insertion of new ss 105A-105D
127. Amendment of s 106 (Replacement of positive notice or positive notice card)
128. Amendment of s 107 (Change of details for prescribed notice or positive notice card)
129. Insertion of new s 107A
130. Insertion of new pt 10, divs 6A and 6B
131. Insertion of new pt 10, div 7, sdiv 1, hdg
132. Amendment of s 108 (Person may apply for review of decision)
133. Replacement of s 108 (Person may apply for review of decision)
134. Insertion of new pt 10, div 7, sdiv 2, hdg
135. Amendment of s 109 (Police commissioner may decide that information about a person is investigative information)
136. Amendment of s 111 (Decision by police commissioner that information is investigative information)
137. Amendment of s 113 (Consequence of decision on appeal)
138. Replacement of s 113 (Consequence of decision on appeal)
139. Insertion of new pt 10, div 7, sdiv 3, hdg and s 113A
140. Amendment of s 114 (Chief executive may obtain information from police commissioner)
141. Insertion of new ss 114A and 114B and sdivs 4 and 5 and sdiv 6, hdg
142. Amendment of s 115 (Notice of change in police information about a person)
143. Insertion of new pt 10, div 7, sdiv 7, hdg
144. Amendment of s 116 (Chief executive to give notice to funded non-government service provider about making screening decision about engaged person)
145. Amendment of s 117 (Withdrawal of engaged person's consent to screening)
146. Amendment of s 118 (Compliance with requirement to end, or not start, a person's engagement)
147. Amendment of s 122 (Disqualification order)
148. Amendment of s 123 (Register of persons engaged by funded non-government entities)
149. Amendment of s 123ZL (Period for which short term approval has effect)
150. Amendment of s 123ZZG (Definitions for sdiv 3)
151. Amendment of s 221 (Confidentiality of information about criminal history and related information)
152. Amendment of s 248 (Circumstances in which subdivision stops applying)
153. Amendment of s 250 (Short term approvals not to be given during transitional period)
154. Renumbering of pt 16, div 3 (Transitional provision for Criminal Code and Other Acts Amendment Act 2008)
155. Renumbering of s 241 (References in schs 3 and 5 to Criminal Code offence)
156. Insertion of new pt 16, div 5
157. Amendment of sch 3 (Current serious offences)
158. Replacement of schs 5 and 6
159. Insertion of new sch 6A
160. Amendment of sch 7 (Dictionary)
Part 8--Amendment of Education (Accreditation of Non-State Schools) Act 2001
161. Act amended
162. Amendment of s 15 (Application of Commission for Children and Young People and Child Guardian Act 2000, pt 6)
163. Amendment of s 16 (Procedural requirements for application)
164. Amendment of s 39 (Suitability of governing body)
165. Amendment of s 49 (Application to change attribute of provisional accreditation)
166. Amendment of s 140 (Application of Commission for Children and Young People and Child Guardian Act 2000, pt 6)
167. Amendment of s 145 (Suitability of proposed authorised person)
168. Amendment of s 146 (Appointment conditions)
169. Amendment of s 168 (Disclosure of application for prescribed notice under Commission for Children and Young People and Child Guardian Act 2000)
170. Amendment of s 178 (Definitions for ch 7)
171. Amendment of sch 3 (Dictionary)
Part 9--Amendment of Education (Queensland College of Teachers) Act 2005
172. Act amended
173. Amendment of s 11 (Suitability to teach—criminal history information)
174. Amendment of s 14 (Application for registration or permission to teach)
175. Amendment of s 15 (Criminal history check etc.)
176. Insertion of new ss 15B-15D
177. Amendment of 16 (Requirement to advise applicant of criminal history information received)
178. Amendment of s 28 (Application for renewal of full registration or permission to teach)
179. Amendment of s 37 (Requirements for application for restoration)
180. Amendment of s 48 (Effect of charge for disqualifying offence pending charge being dealt with)
181. Amendment of s 56 (Cancellation if conviction for disqualifying offence and imprisonment or disqualification order imposed)
182. Amendment of s 57 (Effect of appeal on cancellation)
183. Amendment of s 58 (Disqualification order)
184. Amendment of s 65 (College's power to obtain criminal history etc. in relation to an approved teacher)
185. Replacement of s 68 (Changes in criminal history)
186. Amendment of s 69 (Requirements for disclosure of changes in criminal history)
187. Amendment of s 70 (Failure to disclose changes in criminal history)
188. Amendment of s 71 (Disclosure of other change in circumstances)
189. Amendment of s 75 (Commissioner of police must notify changes in criminal history)
190. Amendment of s 83 (Requirement to hold registration or permission to teach to teach in schools)
191. Amendment of s 92 (Grounds for disciplinary action)
192. Amendment of s 97 (Requirement for college to start disciplinary proceedings)
193. Amendment of s 102 (Disciplinary action by QCAT—approved teachers)
194. Amendment of s 159 (Ending of suspension if ground for disciplinary action not established)
195. Amendment of s 160 (Decision about disciplinary action against approved teacher)
196. Amendment of s 230 (College's functions about registration and permission to teach)
197. Amendment of s 282 (Definition for pt 1)
198. Replacement of s 285 (College may give information about teachers to commissioner for children in particular circumstances)
199. Amendment of ch 12, pt 9, hdg
200. Insertion of new ch 12, pt 11
201. Amendment of sch 3 (Dictionary)
Part 10--Amendment of Evidence Act 1977
202. Act amended
203. Amendment of s 93AA (Unauthorised possession of, or dealing in, s 93A criminal statements)
Part 11--Amendment of Family Services Act 1987
204. Act amended
205. Amendment of s 2 (Definitions)
206. Amendment of s 10 (Chief executive may develop or carry out programs)
207. Omission of pt 4 (Criminal histories of persons engaged by the department)
208. Insertion of new s 28A
209. Insertion of new pt 6, div 1, hdg
210. Insertion of new pt 6, div 2, hdg
211. Insertion of new pt 6, div 3
212. Omission of schedule (Other serious offence provisions of the criminal code)
Part 12--Amendment of Guardianship and Administration Act 2000
213. Act amended
214. Amendment of s 80ZH (When adult guardian may give short term approval for use of containment or seclusion)
215. Amendment of s 266 (Short term approvals not to be given during transitional period)
Part 13--Amendment of Health Practitioners (Professional Standards) Act 1999
216. Act amended
217. Amendment of s 384A (Board may notify Commissioner for Children and Young People and Child Guardian about particular information)
218. Insertion of new pt 13, div 5
Part 14--Amendment of Nursing Act 1992
219. Act amended
220. Amendment of s 139A (Executive officer or council may notify Commissioner for Children and Young People and Child Guardian about particular information)
221. Insertion of new pt 9, div 7
Part 15--Amendment of Police Powers and Responsibilities Act 2000
222. Act amended
223. Amendment of s 789A (Power to demand production of CCYPCG document)
Part 16--Amendment of Public Service Act 2008
224. Act amended
225. Amendment of s 150 (Definitions for pt 6)
226. Insertion of new ch 5, pt 6, div 2, sdiv 1, hdg
227. Amendment of s 151 (Application of div 2)
228. Insertion of new ch 5, pt 6, div 2, sdiv 2
229. Amendment of s 156 (Application of div 3)
230. Replacement of ss 157-165
231. Amendment of ch 5, pt 6, div 4, hdg
232. Amendment of s 166 (Duty of police commissioner relating to requests for criminal history or police information)
233. Amendment of s 167 (Criminal history or police information no longer required to be obtained)
234. Amendment of s 168 (Police commissioner not to use information given as part of request except for particular circumstances)
235. Amendment of s 169 (Destruction of reports and notices)
236. Amendment of s 170 (Prosecuting authority to notify chief executive about committal, conviction etc.)
237. Amendment of s 171 (False or misleading statements in consent)
238. Amendment of s 172 (Confidentiality)
239. Amendment of s 173 (Commission chief executive may make rulings for this part)
240. Insertion of new ch 9, pt 5
241. Amendment of sch 4 (Dictionary)
Part 17--Amendment of Youth Justice Act 1992
242. Act amended
243. Amendment of s 252I (Issue of warrant for child in particular circumstances)
244. Amendment of s 348 (Cancellation of supervised release order)
245. Insertion of new pt 11, div 7
Part 18--Amendment of Juvenile Justice and Other Acts Amendment Act 2009
246. Act amended
247. Amendment of schedule (Consequential amendments)
Part 19--Amendment of other Acts
248. Acts amended in sch 3
SCHEDULE 1 -- MINOR AMENDMENTS OF THE COMMISSION FOR CHILDREN AND YOUNG PEOPLE AND CHILD GUARDIAN ACT 2000
SCHEDULE 2 -- OTHER AMENDMENTS OF THE COMMISSION FOR CHILDREN AND YOUNG PEOPLE AND CHILD GUARDIAN ACT 2000
SCHEDULE 3 -- MINOR AMENDMENTS OF OTHER ACTS
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