Working with Children (Risk Management and Screening) Act 2000

156Employment and businesses regulated by this chapter

(1)This chapter concerns—

(a)employment of a type mentioned in schedule 1, part 1 (regulated employment); and

(b)the carrying on of a business of a type mentioned in schedule 1, part 2 (a regulated business).

(2)Schedule 1, part 3 provides for employment, or the carrying on of a business, to which this chapter does not apply.

157This chapter applies despite the Criminal Law (Rehabilitation of Offenders) Act 1986

This chapter applies to a person despite anything in the Criminal Law (Rehabilitation of Offenders) Act 1986.

160Application of chapter to children

This chapter applies to the unpaid employment of a child only if the child is a trainee student of an education provider and the employment is part of the course undertaken by the trainee student with the education provider.

161What is employment

(1)For this chapter, a person is employing another person if the first person has an agreement with the other person for the other person to carry out work.

(2)It is immaterial for this section—

(a)whether the agreement is written or unwritten; and

(b)whether the work is carried out voluntarily or for financial reward; and

(c)what a person’s motivation is for carrying out the work; and

(d)the time for which the person is engaged to carry out the work; and

(e)whether the agreement provides for the other person to carry out work on 1 occasion or on an ongoing basis, whether regularly or irregularly.

(3)Also, for this section, the nature of the work is immaterial.

(4)This section is subject to section 162.

Examples of employment—

1A person is engaged by a school as a cleaner under a written contract of employment.

2A person orally agrees with the manager of a club to coach a children’s sporting team during a season.

3The manager of a counselling organisation agrees with an adult student that the student attend the organisation’s office each day during a semester and carry out various duties.

4A tour operator arranges with the parents of a family to provide a child accommodation service in their home to an international student.

162What is employment when education provider arranges trainee student to carry out work for someone else

(1)This section applies if—

(a)the first person mentioned in section 161 is an education provider; and

(b)the other person mentioned in section 161 is a trainee student of the education provider; and

(c)the work to be carried out is part of the course that the trainee student is undertaking with the education provider; and

(d)the work is to be carried out for someone else.

(2)For section 161, the person for whom the trainee student is to carry out work, or carries out work, is employing the trainee student.

(3)Subsection (2) applies even if—

(a)there is no agreement for the trainee student to carry out the work made expressly between the person and the trainee student; or

(b)the education provider—

(i)applies for a prescribed notice about the trainee student as mentioned in section 199(2); or

(ii)applies for an exemption notice about the trainee student as mentioned in section 260(2).

(4)For this chapter, if the education provider applies for a prescribed notice or exemption notice about the trainee student as mentioned in subsection (3)(b)—

(a)the person for whom the trainee student is to carry out work, or carries out work, need not apply for the prescribed notice or exemption notice; but

(b)the person is—

(i)if the education provider has applied for a prescribed notice about the trainee student—taken to have applied for a prescribed notice about the trainee student for part 4, divisions 3 and 4; or

(ii)if the education provider has applied for an exemption notice about the trainee student—taken to have applied for an exemption notice about the trainee student for part 5, divisions 2 and 3.

164Matters about particular regulated employment relating to care of children

(1)This section applies if a person is engaged, or proposes to be engaged, in regulated employment mentioned in schedule 1, section 14(1) or (2).

(2)For this chapter, and for no other purpose, the State is taken to be employing, or proposing to employ, the person in the regulated employment.

(3)For this chapter—

(a)the chief executive (child safety) may carry out a function of the State relating to the person; and

(b)if the person must disclose information to the person’s employer, or notify the employer about a matter—the person must disclose the information to, or notify, the chief executive (child safety).

Note—

This declaration arises out of the volunteer or non-employee status of persons engaged in regulated employment mentioned in schedule 1, section 14(1) or (2).

165Who is a volunteer

(1)A volunteer is a person who is employed by another person and does not carry out any work for the other person for a financial reward.

(2)In this section—

financial reward does not include—

(a)a payment that is a reimbursement for out-of-pocket expenses; or

(b)for a person who is an approved carer—an allowance or other amount paid to the person under the Child Protection Act 1999, section 159.

166Executive officers of a corporation carrying on a regulated business

(1)This section applies in relation to a corporation that carries on, or proposes to carry on, a regulated business.

(2)For this chapter other than section 172, a person is taken to be carrying on, or proposing to carry on, the regulated business by being, or proposing to be, an executive officer of the corporation.

(3)Subsection (2) applies only if the person’s principal place of residence is in Australia.

Note—

In relation to section 172 and other provisions of this Act applying to corporations, see section 383.

167What is a serious offence

(1)A serious offence is—

(a)an offence against a provision of an Act mentioned in schedule 2 or 3, column 1, subject to any qualification relating to the provision mentioned opposite in column 3; or

(b)an offence of counselling or procuring the commission of an offence of a kind mentioned in paragraph (a); or

(c)an offence of attempting, or of conspiring, to commit an offence of a kind mentioned in paragraph (a); or

(d)an offence that has, as an element, an intention to commit an offence of a kind mentioned in paragraph (a); or

(e)an offence that, at the time it was committed, was an offence of a kind mentioned in paragraph (a); or

(f)another offence that is a reportable offence under the Offender Reporting Act that is not otherwise a serious offence under this Act; or

(g)an offence under a law of another jurisdiction that, if it had been committed in Queensland, would have constituted an offence mentioned in paragraph (a) to (f).

Note—

Column 2 in schedules 2 and 3 is included for information purposes only and states a section heading for the provision mentioned opposite in column 1.

(2)For this section, it is immaterial if a provision mentioned in schedule 2 or 3, column 1, for an Act has been amended from time to time or that the provision was previously numbered with a different number.

168What is a disqualifying offence

(1)A disqualifying offence is—

(a)an offence against a provision of an Act mentioned in schedule 4 or 5, column 1, subject to any qualification relating to the provision mentioned opposite in column 3; or

(b)an offence of counselling or procuring the commission of an offence of a kind mentioned in paragraph (a); or

(c)an offence of attempting, or of conspiring, to commit an offence of a kind mentioned in paragraph (a); or

(d)an offence that has, as an element, intention to commit an offence of a kind mentioned in paragraph (a); or

(e)an offence that, at the time it was committed was an offence of a kind mentioned in paragraph (a); or

(f)an offence under a law of another jurisdiction that, if it had been committed in Queensland, would have constituted an offence mentioned in paragraph (a) to (e).

Note—

Column 2 in schedules 4 and 5 is included for information purposes only and states a section heading for the provision mentioned opposite in column 1.

(2)For this section, it is immaterial if a provision mentioned in schedule 4 or 5, column 1, for an Act has been amended from time to time or that the provision was previously numbered with a different number.

169Who is a disqualified person

(1)A person is a disqualified person if the person—

(a)has been or is convicted of a disqualifying offence; or

(b)is subject to—

(i)offender reporting obligations; or

(ii)an offender prohibition order; or

(iii)a disqualification order; or

(iv)a sexual offender order; or

(c)is the respondent to an application for an offender prohibition order under the Offender Reporting Act.

(2)However, a person to whom subsection (1)(a) applies and subsection (1)(b) and (c) do not apply is not a disqualified person if an eligibility declaration is in force for the person.

Note—

See chapter 8, part 1, division 2 for provisions about obtaining an eligibility declaration, when an eligibility declaration is taken to be issued and when an eligibility declaration ends.

170Who is a relevant disqualified person

A person is a relevant disqualified person if the person—

(a)has been or is convicted of a disqualifying offence for which an imprisonment order was or is imposed; or

(b)is subject to—

(i)offender reporting obligations; or

(ii)an offender prohibition order; or

(iii)a disqualification order; or

(iv)a sexual offender order; or

(c)is the respondent to an application for an offender prohibition order under the Offender Reporting Act.

173Part does not apply to police officers or registered teachers

This part does not apply in relation to the employment of a person, or the carrying on of a business by a person, who is—

(a)a police officer; or

(b)a registered teacher.

174Offences for disqualified person

(1)A disqualified person must not—

(a)sign an application about the person made by someone else under division 7; or

(b)make an application under division 8; or

(c)apply for, or start or continue in, regulated employment.

Maximum penalty—500 penalty units or 5 years imprisonment.

Note—

See section 197 in relation to carrying on a regulated business.

(2)Subsection (1)(c) applies even though it may not be an offence for a person to employ the disqualified person in regulated employment.

175Chief executive to give notice if person signing or making prescribed notice application is disqualified person

(1)This section applies if the chief executive is satisfied a person who has signed or made a prescribed notice application is a disqualified person.

(2)The chief executive must give the person a written notice stating the following—

(a)the chief executive is satisfied the person is a disqualified person;

(b)the application is invalid;

(c)the person must not start or continue in regulated employment or carry on a regulated business.

(3)Also, the chief executive must give each notifiable person for the person a written notice stating that the chief executive is satisfied that the person is a disqualified person and—

(a)if the notice is given to a notifiable person in relation to the regulated employment or proposed regulated employment of the person—the notifiable person must not allow the person to start or continue to perform work that is regulated employment; or

(b)otherwise—the person must not start or continue to carry on a regulated business.

(4)Further, the chief executive must consider whether notice must be given under section 342(3).

Note—

Under section 342, the chief executive is required to notify the accreditation board about particular decisions relating to a director of a school’s governing body.

176Giving notification under pt 4

(1)This section applies in relation to a provision of this part that provides that a person (the employer) must notify the chief executive about the employment of someone else (the employee) in regulated employment.

(2)The notification must—

(a)be in the approved form; and

(b)if the employer did not give the certification mentioned in subsection (3)(b)—be accompanied by the alternative certifications relating to the employee.

(3)The approved form mentioned in subsection (2)(a) must include provision for—

(a)identifying information about the employee; and

(b)certification by the employer that the employer has sighted the employee’s proof of identity documents.

177Purpose of div 2

The purpose of this division is to allow a person who may be a disqualified person to apply to the chief executive for a declaration (eligibility declaration) that the person is not a disqualified person and is eligible—

(a)to sign an application about the person made by someone else under division 7; or

(b)to make an application under division 8.

178Application for an eligibility declaration

(1)A person may make an application (eligibility application) to the chief executive for an eligibility declaration.

(2)The person can not make an eligibility application less than 2 years after making a previous eligibility application that has been refused, unless—

(a)the decision to refuse the previous eligibility application was based on wrong or incomplete information; or

(b)the previous eligibility application was refused because the person was a relevant disqualified person and the person is no longer a relevant disqualified person.

(3)The eligibility application must be—

(a)in the approved form; and

(b)signed by the applicant; and

(c)accompanied by the prescribed fee.

(4)The approved form must include provision for—

(a)identifying information about the applicant; and

(b)certification by a prescribed person that the prescribed person has sighted the applicant’s proof of identity documents.

179Notice of change of name and contact details in eligibility application

(1)This section applies if, after a person makes an eligibility application, the person’s name or contact details, as stated in the application, change before the chief executive decides the application.

(2)Within 14 days after the change happens, the person must give notice of it, in the approved form, to the chief executive.

Maximum penalty—10 penalty units.

180Chief executive’s decision on eligibility application

(1)The chief executive may issue an eligibility declaration to a person only if the person—

(a)has been convicted of a disqualifying offence; and

(b)is not a relevant disqualified person.

(2)The chief executive must decide the eligibility application as if it were a decision about a prescribed notice application and, for that purpose, sections 222 to 229 apply to the decision.

(3)For subsection (2), sections 222 to 229 apply as if—

(a)a reference in the sections to a prescribed notice application were a reference to an eligibility application; and

(b)a reference in the sections to issuing a positive notice were a reference to issuing an eligibility declaration; and

(c)a reference in the sections to issuing a negative notice were a reference to refusing to issue an eligibility declaration.

(4)If the eligibility application is granted, the chief executive must issue the eligibility declaration to the person.

(5)If the eligibility application is refused, the chief executive must give the person a written notice stating—

(a)the reasons for the refusal; and

(b)if the reasons include investigative information—

(i)that, within 28 days after the person is given the notice, the person may appeal to a Magistrates Court about the police commissioner’s decision that the information is investigative information; and

(ii)how the person may appeal to the Magistrates Court.

(6)If the chief executive considers the person has not been convicted of a disqualifying offence, the chief executive must give written notice to the person stating the following—

(a)the chief executive may only issue an eligibility declaration if the person has been convicted of a disqualifying offence;

(b)the chief executive does not consider the person has been convicted of a disqualifying offence and, for that reason, the chief executive can not issue an eligibility declaration to the person;

(c)that, if the person is not a disqualified person for another reason, a prescribed notice application may be made about the person;

(d)that the eligibility application will not be further dealt with by the chief executive.

(7)There is no review or appeal under this Act in relation to a decision of the chief executive under this section to refuse an eligibility application.

181Eligibility declaration taken to have been issued

The chief executive is taken to have issued an eligibility declaration to a disqualified person if the chief executive—

(a)issues a positive notice to the person; or

(b)cancels a negative notice or negative exemption notice issued to the person.

182Withdrawing eligibility application generally

A person may withdraw the person’s eligibility application at any time before the chief executive issues an eligibility declaration or a notice relating to the application under section 180 to the person.

183Deemed withdrawal of eligibility application if identity can not be established

A person is taken to have withdrawn the person’s eligibility application if—

(a)the chief executive gives the person a written notice—

(i)asking the person to provide, within a reasonable stated time, stated information that the chief executive reasonably needs to establish the person’s identity; and

(ii)warning the person that, if the person does not comply with the request, the person’s eligibility application may be taken to have been withdrawn; and

(b)the person does not comply with the request within the stated time; and

(c)the chief executive can not establish with certainty the person’s identity; and

(d)the chief executive gives the person a written notice stating that the person is taken to have withdrawn the eligibility application.

184Deemed withdrawal of eligibility application if particular requests not complied with

A person is taken to have withdrawn the person’s eligibility application if—

(a)the chief executive gives the person—

(i)a written notice asking the person to provide, within a reasonable stated time, stated information, including by way of a submission, about a stated matter that the chief executive reasonably believes is relevant to the application; or

(ii)a written notice under section 330; or

(iii)a written notice asking the person to give the necessary consent for section 332 or 333; or

(iv)a written notice asking the person to give the necessary consent for section 337 or 338; and

(b)the notice includes a warning that, if the person does not comply with the notice, the person’s eligibility application may be taken to have been withdrawn; and

(c)the person does not comply with the notice; and

(d)the chief executive gives the person a written notice stating that the person is taken to have withdrawn the eligibility application.

185Expiry of eligibility declaration

An eligibility declaration issued to a person expires if, after it is issued—

(a)the person—

(i)is charged with a disqualifying offence; or

(ii)is convicted of a serious offence; or

(iii)becomes a relevant disqualified person; or

(iv)is issued with a negative notice or negative exemption notice; or

(b)any positive notice or positive exemption notice held by the person is cancelled.

186Reversal of decision refusing an eligibility declaration

(1)The chief executive may revoke a decision to refuse an eligibility application and issue an eligibility declaration if the chief executive is satisfied—

(a)the decision on the application was based on wrong or incomplete information; and

(b)based on the correct or complete information, the chief executive decides under section 180 that the chief executive may issue the eligibility declaration.

(2)The chief executive may exercise the power under subsection (1) on the chief executive’s own initiative or on application by the person whose eligibility application was refused.

187Application of div 3

This division applies to employment of a volunteer.

188Starting employment of volunteers

(1)A person (the employer) must not employ another person (the employee) in regulated employment unless—

(a)the employee has a current positive notice and the employer has notified the chief executive that the employer is proposing to employ the employee in regulated employment; or

Note—

See section 176 for how the notification must be given.

(b)the employee is a transitioning person and the employer has applied for a prescribed notice about the employee.

Maximum penalty—50 penalty units.

Note—

For the application of this section to persons taken to be volunteers engaged in regulated employment mentioned in schedule 1, section 14(2), see the Child Protection Act 1999, section 148D.

(2)In this section—

transitioning person means a person who was, but is no longer, a police officer or registered teacher if—

(a)the person was, immediately before a prescribed notice application about the person was made as mentioned in subsection (1)(b), employed in regulated employment on the basis the person was a police officer or registered teacher—

(i)who held a positive exemption notice; or

(ii)about whom an exemption notice application was made; and

(b)if paragraph (a)(i) applies—the person’s positive exemption notice—

(i)ceased to have effect—

(A)for a person who was a police officer—under section 289(2); or

(B)for a person who was a registered teacher—under section 289(3) because the person’s registration under the Education (Queensland College of Teachers) Act 2005 ended under section 26(3), 47(2)(b)(i), 59 or 66(6) of that Act; or

(ii)was cancelled under section 302 but was not suspended under section 298 when it was cancelled; and

(c)if paragraph (a)(ii) applies—the person’s exemption notice application was withdrawn—

(i)under section 263; or

(ii)under section 270 because the person’s consent to employment screening was withdrawn under section 265.

189Currency of prescribed notice for person continuing employment

(1)This section applies if—

(a)a person has a positive notice (the previous notice) and is employed in regulated employment; and

(b)the person’s employer applied for a further prescribed notice about the person at least 30 days before the previous notice expires; and

(c)the application has not been decided.

(2)Despite section 231(2), the previous notice remains current from the day it would otherwise end under that subsection until the application is decided or withdrawn unless the previous notice is earlier cancelled under division 11.

Note—

See, however, section 240 or 242 for the effect of a suspension of a prescribed notice.

190Application of div 4

This division does not apply to employment of a volunteer.

191Continuing employment of certain regular employees

(1)This section applies if—

(a)a person (the employee) is employed in regulated employment under an agreement with another person (the employer); and

(b)after considering any agreement relating to the employment and the hours or times that the employee previously carried out work for the employer, the employer reasonably expects that the employee is likely to carry out work as part of the employment for the minimum frequency for regulated employment; and

(c)the employee does not have a current positive notice.

(2)The employer must not continue to employ the employee in regulated employment unless the employer has applied for a prescribed notice, or further prescribed notice, about the employee.

Maximum penalty—50 penalty units.

192Starting employment of certain regular employees

(1)This section applies if—

(a)a person (the employee) is not employed in regulated employment but has previously been employed in regulated employment under 1 or more agreements with another person (the employer); and

(b)it is less than 1 year since the employee last carried out the regulated employment for the employer; and

(c)after considering any agreement relating to the proposed employment between the employer and employee and the employee’s employment during the period when the employee was last employed by the employer, the employer reasonably expects that the employee is likely to carry out work as part of the proposed employment for the minimum frequency for regulated employment.

(2)The employer must not employ the employee in regulated employment unless—

(a)the employee has a current positive notice and the employer has notified the chief executive that the employer is proposing to employ the employee in regulated employment; or

Note—

See section 176 for how the notification must be given.

(b)the employer has applied for a prescribed notice about the employee.

Maximum penalty—50 penalty units.

193Starting employment of new employees

(1)This section applies if—

(a)a person (the employee) is not employed in regulated employment; and

(b)another person (the employer) proposes to employ the employee in regulated employment; and

(c)after considering any agreement relating to the proposed employment between the employer and employee, the employer reasonably expects that the employee is likely to carry out work as part of the proposed employment for the minimum frequency for regulated employment; and

(d)section 192 does not apply to the proposed employment.

(2)The employer must not employ the employee in regulated employment unless—

(a)the employee has a current positive notice and the employer has notified the chief executive that the employer is proposing to employ the employee in regulated employment; or

Note—

See section 176 for how the notification must be given.

(b)the employer has applied for a prescribed notice about the employee.

Maximum penalty—50 penalty units.

194Prohibited employment

(1)This section applies if a person (the employee) does not have a current positive notice.

(2)A person (the employer) must not employ, or continue to employ, the employee in regulated employment if—

(a)the employer has applied for a prescribed notice about the employee and the chief executive gives the employer—

(i)a notice of deemed withdrawal relating to the employee other than under section 208; or

(ii)a notice of deemed withdrawal relating to the employee under section 208; or

Editor’s note—

section 208 (Deemed withdrawal of consent to employment screening if charged with disqualifying offence etc.)

(b)the employer is aware that a negative notice or negative exemption notice has been issued to the employee and the notice is current; or

(c)the employer has been given a notice in relation to the employee—

(i)under section 175(3) or 244(4); or

(ii)under section 339(3) because of a change in police information mentioned in section 339(3)(g).

Editor’s note—

•section 175 (Chief executive to give notice if person signing or making prescribed notice application is disqualified person)

•section 244 (Cancelling positive notice on holder’s request)

•section 339 (Chief executive to give notice to particular entities about a change in police information)

Maximum penalty—

(a)for subsection (2)(a)(i)—40 penalty units; or

(b)otherwise—200 penalty units or 2 years imprisonment.

195Person holding negative notice or negative exemption notice not to apply for, or start or continue in, regulated employment etc.

(1)A person who holds a current negative notice or current negative exemption notice must not—

(a)sign an application about the person made by someone else under division 7; or

(b)make an application under division 8; or

(c)apply for, or start or continue in, regulated employment.

Maximum penalty—500 penalty units or 5 years imprisonment.

Note—

See section 197 in relation to carrying on a regulated business.

(2)However, if the person held a positive notice but a negative notice or negative exemption notice was substituted for it under section 237, 239, 241 or 243, a court may not find the person contravened subsection (1) unless the court is satisfied that written notice of the substitution was given to the person.

(3)Also, if the person held a positive exemption notice but a negative exemption notice was substituted for it under section 295, 297 or 299, a court may not find the person contravened subsection (1) unless the court is satisfied that written notice of the substitution was given to the person.

196Person who has withdrawn consent to employment screening not to start or continue in regulated employment

(1)This section applies if—

(a)an application about a person was made under division 7; and

(b)before a prescribed notice was issued, the application was withdrawn under section 209 because the person’s consent to employment screening under this chapter was withdrawn under section 204 or 208.

(2)The person must not start or continue in regulated employment unless a positive notice is issued to the person.

Maximum penalty—

(a)if the person’s consent to employment screening under this chapter was withdrawn under section 204—100 penalty units or 1 year’s imprisonment; or

(b)otherwise—500 penalty units or 5 years imprisonment.

197Carrying on regulated business

(1)A person must not carry on a regulated business unless—

(a)the person has a current positive notice; or

(b)the person—

(i)is a transitioning person; and

(ii)has applied for a prescribed notice.

Maximum penalty—500 penalty units or 5 years imprisonment.

Note—

Under section 166, particular executive officers of a corporation that carries on a regulated business are taken to carry on the regulated business.

(2)In this section—

transitioning person means a person who was, but is no longer, a police officer or registered teacher if—

(a)the person was, immediately before the person applied for a prescribed notice as mentioned in subsection (1)(b)(ii), carrying on a regulated business on the basis the person was a police officer or registered teacher who—

(i)held a positive exemption notice; or

(ii)had made an exemption notice application; and

(b)if paragraph (a)(i) applies—the person’s positive exemption notice—

(i)ceased to have effect—

(A)for a person who was a police officer—under section 289(2); or

(B)for a person who was a registered teacher—under section 289(3) because the person’s registration under the Education (Queensland College of Teachers) Act 2005 ended under section 26(3), 47(2)(b)(i), 59 or 66(6) of that Act; or

(ii)was cancelled under section 302 and was not suspended under section 298 when it was cancelled; or

(c)if paragraph (a)(ii) applies—the person’s exemption notice application was withdrawn under section 276.

198Currency of prescribed notice for person carrying on regulated business

(1)This section applies if—

(a)a person who carries on a regulated business has a positive notice (a previous notice); and

(b)the person applies for a further prescribed notice about the person at least 30 days before the previous notice expires.

(2)Despite section 231(2), the previous notice remains current from the day it would otherwise end under that subsection until the application is decided or withdrawn unless the previous notice is earlier cancelled under division 11.

Note—

See, however, section 240 or 242 for the effect of a suspension of a prescribed notice.

199Who makes application

(1)A person who proposes to start employing, or continue employing, another person in regulated employment may apply to the chief executive for a prescribed notice about the other person.

(2)If, as part of a course undertaken by a trainee student of an education provider, the education provider proposes for the trainee student to perform work that is regulated employment, the education provider may apply to the chief executive for a prescribed notice about the trainee student.

Note—

Under section 162, if the education provider makes a prescribed notice application about the trainee student, the person who proposes to start employing the trainee student is not required to make a prescribed notice application about the trainee student.

(3)If a person who makes an application under this division asks the person about whom the application is made to sign the application, the person making the application must warn the person asked to sign it that it is an offence for a disqualified person to sign the application.

Maximum penalty for subsection (3)—10 penalty units.

200Form of application

(1)An application under this division must be—

(a)in the approved form; and

(b)signed by, or on behalf of, the person making the application (the applicant); and

(c)signed by the person about whom the application is made (the employee); and

(d)if the applicant did not sight the documents as mentioned in subsection (2)(b)—be accompanied by the alternative certifications relating to the employee; and

(e)accompanied by the prescribed fee.

(2)The approved form mentioned in subsection (1)(a) must include provision for—

(a)identifying information about the employee; and

(b)certification by the applicant that the applicant has sighted the employee’s proof of identity documents; and

(c)a declaration by the applicant that the applicant has given the employee a warning as required under section 199(3); and

(d)a declaration by the employee that he or she is not a disqualified person; and

(e)the employee’s consent to employment screening under this chapter.

(3)The approved form mentioned in subsection (1)(a) must include—

(a)a warning that it is an offence for a disqualified person to sign the application; and

(b)a statement about applying for an eligibility declaration.

201Chief executive may obtain further information

On receiving an application under this division, the chief executive may, orally or in writing—

(a)ask the person making the application, or the person about whom the application is made (the employee), to provide, within a reasonable stated time—

(i)stated information that the chief executive reasonably needs to establish the employee’s identity; or

(ii)stated information, including by way of a submission, about a stated matter that the chief executive reasonably believes is relevant to the application; or

(b)ask the person making the application about why the person did not sight the documents as mentioned in section 200(2)(b).

202Payment of fee for application

(1)For an application under this division—

(a)the person about whom the application is made is liable to pay the prescribed fee mentioned in section 200(1)(e); and

(b)if the person’s employer pays the prescribed fee, the amount of the fee is a debt payable by the person to the employer.

(2)Subsection (1) applies subject to—

(a)a written agreement entered into between the person and the employer; or

(b)an industrial instrument under the Industrial Relations Act 2016; or

(c)another document that regulates wages and conditions of employment and is enforceable under any of the following—

(i)the Fair Work Act 2009 (Cwlth);

(ii)the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cwlth);

(iii)the repealed Workplace Relations Act 1996 (Cwlth).

203Withdrawal of application generally

(1)A person who makes an application under this division may withdraw the application at any time before it is decided.

(2)A person who makes an application under this division is taken to have withdrawn the application if—

(a)the chief executive gives the person a written notice—

(i)asking the person to provide information about why the person did not sight the documents as mentioned in section 200(2)(b); and

(ii)warning the person that, if the person does not comply with the request, the person’s application may be taken to have been withdrawn; and

(b)the person does not comply with the request within the stated time; and

(c)the chief executive gives the person a notice of deemed withdrawal.

204Withdrawal of consent to employment screening generally

(1)The person about whom an application is made under this division may, orally or by written notice to the chief executive, withdraw the person’s consent to employment screening under this chapter.

(2)If a person withdraws his or her consent to employment screening under this chapter under subsection (1), the chief executive must give written notice of the withdrawal to the person who made the application.

205Deemed withdrawal of consent to employment screening if identity can not be established

The person about whom an application is made under this division is taken to have withdrawn his or her consent to employment screening under this chapter if—

(a)the chief executive gives the person a written notice—

(i)asking the person to provide, within a reasonable stated time, stated information that the chief executive reasonably needs to establish the person’s identity; and

(ii)warning the person that, if the person does not comply with the request, the person’s consent to employment screening under this chapter may be taken to have been withdrawn; and

(b)the person does not comply with the request within the stated time; and

(c)the chief executive can not establish with certainty the person’s identity; and

(d)the chief executive gives the person, and the person who made the application, a notice of deemed withdrawal.

206Deemed withdrawal of consent to employment screening if particular requests not complied with

The person about whom an application is made under this division is taken to have withdrawn his or her consent to employment screening under this chapter if—

(a)the chief executive gives the person—

(i)a written notice asking the person to provide, within a reasonable stated time, stated information, including by way of a submission, about a stated matter that the chief executive reasonably believes is relevant to the application; or

(ii)a written notice under section 330; or

(iii)a written notice asking the person to give the necessary consent for section 332 or 333; or

(iv)a written notice asking the person to give the necessary consent for section 337 or 338; and

(b)the notice includes a warning that, if the person does not comply with the notice, the person’s consent to employment screening under this chapter may be taken to have been withdrawn; and

(c)the person does not comply with the notice; and

(d)the chief executive gives the person, and the person who made the application, a notice of deemed withdrawal.

207Deemed withdrawal of consent to employment screening if employment changes

(1)The person about whom an application is made under this division is taken to have withdrawn his or her consent to employment screening under this chapter if—

(a)the relevant person for the person has given the chief executive written notice that the person is no longer employed by the employer stated in the application, or the chief executive can not obtain information, in writing, from the relevant person that the person is employed by the employer; and

(b)the person has not given written notice to the chief executive about the end of the employment as required under section 230; and

Note—

If the person gives a written notice about the end of the employment under section 230, the written notice should provide for the withdrawal of the person’s consent to employment screening under this chapter. See section 230(3).

(c)the chief executive gives the person, and the person who made the application, a notice of deemed withdrawal.

(2)For subsection (1), the relevant person for a person about whom an application is made under this division may give written notice to the chief executive that the person—

(a)is employed, or continues to be employed, by the employer stated in the application; or

(b)is no longer employed by the employer stated in the application.

(3)In this section—

relevant person, for a person, means—

(a)the person’s employer; or

(b)if the person is a trainee student and the prescribed notice application is made by an education provider—the person’s employer or the education provider.

208Deemed withdrawal of consent to employment screening if charged with serious offence or disqualifying offence etc.

The person about whom an application is made under this division is taken to have withdrawn his or her consent to employment screening under this chapter if—

(a)the person gives the chief executive, or the chief executive gives the person, written notice that the person—

(i)is charged with a serious offence or disqualifying offence; or

(ii)is named as the respondent in an application for an offender prohibition order and the proceeding for the offender prohibition order has not ended; or

(iii)is subject to a temporary offender prohibition order or interim sexual offender order made after the day the application was made; and

(b)the chief executive gives the person, and the person who made the application, a notice of deemed withdrawal.

209Effect of withdrawal of consent to employment screening

(1)This section applies if the person about whom an application is made under this division withdraws his or her consent to employment screening under this chapter before the chief executive issues a prescribed notice to the person.

(2)The application is taken to have been withdrawn and the chief executive must not issue the prescribed notice.

210Notice about withdrawal of application or negative notice or negative exemption notice

(1)This section applies if—

(a)an application is made about a person under this division; and

(b)the application is withdrawn or the person already has a current negative notice or current negative exemption notice.

(2)The chief executive must give written notice about the withdrawal or the negative notice or negative exemption notice to each notifiable person for the person.

(3)If the notice under subsection (2) is about the person having a current negative notice or current negative exemption notice, it must state—

(a)the date of issue of the negative notice or negative exemption notice; and

(b)for a notice given to the chief executive (child safety) about a negative notice or negative exemption issued on the basis the person is or was a relevant disqualified person—the provision of this chapter under which the negative notice or negative exemption notice was issued.

211Who makes application

A person who proposes to carry on, or continue carrying on, a regulated business may apply to the chief executive for a prescribed notice about the person.

212Form of application

(1)An application under this division must be—

(a)in the approved form; and

(b)signed by the applicant; and

(c)accompanied by the prescribed fee.

(2)The approved form must include provision for—

(a)identifying information about the applicant; and

(b)certification by a prescribed person that the prescribed person has sighted the applicant’s proof of identity documents; and

(c)a declaration by the applicant that he or she is not a disqualified person.

(3)The approved form must include—

(a)a warning that it is an offence for a disqualified person to make the application; and

(b)a statement about applying for an eligibility declaration.

213Chief executive may obtain further information

On receiving an application under this division, the chief executive may ask the applicant, orally or in writing, to provide, within a reasonable stated time—

(a)stated information that the chief executive reasonably needs to establish the applicant’s identity; or

(b)stated information, including by way of a submission, about a stated matter that the chief executive reasonably believes is relevant to the application.

214Withdrawal of application generally

A person may withdraw the person’s application under this division at any time before it is decided.

215Deemed withdrawal of application if identity can not be established

A person who makes an application under this division is taken to have withdrawn the application if—

(a)the chief executive gives the person a written notice—

(i)asking the person to provide, within a reasonable stated time, stated information that the chief executive reasonably needs to establish the person’s identity; and

(ii)warning the person that, if the person does not comply with the request, the person’s application may be taken to have been withdrawn; and

(b)the person does not comply with the request within the stated time; and

(c)the chief executive can not establish with certainty the person’s identity; and

(d)the chief executive gives the person a notice of deemed withdrawal.

216Deemed withdrawal of application if particular requests not complied with

A person who makes an application under this division is taken to have withdrawn the application if—

(a)the chief executive gives the person—

(i)a written notice asking the person to provide, within a reasonable stated time, stated information, including by way of a submission, about a stated matter that the chief executive reasonably believes is relevant to the application; or

(ii)a written notice under section 330; or

(iii)a written notice asking the person to give the necessary consent for section 332 or 333; or

(iv)a written notice asking the person to give the necessary consent for section 337 or 338; and

(b)the notice includes a warning that, if the person does not comply with the notice, the person’s application may be taken to have been withdrawn; and

(c)the person does not comply with the notice; and

(d)the chief executive gives the person a notice of deemed withdrawal.

217Deemed withdrawal of application if person charged with serious offence or disqualifying offence etc.

A person who makes an application under this division is taken to have withdrawn the application if—

(a)the person gives the chief executive, or the chief executive gives the person, written notice that the person—

(i)is charged with a serious offence or disqualifying offence; or

(ii)is named as the respondent in an application for an offender prohibition order and the proceeding for the offender prohibition order has not ended; or

(iii)is subject to a temporary offender prohibition order or interim sexual offender order made after the date of the application for the prescribed notice; and

(b)the chief executive gives the person a notice of deemed withdrawal.

218Notice about withdrawal of application or negative notice or negative exemption notice

(1)This section applies if—

(a)a person makes an application under this division; and

(b)the application is withdrawn or the person already has a current negative notice or current negative exemption notice.

(2)The chief executive must—

(a)if the application is withdrawn—give written notice of the withdrawal to each notifiable person for the person; or

(b)if the person already has a current negative notice or current negative exemption notice—give written notice of the negative notice or negative exemption notice to the person and each notifiable person for the person.

(3)If the notice under subsection (2) is about the person having a current negative notice or current negative exemption notice, it must state—

(a)the date of issue of the negative notice or negative exemption notice; and

(b)for a notice given to the chief executive (child safety) about a negative notice or negative exemption issued on the basis the person is or was a relevant disqualified person—the provision of this chapter under which the negative notice or negative exemption notice was issued.

219Application of div 9

This division applies if a prescribed notice application is made about a person and the application is not withdrawn.

220Positive notice or negative notice to be issued

The chief executive must decide the prescribed notice application by issuing either of the following to the person—

(a)a notice declaring the application is approved (a positive notice);

(b)a notice declaring the application is refused (a negative notice).

221Issuing prescribed notice to person with no conviction etc. or conviction for offence other than serious offence

(1)Subject to subsection (2), the chief executive must issue a positive notice to the person if—

(a)the chief executive is not aware of any police information or disciplinary information about the person; or

(b)the chief executive is not aware of a conviction of the person for any offence but is aware that there is 1 or more of the following about the person—

(i)investigative information;

(ii)disciplinary information;

(iii)a charge for an offence other than a disqualifying offence;

(iv)a charge for a disqualifying offence that has been dealt with other than by a conviction; or

Note for subparagraph (iv)—

For charges for disqualifying offences that have not been dealt with, see sections 208, 217 and 240 (in relation to prescribed notices), and sections 269, 279 and 298 (in relation to exemption notices).

(c)the chief executive is aware of a conviction of the person for an offence other than a serious offence.

(2)If subsection (1)(b) or (c) applies to the person and the chief executive is satisfied it is an exceptional case in which it would not be in the best interests of children for the chief executive to issue a positive notice, the chief executive must issue a negative notice to the person.

222Issuing prescribed notice to previous holder of a positive exemption notice

(1)Subject to subsection (2), the chief executive must issue a positive notice to the person if—

(a)the person was the holder of a positive exemption notice that was cancelled because the person resigned or retired from being a police officer, and there has not been a change in police information about the person since the resignation or retirement; or

(b)the person was the holder of a positive exemption notice that was cancelled because the person surrendered the person’s registration under the Education (Queensland College of Teachers) Act 2005, and there has not been a change in police information about the person since the surrender.

(2)If subsection (1)(a) or (b) applies to the person and the chief executive is satisfied it is an exceptional case in which it would not be in the best interests of children for the chief executive to issue a positive notice, the chief executive must issue a negative notice to the person.

223Issuing prescribed notice to person whose negative notice or negative exemption notice is cancelled or who holds eligibility declaration

(1)This section applies if—

(a)the chief executive has—

(i)under section 236, cancelled a negative notice issued to the person; or

(ii)under section 294, cancelled a negative exemption notice issued to the person; or

(b)the chief executive has issued an eligibility declaration to the person, and the eligibility declaration has not expired.

(2)If the chief executive is not aware of any police information or disciplinary information about the person, other than information known to the chief executive at the time of taking the action mentioned in subsection (1)(a) or (b), the chief executive must issue a positive notice to the person.

(3)Subject to subsection (4), if the chief executive is aware of police information or disciplinary information about the person, other than information known to the chief executive at the time of taking the action mentioned in subsection (1)(a) or (b), the chief executive must issue a negative notice to the person.

(4)If subsection (3) applies to the person and the chief executive is satisfied it is an exceptional case in which it would not harm the best interests of children for the chief executive to issue a positive notice, the chief executive must issue a positive notice to the person.

224Issuing negative notice to relevant disqualified person except because of temporary or interim order

(1)The chief executive must issue a negative notice to the person if the chief executive is aware the person is a relevant disqualified person.

(2)Subsection (1) does not apply if the person is a relevant disqualified person only because the person is subject to either or both of the following—

(a)a temporary offender prohibition order;

(b)an interim sexual offender order.

225Issuing prescribed notice to other persons

(1)Subject to section 223 and subsection (2), the chief executive must issue a negative notice to the person if the chief executive is aware the person—

(a)is a relevant disqualified person because the person is subject to a temporary offender prohibition order or interim sexual offender order; or

(b)has been a relevant disqualified person at any time but is no longer a relevant disqualified person (other than a person who was a relevant disqualified person by reason of a conviction, sentence or order that was set aside on appeal); or

(c)has been convicted of a serious offence.

(2)If subsection (1)(a), (b) or (c) applies to the person and the chief executive is satisfied it is an exceptional case in which it would not harm the best interests of children for the chief executive to issue a positive notice, the chief executive must issue a positive notice to the person.

226Deciding exceptional case if conviction or charge

(1)This section applies if the chief executive—

(a)is deciding whether or not there is an exceptional case for the person; and

(b)is aware that the person has been convicted of, or charged with, an offence.

(2)The chief executive must have regard to the following—

(a)in relation to the commission, or alleged commission, of an offence by the person—

(i)whether it is a conviction or a charge; and

(ii)whether the offence is a serious offence and, if it is, whether it is a disqualifying offence; and

(iii)when the offence was committed or is alleged to have been committed; and

(iv)the nature of the offence and its relevance to employment, or carrying on a business, that involves or may involve children; and

(v)in the case of a conviction—the penalty imposed by the court and, if the court decided not to impose an imprisonment order for the offence or not to make a disqualification order under section 357, the court’s reasons for its decision;

(b)any information about the person given to the chief executive under section 318 or 319;

(c)any report about the person’s mental health given to the chief executive under section 335;

(d)any information about the person given to the chief executive under section 337 or 338;

(e)anything else relating to the commission, or alleged commission, of the offence that the chief executive reasonably considers to be relevant to the assessment of the person.

227Deciding exceptional case if investigative information exists

(1)This section applies if the chief executive—

(a)is deciding whether or not there is an exceptional case for the person; and

(b)is aware of investigative information about the person.

(2)The chief executive must have regard to the following—

(a)when the acts or omissions constituting the alleged offence to which the investigative information relates were committed;

(b)anything else relating to the commission of the acts or omissions that the chief executive reasonably considers relevant to the assessment of the person.

228Deciding exceptional case if disciplinary information exists

(1)This section applies if the chief executive—

(a)is deciding whether or not there is an exceptional case for the person; and

(b)is aware of disciplinary information about the person.

(2)The chief executive must have regard to the following—

(a)the decision or order of the decision-maker relating to the disciplinary information and the reasons for the decision or order;

(b)any decision or order of an entity hearing and deciding a review of, or appeal against, a decision or order mentioned in paragraph (a), and the reasons for the decision or order;

(c)the relevance of the disciplinary information to employment, or carrying on a business, that involves or may involve children;

(d)anything else relating to the disciplinary information that the chief executive reasonably considers to be relevant to the assessment of the person.

229Chief executive to invite submissions from person about particular information

(1)This section applies if the chief executive—

(a)must decide whether or not there is an exceptional case for the person; and

(b)is proposing to decide the prescribed notice application by issuing a negative notice to the person.

(2)The chief executive must give the person a written notice—

(a)stating the following—

(i)the police information about the person that the chief executive is aware of;

(ii)any disciplinary information about the person that the chief executive is aware of; and

(b)inviting the person to give the chief executive, within a stated time, a submission about—

(i)whether or not there is an exceptional case for the person; or

(ii)why the chief executive should issue a positive notice, or should not issue a negative notice, because of an exceptional case for the person.

(3)The stated time must be reasonable and, in any case, at least 7 days after the chief executive gives the notice to the person.

(4)Before deciding the application, the chief executive must consider any submission received from the person within the stated time.

(5)A submission mentioned in subsection (2)(b) may be made orally or in a language other than English if the chief executive considers a submission in that form is reasonable in the circumstances.

230Chief executive to be notified of change of particular information

(1)This section applies if any of the following (each a relevant change) happens before the chief executive has issued a prescribed notice to the person in relation to the prescribed notice application—

(a)the person’s name or contact details, as stated in the application, change;

(b)the person’s employment, as stated in the application, ends;

(c)the person stops carrying on the business as stated in the application.

(2)The person must give notice, in the approved form, to the chief executive of the relevant change within 14 days after the relevant change happens.

Maximum penalty—10 penalty units.

(3)The approved form mentioned in subsection (2) must provide for a person to give notice withdrawing the person’s consent to employment screening under this chapter.

231Currency of prescribed notice and positive notice blue card

(1)A negative notice remains current until it is cancelled under division 11.

(2)A positive notice remains current for 3 years after it is issued, unless it is earlier cancelled under division 11.

(3)A positive notice blue card relating to a positive notice remains current for the same period as the positive notice.

232Application of div 10

This division applies if the chief executive decides a prescribed notice application about a person.

233Additional information to be given if negative notice issued

If the chief executive issues a negative notice to the person, the negative notice must be accompanied by a written notice stating the following—

(a)the reasons for the chief executive’s decision to issue a negative notice to the person;

(b)the relevant review and appeal information;

(c)that it is an offence for a person who holds a current negative notice to—

(i)sign an application about the person made by someone else under division 7; or

(ii)make an application under division 8; or

(iii)apply for, or start or continue in, regulated employment; or

(iv)carry on a regulated business.

234Notifiable person to be notified of decision

(1)After the chief executive issues a prescribed notice to the person, the chief executive must give each notifiable person for the person a written notice stating whether the person was issued a positive notice or negative notice.

(2)If the person is issued with a negative notice on the basis the person is or was a relevant disqualified person and a notice about the person is given to the chief executive (child safety) under subsection (1), the notice must also state the provision of this part under which the negative notice was issued.

Note—

See sections 224 and 225 for circumstances in which a negative notice is issued to a person on the basis the person is or was a relevant disqualified person.

235Department to be given particular advice

(1)This section applies if—

(a)the person is a person about whom the chief executive of another department (the other executive) has made an application under division 7; and

(b)the chief executive issues a positive notice to the person; and

(c)the other executive asks the chief executive for advice under this section.

(2)The chief executive may advise the other executive that the other executive may need to undertake a further assessment of the person under the Public Service Act 2008, chapter 5, part 6, division 3A to decide whether or not the other department should engage the person.

Note—

The Public Service Act 2008, chapter 5, part 6, division 3A does not apply in relation to the engagement of particular persons by a department. See section 164 of that Act.

(3)However, the chief executive may give the advice mentioned in subsection (2) only if the chief executive is aware that the person has a criminal history.

(4)If the chief executive gives advice under subsection (2), the advice must be accompanied by a written notice stating that no adverse inference about the person’s criminal history or suitability for engagement, or continued engagement, by the other department may be drawn by the fact the advice was given.

236Cancelling negative notice etc. on holder’s application

(1)This section applies if—

(a)the chief executive has issued a negative notice to a person and the notice is current; and

(b)the person is not a relevant disqualified person.

(2)The person may apply to the chief executive to cancel the notice.

(3)The application may not be made less than 2 years after the issue of the negative notice or any previous application by the person under this section, unless—

(a)the decision to issue the negative notice was based on wrong or incomplete information; or

(b)the negative notice was issued because the person was a relevant disqualified person and the person is no longer a relevant disqualified person.

(4)The application must be—

(a)in the approved form; and

(b)signed by the person; and

(c)accompanied by the prescribed fee.

(5)The person may state in the application anything the person considers relevant to the chief executive’s decision including, in particular, any change in the person’s circumstances since the negative notice was issued.

(6)Division 9 applies to the application as if—

(a)the application were a prescribed notice application about the person; and

(b)a reference in the division to issuing a positive notice were a reference to granting the application; and

(c)a reference in the division to issuing a negative notice were a reference to refusing the application.

(7)If the chief executive grants the application, the chief executive must cancel the negative notice to which the application relates.

(8)If the chief executive refuses the application, the chief executive must give the person a written notice stating—

(a)that the application has been refused and the person’s negative notice continues in effect subject to section 231; and

(b)the reasons for the chief executive’s decision to refuse the application; and

(c)the relevant review and appeal information.

237Cancelling positive notice and substituting it with negative notice

(1)The chief executive may cancel a person’s positive notice (the cancelled notice) and substitute a negative notice if the chief executive is satisfied that—

(a)the decision on the application for the cancelled notice was based on wrong or incomplete information and, based on the correct or complete information, the chief executive should issue a negative notice to the person; or

(b)subject to sections 240 and 242, it is appropriate to cancel the positive notice having regard to—

(i)disciplinary information, or information received under part 6, division 2 to 4, about the person, other than information known to the chief executive at the time the positive notice was issued; or

(ii)a decision of a court made after the positive notice was issued, including the reasons for the decision, relating to an offence committed by the person.

Note—

Sections 240 and 242 provide for the suspension of a person’s positive notice, in particular circumstances, before the chief executive decides whether to issue a further positive notice or a negative notice to the person.

(2)In making a decision under subsection (1), the chief executive must make the decision as if it were a decision about a prescribed notice application and, for that purpose, division 9 applies in relation to making the decision.

(3)Without limiting subsection (2), if the chief executive must decide whether or not there is an exceptional case for the person and is proposing to substitute a negative notice as mentioned in subsection (1)—

(a)the chief executive must comply with section 229(2) to (5); and

(b)for that purpose, the reference in section 229(4) to deciding the application is taken to include a reference to deciding whether to substitute a negative notice for a positive notice under this section.

Note—

Section 229 is about inviting a person to make submissions about the existence of an exceptional case for the person.

(4)If, under subsection (1), the chief executive cancels a person’s positive notice and issues a negative notice to the person, the chief executive must—

(a)give the person a written notice stating—

(i)the reasons for the chief executive’s decision to cancel the person’s positive notice and issue a negative notice to the person; and

(ii)the relevant review and appeal information; and

(b)give each notifiable person a written notice stating that—

(i)the person’s positive notice has been cancelled; and

(ii)the person has been issued a negative notice.

(5)Also, the chief executive must consider whether notice must be given under section 342(2)(a), 343 or 344.

(6)If the chief executive’s decision under subsection (2) is that the person should be issued a positive notice—

(a)the chief executive must not cancel the person’s positive notice under subsection (1); and

(b)the person’s positive notice continues in effect subject to section 231.

238Cancelling negative notice and issuing positive notice

(1)The chief executive may cancel a person’s negative notice (the cancelled notice) and, subject to subsection (3), substitute it with a positive notice if—

(a)the chief executive is satisfied that the decision on the application for the cancelled notice was based on wrong or incomplete information and, based on the correct or complete information, the chief executive should issue a positive notice to the person; or

(b)the negative notice was issued on the basis the person was a relevant disqualified person and the person is no longer a relevant disqualified person; or

(c)the chief executive is satisfied that it is appropriate to cancel the negative notice having regard to information not known to the chief executive at the time the negative notice was issued.

(2)In making a decision under subsection (1), the chief executive must make the decision as if it were a decision about a prescribed notice application and, for that purpose, division 9 applies in relation to making the decision.

(3)If the chief executive’s decision under subsection (2) is that the person should be issued a positive notice, the chief executive may issue a positive notice to the person only if the chief executive is satisfied the person is proposing, if the positive notice is issued—

(a)to be employed in regulated employment; or

(b)to carry on a regulated business.

Note—

See, however, sections 195(1)(c) and 197.

(4)The chief executive may cancel a person’s negative notice under subsection (1) even if—

(a)a positive notice is not issued to the person under subsection (3) until a later time; or

(b)a positive notice is never issued to the person under subsection (3).

(5)If the chief executive’s decision under subsection (2) is that the person should be issued a negative notice—

(a)the chief executive must not cancel the person’s negative notice under subsection (1); and

(b)the person’s negative notice continues in effect subject to section 231.

(6)The chief executive may—

(a)act under subsection (1) on the chief executive’s own initiative; or

(b)if a person has applied for the cancellation of the person’s negative notice under section 236—act under subsection (1)(a) or (b) instead of cancelling the person’s negative notice under section 236.

239Cancelling positive notice if relevant disqualified person

(1)This section applies if a person who is the holder of a positive notice, including a positive notice that is suspended under section 240 or 242, becomes a relevant disqualified person other than only because the person is subject to either or both of the following—

(a)a temporary offender prohibition order;

(b)an interim sexual offender order.

Note—

See section 240 in relation to the holder of a positive notice who becomes a relevant disqualified person because the holder is subject to a temporary offender prohibition order or interim sexual offender order (or both).

(2)The chief executive must cancel the person’s positive notice and substitute a negative notice.

(3)At the time the chief executive gives the person the negative notice, the chief executive must give the person a further written notice stating—

(a)the reasons for the decision; and

(b)the relevant review and appeal information; and

(c)that the person may apply under section 236 for the cancellation of the negative notice unless the person is a relevant disqualified person.

(4)Also, the chief executive must give each notifiable person for the person a written notice stating that the person’s positive notice has been cancelled and the person has been issued a negative notice.

(5)A notice given to the chief executive (child safety) under subsection (4) about a person must state that the person was given the negative notice under this section.

(6)Also, the chief executive must consider whether notice must be given under section 342(2)(a), 343 or 344.

240Suspension of a positive notice if charged with serious offence or disqualifying offence or subject to temporary or interim order

(1)This section applies if a person who is the holder of a positive notice (the suspended person)—

(a)is charged with a serious offence or disqualifying offence; or

(b)becomes a relevant disqualified person because the person is subject to either or both of the following—

(i)a temporary offender prohibition order;

(ii)an interim sexual offender order.

Note—

If the holder of a positive notice becomes a relevant disqualified person for another reason, the positive notice must be cancelled under section 239.

(2)The chief executive must, by written notice given to the suspended person, suspend the person’s positive notice.

(3)The notice about the suspension must state the following—

(a)that the positive notice held by the suspended person is suspended;

(b)the reason for the suspension;

(c)how long the suspension will continue;

(d)the effect of the suspension;

(e)that the suspended person must return the positive notice, and any positive notice blue card relating to the positive notice, to the chief executive within 7 days after the notice about the suspension is given to the person;

(f)the relevant review and appeal information.

(4)Until the suspension ends, the suspended person must not—

(a)apply for or start in regulated employment; or

(b)if the suspended person is in regulated employment when the positive notice is suspended—perform work that is regulated employment; or

(c)start or continue to carry on a regulated business.

Maximum penalty—500 penalty units or 5 years imprisonment.

(5)Within 7 days after the suspended person is given notice under subsection (2), the person must return each of the following to the chief executive—

(a)the positive notice;

(b)any positive notice blue card relating to the positive notice.

Maximum penalty—100 penalty units.

(6)The chief executive must give each notifiable person for the suspended person a written notice stating the following—

(a)that the positive notice held by the suspended person is suspended;

(b)how long the suspension will continue;

(c)the effect of the suspension;

(d)that the notifiable person must not allow the suspended person to perform work that is regulated employment while the suspended person’s positive notice is suspended;

(e)that the suspended person’s employer must not terminate the suspended person’s employment or continued employment solely or mainly because the person’s positive notice is suspended.

(7)Also, the chief executive must consider whether notice must be given under section 342(2)(b) or 344.

(8)A person to whom a notice is given under subsection (6) or (7) must not allow the suspended person to perform work that is regulated employment while the suspended person’s positive notice is suspended.

Maximum penalty—200 penalty units.

(9)A person’s employer who is given a notice under subsection (6) must not terminate the person’s employment solely or mainly because the person’s positive notice is suspended.

Note—

See also section 356(4).

(10)Without limiting subsection (4) and despite section 231(2), a positive notice remains current during the period of suspension even if it would otherwise end under section 231(2) during that period.

241Ending of suspension under s 240 and issue of further prescribed notice

(1)This section applies to a positive notice held by a person that is suspended under section 240 (the suspended notice).

(2)The suspension ends if—

(a)the suspended notice is cancelled under another provision of this division; or

(b)on the chief executive’s own initiative or on application by the person—

(i)the chief executive cancels the suspended notice and issues a further positive notice or a negative notice to the person; or

(ii)the chief executive cancels the suspended notice as mentioned in subsection (5).

(3)In making a decision under subsection (2)(b) to cancel the suspended notice and, subject to subsection (5), issue a further positive notice or a negative notice to the person, the chief executive must make the decision as if it were a decision about a prescribed notice application and, for that purpose, division 9 applies in relation to making the decision.

(4)Without limiting subsection (3), if the chief executive must decide whether or not there is an exceptional case for the person and is proposing to issue a negative notice as mentioned in subsection (2)(b)—

(a)the chief executive must comply with section 229(2) to (5); and

(b)for that purpose, the reference in section 229(4) to deciding the application is taken to include a reference to deciding whether to issue a further positive notice or a negative notice under this section.

Note—

Section 229 is about inviting a person to make submissions about the existence of an exceptional case for the person.

(5)The chief executive may cancel the suspended positive notice without issuing a further prescribed notice to the person if the chief executive is satisfied that the person is no longer proposing to be employed in regulated employment or to carry on a regulated business.

(6)If the chief executive cancels the suspended notice and issues a negative notice under subsection (2)(b) to the person, the chief executive must give the person a written notice stating—

(a)the reasons for the chief executive’s decision to cancel the person’s positive notice and issue a negative notice to the person; and

(b)the relevant review and appeal information.

(7)If the chief executive cancels the suspended notice under this section, the chief executive must—

(a)give each notifiable person for the person a written notice stating—

(i)that the person’s suspended notice has been cancelled under this section; and

(ii)whether the person has been issued a further positive notice or negative notice; and

(b)if section 235 applied in relation to the original application for a prescribed notice about the person and the chief executive issues a further positive notice to the person—give the advice mentioned in that section to the relevant chief executive.

(8)Also, the chief executive must consider whether notice must be given under section 342(2)(c), 343 or 344.

(9)Despite an application made by the person as mentioned in subsection (2)(b), the chief executive is not required to decide the application—

(a)while a charge against the person for a serious offence or disqualifying offence is pending; or

(b)while the person is a relevant disqualified person because the person is subject to a temporary offender prohibition order or interim sexual offender order; or

(c)if the person has been convicted of a serious offence or disqualifying offence and—

(i)the period allowed for an appeal relating to the conviction or sentence of the person has not ended; or

(ii)an appeal relating to the conviction or sentence has started but has not been decided; or

(d)if the person is subject to a final offender prohibition order, disqualification order or final sexual offender order and—

(i)the period allowed for an appeal relating to the order has not ended; or

(ii)an appeal relating to the order has started but has not been decided.

242Suspension of a positive notice held by registered teacher if teacher registration suspended

(1)This section applies if—

(a)a registered teacher (the teacher) holds a positive notice; and

(b)the teacher’s registration is suspended under the Education (Queensland College of Teachers) Act 2005, section 49.

(2)The chief executive must, by written notice given to the teacher, suspend the teacher’s positive notice.

(3)The notice about the suspension must state the following—

(a)the positive notice held by the teacher is suspended;

(b)the reason for the suspension;

(c)how long the suspension will continue;

(d)the effect of the suspension;

(e)that the teacher must return the positive notice, and any positive notice blue card relating to the positive notice, to the chief executive within 7 days after the notice about the suspension is given to the teacher;

(f)the relevant review and appeal information.

(4)Until the suspension ends, the teacher must not—

(a)apply for or start in regulated employment; or

(b)if the teacher is in regulated employment when the positive notice is suspended—perform work that is regulated employment; or

(c)start or continue to carry on a regulated business.

Maximum penalty—500 penalty units or 5 years imprisonment.

(5)Within 7 days after the teacher is given notice under subsection (2), the teacher must return each of the following to the chief executive—

(a)the positive notice;

(b)any positive notice blue card relating to the positive notice.

Maximum penalty—100 penalty units.

(6)The chief executive must give each notifiable person for the teacher a written notice stating the following—

(a)the positive notice held by the teacher is suspended;

(b)how long the suspension will continue;

(c)the effect of the suspension;

(d)that the notifiable person must not allow the teacher to perform work that is regulated employment while the teacher’s positive notice is suspended;

(e)that the suspended teacher’s employer must not terminate the teacher’s employment or continued employment solely or mainly because the teacher’s positive notice is suspended.

(7)Also, the chief executive must consider whether notice must be given under section 342(2)(b) or 344(2).

(8)A person to whom a notice is given under subsection (6) or (7) must not allow the teacher to perform work that is regulated employment while the teacher’s positive notice is suspended.

Maximum penalty—200 penalty units.

(9)A person’s employer who is given a notice under subsection (6) may not terminate the person’s employment solely or mainly because the person’s positive notice is suspended.

Note—

See also section 356(4).

(10)Without limiting subsection (4) and despite section 231(2), a positive notice remains current during the period of suspension even if it would otherwise end under section 231(2) during that period.

(11)This section applies despite section 173.

243Ending of suspension under s 242 and issue of further prescribed notice or exemption notice

(1)This section applies to a positive notice held by a person that is suspended under section 242 (the suspended notice).

(2)The suspension ends if—

(a)the suspended notice is cancelled under another provision of this division; or

(b)on the chief executive’s own initiative or on application by the person—

(i)the chief executive cancels the suspended notice and issues the following (replacement notice) to the person—

(A)if the person is not a registered teacher when the suspended notice is cancelled—a further positive notice or a negative notice;

(B)if the person is a registered teacher when the suspended notice is cancelled—a positive exemption notice or negative exemption notice; or

(ii)the chief executive cancels the suspended notice as mentioned in subsection (6).

(3)If the person is not a registered teacher when the chief executive is acting under subsection (2)(b), in making a decision to cancel the suspended notice and, subject to subsection (6), issue a replacement notice to the person, the chief executive must make the decision as if it were a decision about a prescribed notice application and, for that purpose, division 9 applies in relation to making the decision.

(4)If the person is a registered teacher when the chief executive is acting under subsection (2)(b), in making a decision to cancel the suspended notice and, subject to subsection (6), issue a replacement notice to the person, the chief executive must make the decision as if it were a decision about an exemption notice application and, for that purpose, part 5, division 8 applies in relation to making the decision.

(5)Without limiting subsection (3) or (4), if the chief executive must decide whether or not there is an exceptional case for the person and is proposing to issue a replacement notice as mentioned in subsection (2)(b)—

(a)the chief executive must comply with section 229(2) to (5); and

(b)for that purpose, the reference in section 229(4) to deciding the application is taken to include a reference to deciding whether to issue a replacement notice under this section.

Note—

Section 229 is about inviting a person to make submissions about the existence of an exceptional case for the person.

(6)The chief executive may cancel the suspended positive notice without issuing a further prescribed notice or an exemption notice to the person if the chief executive is satisfied that the person is no longer proposing to be employed in regulated employment or to carry on a regulated business.

(7)If the chief executive cancels the suspended notice and issues a negative notice or negative exemption notice to the person, the chief executive must give the person a written notice stating—

(a)the reasons for the chief executive’s decision to cancel the person’s positive notice and issue a negative notice or negative exemption notice to the person; and

(b)the relevant review and appeal information.

(8)If the chief executive cancels the suspended notice under this section, the chief executive must—

(a)give each notifiable person for the person a written notice stating—

(i)that the person’s suspended notice has been cancelled under this section; and

(ii)whether the person has been issued a further positive notice or a negative notice, positive exemption notice or negative exemption notice; and

(b)if section 235 applied in relation to the original application for a prescribed notice about the person and the chief executive issues a further positive notice or a positive exemption notice to the person—give the advice mentioned in that section to the relevant chief executive.

(9)Also, the chief executive must consider whether notice must be given under section 342(2)(c), 343 or 344.

(10)Despite an application made by the person as mentioned in subsection (2)(b)(ii), the chief executive is not required to decide the application while the person’s registration under the Education (Queensland College of Teachers) Act 2005 is suspended under section 49 of that Act.

(11)This section applies despite section 173.

244Cancelling positive notice on holder’s request

(1)A person, including a person whose positive notice is suspended under section 240 or 242, may, by written notice, ask the chief executive to cancel the person’s positive notice.

(2)After receiving the written notice, the chief executive must—

(a)cancel the positive notice; and

(b)give the person a written notice stating that—

(i)the positive notice has been cancelled; and

(ii)the person must not perform work that is regulated employment other than in accordance with subsection (3); and

(iii)the person must not carry on a regulated business other than in accordance with section 197 or 259.

(3)The person must not perform work that is regulated employment unless—

(a)if paragraph (b) does not apply—the chief executive issues a further positive notice to the person; or

(b)if the person is a police officer or registered teacher—

(i)the chief executive issues a positive exemption notice to the person; or

(ii)an exemption notice application is made about the person.

Maximum penalty—500 penalty units or 5 years imprisonment.

Note—

See sections 197 and 259 in relation to carrying on a regulated business.

(4)The chief executive must give written notice about the cancellation of the person’s positive notice to each notifiable person for the person.

(5)Also, the chief executive must consider whether notice must be given under section 342(2)(d), 343 or 344.

(6)A notice under subsection (4) or (5) must state that a person to whom the notice is given must not allow the person whose positive notice is cancelled to perform work that is regulated employment other than in circumstances mentioned in subsection (3).

245Return of previously held prescribed notice or exemption notice

(1)This section applies if a person to whom a prescribed notice (new notice) is issued previously held a prescribed notice or exemption notice (the old notice) other than a positive notice or positive exemption notice that has been cancelled.

(2)Unless the person has a reasonable excuse, the person must, within 14 days after the new notice is issued, give the chief executive—

(a)the old notice; and

(b)if the old notice was a positive notice—any positive notice blue card relating to the old notice.

Maximum penalty—10 penalty units.

246Return of cancelled positive notice

(1)This section applies to a person with a current positive notice if the chief executive cancels the notice.

(2)The person must immediately return the positive notice, and any positive notice blue card relating to the positive notice, to the chief executive, unless the person has a reasonable excuse.

Maximum penalty—100 penalty units.

247Prescribed notices held by police officers and registered teachers

(1)This section applies if—

(a)a person holds a current positive notice or current negative notice; and

(b)the person is or becomes a police officer or registered teacher.

(2)The person’s positive notice or negative notice continues in effect subject to section 231.

(3)This chapter continues to apply in relation to the person’s positive notice or current negative notice while it remains current.

(4)If, under a provision of division 11 or part 7, division 1, the chief executive is required or permitted to issue a positive notice to the person and the chief executive is aware the person is a police officer or registered teacher, the chief executive must instead issue a positive exemption notice to the person.

(5)If, under a provision of division 11 or part 7, division 1, the chief executive is required or permitted to issue a negative notice to the person and the chief executive is aware the person is a police officer or registered teacher, the chief executive must instead issue a negative exemption notice to the person.

(6)This section applies despite section 173.

248Part applies to police officers or registered teachers

This part applies only in relation to the employment of a person, or the carrying on of a business by a person, who is—

(a)a police officer; or

(b)a registered teacher.

249Giving notification under pt 5

(1)This section applies in relation to a provision of this part that provides that a person (the employer) must notify the chief executive about the employment of someone else (the employee) in regulated employment.

(2)The notification must—

(a)be in the approved form; and

(b)if the employer did not give the certification mentioned in subsection (3)(b)—be accompanied by the alternative certifications relating to the employee.

(3)The approved form mentioned in subsection (2)(a) must include provision for—

(a)identifying information about the employee; and

(b)certification by the employer that the employer has sighted the employee’s proof of identity documents.

250Application of div 2

This division applies to employment of a volunteer.

251Starting employment

A person (the employer) must not employ another person (the employee) in regulated employment unless—

(a)the employee has a current positive exemption notice and the employer has notified the chief executive that the employer is proposing to employ the employee in regulated employment; or

(b)the employee is a transitioning person, and the employer has notified the chief executive that the employer is proposing to employ the employee in regulated employment; or

(c)the employer has applied for an exemption notice about the employee.

Note—

See section 249 for how the notification under paragraph (a) or (b) must be given.

Maximum penalty—50 penalty units.

252Application of div 3

This division does not apply to employment of a volunteer.

253Continuing employment of certain regular employees

(1)This section applies if—

(a)a person (the employee) is employed in regulated employment under an agreement with another person (the employer); and

(b)after considering any agreement relating to the employment and the hours or times that the employee previously carried out work for the employer, the employer reasonably expects that the employee is likely to carry out work as part of the employment for the minimum frequency for regulated employment; and

(c)the employee is neither of the following—

(i)a transitioning person;

(ii)the holder of a current positive exemption notice.

(2)The employer must not continue to employ the employee in regulated employment unless the employer has applied for an exemption notice, or further exemption notice, about the employee.

Maximum penalty—50 penalty units.

254Starting employment of certain regular employees

(1)This section applies if—

(a)a person (the employee) is not employed in regulated employment but has previously been employed in regulated employment under 1 or more agreements with another person (the employer); and

(b)it is less than 1 year since the employee last carried out the regulated employment for the employer; and

(c)after considering any agreement relating to the proposed employment between the employer and employee and the employee’s employment during the period when the employee was last employed by the employer, the employer reasonably expects that the employee is likely to carry out work as part of the proposed employment for the minimum frequency for regulated employment.

(2)The employer must not employ the employee in regulated employment unless—

(a)the employee has a current positive exemption notice and the employer has notified the chief executive that the employer is proposing to employ the employee in regulated employment; or

(b)the employee is a transitioning person, and the employer has notified the chief executive that the employer is proposing to employ the employee in regulated employment; or

(c)the employer has applied for an exemption notice about the employee.

Note—

See section 249 for how the notification under paragraph (a) or (b) must be given.

Maximum penalty—50 penalty units.

255Starting employment of new employees

(1)This section applies if—

(a)a person (the employee) is not employed in regulated employment; and

(b)another person (the employer) proposes to employ the employee in regulated employment; and

(c)after considering any agreement relating to the proposed employment between the employer and employee, the employer reasonably expects that the employee is likely to carry out work as part of the proposed employment for the minimum frequency for regulated employment; and

(d)section 254 does not apply to the proposed employment.

(2)The employer must not employ the employee in regulated employment unless—

(a)the employee has a current positive exemption notice and the employer has notified the chief executive that the employer is proposing to employ the employee in regulated employment; or

(b)the employee is a transitioning person, and the employer has notified the chief executive that the employer is proposing to employ the employee in regulated employment; or

(c)the employer has applied for an exemption notice about the employee.

Note—

See section 249 for how the notification under paragraph (a) or (b) must be given.

Maximum penalty—50 penalty units.

256Prohibited employment

(1)This section applies if a person (the employee) does not have a current positive exemption notice.

(2)A person (the employer) must not employ, or continue to employ, the employee in regulated employment if—

(a)the employer has applied for an exemption notice about the employee and the chief executive gives the employer—

(i)a notice of deemed withdrawal relating to the employee other than under section 269; or

(ii)a notice of deemed withdrawal relating to the employee under section 269; or

Editor’s note—

section 269 (Deemed withdrawal of consent to employment screening if charged with disqualifying offence etc.)

(b)the employer is aware that a negative exemption notice or negative notice has been issued to the employee and the notice is current; or

(c)the employer has been given a notice in relation to the employee—

(i)under section 302; or

(ii)under section 339(3) because of a change in police information mentioned in section 339(3)(g).

Editor’s note—

•section 302 (Cancelling positive exemption notice on holder’s request)

•section 339 (Chief executive to give notice to particular entities about a change in police information)

Maximum penalty—

(a)for paragraph (a)(i)—40 penalty units; or

(b)otherwise—200 penalty units or 2 years imprisonment.

257Person holding negative notice or negative exemption notice not to apply for, or start or continue in, regulated employment etc.

(1)A person who holds a current negative exemption notice or current negative notice must not—

(a)sign an application about the person made by someone else under division 6; or

(b)make an application under division 7; or

(c)apply for, or start or continue in, regulated employment.

Maximum penalty—500 penalty units or 5 years imprisonment.

Note—

See section 259 in relation to carrying on a regulated business.

(2)However, if the person held a positive exemption notice but a negative exemption notice was substituted for it under section 295, 297 or 299, a court may not find the person contravened subsection (1) unless the court is satisfied that written notice of the substitution was given to the person.

(3)Also, if the person held a positive notice but a negative notice or negative exemption notice was substituted for the positive notice under section 237, 239, 241 or 243, a court may not find the person contravened subsection (1) unless the court is satisfied that written notice of the substitution was given to the person.

258Person who has withdrawn consent to employment screening not to start or continue in regulated employment

(1)This section applies if—

(a)an application about a person was made under division 6; and

(b)before an exemption notice was issued, the application was withdrawn under section 270 because the person’s consent to employment screening under this chapter was withdrawn under section 264 or 269.

(2)The person must not start or continue in regulated employment unless a positive exemption notice is issued to the person.

Maximum penalty—

(a)if the person’s consent to employment screening under this chapter was withdrawn under section 264—100 penalty units or 1 year’s imprisonment; or

(b)otherwise—500 penalty units or 5 years imprisonment.

259Carrying on regulated business

A person must not carry on a regulated business unless—

(a)the person has a current positive exemption notice; or

(b)the person is a transitioning person; or

(c)the person does not hold a negative exemption notice or negative notice and has applied for an exemption notice.

Maximum penalty—500 penalty units or 5 years imprisonment.

Note—

Under section 166, particular executive officers of a corporation that carries on a regulated business are taken to carry on the regulated business.

260Who makes application

(1)A person who proposes to start employing, or continue employing, another person in regulated employment may apply to the chief executive for an exemption notice about the other person.

(2)If, as part of a course undertaken by a trainee student of an education provider, the education provider proposes for the trainee student to perform work that is regulated employment, the education provider may apply to the chief executive for an exemption notice about the trainee student.

Note—

Under section 162, if the education provider makes an exemption notice application about the trainee student, the person who proposes to start employing the trainee student is not required to make an exemption notice application about the trainee student.

261Form of application

(1)An application under this division must be—

(a)in the approved form; and

(b)signed by, or on behalf of, the person making the application (the applicant); and

(c)signed by the person about whom the application is made (the employee); and

(d)if the applicant did not sight the documents as mentioned in subsection (2)(b)—be accompanied by the alternative certifications relating to the employee.

(2)The approved form mentioned in subsection (1)(a) must include provision for—

(a)identifying information about the employee; and

(b)certification by the applicant that the applicant has sighted the employee’s proof of identity documents; and

(c)a declaration by the employee that—

(i)if the application is made on the basis the employee is a police officer—he or she is a police officer; or

(ii)if application is made on the basis the employee is a registered teacher—he or she is a registered teacher; and

(d)the employee’s consent to employment screening under this chapter.

262Chief executive may obtain further information

On receiving an application under this division, the chief executive may, orally or in writing—

(a)ask the person making the application, or the person about whom the application is made (the employee), to provide, within a reasonable stated time—

(i)stated information that the chief executive reasonably needs to establish the employee’s identity; or

(ii)stated information, including by way of a submission, about a stated matter that the chief executive reasonably believes is relevant to the application; or

(b)ask the person making the application about why the person did not sight the documents as mentioned in section 261(2)(b).

263Withdrawal of application generally

(1)A person who makes an application under this division may withdraw the application at any time before it is decided.

(2)A person who makes an application under this division is taken to have withdrawn the application if—

(a)the chief executive gives the person a written notice—

(i)asking the person to provide information about why the person did not sight the documents as mentioned in section 261(2)(b); and

(ii)warning the person that, if the person does not comply with the request, the person’s application may be taken to have been withdrawn; and

(b)the person does not comply with the request within the stated time; and

(c)the chief executive gives the person a notice of deemed withdrawal.

264Withdrawal of consent to employment screening generally

(1)The person about whom an application is made under this division may, by written notice to the chief executive, withdraw the person’s consent to employment screening under this chapter.

(2)If a person withdraws his or her consent to employment screening under this chapter under subsection (1), the chief executive must give written notice of the withdrawal to the person who made the application.

265Deemed withdrawal of consent to employment screening if person ceases to be police officer or registered teacher

The person about whom an application is made under this division is taken to have withdrawn his or her consent to employment screening under this chapter if—

(a)the person gives the chief executive, or the chief executive gives the person, a written notice stating that—

(i)the person is no longer a police officer; or

(ii)the person is no longer a registered teacher; and

(b)the chief executive gives the person, and the person who made the application, a notice of deemed withdrawal.

266Deemed withdrawal of consent to employment screening if identity can not be established

The person about whom an application is made under this division is taken to have withdrawn his or her consent to employment screening under this chapter if—

(a)the chief executive gives the person a written notice—

(i)asking the person to provide, within a reasonable stated time, stated information that the chief executive reasonably needs to establish the person’s identity; and

(ii)warning the person that, if the person does not comply with the request, the person’s consent to employment screening under this chapter may be taken to have been withdrawn; and

(b)the person does not comply with the request within the stated time; and

(c)the chief executive can not establish with certainty the person’s identity; and

(d)the chief executive gives the person, and the person who made the application, a notice of deemed withdrawal.

267Deemed withdrawal of consent to employment screening if particular requests not complied with

The person about whom an application is made under this division is taken to have withdrawn his or her consent to employment screening under this chapter if—

(a)the chief executive gives the person—

(i)a written notice asking the person to provide, within a reasonable stated time, stated information, including by way of a submission, about a stated matter that the chief executive reasonably believes is relevant to the application; or

(ii)a written notice under section 330; or

(iii)a written notice asking the person to give the necessary consent for section 332 or 333; or

(iv)a written notice asking the person to give the necessary consent for section 337 or 338; and

(b)the notice includes a warning that, if the person does not comply with the notice, the person’s consent to employment screening under this chapter may be taken to have been withdrawn; and

(c)the person does not comply with the notice; and

(d)the chief executive gives the person, and the person who made the application, a notice of deemed withdrawal.

268Deemed withdrawal of consent to employment screening if employment changes

(1)The person about whom an application is made under this division is taken to have withdrawn his or her consent to employment screening under this chapter if—

(a)the relevant person for the person has given the chief executive written notice that the person is no longer employed by the employer stated in the application, or the chief executive can not obtain information, in writing, from the relevant person that the person is employed by the employer; and

(b)the person has not given written notice to the chief executive about the end of the employment as required under section 288; and

Note—

If the person gives a written notice about the end of the employment under section 288, the written notice should provide for the withdrawal of the person’s consent to employment screening under this chapter. See section 288(3).

(c)the chief executive gives the person, and the person who made the application, a notice of deemed withdrawal.

(2)For subsection (1), a relevant person for a person about whom an application is made under this division may give written notice to the chief executive that the person—

(a)is employed, or continues to be employed, by the employer stated in the application; or

(b)is no longer employed by the employer stated in the application.

(3)In this section—

relevant person, for a person, means—

(a)the person’s employer; or

(b)if the person is a trainee student and the exemption notice application was made by an education provider—the person’s employer or the education provider.

269Deemed withdrawal of consent to employment screening if charged with serious offence or disqualifying offence etc.

The person about whom an application is made under this division is taken to have withdrawn his or her consent to employment screening under this chapter if—

(a)the person gives the chief executive, or the chief executive gives the person, written notice that the person—

(i)is charged with a serious offence or disqualifying offence; or

(ii)is named as the respondent in an application for an offender prohibition order and the proceeding for the offender prohibition order has not ended; or

(iii)is subject to a temporary offender prohibition order or interim sexual offender order made after the day the application was made; and

(b)the chief executive gives the person, and the person who made the application, a notice of deemed withdrawal.

270Effect of withdrawal of consent to employment screening

(1)This section applies if a person about whom an application is made under this division withdraws his or her consent to employment screening under this chapter before the chief executive issues an exemption notice to the person.

(2)The application is taken to have been withdrawn and the chief executive must not issue the exemption notice.

271Notice about withdrawal of application or negative exemption notice or negative notice

(1)This section applies if—

(a)an application is made about a person under this division; and

(b)the application is withdrawn or the person already has a current negative exemption notice or current negative notice.

(2)The chief executive must give written notice about the withdrawal or the negative exemption notice or negative notice to each notifiable person for the person.

(3)If the notice under subsection (2) is about the person having a current negative exemption notice or current negative notice, it must state—

(a)the date of issue of the negative exemption notice or negative notice;

(b)for a notice given to the chief executive (child safety) about a negative exemption notice or negative notice issued on the basis the person is or was a relevant disqualified person—the provision of this chapter under which the negative exemption notice or negative notice was issued.

272Who makes application

A person who proposes to carry on, or continue carrying on, a regulated business may apply to the chief executive for an exemption notice about the person.

273Form of application

(1)An application under this division must be—

(a)in the approved form; and

(b)signed by the applicant.

(2)The approved form must include provision for—

(a)identifying information about the applicant; and

(b)certification by a prescribed person that the prescribed person has sighted the applicant’s proof of identity documents; and

(c)a declaration by the applicant that—

(i)if the application is made on the basis the applicant is a police officer—he or she is a police officer; or

(ii)if the application is made on the basis that the applicant is a registered teacher—he or she is a registered teacher.

274Chief executive may obtain further information

On receiving an application under this division, the chief executive may ask the applicant, orally or in writing, to provide, within a reasonable stated time—

(a)stated information that the chief executive reasonably needs to establish the applicant’s identity; or

(b)stated information, including by way of a submission, about a stated matter that the chief executive reasonably believes is relevant to the application.

275Withdrawal of application generally

A person may withdraw the person’s application under this division at any time before it is decided.

276Deemed withdrawal of application if no longer police officer or registered teacher

A person who makes an application under this division is taken to have withdrawn his or her application if—

(a)the person gives the chief executive, or the chief executive gives the person, written notice that the person is no longer a police officer or registered teacher; and

(b)the chief executive gives the person a notice of deemed withdrawal.

277Deemed withdrawal of application if identity can not be established

A person who makes an application under this division is taken to have withdrawn his or her application if—

(a)the chief executive gives the person a written notice—

(i)asking the person to provide, within a reasonable stated time, stated information that the chief executive reasonably needs to establish the person’s identity; and

(ii)warning the person that, if the person does not comply with the request, the person’s application may be taken to have been withdrawn; and

(b)the person does not comply with the request within the stated time; and

(c)the chief executive can not establish with certainty the person’s identity; and

(d)the chief executive gives the person a notice of deemed withdrawal.

278Deemed withdrawal of application if particular requests not complied with

A person who makes an application under this division is taken to have withdrawn the application if—

(a)the chief executive gives the person—

(i)a written notice asking the person to provide, within a reasonable stated time, stated information, including by way of a submission, about a stated matter that the chief executive reasonably believes is relevant to the application; or

(ii)a written notice under section 330; or

(iii)a written notice asking the person to give the necessary consent for section 332 or 333; or

(iv)a written notice asking the person to give the necessary consent for section 337 or 338; and

(b)the notice includes a warning that, if the person does not comply with the notice, the person’s application may be taken to have been withdrawn; and

(c)the person does not comply with the notice; and

(d)the chief executive gives the person a notice of deemed withdrawal.

279Deemed withdrawal of application if charged with serious offence or disqualifying offence etc.

A person who makes an application under this division is taken to have withdrawn the application if—

(a)the person gives the chief executive, or the chief executive gives the person, written notice stating that the person—

(i)is charged with a serious offence or disqualifying offence; or

(ii)is named as the respondent in an application for an offender prohibition order and the proceeding for the offender prohibition order has not ended; or

(iii)is made subject to a temporary offender prohibition order or interim sexual offender order after the day the application was made; and

(b)the chief executive gives the person a notice of deemed withdrawal.

280Notice about withdrawal of application or negative notice or negative exemption notice

(1)This section applies if—

(a)a person makes an application under this division; and

(b)the application is withdrawn or the person already has a current negative exemption notice or current negative notice.

(2)The chief executive must—

(a)if the application is withdrawn—give written notice of the withdrawal to each notifiable person for the person; or

(b)if the person already has a current negative exemption notice or current negative notice—give written notice of the negative exemption notice or negative notice to the person and each notifiable person for the person.

(3)If the notice under subsection (2) is about the person having a current negative exemption notice or current negative notice, it must state—

(a)the date of issue of the negative exemption notice or negative notice; and

(b)for a notice given to the chief executive (child safety) about a negative exemption notice or negative notice issued on the basis the person is or was a relevant disqualified person—the provision of this chapter under which the negative exemption notice or negative notice was issued.

281Application of div 8

This division applies if an exemption notice application is made about a person and the application is not withdrawn.

282Positive exemption notice or negative exemption notice to be issued

The chief executive must decide the exemption notice application by issuing either of the following to the person—

(a)a notice declaring the application is approved (a positive exemption notice);

(b)a notice declaring the application is refused (a negative exemption notice).

283Issuing positive exemption notice to police officer if further screening not required

If the person is a police officer, the chief executive must issue a positive exemption notice to the person if—

(a)the chief executive is not aware of any police information about the person; and

(b)the chief executive—

(i)has, under section 286, been advised that the person is a police officer; and

(ii)has not, under section 286, been advised that the chief executive may need to undertake further employment screening of the person under this chapter.

284Issuing positive exemption notice to registered teacher if further screening not required

If the person is a registered teacher, the chief executive must issue a positive exemption notice to the person if—

(a)the chief executive is not aware of any police information or disciplinary information about the person; and

(b)the chief executive—

(i)has, under section 287, been advised that the person is a registered teacher; and

(ii)has not, under section 287, been advised that the chief executive may need to undertake further employment screening of the person under this chapter.

285Issuing exemption notice if ss 283 and 284 do not apply

(1)This section applies if neither section 283 nor 284 applies to the person.

(2)The chief executive must decide the exemption notice application in the way the chief executive would be required to decide the application if it were a prescribed notice application.

(3)For subsection (2), sections 221 to 229 apply in relation to making the decision as if—

(a)a reference in the sections to issuing a positive notice were a reference to issuing a positive exemption notice; and

(b)a reference in the sections to issuing a negative notice were a reference to issuing a negative exemption notice; and

(c)a reference in section 229 to a prescribed notice application were a reference to an exemption notice application.

286Obtaining advice from police commissioner

(1)This section applies if the exemption notice application is about a person who claims to be a police officer.

(2)For deciding the application, the chief executive may ask the police commissioner to advise the chief executive—

(a)whether or not the person is a police officer; and

(b)if the person is a police officer—whether the chief executive may need to undertake further employment screening of the person under this chapter.

(3)For subsection (2), the chief executive’s request may include the following information—

(a)the person’s name and any other name that the chief executive believes the person may use or may have used;

(b)the person’s gender and date and place of birth;

(c)the person’s address;

(d)any number, date or other information given by the person about the person’s status as a police officer.

Example for paragraph (d)—

a number identifying the person as a police officer

(4)The police commissioner must comply with the request.

(5)However—

(a)the police commissioner may give advice under subsection (2)(b) only if the police commissioner is aware—

(i)the person has been charged with an offence; and

(ii)the charge has not been finally dealt with; and

(b)if paragraph (a) applies, the advice must be that the chief executive may need to undertake further employment screening of the person under this chapter.

287Obtaining advice from college of teachers

(1)This section applies if the exemption notice application is about a person who claims to be a registered teacher.

(2)For deciding the application, the chief executive may ask the college of teachers to advise the chief executive—

(a)whether or not the person is a registered teacher; and

(b)if the person is a registered teacher—whether the chief executive may need to undertake further employment screening of the person under this chapter.

(3)For subsection (2), the chief executive’s request may include the following information—

(a)the person’s name and any other name that the chief executive believes the person may use or may have used;

(b)the person’s gender and date and place of birth;

(c)the person’s address;

(d)any number, date or other information given by the person about the person’s status as a registered teacher.

Example for paragraph (d)—

the person’s identification number for the person’s registration under the Education (Queensland College of Teachers) Act 2005

(4)The college of teachers must comply with the request.

(5)However—

(a)the college may give advice under subsection (2)(b) only if the college is aware of any police information about the person; and

(b)if paragraph (a) applies, the advice must be that the chief executive may need to undertake further employment screening of the person under this chapter.

(6)If the college of teachers gives advice under subsection (2)(b), the advice must be accompanied by a written notice stating that—

(a)no adverse inference about the person’s police information may be drawn by the fact the advice was given; and

(b)no inference that a negative notice or negative exemption notice may be issued to the person under this chapter may be drawn by the fact the advice was given.

(7)In this section—

police information means police information as defined under the Education (Queensland College of Teachers) Act 2005.

288Chief executive to be notified of change of particular information

(1)This section applies if any of the following (each a relevant change) happens before the chief executive has issued an exemption notice to the person in relation to the exemption notice application—

(a)the person’s name or contact details, as stated in the application, change;

(b)the person’s employment, as stated in the application, ends;

(c)the person stops carrying on the business as stated in the application.

(2)The person must give notice, in the approved form, to the chief executive of the relevant change within 14 days after the relevant change happens.

Maximum penalty—10 penalty units.

(3)The approved form mentioned in subsection (2) must provide for a person to give notice withdrawing the person’s consent to employment screening under this chapter.

289Currency of exemption notice

(1)A negative exemption notice remains current until it is cancelled under division 10.

(2)A positive exemption notice issued to a police officer remains current while its holder is a police officer, unless it is earlier cancelled under division 10.

(3)A positive exemption notice issued to a registered teacher remains current while its holder is a registered teacher, unless it is earlier cancelled under division 10.

290Application of div 9

This division applies if the chief executive decides an exemption notice application about a person.

291Additional information to be given if negative exemption notice issued

If the chief executive issues a negative exemption notice to the person, the negative exemption notice must be accompanied by a written notice stating the following—

(a)the reasons for the chief executive’s decision to issue a negative exemption notice to the person;

(b)the relevant review and appeal information;

(c)that it is an offence for a person who holds a current negative exemption notice to—

(i)sign an application about the person made by someone else under division 6; or

(ii)make an application under division 7; or

(iii)apply for, or start or continue in, regulated employment; or

(iv)carry on a regulated business.

292Notifiable person to be notified of decision

(1)After the chief executive issues an exemption notice to the person, the chief executive must give each notifiable person for the person a written notice stating whether the person was issued a positive exemption notice or negative exemption notice.

(2)If the person is issued with a negative exemption notice on the basis the person is or was a relevant disqualified person and a notice about the person is given to the chief executive (child safety) under subsection (1), the notice must also state the provision of this chapter under which the negative exemption notice was issued.

Note—

See sections 224 and 225 (as applied to exemption notice applications under section 285) for circumstances in which a negative exemption notice may be issued to a person on the basis the person is or was a relevant disqualified person.

293Department to be given particular advice

(1)This section applies if—

(a)the person is a person about whom the chief executive of another department (the other executive) has made an application under division 6; and

(b)the chief executive issues a positive exemption notice to the person; and

(c)the other executive asks the chief executive for advice under this section.

(2)The chief executive may advise the other executive that the other executive may need to undertake a further assessment of the person under the Public Service Act 2008, chapter 5, part 6, division 3A to decide whether or not the other department should engage the person.

Note—

The Public Service Act 2008, chapter 5, part 6, division 3A does not apply in relation to the engagement of particular persons by a department. See section 164 of that Act.

(3)However, the chief executive may give the advice mentioned in subsection (2) only if the chief executive is aware that the person has a criminal history.

(4)If the chief executive gives advice under subsection (2), the advice must be accompanied by a written notice stating that no adverse inference about the person’s criminal history or suitability for engagement, or continued engagement, by the other department may be drawn by the fact the advice was given.

294Cancelling negative exemption notice etc. on holder’s application

(1)This section applies if—

(a)the chief executive has issued a negative exemption notice to a person and the notice is current; and

(b)the person is not a relevant disqualified person.

(2)The person may apply to the chief executive to cancel the notice.

(3)The application may not be made less than 2 years after the issue of the negative exemption notice or any previous application by the person under this section, unless—

(a)the decision to issue the negative exemption notice was based on wrong or incomplete information; or

(b)the negative exemption notice was issued on the basis the person was a relevant disqualified person and the person is no longer a relevant disqualified person.

(4)The application must be—

(a)in the approved form; and

(b)signed by the person.

(5)The person may state in the application anything the person considers relevant to the chief executive’s decision including, in particular, any change in the person’s circumstances since the negative exemption notice was issued.

(6)Division 8 applies to the application as if—

(a)the application were an exemption notice application; and

(b)a reference in the division to issuing a positive exemption notice were a reference to granting the application; and

(c)a reference in the division to issuing a negative exemption notice were a reference to refusing the application.

(7)If the chief executive grants the application, the chief executive must cancel the negative exemption notice to which the application relates.

(8)If the chief executive refuses the application, the chief executive must give the person a written notice stating—

(a)that the application has been refused and the person’s negative exemption notice continues in effect subject to section 289; and

(b)the reasons for the chief executive’s decision to refuse the application; and

(c)the relevant review and appeal information.

295Cancelling positive exemption notice and substituting it with negative exemption notice

(1)The chief executive may cancel a person’s positive exemption notice (the cancelled notice) and substitute a negative exemption notice if the chief executive is satisfied that—

(a)the decision on the application for the cancelled notice was based on wrong or incomplete information and, based on the correct or complete information, the chief executive should issue a negative exemption notice to the person; or

(b)subject to section 298, it is appropriate to cancel the positive exemption notice having regard to—

(i)disciplinary information, or information received under part 6, division 2 to 4, about the person, other than information known to the chief executive at the time the positive exemption notice was issued; or

(ii)a decision of a court made after the positive exemption notice was issued, including the reasons for the decision, relating to an offence committed by the person.

Note—

Section 298 provides for the suspension of a person’s positive exemption notice, in particular circumstances, before the chief executive decides whether to issue a further positive exemption notice or a negative exemption notice to the person.

(2)In making a decision under subsection (1), the chief executive must make the decision as if it were a decision about an exemption notice application and, for that purpose, division 8 applies in relation to making the decision.

(3)Without limiting subsection (2), if the chief executive must decide whether or not there is an exceptional case for the person and is proposing to substitute a negative exemption notice as mentioned in subsection (1)—

(a)the chief executive must comply with section 229(2) to (5); and

(b)for that purpose, the reference in section 229(4) to deciding the application is taken to include a reference to deciding whether to substitute a negative exemption notice for a positive exemption notice under this section.

Note—

Section 229 is about inviting a person to make submissions about the existence of an exceptional case for the person.

(4)If, under subsection (1), the chief executive cancels a person’s positive exemption notice and issues a negative exemption notice to the person, the chief executive must—

(a)give the person a written notice stating—

(i)the reasons for the chief executive’s decision to cancel the person’s positive exemption notice and issue a negative exemption notice to the person; and

(ii)the relevant review and appeal information; and

(b)give each notifiable person a written notice stating that—

(i)the person’s positive exemption notice has been cancelled; and

(ii)the person has been issued a negative exemption notice.

(5)Also, the chief executive must consider whether notice must be given under section 342(2)(a).

(6)If the chief executive’s decision under subsection (2) is that the person should be issued a positive exemption notice—

(a)the chief executive must not cancel the person’s positive exemption notice under subsection (1); and

(b)the person’s positive exemption notice continues in effect subject to section 289.

296Cancelling negative exemption notice and issuing positive exemption notice

(1)The chief executive may cancel a person’s negative exemption notice (the cancelled notice) and, subject to subsection (3), substitute it with a positive exemption notice if—

(a)the chief executive is satisfied that the decision on the application for the cancelled notice was based on wrong or incomplete information and, based on the correct or complete information, the chief executive should issue a positive exemption notice to the person; or

(b)the negative exemption notice was issued on the basis the person was a relevant disqualified person and the person is no longer a relevant disqualified person; or

(c)the chief executive is satisfied that it is appropriate to cancel the negative exemption notice having regard to information not known to the chief executive at the time the negative exemption notice was issued.

(2)In making a decision under subsection (1), the chief executive must make the decision as if it were a decision about an exemption notice application and, for that purpose, division 8 applies in relation to making the decision.

(3)If the chief executive’s decision under subsection (2) is that the person should be issued a positive exemption notice, the chief executive may issue a positive exemption notice to the person only if the chief executive is satisfied the person is proposing, if the positive exemption notice is issued—

(a)to be employed in regulated employment; or

(b)to carry on a regulated business.

Note—

See, however, sections 257(1)(c) and 259.

(4)The chief executive may cancel a person’s negative exemption notice under subsection (1) even if—

(a)a positive exemption notice is not issued to the person under subsection (3) until a later time; or

(b)a positive exemption notice is never issued to the person under subsection (3).

(5)If the chief executive’s decision under subsection (2) is that the person should be issued a negative exemption notice—

(a)the chief executive must not cancel the person’s negative exemption notice under subsection (1); and

(b)the person’s negative exemption notice continues in effect subject to section 289.

(6)The chief executive may—

(a)act under subsection (1) on the chief executive’s own initiative; or

(b)if a person has applied for the cancellation of the person’s negative exemption notice under section 294—act under subsection (1)(a) or (b) instead of cancelling the person’s negative exemption notice under section 294.

297Cancelling positive exemption notice if relevant disqualified person

(1)This section applies if a person who is the holder of a positive exemption notice, including a positive exemption notice that is suspended under section 298, becomes a relevant disqualified person other than only because the person is subject to either or both of the following—

(a)a temporary offender prohibition order;

(b)an interim sexual offender order.

Note—

See section 298 in relation to the holder of a positive exemption notice who becomes a relevant disqualified person because the holder is subject to a temporary offender prohibition order or interim sexual offender order (or both).

(2)The chief executive must cancel the person’s positive exemption notice and substitute a negative exemption notice.

(3)At the time the chief executive gives the person the negative exemption notice, the chief executive must give the person a further written notice stating—

(a)the reasons for the decision; and

(b)the relevant review and appeal information; and

(c)that the person may apply under section 294 for the cancellation of the negative exemption notice unless the person is a relevant disqualified person.

(4)Also, the chief executive must give each notifiable person for the person a written notice stating that the person’s positive exemption notice has been cancelled and the person has been issued a negative exemption notice.

(5)A notice given to the chief executive (child safety) under subsection (4) about a person must state that the person was issued the negative exemption notice under this section.

(6)Also, the chief executive must consider whether notice must be given under section 342(2)(a).

298Suspension of a positive exemption notice if charged with serious offence or disqualifying offence or subject to temporary or interim order

(1)This section applies if a person who is the holder of a positive exemption notice (the suspended person)—

(a)is charged with a serious offence or disqualifying offence; or

(b)becomes a relevant disqualified person because the person is subject to either or both of the following—

(i)a temporary offender prohibition order;

(ii)an interim sexual offender order.

Note—

If the holder of a positive exemption notice becomes a relevant disqualified person for another reason, the positive exemption notice must be cancelled under section 297.

(2)The chief executive must, by written notice given to the suspended person, suspend the person’s positive exemption notice.

(3)The notice about the suspension must state the following—

(a)that the positive exemption notice held by the suspended person is suspended;

(b)the reason for the suspension;

(c)how long the suspension will continue;

(d)the effect of the suspension;

(e)that the suspended person must return the positive exemption notice to the chief executive within 7 days after the notice about the suspension is given to the person;

(f)the relevant review and appeal information.

(4)Until the suspension ends, the suspended person must not—

(a)apply for or start in regulated employment; or

(b)if the suspended person is in regulated employment when the positive notice is suspended—perform work that is regulated employment; or

(c)start or continue to carry on a regulated business.

Maximum penalty—500 penalty units or 5 years imprisonment.

(5)Within 7 days after the suspended person is given notice under subsection (2), the person must return the person’s positive exemption notice to the chief executive.

Maximum penalty—100 penalty units.

(6)The chief executive must give each notifiable person for the suspended person a written notice stating the following—

(a)that the positive exemption notice held by the suspended person is suspended;

(b)how long the suspension will continue;

(c)the effect of the suspension;

(d)that the notifiable person must not allow the suspended person to perform work that is regulated employment while the suspended person’s positive exemption notice is suspended;

(e)that the suspended person’s employer must not terminate the suspended person’s employment or continued employment solely or mainly because the person’s positive exemption notice is suspended.

(7)Also, the chief executive must consider whether notice must be given under section 342(2)(f).

(8)A person to whom a notice is given under subsection (6) or (7) must not allow the suspended person to perform work that is regulated employment while the suspended person’s positive exemption notice is suspended.

Maximum penalty—200 penalty units.

(9)A person’s employer who is given a notice under subsection (6) must not terminate the person’s employment solely or mainly because the person’s positive exemption notice is suspended.

Note—

See also section 356(4).

299Ending of suspension and issue of further exemption notice

(1)This section applies to a positive exemption notice held by a person that is suspended under section 298 (the suspended notice).

(2)The suspension ends if—

(a)the suspended notice is cancelled under another provision of this division; or

(b)on the chief executive’s own initiative or on application by the person—

(i)the chief executive cancels the suspended notice and issues a further positive exemption notice or a negative exemption notice to the person; or

(ii)the chief executive cancels the suspended notice as mentioned in subsection (5); or

(c)the positive exemption notice ceases to have effect under section 289, including because the person’s registration under the Education (Queensland College of Teachers) Act 2005 is suspended under section 48 or 49 of that Act.

(3)In making a decision under subsection (2)(b) to cancel the suspended notice and, subject to subsection (5), issue a further positive exemption notice or a negative exemption notice, the chief executive must make the decision as if it were a decision about an exemption notice application and, for that purpose, division 8 applies in relation to making the decision.

(4)Without limiting subsection (3), if the chief executive must decide whether or not there is an exceptional case for the person and is proposing to issue a negative exemption notice as mentioned in subsection (2)(b)—

(a)the chief executive must comply with section 229(2) to (5); and

(b)for that purpose, the reference in section 229(4) to deciding the application is taken to include a reference to deciding whether to issue a further positive exemption notice or a negative exemption notice under this section.

Note—

Section 229 is about inviting a person to make submissions about the existence of an exceptional case for the person.

(5)The chief executive may cancel the suspended notice without issuing a further exemption notice to the person if the chief executive is satisfied that the person is no longer proposing to be employed in regulated employment or to carry on a regulated business.

(6)If the chief executive cancels the suspended notice and issues a negative exemption notice to the person under subsection (2)(b), the chief executive must give the person a written notice stating—

(a)the reasons for the chief executive’s decision to cancel the person’s positive exemption notice and issue a negative exemption notice to the person; and

(b)the relevant review and appeal information.

(7)If the chief executive cancels the suspended notice under this section, the chief executive must—

(a)give each notifiable person for the person a written notice stating—

(i)that the person’s suspended notice has been cancelled under this section; and

(ii)whether the person has been issued a further positive exemption notice or a negative exemption notice; and

(b)if section 293 applied in relation to the original application for an exemption notice about the person and the chief executive issues a further positive exemption notice to the person—give the advice mentioned in that section to the relevant chief executive.

(8)Also, the chief executive must consider whether notice must be given under section 342(2)(g).

(9)Despite an application made by the person as mentioned in subsection (2)(b)(ii), the chief executive is not required to decide the application—

(a)while a charge against the person for a serious offence or disqualifying offence is pending; or

(b)while the person is a relevant disqualified person because the person is subject to a temporary offender prohibition order or interim sexual offender order; or

(c)if the person has been convicted of a serious offence or disqualifying offence and—

(i)the period allowed for an appeal relating to the conviction or sentence of the person has not ended; or

(ii)an appeal relating to the conviction or sentence has started but has not been decided; or

(d)if the person is subject to a final offender prohibition order, disqualification order or final sexual offender order and—

(i)the period allowed for an appeal relating to the order has not ended; or

(ii)an appeal relating to the order has started but has not been decided.

300Notifying holder of expiry of positive exemption notice if no longer police officer or registered teacher

(1)This section applies if—

(a)a person was issued a positive exemption notice on the basis the person was a police officer and the person is no longer a police officer; or

Note—

See section 326 for the requirement that the police commissioner notify the chief executive about a person who is no longer a police officer.

(b)a person was issued a positive exemption notice on the basis the person was a registered teacher and the person is no longer a registered teacher, including because the person’s registration under the Education (Queensland College of Teachers) Act 2005 is suspended under section 48 or 49 of that Act.

Note—

See the Education (Queensland College of Teachers) Act 2005, section 285A for the requirement that the college of teachers notify the chief executive about the cancellation, suspension, surrender or ending of a person’s registration under that Act.

(2)The chief executive must give the person a written notice stating that the person’s positive exemption notice has ceased to have effect under section 289.

(3)The written notice must also advise the person that—

(a)the person must immediately return the positive exemption notice to the chief executive; and

(b)a prescribed notice application may be made about the person if the person—

(i)is not a police officer or registered teacher; and

(ii)is not a disqualified person; and

(c)an exemption notice application may be made about the person if the person is a police officer or registered teacher.

(4)Also, the chief executive must give each notifiable person for the person a written notice stating that the positive exemption notice held by the person has ceased to have effect under this Act.

(5)Also, the chief executive must consider whether notice must be given under section 342(2)(e).

301Effect of negative exemption notice if person no longer police officer or registered teacher

(1)This section applies if—

(a)a person was issued a negative exemption notice on the basis the person was a police officer and the person is no longer a police officer; or

Note—

See section 326 for the requirement that the police commissioner notify the chief executive about a person who is no longer a police officer.

(b)a person was issued a negative exemption notice on the basis the person was a registered teacher and the person is no longer a registered teacher, including because the person’s registration under the Education (Queensland College of Teachers) Act 2005 is suspended under section 48 or 49 of that Act.

Note—

See the Education (Queensland College of Teachers) Act 2005, section 285A for the requirement that the college under that Act notify the chief executive about the cancellation, suspension, surrender or ending of a person’s registration under that Act.

(2)The negative exemption notice continues in effect despite section 248.

(3)Subsection (4) applies if—

(a)the negative exemption notice is cancelled under section 294 or 296; and

(b)the chief executive is required or permitted to issue a positive exemption notice to the person; and

(c)the chief executive is aware the person is not a police officer or registered teacher.

(4)The chief executive must instead issue a positive notice to the person.

302Cancelling positive exemption notice on holder’s request

(1)A person, including a person whose positive exemption notice is suspended under section 298, may, by written notice, ask the chief executive to cancel the person’s positive exemption notice.

(2)After receiving the written notice, the chief executive must—

(a)cancel the positive exemption notice; and

(b)give the person a written notice stating that—

(i)the positive exemption notice has been cancelled; and

(ii)the person must not perform work that is regulated employment other than in accordance with subsection (3); and

(iii)the person must not carry on a regulated business other than in accordance with section 197 or 259.

(3)The person must not perform work that is regulated employment unless—

(a)if the person is a police officer or registered teacher—

(i)the chief executive issues a further positive exemption notice to the person; or

(ii)an exemption notice application is made about the person; or

(b)otherwise—the chief executive issues a positive notice to the person.

Maximum penalty—500 penalty units or 5 years imprisonment.

Note—

See sections 197 and 259 in relation to carrying on a regulated business.

(4)The chief executive must give written notice about the cancellation of the person’s positive exemption notice to each notifiable person for the person.

(5)Also, the chief executive must consider whether notice must be given under section 342(2)(h).

(6)A notice under subsection (4) or (5) must state that a person to whom the notice is given must not allow the person whose positive exemption notice is cancelled to perform work that is regulated employment other than in circumstances mentioned in subsection (3).

303Return of previously held exemption notice or prescribed notice

(1)This section applies if a person to whom an exemption notice (new notice) is issued previously held an exemption notice or prescribed notice (the old notice) other than a positive exemption notice or positive notice that has been cancelled.

(2)Unless the person has a reasonable excuse, the person must, within 14 days after the new notice is issued, give the chief executive—

(a)the old notice; and

(b)if the old notice was a positive notice—any positive notice blue card relating to the old notice.

Maximum penalty—10 penalty units.

304Return of cancelled or expired positive exemption notice

(1)This section applies to a person with a positive exemption notice if—

(a)the chief executive cancels the notice; or

(b)the person is given notice under section 300 that the positive exemption notice has ceased to have effect under section 289.

(2)The person must immediately return the positive exemption notice to the chief executive, unless the person has a reasonable excuse.

Maximum penalty—100 penalty units.

305Police commissioner may decide that information about a person is investigative information

(1)The police commissioner may decide under this section that information about a person (the investigated person) is investigative information if—

(a)there is or was evidence of acts or omissions that, at the time of the acts or omissions, constituted a schedule 6 or 6A offence (the alleged offence) by the investigated person against a person (the complainant); and

(b)the police investigated the alleged offence and the investigated person was formally notified about the investigation, including—

(i)by participating in an interview, or by being asked to participate in an interview, about the alleged offence; or

(ii)by otherwise being given an opportunity to answer allegations about the alleged offence; and

(c)there was sufficient evidence available that was capable of establishing each element of the alleged offence but a decision was made not to charge the investigated person because—

(i)the complainant died before the charge was brought; or

(ii)either or both of the following applied—

(A)the complainant was unwilling to proceed;

(B)an adult who, at the relevant time, was the complainant’s parent or guardian decided that, in the interests of the complainant, the matter should not proceed.

(2)Evidence of acts or omissions includes information from a third party if the complainant did not make a formal complaint at or about the time of the investigation.

(3)For this section, a schedule 6 or 6A offence is—

(a)an offence against a provision of an Act mentioned in schedule 6 or 6A, column 1, subject to any qualification relating to the provision mentioned opposite in column 3; or

(b)an offence of counselling or procuring the commission of an offence of a kind mentioned in paragraph (a); or

(c)an offence of attempting, or of conspiring, to commit an offence of a kind mentioned in paragraph (a); or

(d)an offence that has, as an element, intention to commit an offence of a kind mentioned in paragraph (a); or

(e)an offence that, at the time it was committed was an offence of a kind mentioned in paragraph (a); or

(f)an offence under a law of another jurisdiction that, if it had been committed in Queensland, would have constituted an offence mentioned in paragraph (a), (b), (c), (d) or (e).

Note—

Column 2 in schedules 6 and 6A is included for information purposes only and states a section heading for the provision mentioned opposite in column 1.

(4)For subsection (3), it is immaterial if a provision mentioned in schedule 6 or 6A, column 1, for an Act has been amended from time to time or that the provision was previously numbered with a different number.

306Police commissioner not to delegate power under s 305

Despite the Police Service Administration Act 1990, section 4.10, the police commissioner may not delegate the police commissioner’s powers under section 305 other than to a police officer of at least the rank of superintendent.

307Appeal against police commissioner’s decision that information is investigative information

(1)This section applies if—

(a)the police commissioner decides that information about a person is investigative information; and

(b)the investigative information is given, under division 2, to the chief executive; and

(c)after the investigative information is given to the chief executive, any of the following happens (relevant event)—

(i)a negative notice or negative exemption notice is issued to a person;

(ii)the person’s positive notice is cancelled and a negative notice or negative exemption notice is substituted for it;

(iii)the person’s positive exemption notice is cancelled and a negative exemption notice is substituted for it;

(iv)the person’s eligibility application is refused.

(2)The person may appeal to a Magistrates Court about the police commissioner’s decision mentioned in subsection (1).

(3)However, an appeal under subsection (2) may only be made within 28 days after the person is given written notice of the relevant event.

(4)The chief executive and police commissioner must be given a copy of the notice of appeal.

(5)QCAT does not have jurisdiction to review a decision of the police commissioner that information about a person is investigative information or that information that is investigative information may be given to the chief executive.

308Court to decide matters afresh

(1)A Magistrates Court hearing an appeal under section 307 is to decide afresh whether information given to the chief executive as investigative information about a person is investigative information.

(2)A person who is the relevant complainant under section 305 must not be asked or called on by the investigated person under that section to give evidence in person before the court.

(3)Subsection (2) does not prevent documentary evidence being tendered and received in evidence by the court.

(4)After hearing an appeal under section 307, the court may confirm or set aside the decision and the court must give the appellant notice of the decision.

(5)For subsection (4), the court must have regard to the matters the police commissioner was required to have regard to under this Act when the police commissioner made the decision.

309Consequence of decision on appeal

(1)This section applies if a Magistrates Court hears and decides an appeal against the police commissioner’s decision under section 305 that information given to the chief executive about a person is investigative information.

(2)If the court sets aside the decision appealed against, the person may—

(a)if the person was issued a negative notice on the basis of the information—apply under section 236 to cancel the negative notice issued to the person on the grounds that the decision to issue the notice was based on wrong information; or

(b)if the person was issued a negative exemption notice on the basis of the information—apply under section 294 to cancel the negative exemption notice issued to the person on the grounds that the decision to issue the notice was based on wrong information; or

(c)if the person’s eligibility application was refused on the basis of the information—apply under section 186 for the chief executive to revoke the refusal on the grounds the refusal was based on wrong information.

(3)If the court confirms the decision appealed against—

(a)the person who appealed the decision may apply, within 28 days after receiving the notice under section 308(4) and as otherwise provided under the QCAT Act, to QCAT for a review of a decision of the chief executive if—

(i)the person is not a disqualified person; and

(ii)the decision is a chapter 8 reviewable decision; and

(b)the notice under section 308(4) must state how, and the period within which, the person may apply for the review.

(4)If a person applies under subsection (3)(a) to have a decision reviewed, QCAT may not—

(a)stay the operation of the decision; or

(b)grant an injunction in the proceeding for the review.

(5)In this section—

issue—

(a)in relation to a negative notice—includes substitute a negative notice after cancelling a positive notice; and

(b)in relation to a negative exemption notice—includes substitute a negative exemption notice after cancelling a positive exemption notice or positive notice.

310Application of div 2

This division applies to a person if—

(a)the person has a current positive notice or current positive exemption notice; or

(b)the chief executive has received a prescribed notice application or exemption notice application about the person and the application has not been withdrawn; or

(c)the person has applied to the chief executive to cancel a negative notice or negative exemption about the person; or

(d)the person has applied, under section 241, to the chief executive to cancel the person’s positive notice that is suspended and issue a further positive notice to the person; or

(e)the person has applied, under section 243, to the chief executive to cancel the person’s positive notice that is suspended and issue a further positive notice or positive exemption notice to the person; or

(f)the person has applied, under section 299, to the chief executive to cancel the person’s positive exemption notice that is suspended and issue a further positive exemption notice to the person; or

(g)the chief executive has received an eligibility application about the person and the application has not been withdrawn; or

(h)the chief executive has issued an eligibility declaration to the person and the eligibility declaration has not expired; or

(i)the chief executive has issued a negative notice or negative exemption notice to the person and—

(i)the person has made an application under section 309(3) or 354 that has not been decided; or

(ii)an appeal to an entity has been made in relation to an application under section 309(3) or 354 and the appeal has not been decided.

311Chief executive may ask police commissioner for information

(1)The chief executive may ask the police commissioner for information, or for access to the police commissioner’s records, to enable the chief executive to learn what, if any, police information exists in relation to the person.

(2)For subsection (1), the chief executive’s request may include the following information—

(a)the person’s name and any other name that the chief executive believes the person may use or may have used;

(b)the person’s gender and date and place of birth;

(c)the person’s address;

(d)if the person is currently the holder of a prescribed notice—any number or date relevant to the prescribed notice or any positive notice blue card relating to the notice;

(e)if the person is currently the holder of an exemption notice—any number or date relevant to the exemption notice;

(f)if the request relates to a person employed in regulated employment—whether or not the person carries out the work as a volunteer;

(g)the basis on which the chief executive may request information about the person, including, for example, by referencing the relevant provision of section 310.

(3)If there is police information about the person, the chief executive may ask the police commissioner for—

(a)a brief description of the circumstances of a conviction, charge or investigative information mentioned in the police information; or

(b)a section 93A transcript relating to an offence mentioned in the police information.

(4)If the chief executive decides that information requested under subsection (1) or (3) about the person is no longer required, the chief executive must tell the police commissioner not to provide the information.

312Police commissioner to comply with request

(1)The police commissioner must comply with a request under section 311(1) or (3) unless the police commissioner is, under section 311(4), told not to provide the information.

(2)However, the duty imposed on the police commissioner to comply with the request applies only to information in the police commissioner’s possession or to which the police commissioner has access.

(3)The police commissioner need not disclose investigative information about a person to the chief executive under this division if the police commissioner is reasonably satisfied that giving the information may do any of the following—

(a)prejudice the investigation of a contravention or possible contravention of the law in a particular case;

(b)enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained;

(c)prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law;

(d)endanger a person’s life or physical safety.

(4)To remove any doubt, it is declared that, despite the Youth Justice Act 1992, part 9, the police commissioner may disclose information to which that part applies to the chief executive for complying with a request under section 311(1) or (3).

313Information to be given about relevant disqualified person

If the police commissioner gives the chief executive information under section 312 about a person who is or has been a relevant disqualified person, the information must include the following information about the person—

(a)that the person is or has been a relevant disqualified person;

(b)if the person is or has been subject to a disqualification order—the duration and details of the disqualification order;

(c)if the person is or has been subject to an offender prohibition order—

(i)a brief description of the conduct that gave rise to the order; and

(ii)the duration and details of the order, including whether it is or was a temporary offender prohibition order or a final offender prohibition order.

314Information to be given about person subject of application for disqualification order or offender prohibition order

If the police commissioner gives the chief executive information under section 312 about a person who is or has been the subject of an application for a disqualification order, or named as the respondent for an application for an offender prohibition order, and the order was not made, the information must include the following information about the person—

(a)that the person is or has been the subject of an application for a disqualification order or named as the respondent for an application for an offender prohibition order and the order was not made;

(b)the reasons why the application was made;

(c)the reasons why the order was not made;

(d)if the application was for an offender prohibition order and the magistrate or court hearing the application decided not to make an offender prohibition disqualification order for the person—the reasons why the offender prohibition disqualification order was not made.

315Police commissioner to notify person about investigative information given about the person

If the police commissioner gives investigative information about a person to the chief executive under this division, the police commissioner must give notice, in the approved form, to the person that—

(a)the police commissioner has decided that information about the person is investigative information; and

(b)investigative information has been given to the chief executive.

316Use of information given to police commissioner

(1)Information given to the police commissioner under this division must not be accessed or disclosed for any purpose except for a purpose under this chapter or any other purpose relevant to law enforcement.

(2)Information given to the police commissioner under this division must not be used for any purpose except if—

(a)for information other than information about a withdrawal—the use is for a purpose under this chapter or for any other purpose relating to child protection; or

(b)for information about a withdrawal—the use is for a purpose under this chapter.

(3)However, subsections (1) and (2) do not apply to information the police commissioner obtained before the chief executive gave the information to the police commissioner under this section.

(4)In this section—

withdrawal means withdrawal of any of the following—

(a)a prescribed notice application;

(b)an exemption notice application;

(c)a person’s consent to employment screening under this chapter;

(d)an eligibility application.

317Notice of change in police information about a person

(1)This section applies if, for a person in relation to whom any of the following happens (the relevant event), the police commissioner reasonably suspects the person is a person mentioned in section 310(a) to (i)—

(a)the person’s criminal history changes;

(b)the police commissioner decides, under section 305, that information about the person is investigative information (regardless of when the act or omission relevant to the investigative information happened or is alleged to have happened);

(c)the person becomes, or is no longer, a relevant disqualified person;

(d)the person is named as the respondent for an application for an offender prohibition order.

(2)For a relevant event mentioned in subsection (1)(a) or (b), the police commissioner may notify the chief executive of the following—

(a)that the relevant event has happened;

(b)if subsection (1)(a) applies because the person has been charged with or convicted of an offence—

(i)the offence the person has been charged with or convicted of; and

(ii)the particulars of the offence; and

(iii)the date of the charge or conviction.

(3)For a relevant event mentioned in subsection (1)(c) or (d), the police commissioner must notify the chief executive of the following—

(a)that the relevant event has happened;

(b)if subsection (1)(c) applies because the person has become a relevant disqualified person—the information mentioned in section 313;

(c)if subsection (1)(d) applies—the information mentioned in section 314 in relation to the offender prohibition order.

(4)A notice given under subsection (2) or (3) must state the following—

(a)the person’s name and any other name that the police commissioner believes the person may use or may have used;

(b)the person’s gender and date and place of birth.

(5)The chief executive may confirm the police commissioner’s suspicions under subsection (1).

(6)However, the duty imposed on the police commissioner to provide information to the chief executive under this section applies only to information in the police commissioner’s possession or to which the police commissioner has access.

(7)If the person is a person mentioned in section 323(1), 324(1) or 325(1), the chief executive, on receiving notice under subsection (2) or (3), may write to the person to inform the person of the person’s obligations under sections 323(2), 324(2) or 325(2).

Note—

Sections 323 to 325 impose obligations on particular persons to notify particular entities of changes in police information.

(8)For a person who does not have a criminal history, there is taken to be a change in the person’s criminal history if the person acquires a criminal history.

(9)To remove any doubt, it is declared that, despite the Youth Justice Act 1992, part 9, the police commissioner may disclose information to which that part applies to the chief executive under this section.

318Obtaining information from director of public prosecutions

(1)This section applies to a person mentioned in section 310.

(2)If the chief executive becomes aware that the person has been charged with or convicted of an offence, the chief executive may, by written notice, ask the director of public prosecutions for the following—

(a)a written statement briefly describing the circumstances of a charge or conviction for the offence;

(b)a copy or written summary of evidentiary material about the offence;

(c)if a charge for the offence was not proceeded with—a written summary of the reasons why the charge was not proceeded with.

(3)The chief executive’s request may include the following information—

(a)the person’s name and any other name the chief executive believes the person may use or have used;

(b)the person’s gender and date and place of birth.

(4)The director of public prosecutions may comply with a request under subsection (2) if the director reasonably believes the statement, copy or summary may help the chief executive in making an employment-screening decision about the person.

(5)However, the director of public prosecutions must not give the chief executive a copy or written summary of evidentiary material about the offence that relates only to a person other than the person about whom the request is made.

Example of evidentiary material for subsection (5)—

a report by an expert about a person other than the person about whom the request is made.

(6)The director of public prosecutions must not give information, or a document containing information, to the chief executive under this section if the director is reasonably satisfied that giving the information may do any of the following—

(a)prejudice the investigation of a contravention or possible contravention of the law in a particular case;

(b)enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained;

(c)prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law;

(d)prejudice a prosecution or another matter before a court;

(e)endanger a person’s life or physical safety.

(7)The giving of information, or a document containing information, under this section by the director of public prosecutions is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information.

Note—

See sections 384 and 385 for restrictions on disclosing or giving access to information or documents obtained under this Act.

(8)Without limiting subsection (7), this section applies despite the Director of Public Prosecutions Act 1984, section 24A.

(9)In this section—

evidentiary material, about an offence, means material compiled in the course of the investigation or prosecution of the offence, including, for example, the following—

(a)a summary of the circumstances of the alleged offence prepared by a police officer;

Examples—

bench charge sheet, QP9

(b)a witness statement;

(c)an indictment;

(d)a record of an interview or a transcript of a record of an interview, including a section 93A transcript;

(e)a report by an expert about the person alleged to have committed the offence.

319Obtaining information from chief executive (corrective services)

(1)The chief executive (corrective services) must give the chief executive written notice of each person who is or becomes subject to a sexual offender order.

(2)The written notice must state the following—

(a)the person’s name;

(b)that the person is subject to a sexual offender order;

(c)any other information the chief executive (corrective services) reasonably considers is necessary for the chief executive to perform a function or exercise a power under this chapter.

(3)The chief executive (corrective services) and the chief executive may enter into a written arrangement by which written notices are given under subsection (1).

(4)Without limiting subsection (3), the arrangement may provide for the written notices to be given electronically.

(5)However, if written notices under subsection (1) are to be given electronically and, under an Act, there is a limitation on who may access the information mentioned in the notices or the purposes for which that information may be used, the arrangement must provide for the limitation.

(6)The disclosure of information by the chief executive (corrective services) under this section is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information.

Note—

See sections 384 and 385 for restrictions on disclosing or giving access to information or documents obtained under this Act.

(7)In this section—

chief executive (corrective services) means the chief executive of the department in which the Corrective Services Act 2006 is administered.

320Requesting further information about interstate convictions and charges

(1)This section applies if police information about a person obtained under division 2 includes—

(a)a conviction of the person for an offence in another State, including an interstate spent conviction of the person; or

(b)an interstate charge against the person.

(2)The chief executive may ask an interstate police commissioner for a brief description of the circumstances of the conviction or charge.

(3)The chief executive’s request may include the following information—

(a)the person’s name and any other name the chief executive believes the person may use or have used;

(b)the person’s gender and date and place of birth.

(4)To remove any doubt, it is declared that this section applies in relation to—

(a)a conviction of a person whether the conviction happened before or after the commencement of this section; and

(b)an interstate charge against a person whether the offence to which the charge relates was committed or alleged to have been committed before or after the commencement of this section.

(5)In this section—

interstate charge, made against a person, means a charge against the person for an offence alleged to have been committed by the person against a law of another State or the Commonwealth.

interstate police commissioner means the commissioner of a police force or service of another State or the Commonwealth.

interstate rehabilitation law means a law applying, or that applied, in another State or the Commonwealth, that provides, or provided, for the same matter as the Criminal Law (Rehabilitation of Offenders) Act 1986.

interstate spent conviction, of a person, means a conviction for an offence committed by the person against a law of another State or the Commonwealth that the person is not required to disclose under an interstate rehabilitation law because—

(a)a rehabilitation period prescribed under that law for the conviction has expired; and

(b)the conviction has not been revived under that law.

321Acquiring police information

For a person in relation to whom police information does not exist, there is taken to be a change in the person’s police information if the person acquires police information.

322Effect of conviction for serious offence

(1)This section applies to a person with a current positive notice or current positive exemption notice if the person is convicted of a serious offence.

Notes—

1See sections 237(1)(b)(ii) and 239 for the chief executive’s power to cancel a positive notice if the holder of the notice is convicted of an offence.

2See sections 295(1)(b)(ii) and 297 for the chief executive’s power to cancel a positive exemption notice if the holder of the notice is convicted of an offence.

(2)The person must immediately return the positive notice or positive exemption notice to the chief executive, unless the person has a reasonable excuse.

Maximum penalty—100 penalty units.

(3)Until and unless a prescribed event happens for the person, the following applies—

(a)if the person is employed in regulated employment, the person must not perform work that is regulated employment;

(b)if the person is not employed in regulated employment, the person must not start regulated employment;

(c)the person must not start or continue carrying out a regulated business.

Maximum penalty—500 penalty units or 5 years imprisonment.

(4)For subsection (3), a prescribed event happens for a person if—

(a)the person gives the person’s positive notice or positive exemption notice to the chief executive under subsection (2), and the chief executive returns the positive notice or positive exemption notice to the person; or

(b)the person is issued a new positive notice or positive exemption notice.

(5)In this section, a reference to a person’s positive notice is taken to include a reference to any positive notice blue card relating to the notice.

323Effect of change in police information about employee

(1)This section applies to a person employed in regulated employment if the person becomes aware that there is a change in the person’s police information.

(2)The person must immediately disclose to the person’s employer that there has been a change in the person’s police information.

Maximum penalty—100 penalty units.

(3)On receiving the disclosure, the person’s employer must not continue to employ the person in regulated employment without notifying the chief executive, in the approved form, of the change in the person’s police information.

Maximum penalty—100 penalty units.

(4)To remove any doubt, it is declared that—

(a)it is not a requirement of subsection (2) that the person give the person’s employer any information about the change other than that a change has happened; and

(b)unless otherwise required under this chapter, it is not a requirement that the employer stop employing the person on receiving the disclosure.

324Person carrying on a regulated business to notify chief executive of change in police information

(1)This section applies to a person carrying on a regulated business if the person becomes aware that there is a change in the person’s police information.

(2)The person must immediately notify the chief executive, in the approved form, of the change in the person’s police information.

Maximum penalty—100 penalty units.

325Effect of change in police information about other persons

(1)This section applies if—

(a)a person has a current positive notice or current positive exemption notice; and

(b)there has been a change in the person’s police information since the notice was issued; and

(c)the person is not employed in regulated employment or carrying on a regulated business; and

(d)the chief executive has not been notified about the change under section 323 or 324.

(2)Before starting regulated employment, the person must notify the person’s proposed employer that there has been a change in the person’s police information since the person’s current positive notice or positive exemption notice was issued.

Maximum penalty—100 penalty units.

(3)On receiving the disclosure, the employer must not employ the person in regulated employment without notifying the chief executive, in the approved form, of the change in police information.

Maximum penalty—100 penalty units.

(4)Before starting to carry on a regulated business, the person must notify the chief executive, in the approved form, of the change in police information.

Maximum penalty—100 penalty units.

326Police commissioner to advise chief executive if person ceases to be police officer

(1)This section applies if—

(a)the police commissioner is aware that—

(i)an exemption notice application has been made about a person; or

(ii)a person holds an exemption notice; and

(b)the person has ceased to be a police officer.

(2)The police commissioner must notify the chief executive that the person is no longer a police officer.

327Effect of person ceasing to be police officer

(1)This section applies to a person who is a police officer employed in regulated employment if the person ceases to be a police officer.

(2)The person must immediately notify the person’s employer in relation to the regulated employment of the person ceasing to be a police officer.

Maximum penalty—10 penalty units.

Note—

See part 4, divisions 3 to 5 for offences about the employment of a person who is not a police officer or registered teacher in regulated employment.

(3)To remove any doubt, it is declared that—

(a)it is not a requirement of subsection (2) that the person give the person’s employer any information about the circumstances of the person ceasing to be a police officer other than that it has happened; and

(b)unless otherwise required under this chapter, it is not a requirement that the employer stop employing the person on receiving the notification.

328Effect of person ceasing to be registered teacher

(1)This section applies to a person who is a registered teacher employed in regulated employment if the person surrenders the person’s registration under the Education (Queensland College of Teachers) Act 2005, section 59.

(2)The person must immediately notify the person’s employer in relation to the regulated employment of the surrender.

Maximum penalty—10 penalty units.

Note—

See part 4, divisions 3 to 5 for offences about the employment of a person who is not a police officer or registered teacher in regulated employment.

(3)To remove any doubt, it is declared that—

(a)it is not a requirement of subsection (2) that the person give the person’s employer any information about the surrender other than that it has happened; and

(b)unless otherwise required under this chapter, it is not a requirement that the employer stop employing the person on receiving the notification.

329Application of div 6

(1)This division applies if—

(a)the chief executive is deciding whether or not there is an exceptional case for a person who has been—

(i)charged with or convicted of a serious offence; or

(ii)charged with or convicted of an offence, other than a serious offence, relating to or involving a child; and

(b)the chief executive reasonably believes it is necessary to consider a report about the person’s mental health prepared under this division for deciding whether or not there is an exceptional case for the person.

(2)For subsection (1)(b), the chief executive may form the reasonable belief only if—

(a)in relation to the charge or conviction mentioned in subsection (1)(a)—

(i)the matter of the person’s mental state relating to the offence has been or was referred to the Mental Health Court or an entity of another State with similar functions to that court; or

(ii)a court has ordered the person to undertake treatment of a psychiatric nature; or

(iii)a court has been given a report about the person’s mental health prepared by a registered health practitioner; or

(b)the chief executive has, under this chapter, been given a report about the person’s mental health prepared by a registered health practitioner.

330Chief executive may request person to undergo examination by registered health practitioner etc.

(1)The chief executive may, by written notice, ask the person—

(a)to undergo an examination by a registered health practitioner nominated by the chief executive, and any further examination required by the health practitioner, so that a report about the person’s mental health can be given to the chief executive under this division; and

(b)to give the chief executive consent to obtain a report about the person’s mental health from the registered health practitioner who conducts the examination.

(2)The notice given under subsection (1) must state the following—

(a)the reasons for the chief executive’s request;

(b)the name and qualifications of the registered health practitioner nominated by the chief executive to conduct the examination;

(c)when and where the examination is to be conducted;

(d)that the health practitioner may require the person to undergo further examinations so that a report about the person’s mental health can be prepared;

(e)that, under section 226, the chief executive must have regard to the report about the person’s mental health prepared under this division in deciding whether or not there is an exceptional case for the person;

(f)that the person may withdraw the person’s consent to employment screening under this chapter or, if the person is an applicant, the person’s application under this chapter;

(g)that, if the person fails to undergo the examination, and any further examination required by the registered health practitioner, or to give the consent mentioned in subsection (1)(b), either—

(i)the person’s consent to employment screening under this chapter or, if the person is an applicant, the person’s application under this chapter may be withdrawn by the chief executive giving the person written notice of the withdrawal; or

(ii)the chief executive may decide whether or not there is an exceptional case for the person in the absence of a report about the person’s mental health.

(3)If the person does not comply with the chief executive’s request under subsection (1), the chief executive may decide whether or not there is an exceptional case for the person in the absence of a report about the person’s mental health.

Note—

See also section 184 (in relation to the withdrawal of an eligibility application), section 206 or 216 (in relation to the withdrawal of a prescribed notice application) or section 267 or 278 (in relation to the withdrawal of an exemption notice application).

331Nominating registered health practitioner to conduct examination

The chief executive may nominate a registered health practitioner to conduct an examination under this division only if the chief executive is reasonably satisfied the health practitioner has the necessary qualifications, expertise or experience to conduct the examination.

332Registered health practitioner obtaining information from Mental Health Court

(1)This section applies if—

(a)the person (charged person) has been charged with, but not convicted of—

(i)a serious offence; or

(ii)an offence, other than a serious offence, relating to or involving a child; and

(b)the matter of the charged person’s mental state relating to the offence has been referred to the Mental Health Court; and

(c)the chief executive is reasonably satisfied that it may be necessary or desirable for a registered health practitioner conducting an examination of the charged person under this division to have regard to information mentioned in subsection (2) for preparing a report about the person’s mental health.

(2)The chief executive may, by written notice, ask the charged person to give the Mental Health Court consent to give the registered health practitioner the following information—

(a)the court’s decision in relation to the reference;

(b)the court’s reasons for its decision;

(c)a copy or written summary of any expert’s report about the person received in evidence by the court, including, for example, a medical report, psychiatrist’s report or expert report that accompanied the reference;

(d)transcripts of a hearing conducted for the reference that the court has directed may be given to a party to the hearing or another person.

(3)The written notice must state the following—

(a)the reasons for the chief executive’s request;

(b)that, if the charged person fails to give the consent, the person’s consent to employment screening under this chapter or, if the person is an applicant, the person’s application under this chapter may be withdrawn by the chief executive giving the person written notice of the withdrawal.

(4)If the charged person gives the consent, the Mental Health Court may give the information mentioned in subsection (2) to the chief executive for giving it to the registered health practitioner.

(5)However, information or documents given under this section must not include—

(a)any record of material given to the court under the Mental Health Act 2016, section 163, or of how the material was taken into account; or

(b)the Mental Health Court’s reasons for taking material mentioned in paragraph (a) into account or not taking the material into account; or

(c)the content of an expert report about a person other than the charged person; or

(d)information about a person other than the charged person the Mental Health Court reasonably considers is not relevant to the registered health practitioner preparing a report about the charged person’s mental health.

(6)Also, the Mental Health Court must not give information, or a document containing information, under this section if the court is reasonably satisfied that giving the information may do any of the following—

(a)prejudice an investigation or a matter before the court;

(b)prejudice the investigation of a contravention or possible contravention of the law in a particular case;

(c)enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained;

(d)prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law;

(e)prejudice a prosecution or another matter before another court;

(f)endanger a person’s life or physical safety;

(g)adversely affect a person’s mental health.

(7)If the chief executive is given information under this section to give to the registered health practitioner, the chief executive—

(a)must give the information to the registered health practitioner as soon as possible; and

(b)must not use the information for any purpose other than giving it to the registered health practitioner.

(8)The giving of information under this section by the Mental Health Court is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information.

Note—

See sections 334, 384 and 385 for restrictions on disclosing or giving access to information or documents obtained under this section.

(9)Without limiting subsection (8)—

(a)information may be given under this section even if the information can not be disclosed to the charged person under a confidentiality order under the Mental Health Act 2016, section 696; and

(b)this section applies in relation to an expert’s report despite the Mental Health Act 2016, section 160.

(10)A decision of the Mental Health Court not to give an expert report about the charged person under this section does not prevent the chief executive applying under the Mental Health Act 2016, section 160(2) for leave of the court to give the report to the registered health practitioner.

333Registered health practitioner obtaining information from Mental Health Review Tribunal

(1)This section applies if—

(a)the person (charged person) has been charged with, but not convicted of—

(i)a serious offence; or

(ii)an offence, other than a serious offence, relating to or involving a child; and

(b)the Mental Health Review Tribunal has reviewed a forensic order to which the person is subject, or the person’s fitness for trial, under the Mental Health Act 2016, chapter 12, part 3, 4 or 6; and

(c)the chief executive is reasonably satisfied that it may be necessary or desirable for the registered health practitioner conducting an examination of the charged person under this division to have regard to information mentioned in subsection (2) for preparing a report about the person’s mental health.

(2)The chief executive may, by written notice, ask the charged person to give the Mental Health Review Tribunal consent to give the registered health practitioner the following information—

(a)the tribunal’s decision on the review;

(b)the tribunal’s reasons for the decision;

(c)a copy or written summary of any expert’s report about the charged person received by the tribunal in the proceeding for the review, including, for example, a report about an examination of the person by a psychiatrist or other person mentioned in the Mental Health Act 2016, section 454;

(d)transcripts of a hearing conducted for the review that the tribunal has directed may be given to a party to the hearing or another person.

(3)The written notice must state the following—

(a)the reasons for the chief executive’s request;

(b)that, if the charged person fails to give the consent, the person’s consent to employment screening under this chapter or, if the person is an applicant, the person’s application under this chapter may be withdrawn by the chief executive giving the person written notice of the withdrawal.

(4)If the person gives the consent, the Mental Health Review Tribunal may give the information mentioned in subsection (2) to the chief executive for giving it to the registered health practitioner.

(5)However, information or documents given under this section must not include—

(a)any record of material given to the tribunal under the Mental Health Act 2016, section 155 or 742, or of how the material was taken into account; or

(b)the Mental Health Review Tribunal’s reasons for taking material mentioned in paragraph (a) into account or not taking the material into account; or

(c)the content of an expert report about a person other than the charged person; or

(d)information about a person other than the charged person the Mental Health Review Tribunal reasonably considers is not relevant to the registered health practitioner preparing a report about the charged person’s mental health.

(6)Also, the Mental Health Review Tribunal must not give information, or a document containing information, under this section if the tribunal is reasonably satisfied that giving the information may do any of the following—

(a)prejudice a matter before the tribunal;

(b)prejudice the investigation of a contravention or possible contravention of the law in a particular case;

(c)enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained;

(d)prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law;

(e)prejudice a prosecution or another matter before a court;

(f)endanger a person’s life or physical safety;

(g)adversely affect a person’s mental health.

(7)If the chief executive is given information under this section to give to a registered health practitioner, the chief executive—

(a)must give the information to the registered health practitioner as soon as possible; and

(b)must not use the information for any purpose other than giving it to the registered health practitioner.

(8)The giving of information under this section by the Mental Health Review Tribunal is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information.

Note—

See sections 334, 384 and 385 for restrictions on disclosing or giving access to information or documents obtained under this section.

(9)Without limiting subsection (8), information may be given under this section even if the information can not be disclosed to the charged person under a confidentiality order under the Mental Health Act 2016, section 722.

334Use of information obtained from Mental Health Court or Mental Health Review Tribunal

(1)This section applies if the chief executive gives a registered health practitioner information or a document about a person given to the chief executive—

(a)by the Mental Health Court under section 332; or

(b)by the Mental Health Review Tribunal under section 333.

(2)The registered health practitioner must not—

(a)make a record of the information or information in the document; or

(b)disclose the information or information in the document to anyone; or

(c)give anyone access to the document; or

(d)include any details of the information, or information in the document, in the report about the person’s mental health prepared under this division.

Maximum penalty—100 penalty units.

335Chief executive may obtain report about person’s mental health from registered health practitioner

(1)This section applies if a person gives the chief executive consent as mentioned in section 330(1)(b) in relation to an examination of the person conducted under this division.

(2)The chief executive may ask the registered health practitioner who conducts the examination to give a report about the person’s mental health to the chief executive, and the registered health practitioner may give the report to the chief executive.

(3)The giving of a report under this section by a registered health practitioner is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the examination.

Note—

See sections 384 and 385 for restrictions on disclosing or giving access to information or documents obtained under this Act.

336Chief executive to bear medical costs

(1)The chief executive must bear the medical costs for obtaining a report from a registered health practitioner under this division.

(2)In this section—

medical costs, for obtaining a report from a registered health practitioner under this division, means amounts charged by the health practitioner to—

(a)conduct an examination for preparing the report; or

(b)prepare the report.

337Chief executive may obtain particular information from Mental Health Court

(1)This section applies if—

(a)the chief executive is deciding whether or not there is an exceptional case for a person (charged person) who has been charged with, but not convicted of—

(i)a serious offence; or

(ii)an offence, other than a serious offence, relating to or involving a child; and

(b)the matter of the charged person’s mental state relating to the offence has been referred to the Mental Health Court; and

(c)the chief executive has the charged person’s consent to obtain information about the person from the Mental Health Court under this section.

(2)The chief executive may ask the Mental Health Court for the following (requested information)—

(a)the court’s decision in relation to the reference;

(b)the court’s reasons for its decision;

(c)a copy or written summary of any expert’s report about the charged person received in evidence by the court, including, for example, a medical report, psychiatrist’s report or expert report that accompanied the reference;

(d)transcripts of a hearing conducted for the reference that the court has directed may be given to a party to the hearing or another person.

(3)The Mental Health Court may comply with the request if the court reasonably considers the requested information may help the chief executive in deciding whether or not there is an exceptional case for the charged person.

(4)However, the information or documents given to the chief executive for complying with the request must not include—

(a)any record of material given to the court under the Mental Health Act 2016, section 163, or of how the material was taken into account; or

(b)the Mental Health Court’s reasons for taking material mentioned in paragraph (a) into account or not taking the material into account; or

(c)information that can not be disclosed to the charged person under a confidentiality order under the Mental Health Act 2016, section 696; or

(d)the content of an expert report about a person other than the charged person; or

(e)information about a person other than the charged person that the Mental Health Court reasonably considers is not relevant to the chief executive deciding whether or not there is an exceptional case for the charged person.

(5)Also, the Mental Health Court must not give information, or a document containing information, to the chief executive under this section if the court is reasonably satisfied that giving the information may do any of the following—

(a)prejudice an investigation or a matter before the court;

(b)prejudice the investigation of a contravention or possible contravention of the law in a particular case;

(c)enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained;

(d)prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law;

(e)prejudice a prosecution or another matter before another court;

(f)endanger a person’s life or physical safety;

(g)adversely affect a person’s mental health.

(6)The giving of information under this section by the Mental Health Court is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information.

Note—

See sections 384 and 385 for restrictions on disclosing or giving access to information or documents obtained under this chapter.

(7)Without limiting subsection (6), this section applies in relation to an expert’s report despite the Mental Health Act 2016, section 160.

(8)A decision of the Mental Health Court not to give the chief executive an expert report about the charged person under this section does not prevent the chief executive applying under the Mental Health Act 2016, section 160(2) for leave of the court to give the report to the chief executive.

338Chief executive may obtain particular information from Mental Health Review Tribunal

(1)This section applies if—

(a)the chief executive is deciding whether or not there is an exceptional case for a person (charged person) who has been charged with, but not convicted of—

(i)a serious offence; or

(ii)an offence, other than a serious offence, relating to or involving a child; and

(b)the Mental Health Review Tribunal has reviewed a forensic order to which the person is subject, or the person’s fitness for trial, under the Mental Health Act 2016, chapter 12, part 3, 4 or 6; and

(c)the chief executive has the charged person’s consent to obtain information about the person from the Mental Health Review Tribunal under this section.

(2)The chief executive may ask the Mental Health Review Tribunal for the following (the requested information)—

(a)the tribunal’s decision on the review;

(b)the tribunal’s reasons for the decision;

(c)a copy or written summary of any expert’s report about the charged person received by the tribunal in the proceeding for the review, including, for example, a report about an examination of the person by a psychiatrist or other person mentioned in the Mental Health Act 2016, section 454;

(d)transcripts of a hearing conducted for the review that the tribunal has directed may be given to a party to the hearing or another person.

(3)The Mental Health Review Tribunal may comply with the request if the tribunal reasonably considers the requested information may help the chief executive in deciding whether or not there is an exceptional case for the charged person.

(4)However, the information or documents given to the chief executive for complying with the request must not include—

(a)any record of material given to the tribunal under the Mental Health Act 2016, section 155 or 742, or of how the material was taken into account; or

(b)the tribunal’s reasons for taking material mentioned in paragraph (a) into account or not taking the material into account; or

(c)information that can not be disclosed to the charged person under a confidentiality order under the Mental Health Act 2016, section 722; or

(d)the content of an expert report about a person other than the charged person; or

(e)information about a person other than the charged person that the Mental Health Review Tribunal reasonably considers is not relevant to the chief executive deciding whether or not there is an exceptional case for the charged person.

(5)Also, the Mental Health Review Tribunal must not give information, or a document containing information, to the chief executive under this section if the tribunal is reasonably satisfied that giving the information may do any of the following—

(a)prejudice a matter before the tribunal;

(b)prejudice the investigation of a contravention or possible contravention of the law in a particular case;

(c)enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained;

(d)prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law;

(e)prejudice a prosecution or another matter before a court;

(f)endanger a person’s life or physical safety;

(g)adversely affect a person’s mental health.

(6)The giving of information under this section by the Mental Health Review Tribunal is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information.

Note—

See sections 384 and 385 for restrictions on disclosing or giving access to information or documents obtained under this chapter.

339Chief executive to give notice to particular entities about a change in police information

(1)This section applies if the chief executive becomes aware that police information about a relevant person has changed.

(2)However, this section does not apply if—

(a)the change is that the relevant person has been charged with or convicted of a disqualifying offence; or

(b)the change is that the relevant person has become a relevant disqualified person; or

(c)the following applies—

(i)the change is that the relevant person has been named as the respondent in an application for an offender prohibition order and the proceeding for the offender prohibition order has not ended;

(ii)a prescribed notice application or exemption notice application about the relevant person has been made and has not been decided.

(3)If the chief executive considers the change in police information may be relevant to child-related employment, the chief executive must give each notifiable person for the person a written notice stating the following—

(a)the relevant person’s name and identifying details;

(b)that the chief executive has received police information about the relevant person that the chief executive considers relevant to child-related employment;

(c)that the chief executive is making a decision under part 4, division 9 or 11 or part 5, division 8 or 10 about the relevant person;

(d)a reminder of the risk management requirements under sections 171 and 172;

(e)an employer may not dismiss the relevant person solely or mainly because the employer is given a notice under this section;

(f)if the change in police information is a change in criminal history, whether it is a charge or conviction and whether or not the charge or conviction is for a serious offence;

(g)if the change in police information is a conviction for a serious offence—

(i)that, under section 194 or 256, it is an offence for an employer to employ, or continue to employ, the relevant person in regulated employment; and

(ii)the effect of section 322.

(4)If the relevant person is the director of a school’s governing body, the chief executive must give written notice as mentioned in subsection (3) to the accreditation board.

(5)An employer may not dismiss the relevant person solely or mainly because the employer is given a notice under subsection (3) or (4).

(6)In this section—

relevant person means—

(a)the holder of a positive notice, other than a positive notice that is suspended under section 240 or 242; or

(b)the holder of a positive exemption notice, other than a positive exemption notice that is suspended under section 298; or

(c)a person about whom a prescribed notice application or exemption notice application has been made, if the application has not been decided or withdrawn.

340Chief executive must give police commissioner a person’s current address

(1)The chief executive must, on written application of the police commissioner, give the police commissioner information about an address for a person if—

(a)the chief executive has an address for the person that is different to the address stated by the police commissioner in the application; and

(b)either of the following applies—

(i)the police commissioner is, under this chapter, required to give a notice to the person;

(ii)the chief executive reasonably believes the giving of the information will help the police commissioner to verify the person’s identity for giving police information to the chief executive under this chapter.

(2)Despite section 316, information given to the police commissioner under this section must not be used, disclosed or accessed for any purpose other than a purpose mentioned in subsection (1)(b).

341Giving other information to police commissioner

(1)The chief executive may give the police commissioner confidential information about a person if the chief executive reasonably believes the giving of the information is necessary for the effective administration of any of the following—

(a)this chapter;

(c)the Offender Reporting Act;

(d)the Police Powers and Responsibilities Act 2000, section 789A.

(2)Section 316 applies to information given under this section.

(3)This section does not limit section 340 or 385.

342Chief executive must give information about particular persons to accreditation board

(1)The chief executive must, if asked in writing by the chairperson of the accreditation board, give the accreditation board the following information about a prescribed person—

(a)whether the prescribed person is the holder of a positive notice, negative notice, positive exemption notice or negative exemption notice;

(b)whether the prescribed person is an applicant under part 4, division 8 or part 5, division 7.

(2)For subsection (1), the chairperson’s request must include the following information—

(a)the prescribed person’s name and any other name that the college believes the person may use or may have used;

(b)the prescribed person’s gender and date and place of birth;

(c)the prescribed person’s address;

(d)any number or date given by the prescribed person about a positive notice the person holds or claims to hold;

(e)if the prescribed person is a director of a school’s governing body—the name of the school’s governing body of which the person is a director.

(3)The chief executive must give the accreditation board notice of the following—

(a)the issue of a negative notice or negative exemption notice to a prescribed person;

(b)the suspension of the positive notice of a prescribed person under section 240 or 242;

(c)the cancellation of a suspended positive notice of a prescribed person, and the issue of a further prescribed notice or an exemption notice in relation to the cancellation, under section 241 or 243;

(d)the cancellation of the positive notice of a prescribed person under section 244;

(e)the positive exemption notice of a prescribed person ceasing to have effect under section 289;

(f)the suspension of the positive exemption notice of a prescribed person under section 298;

(g)the cancellation of a suspended positive exemption notice of a prescribed person, and the issue of a further exemption notice in relation to the cancellation, under section 299;

(h)the cancellation of the positive exemption notice of a prescribed person under section 302;

(i)the withdrawal of an application under part 4, division 8 or part 5, division 7 of a prescribed person.

(4)Also, if a prescribed notice application is made about a prescribed person whom the chief executive is satisfied is a disqualified person, the chief executive must give the accreditation board notice about the chief executive’s decision and that the application is invalid.

(5)In this section—

chairperson see the Education (Accreditation of Non-State Schools) Act 2017, schedule 1.

issue—

(a)in relation to a negative notice—includes substitute a negative notice after cancelling a positive notice; and

(b)in relation to a negative exemption notice—includes substitute a negative exemption notice after cancelling a positive exemption notice or positive notice.

prescribed person means—

(a)a director of a school’s governing body; or

(b)an authorised person under the Education (Accreditation of Non-State Schools) Act 2017.

343Chief executive must give information about particular persons to college of teachers

(1)This section applies if the chief executive—

(a)has, under the Education (Queensland College of Teachers) Act 2005, section 15D, advised the college of teachers that an applicant for registration or permission to teach under that Act holds a positive notice; and

(b)the chief executive reasonably believes the person is still an applicant for registration or permission to teach under that Act.

(2)If the person’s positive notice is suspended or cancelled under part 4, division 11 or expires under section 231, the chief executive must give the college written notice of the suspension, cancellation or expiry.

(3)If, on the cancellation of the person’s positive notice under part 4, division 11, the person is issued a further positive notice or a positive exemption notice, the notice under subsection (2) must state that the person has been issued a further positive notice or positive exemption notice.

(4)If the chief executive becomes aware that police information about the person has changed, other than in a way mentioned in section 339(2), the chief executive must give the college a written notice stating the college may need to have regard to the matters mentioned in the Education (Queensland College of Teachers) Act 2005, section 11(1) for deciding whether the applicant is suitable to teach.

344Chief executive must give information about particular holders to chief executive (disability services)

(1)This section applies if—

(a)the chief executive (disability services) requested information about a person under the Disability Services Act 2006, section 62; and

(b)the person is the holder of, or applicant for, an exemption notice under the Disability Services Act 2006.

(2)If the person’s positive notice is cancelled or suspended under part 4, division 11 or expires under section 231, the chief executive must give the chief executive (disability services) written notice of the cancellation, suspension or expiry.

(3)If, on the cancellation of the person’s positive notice under part 4, division 11, the person is issued a further positive notice or a positive exemption notice, the notice under subsection (2) must state that the person has been issued a further positive notice or a positive exemption notice.

(4)If the chief executive becomes aware that police information about the person has changed, other than in a way mentioned in section 339(2), the chief executive must give the chief executive (disability services) a written notice complying with section 339(3) about the change.

345Use of information obtained under this chapter about a person

(1)The chief executive must not use information obtained under this chapter about a person, other than for the purposes of this chapter or a report under section 395.

(2)However, the chief executive may use information about a person who is, or seeks to be, employed in the department for deciding whether to obtain information about the person under section 357P.

346Guidelines for dealing with information

(1)The chief executive must make guidelines, consistent with this Act, for dealing with information obtained by the chief executive under this chapter.

(2)The purpose of the guidelines is to ensure—

(a)natural justice is afforded to the persons about whom the information is obtained; and

(b)only relevant information is used in making employment-screening decisions; and

(c)employment-screening decisions, based on the information, are made consistently.

(3)The chief executive must give a copy of the guidelines to a person on request.

347Replacement of lost or stolen notice or card

(1)If a person’s current positive notice, positive notice blue card or positive exemption notice, is lost or stolen, the person must, within 14 days after the loss or theft—

(a)give the chief executive written notice of the loss or theft; and

(b)if the person has a current positive notice and a positive notice blue card and only the notice is lost or stolen, or only the card is lost or stolen, return the card or the notice that is not lost or stolen to the chief executive; and

(c)either—

(i)apply for a replacement notice or card; or

(ii)ask the chief executive to cancel the person’s positive notice under section 244, or cancel the person’s positive exemption notice under section 302.

Maximum penalty—10 penalty units.

(2)An application under subsection (1)(c)(i) must be in the approved form and accompanied by the prescribed fee.

(3)The chief executive must—

(a)cancel—

(i)for a lost or stolen positive notice—the lost or stolen notice and any positive notice blue card issued for it; or

(ii)for a lost or stolen positive notice blue card—the lost or stolen card and the positive notice for which it was issued; or

(iii)for a lost or stolen positive exemption notice—the lost or stolen notice; and

(b)if the person makes an application under subsection (1)(c)(i)—issue to the person—

(i)for a lost positive notice or positive notice blue card—a replacement positive notice and, if the person had a positive notice blue card for the person’s previous positive notice, a replacement positive notice blue card; or

(ii)for a lost or stolen positive exemption notice—a replacement positive exemption notice.

(4)If the person’s lost or stolen notice or card is returned to, or otherwise recovered by, the person after the application for a replacement notice or card is made, within 14 days after receiving a replacement notice or card the person must give the replaced notice or card to the chief executive.

Maximum penalty—10 penalty units.

(5)The chief executive must give written notice to the police commissioner about the fact that a current positive notice, positive notice blue card or positive exemption notice has been lost or stolen.

348Replacement notice if change of name or contact details

(1)This section applies if the holder of a positive notice or positive exemption notice, or the holder of a negative notice or negative exemption notice who has applied for its cancellation, does any of the following (each of which is a relevant change)—

(a)changes a name the holder has previously given to the chief executive;

(b)starts to use a different name to the name or names the holder has previously given to the chief executive;

(c)changes contact details previously given to the chief executive.

(2)The holder must give notice, in the approved form, to the chief executive about the relevant change within 14 days after the relevant change.

Maximum penalty—10 penalty units.

(3)If the chief executive considers it is appropriate to do so, the chief executive may issue to the holder—

(a)for the holder of a positive notice—a replacement positive notice and, if the holder also has a positive notice blue card, a replacement positive notice blue card; or

(b)for the holder of a positive exemption notice—a replacement positive exemption notice.

(4)If the chief executive issues to the holder a replacement positive notice, positive notice blue card or positive exemption notice, the holder must return the replaced notice or card to the chief executive within 14 days after receiving the replacement notice or card.

Maximum penalty—10 penalty units.

(5)The chief executive must cancel the previously held positive notice, positive notice blue card or positive exemption notice if the chief executive has issued a replacement notice or card.

349Replacement notice if change in employment etc. details generally

(1)This section applies if any of the following (each of which is a relevant change) happens in relation to the holder of a positive notice or positive exemption notice that is not suspended —

(a)the holder ends or changes the holder’s employment;

(b)the holder stops carrying on a regulated business;

(c)the holder starts carrying on a regulated business other than a regulated business in relation to which the positive notice was issued.

(2)However, this section does not apply if—

(a)the holder of a positive notice is or was, during the term of the positive notice—

(i)employed in regulated employment as a volunteer; or

(ii)carrying on a regulated business other than for financial reward; and

(b)a relevant change within the meaning of section 350(7) happens for the holder.

Note—

See section 350 in relation to the holder of a positive notice to whom circumstances mentioned in this subsection apply.

(3)The holder must, within 14 days after the relevant change give notice, in the approved form, to the chief executive about the relevant change.

Maximum penalty—10 penalty units.

(4)The chief executive may issue to the holder—

(a)for the holder of a positive notice—a replacement positive notice and, if the holder also has a positive notice blue card, a replacement positive notice blue card; or

(b)for the holder of a positive exemption notice—a replacement positive exemption notice.

(5)If the chief executive issues to the holder a replacement positive notice, positive notice blue card or positive exemption notice, the holder must return the replaced notice or card to the chief executive within 14 days after receiving the replacement notice or card.

Maximum penalty—10 penalty units.

(6)The chief executive must cancel the previously held positive notice, positive notice blue card or positive exemption notice if the chief executive has issued a replacement notice or card.

350New notice if relevant change happens for volunteer or person carrying on business other than for financial reward

(1)This section applies if—

(a)the holder of a positive notice that is not suspended is or was, during the term of the positive notice—

(i)employed in regulated employment as a volunteer; or

(ii)carrying on a regulated business other than for financial reward; and

(b)a relevant change happens for the holder.

(2)The holder must, within 14 days after the relevant change give notice, in the approved form, to the chief executive about the relevant change.

Maximum penalty—10 penalty units.

(3)The chief executive must issue to the holder a new positive notice and, if the holder also has a positive notice blue card, a new positive notice blue card if—

(a)under subsection (7), the notice under subsection (2) is accompanied by the prescribed application fee; and

(b)either—

(i)the chief executive is not aware of any change in disciplinary information or police information about the person since the chief executive last made an employment-screening decision about the person; or

(ii)the chief executive—

(A)is aware of a change in disciplinary information or police information about the person since the chief executive last made an employment-screening decision about the person; and

(B)after considering the change, decides not to suspend or cancel the person’s positive notice.

(4)Despite subsection (3), the chief executive is not required to issue the new positive notice or new positive notice blue card if the chief executive is deciding whether to cancel the positive notice under section 237(1)(a), unless the chief executive decides not to cancel the positive notice.

(5)If the chief executive issues to the holder a new positive notice or positive notice blue card, the holder must return the person’s previously held notice or card to the chief executive within 14 days after receiving the new notice or card.

Maximum penalty—10 penalty units.

(6)The chief executive must cancel the previously held positive notice or positive notice blue card if the chief executive has issued a new prescribed notice or an exemption notice.

(7)The notice under subsection (2) must be accompanied by the prescribed application fee if the application for the positive notice was made on the basis the holder was—

(a)employed, or to be employed, in regulated employment as a volunteer; or

(b)carrying on, or proposing to carry on, a business other than for financial reward.

(8)In this section—

prescribed application fee means—

(a)

for a notice given under subsection (2) for a relevant change mentioned in the definition relevant change, paragraph (a)—the prescribed fee for a prescribed notice application about a person employed in regulated employment other than as a volunteer; or

(b)

for a notice given under subsection (2) for a relevant change mentioned in the definition relevant change, paragraph (b)—the prescribed fee for a prescribed notice application about a person carrying on a regulated business for financial reward.

relevant change, for the holder of a positive notice, means the holder—

(a)becomes employed in regulated employment other than as a volunteer; or

(b)starts carrying on a regulated business for financial reward.

351False or misleading disclosure

A person must not—

(a)give another person who is proposing to employ the person in regulated employment information for this chapter that is false or misleading in a material particular; or

(b)state anything to the chief executive for this chapter that the person knows is false or misleading in a material particular.

Maximum penalty—100 penalty units or 2 years imprisonment.

352False or misleading documents

(1)A person must not give the chief executive a document for this chapter containing information the person knows is false or misleading in a material particular.

Maximum penalty—100 penalty units or 2 years imprisonment.

(2)Subsection (1) does not apply to a person if the person, when giving the document—

(a)tells the chief executive, to the best of the person’s ability, how it is false or misleading; and

(b)if the person has, or can reasonably obtain, the correct information—gives the correct information.

353Definitions for div 3

In this division—

chapter 8 reviewable decision, about a person, means—

(a)a decision of the chief executive as to whether or not there is an exceptional case for the person if, because of the decision, the chief executive—

(i)issued a negative notice or negative exemption notice to the person; or

(ii)refused to cancel a negative notice or negative exemption notice issued to the person; or

(b)a decision of the chief executive that the person has been charged with a disqualifying offence if—

(i)because of the decision—

(A)the positive notice held by the person was suspended under section 240; or

(B)the positive exemption notice held by the person was suspended under section 298; and

(ii)the person claims he or she has not been charged with the disqualifying offence; and

(iii)the person has applied for a cancellation of the suspension under section 241 or 299 and that application has been refused; or

(c)a decision of the chief executive that the person’s registration under the Education (Queensland College of Teachers) Act 2005 has been suspended under section 49 of that Act if—

(i)because of the decision, the positive notice held by the person was suspended under section 242; and

(ii)the person claims he or she is not the person whose registration under the Education (Queensland College of Teachers) Act 2005 has been suspended under section 49 of that Act; and

(iii)the person has applied for a cancellation of the suspension under section 243 and that application has been refused; or

(d)a relevant disqualified person decision about the person if—

(i)because of the decision, the chief executive issued a negative notice or negative exemption notice to the person; and

(ii)the person claims he or she is not the person the subject of the conviction, reporting obligations or order in relation to which the decision was made; and

(iii)the person has applied for a cancellation of the person’s negative notice under section 236, or a cancellation of the person’s negative exemption notice under section 294, and that application has been refused.

issue—

(a)in relation to a negative notice—includes substitute a negative notice after cancelling a positive notice; and

(b)in relation to a negative exemption notice—includes substitute a negative exemption notice after cancelling a positive exemption notice or positive notice.

prescribed period, for a review of a chapter 8 reviewable decision about a person, means 28 days after the person is given notice of the following—

(a)

for a chapter 8 reviewable decision mentioned in definition chapter 8 reviewable decision, paragraph (a)—the decision;

(b)

for a chapter 8 reviewable decision mentioned in definition chapter 8 reviewable decision, paragraph (b) relating to a suspended positive notice—the decision on the application under section 241 about the suspension;

(c)

for a chapter 8 reviewable decision mentioned in definition chapter 8 reviewable decision, paragraph (b) relating to a suspended positive exemption notice—the decision on the application under section 299 about the suspension;

(d)

for a chapter 8 reviewable decision mentioned in definition chapter 8 reviewable decision, paragraph (c)—the decision on the application under section 243 about the suspension;

(e)

for a chapter 8 reviewable decision mentioned in definition chapter 8 reviewable decision, paragraph (d) relating to a negative notice—the decision on the application under section 236 about the negative notice;

(f)

for a chapter 8 reviewable decision mentioned in definition chapter 8 reviewable decision, paragraph (d) relating to a negative exemption notice—the decision on the application under section 294 about the negative exemption notice.

relevant disqualified person decision, for a person, means—

(a)a decision of the chief executive that the person has been or is convicted of a disqualifying offence for which an imprisonment order was or is imposed; or

(b)a decision of the chief executive that the person is subject to—

(i)offender reporting obligations; or

(ii)a final offender prohibition order; or

(iii)a disqualification order; or

(iv)a final sexual offender order.

354Person may apply for review of chapter 8 reviewable decision

(1)A person who is not a disqualified person may apply, within the prescribed period and as otherwise provided under the QCAT Act, to QCAT for a review of a chapter 8 reviewable decision.

(2)If a person applies under subsection (1) to have a chapter 8 reviewable decision reviewed, QCAT may not—

(a)stay the operation of the decision; or

(b)grant an injunction in the proceeding for the review.

(3)To remove any doubt, it is declared that there is no review or appeal under this Act in relation to a decision of the chief executive to issue, or refuse to cancel, a negative notice or negative exemption notice about a person other than because of a chapter 8 reviewable decision.

Note—

There is also no review or appeal in relation to a decision of the chief executive to refuse an eligibility application (see section 180(7)).

(4)This section does not limit section 307.

354A Stay of operation of particular decisions on application for review

(1)This section applies to a decision of QCAT, on an application for a review of a chapter 8 reviewable decision under section 354, to set aside an exceptional case decision.

(2)QCAT’s decision does not take effect until—

(a)the end of the period within which an appeal against QCAT’s decision may be started; or

(b)if an appeal against QCAT’s decision is started—the appeal is decided or withdrawn.

(3)This section applies despite the QCAT Act, sections 145 and 152.

(4)In this section—

exceptional case decision means a decision of the chief executive as to whether or not there is an exceptional case for a person if, because of the decision, the chief executive—

(a)issued a negative notice to the person; or

(b)refused to cancel the person’s negative notice.

355Effect of applicant for a review becoming a disqualified person

(1)This section applies if a disqualified person made an application under section 354 before the person became a disqualified person.

(2)The application and any proceeding in relation to the application must be dismissed—

(a)if a proceeding in relation to the application is before a court—by the court; or

(b)otherwise—by QCAT, even if the dismissal would be contrary to a direction of the Court of Appeal.

(3)Any appeal by the person from a decision of QCAT on the application must be dismissed.

356Compliance with requirement to end, or not start, a person’s regulated employment

(1)This section applies if it would be a contravention of a provision of this chapter for a person (the employer) to employ, or continue to employ, another person (the employee) in regulated employment.

(2)The employer must comply with the provision despite another Act or law or any industrial award or agreement.

(3)The employer does not incur any liability because, in compliance with the provision, the employer does not employ, or continue to employ, the employee in regulated employment.

(4)A person whose positive notice is suspended under section 240 or 242, or whose positive exemption notice is suspended under section 298, may be employed in employment that is not regulated employment.

357Disqualification order

(1)This section applies if a person is convicted of—

(a)a disqualifying offence and the court that convicts the person does not impose an imprisonment order for the offence; or

(b)another serious offence committed in relation to, or otherwise involving, a child.

(2)The court may, on application by the prosecutor or on its own initiative, make an order (a disqualification order) in relation to the person stating that—

(a)the person may not hold a positive notice or positive exemption notice, or apply for a prescribed notice or exemption notice, for a stated period; or

(b)the person may never hold a positive notice or positive exemption notice or apply for a prescribed notice or exemption notice.

(3)However, the court may make a disqualification order under subsection (2)(a) or (b) only if the court considers it would not be in the interests of children for the chief executive to issue a positive notice or positive exemption notice to the person.

(4)The person against whom the disqualification order is made may appeal against the court’s decision under subsection (2) in the same way the person may appeal against the conviction.

(5)In this section—

Crown prosecutor includes—

(a)the Attorney-General; and

(b)the director of public prosecutions; and

(c)another person, other than a police officer, appearing for the State.

prosecutor means—

(a)in the context of a proceeding before, or an application to, a Magistrates Court or a Childrens Court—

(i)a police officer; or

(ii)a service legal officer within the meaning of the Police Service Administration Act 1990, section 10.24; or

(iii)a Crown prosecutor; or

(b)otherwise—a Crown prosecutor.