Working with Children (Risk Management and Screening) Act 2000

An Act to establish a scheme requiring the development and implementation of risk management strategies, and the screening of persons employed in particular employment or carrying on particular businesses, to promote and protect the rights, interests and wellbeing of children in Queensland

Long title amd 2004 No. 13s 31; 2014 No. 28s 49

ch 1 hdg (prev pt 1 hdg) sub 2010 No. 5s 56(3)sch 2 amdt 1

ch 1 pt 3 hdg (prev pt 1 div 3 hdg) sub 2010 No. 5s 56(3)sch 2 amdt 1

om 2014 No. 28s 52

ch 1 pt 4 hdg (prev pt 1 div 4 hdg) ins 2004 No. 13s 37

sub 2010 No. 5s 56(3)sch 2 amdt 1

om 2014 No. 28s 52

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om 2010 No. 5s 58

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ch 1 pt 6 div 4 hdg sub 2004 No. 49s 30

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ch 1 pt 6 div 4A hdg ins 2008 No. 18s 29

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ch 1 pt 8 div 1 hdg om 2010 No. 5s 56(3)sch 2 amdt 1

ch 1 pt 1 hdg prev ch 1 pt 1 hdg (prev pt 1 div 1 hdg) sub 2010 No. 5s 56(3)sch 2 amdt 1

om 2014 No. 28s 50

pres ch 1 pt 1 hdg ins 2019 No. 18s 4

1Short title

This Act may be cited as the Working with Children (Risk Management and Screening) Act 2000.

s 1 amd 2004 No. 13s 32

sub 2014 No. 28s 51

2Commencement

This Act commences on a day to be fixed by proclamation.

4Act binds all persons

(1)This Act binds all persons including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and all the other States.

(2)Subsection (1) does not make the State, the Commonwealth or another State liable for an offence.

5Object of Act

The object of this Act is to promote and protect the rights, interests and wellbeing of children and young people in Queensland through a scheme requiring—

(a)the development and implementation of risk management strategies; and

(b)the screening of persons employed in particular employment or carrying on particular businesses.

s 5 amd 2004 No. 13s 34

sub 2014 No. 28s 52

6Principles for administering this Act

This Act is to be administered under the following principles—

(a)the welfare and best interests of a child are paramount;

(b)every child is entitled to be cared for in a way that protects the child from harm and promotes the child’s wellbeing.

s 6 amd 2004 No. 13s 35

sub 2014 No. 28s 52

7Act applies despite the Criminal Law (Rehabilitation of Offenders) Act 1986

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

s 7 prev s 7 sub 2014 No. 28s 52

om 2016 No. 43s 56

pres s 7 ins 2019 No. 18s 5

8Chief executive’s main functions

The chief executive’s main functions under this Act are—

(a)to administer the scheme under chapter 8 for screening—

(i)persons employed, or proposed to be employed, in certain child-related employment; and

(ii)persons carrying on, or proposing to carry on, certain child-related businesses; and

(b)to audit or monitor compliance with that chapter; and

(c)to establish a register of regulated persons who provide home-based care services to children.

s 8 (prev s 7A) ins 2004 No. 13s 36

amd 2004 No. 36s 38; 2010 No. 5s 56(3)sch 2 amdts 3–4

renum 2010 No. 5s 56(3)sch 2 amdt 68

sub 2014 No. 28s 52

amd 2019 No. 18s 6

ch 1 pt 2 hdg prev ch 1 pt 2 hdg (prev pt 1 div 2 hdg) sub 2010 No. 5s 56(3)sch 2 amdt 1

om 2014 No. 28s 52

pres ch 1 pt 2 hdg ins 2019 No. 18s 7

9Dictionary

The dictionary in schedule 7 defines particular words used in this Act.

s 9 prev s 9 (prev s 8) renum 2010 No. 5s 56(3)sch 2 amdt 68

om 2014 No. 28s 52

pres s 9 (prev s 3) amd 2010 No. 5s 56(3)sch 2 amdt 2

reloc and renum 2019 No. 18s 8

10What is employment

(1)For this Act, 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 11.

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.

s 10 prev s 10 (prev s 9) renum 2010 No. 5s 56(3)sch 2 amdt 68

om 2014 No. 28s 52

pres s 10 (prev s 161) ins 2010 No. 5s 58

reloc and renum 2019 No. 18s 15

amd 2019 No. 18s 86(1)sch 1

11What 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 10 is an education provider; and

(b)the other person mentioned in section 10 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 10, 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 there is no express agreement between the person and the trainee student for the trainee student to carry out the work.

s 11 prev s 11 (prev s 10) renum 2010 No. 5s 56(3)sch 2 amdt 68

om 2014 No. 28s 52

pres s 11 (prev s 162) ins 2010 No. 5s 58

amd 2019 No. 18s 12

reloc and renum 2019 No. 18s 15

12Matters 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 Act, 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 Act—

(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).

s 12 prev s 12 (prev s 11) renum 2010 No. 5s 56(3)sch 2 amdt 68

om 2014 No. 28s 52

pres s 12 (prev s 164) ins 2010 No. 5s 58

reloc and renum 2019 No. 18s 15

amd 2019 No. 18s 86(1)sch 1

13Who 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.

s 13 prev s 13 (prev s 11A) ins 2004 No. 13s 37

renum 2010 No. 5s 56(3)sch 2 amdt 68

om 2014 No. 28s 52

pres s 13 (prev s 165) ins 2010 No. 5s 58

reloc and renum 2019 No. 18s 15

14Executive 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 Act 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.

s 14 prev s 14 (prev s 12) sub 2004 No. 13s 39

renum 2010 No. 5s 56(3)sch 2 amdt 68

om 2014 No. 28s 53

pres s 14 (prev s 166) ins 2010 No. 5s 58

reloc and renum 2019 No. 18s 15

amd 2019 No. 18s 86(1)sch 1

15What 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.

s 15 prev s 15 (prev s 13) renum 2010 No. 5s 56(3)sch 2 amdt 68

om 2014 No. 28s 53

pres s 15 (prev s 167) ins 2010 No. 5s 58

amd 2014 No. 34s 35sch 1

reloc and renum 2019 No. 18s 15

16What 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.

s 16 prev s 16 (prev s 14) amd 2001 No. 69s 378sch 1; 2009 No. 9s 136sch 1

renum 2010 No. 5s 56(3)sch 2 amdt 68

om 2014 No. 28s 53

pres s 16 (prev s 168) ins 2010 No. 5s 58

reloc and renum 2019 No. 18s 15

17Who 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.

s 17 prev s 17 (prev s 15) amd 2004 No. 13s 40; 2004 No. 49s 4; 2004 No. 36s 39; 2010 No. 5s 56(3)sch 2 amdts 5–10

renum 2010 No. 5s 56(3)sch 2 amdt 68

om 2014 No. 28s 53

pres s 17 (prev s 169) ins 2010 No. 5s 58

amd 2014 No. 28s 55; 2019 No. 18s 13

reloc and renum 2019 No. 18s 15

18Who 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.

s 18 prev s 18 (prev s 15AA) ins 2004 No. 36s 40

amd 2010 No. 5s 56(3)sch 2 amdts 11–12

renum 2010 No. 5s 56(3)sch 2 amdt 68

amd 2012 No. 5s 230sch 1pt 2

om 2014 No. 28s 53

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om 2014 No. 28s 54

pres ch 7 hdg (prev ch 8 hdg) (orig pt 6 hdg) sub 2004 No. 49s 5l; 2010 No. 5s 58

amd 2019 No. 18s 9(1)

renum 2019 No. 18s 9(2)

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156Regulated employment

(1)Employment is regulated employment if it is employment of a type that is stated to be regulated employment in schedule 1, part 1.

(2)However, employment is not regulated employment if—

(a)it is of a type of employment that schedule 1, part 1 states is not regulated employment; or

(b)schedule 1, part 3 states that this chapter does not apply to the employment.

(3)Also, the unpaid employment of a child is not regulated employment unless 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.

(4)Further, the employment of a person is not regulated employment if the person is employed to work, and works, in the employment for not more than 7 days in a calendar year.

s 156 ins 2010 No. 5s 58

amd 2010 No. 33s 98

sub 2019 No. 18s 10

157Regulated businesses

(1)A business is a regulated business if it is a type of business that is stated to be a regulated business in schedule 1, part 2.

(2)However, a business is not a regulated business if schedule 1, part 3 states that this chapter does not apply to the carrying on of the business.

s 157 ins 2010 No. 5s 58

sub 2019 No. 18s 10

158Declaration relating to exemption to category of regulated employment

(1)This section applies if, under a section of schedule 1, part 1, the employment of a person is regulated employment.

(2)The employment is regulated employment even if—

(a)another section of schedule 1, part 1 expressly provides that employment of the person is not regulated employment; or

(b)a section of schedule 1, part 2 expressly provides that a business carried on by the person is not a regulated business.

s 158 ins 2010 No. 5s 58

amd 2019 No. 18s 86(1)sch 1

159Declaration relating to exemption to category of regulated business

(1)This section applies if, under a section of schedule 1, part 2, a business carried on by a person is a regulated business.

(2)The business is a regulated business even if—

(a)another section of schedule 1, part 2 expressly provides that a business carried on by the person is not a regulated business; or

(b)a section of schedule 1, part 1 expressly provides that employment of the person is not regulated employment.

Example—

If a person carries on a business that includes private tutoring of children at a school, the person is carrying on a regulated business under schedule 1, section 17 even if employment of the person is not regulated employment under schedule 1, section 3 because the person is an approved teacher.

s 159 ins 2010 No. 5s 58

ch 7 pt 3 hdg ins 2010 No. 5s 58

171Risk management strategies about persons employed in regulated employment

(1)A person who employs someone else in employment that is regulated employment must, for each year, develop and implement a written strategy about the person’s employees in regulated employment that—

(a)implements employment practices and procedures to promote the wellbeing of a child affected by the regulated employment and to protect the child from harm; and

(b)includes the matters prescribed under a regulation.

Maximum penalty—20 penalty units.

(2)In this section—

employees in regulated employment, for a person, includes each of the following whom the person employs in regulated employment—

(a)persons who made a working with children check (exemption) application;

(b)persons who hold a working with children authority;

(c)persons who are not required to hold a working with children authority;

(d)persons about whom the person is notified under section 339.

s 171 ins 2010 No. 5s 58

amd 2019 No. 18s 86(1)sch 1

172Risk management strategies about regulated businesses

A person who carries on a regulated business must, for each year, develop and implement a written strategy about the regulated business that—

(a)implements employment practices and procedures to promote the wellbeing of a child affected by the regulated business and to protect the child from harm; and

(b)includes the matters prescribed under a regulation.

Maximum penalty—20 penalty units.

s 172 ins 2010 No. 5s 58

ch 7 pt 4 hdg ins 2010 No. 5s 58

sub 2019 No. 18s 17

ch 7 pt 4 div 1 hdg ins 2010 No. 5s 58

sub 2019 No. 18s 17

173Requirements for employer giving notice about employing person

(1)Before giving a notice mentioned in section 175(1)(b) or 176C(1)(b) about the employment or proposed employment of a person, an employer must take reasonable steps to verify the person’s identity.

Examples of reasonable steps—

•the employer views the person’s working with children card that includes the person’s photograph

•the employer views the person’s driver licence that includes the person’s photograph

(2)The employer must give the notice in the approved form and in an approved way.

s 173 ins 2010 No. 5s 58

sub 2019 No. 18s 17

ch 7 pt 4 div 2 hdg ins 2019 No. 18s 17

174Application of division

This division does not apply in relation to the employment of a person, or the carrying on of a business by a person, who is a police officer or registered teacher.

s 174 ins 2010 No. 5s 58

sub 2019 No. 18s 17

175Clearance required to employ person in regulated employment

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

(a)the employee holds a working with children clearance; and

(b)the employer has given the chief executive a notice, under section 173, about employing the employee in regulated employment.

Maximum penalty—

(a)if an aggravating circumstance applies to the offence—200 penalty units or 2 years imprisonment; or

(b)otherwise—100 penalty units.

(2)It is an aggravating circumstance for an offence against subsection (1) if—

(a)the employee holds a negative notice and the employer knows, or ought reasonably to know, the employee holds the negative notice; or

(b)the chief executive has given the employer a notice under chapter 8, part 5A that states the employee’s working with children authority has been cancelled; or

(c)the chief executive has given the employer a withdrawal notice for a working with children check application made by the employee because section 199 applies; or

(d)the employee holds a disability exclusion or interstate NDIS exclusion and the employer knows, or ought reasonably to know, the employee holds the disability exclusion or interstate NDIS exclusion.

s 175 ins 2010 No. 5s 58

amd 2014 No. 28s 55

sub 2019 No. 18s 17

amd 2020 No. 39s 31

176Employing person with suspended clearance prohibited

A person (the employer) must not employ another person (the employee) to start in regulated employment if—

(a)the employee holds a working with children clearance that is suspended; and

(b)the employer knows, or ought reasonably to know, the employee’s clearance is suspended.

Maximum penalty—200 penalty units or 2 years imprisonment.

s 176 ins 2010 No. 5s 58

amd 2010 No. 33s 99; 2014 No. 28s 55

sub 2019 No. 18s 17

176A Person prohibited from regulated employment without clearance

(1)A person must not start or continue in regulated employment unless the person holds a working with children clearance.

Maximum penalty—

(a)if an aggravating circumstance applies to the offence—500 penalty units or 5 years imprisonment; or

(b)otherwise—100 penalty units.

(2)It is an aggravating circumstance for an offence against subsection (1) if the person—

(a)holds a negative notice; or

(b)is a disqualified person; or

(c)held a working with children authority that was cancelled on the person’s request under chapter 8, part 5A, division 4; or

(d)made a working with children check application and the application was withdrawn because section 199 applies; or

(e)holds a disability exclusion or interstate NDIS exclusion.

(3)However, if the person’s working with children clearance was cancelled under chapter 8, part 5A, a court may not find the person contravened subsection (1) unless the court is satisfied the person was given written notice about the cancellation.

(4)Also, if the person was issued a disability exclusion or interstate NDIS exclusion because a disability clearance or interstate NDIS clearance issued to the person was cancelled, a court may not find that the aggravating circumstance mentioned in subsection (2)(e) applies to the person unless the court is satisfied the person was given written notice about—

(a)the issue of the disability exclusion or interstate NDIS exclusion; or

(b)the cancellation of the disability clearance or interstate NDIS clearance.

s 176A ins 2019 No. 18s 17

amd 2020 No. 39s 32

176B Clearance required to carry on regulated business

A person must not carry on a regulated business unless the person holds a working with children clearance.

Maximum penalty—500 penalty units or 5 years imprisonment.

Note—

Under section 14, particular executive officers of a corporation that carries on a regulated business are taken to carry on the regulated business.

s 176B ins 2019 No. 18s 17

ch 7 pt 4 div 3 hdg ins 2019 No. 18s 17

176C Exemption required to employ police officer or registered teacher in regulated employment

(1)A person (the employer) must not employ, or continue to employ, a police officer or registered teacher (the employee) in regulated employment unless—

(a)either—

(i)the employee holds a working with children authority; or

(ii)the employee has made a working with children check (exemption) application and the application has not been decided or withdrawn; and

(b)the employer has given the chief executive a notice, under section 173, about employing the employee in regulated employment.

Maximum penalty—

(a)if an aggravating circumstance applies to the offence—200 penalty units or 2 years imprisonment; or

(b)otherwise—100 penalty units.

(2)It is an aggravating circumstance for an offence against subsection (1) if—

(a)the employee holds a negative notice and the employer knows, or ought reasonably to know, the employee holds the negative notice; or

(b)the chief executive has given the employer a notice under chapter 8, part 5A that states the employee’s working with children authority has been cancelled; or

(c)the chief executive has given the employer a withdrawal notice for a working with children check application made by the person because section 199 applies; or

(d)the employee holds a disability exclusion or interstate NDIS exclusion and the employer knows, or ought reasonably to know, the employee holds the disability exclusion or interstate NDIS exclusion.

s 176C ins 2019 No. 18s 17

amd 2020 No. 39s 33

176D Employing police officer or registered teacher with suspended authority prohibited

A person (the employer) must not employ a police officer or registered teacher (the employee) to start in regulated employment if—

(a)the employee holds a working with children authority that is suspended; and

(b)the employer knows, or ought reasonably to know, the employee’s authority is suspended.

Maximum penalty—200 penalty units or 2 years imprisonment.

s 176D ins 2019 No. 18s 17

176E Police officer or registered teacher prohibited from regulated employment without exemption

(1)A person who is a police officer or registered teacher must not start or continue in regulated employment unless—

(a)the person holds a working with children authority; or

(b)the person has made a working with children check (exemption) application and the application has not been decided or withdrawn.

Maximum penalty—

(a)if an aggravating circumstance applies to the offence—500 penalty units or 5 years imprisonment; or

(b)otherwise—100 penalty units.

(2)It is an aggravating circumstance for an offence against subsection (1) if the person—

(a)holds a negative notice; or

(b)for a person mentioned in subsection (1)(b)—is a disqualified person; or

(c)held a working with children authority that was cancelled on the person’s request under chapter 8, part 5A, division 4; or

(d)made a working with children check application that was withdrawn because section 199 applies; or

(e)holds a disability exclusion or interstate NDIS exclusion.

(3)However, if the person’s working with children authority was cancelled under chapter 8, part 5A, a court may not find the person contravened subsection (1) unless the court is satisfied the person was given written notice about the cancellation.

(4)Also, if the person was issued a disability exclusion or interstate NDIS exclusion because a disability clearance or interstate NDIS clearance issued to the person was cancelled, a court may not find that the aggravating circumstance mentioned in subsection (2)(e) applies to the person unless the court is satisfied the person was given written notice about—

(a)the issue of the disability exclusion or interstate NDIS exclusion; or

(b)the cancellation of the disability clearance or interstate NDIS clearance.

s 176E ins 2019 No. 18s 17

amd 2020 No. 39s 34

176F Exemption required for regulated employment if previous application withdrawn

(1)This section applies if a person who is a police officer or registered teacher makes a working with children check (exemption) application that is withdrawn because section 196 or 199 applies.

(2)The person must not start or continue in regulated employment unless the person holds a working with children authority.

Maximum penalty—

(a)if the withdrawal notice is given because section 199 applies—500 penalty units or 5 years imprisonment; or

(b)otherwise—100 penalty units or 1 year’s imprisonment.

(3)Despite section 176E, subsection (2) applies even if the person makes another working with children check (exemption) application.

s 176F ins 2019 No. 18s 17

176G Exemption required for police officer or registered teacher to carry on regulated business

A person who is a police officer or registered teacher must not carry on a regulated business unless—

(a)the person holds a working with children authority; or

(b)the person has made a working with children check (exemption) application and the application has not been decided or withdrawn.

Maximum penalty—500 penalty units or 5 years imprisonment.

Note—

Under section 14, particular executive officers of a corporation that carries on a regulated business are taken to carry on the regulated business.

s 176G ins 2019 No. 18s 17

ch 7 pt 4 div 4 hdg ins 2019 No. 18s 17

176H Definitions for division

In this division—

restricted employment means employment that is not regulated employment under—

(a)section 156(3) or (4); or

(b)schedule 1, part 1, section 3(2)(b), 4(4), 4A(2), 5(2), 6A(3)(a) or (b) or 11(2)(b).

restricted person means a person who—

(a)holds a negative notice; or

(b)holds a working with children authority that is suspended; or

(c)is a disqualified person and does not hold a working with children authority; or

Note—

See chapter 8, part 1, division 2 and sections 223 and 285 for circumstances in which a disqualified person may be issued a working with children authority.

(d)has been charged with a disqualifying offence the proceeding for which has not ended.

s 176H ins 2019 No. 18s 17

amd 2020 No. 39s 35

176I Employing restricted person in restricted employment prohibited

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

(a)the employee is a restricted person; and

(b)the employer knows, or ought reasonably to know, the employee is a restricted person.

Maximum penalty—200 penalty units or 2 years imprisonment.

s 176I ins 2019 No. 18s 17

176J Restricted person prohibited from starting or continuing in restricted employment

(1)A restricted person must not start or continue in restricted employment.

Maximum penalty—500 penalty units or 5 years imprisonment.

(2)However—

(a)if the person is a restricted person because the person holds a negative notice that was issued under chapter 8, part 5A when the person’s working with children authority was cancelled—a court may not find the person contravened subsection (1) unless the court is satisfied the person was given written notice about the issue of the negative notice; and

(b)if the person is a restricted person because the person’s working with children authority is suspended under chapter 8, part 5A—a court may not find the person contravened subsection (1) unless the court is satisfied the person was given written notice about the suspension.

s 176J ins 2019 No. 18s 17

ch 8 hdg ins 2019 No. 18s 18

ch 8 pt 1 hdg ins 2019 No. 18s 18

ch 8 pt 1 div 1 hdg prev ch 8 pt 1 div 1 hdg ins 2010 No. 5s 58

om 2014 No. 28s 57

pres ch 8 pt 1 div 1 hdg ins 2019 No. 18s 19

176K Application by disqualified person prohibited

A disqualified person must not make a working with children check application.

Maximum penalty—500 penalty units or 5 years imprisonment.

s 176K ins 2019 No. 18s 19

176L Application by negative notice holder prohibited

(1)A person who holds a negative notice must not make a working with children check application.

Maximum penalty—500 penalty units or 5 years imprisonment.

(2)However, if the person’s negative notice was issued under part 5A when the person’s working with children authority was cancelled, a court may not find the person contravened subsection (1) unless the court is satisfied the person was given written notice about the issue of the negative notice.

s 176L ins 2019 No. 18s 19

ch 8 pt 1 div 2 hdg prev ch 8 pt 1 div 2 hdg ins 2010 No. 5s 58

om 2014 No. 28s 57A

pres ch 8 pt 1 div 2 hdg ins 2010 No. 5s 58

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 to make a working with children check application.

s 177 ins 2010 No. 5s 58

amd 2014 No. 28s 55; 2019 No. 18s 20

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)made in the approved form and in an approved way; and

(b)signed by the applicant; and

(c)accompanied by the prescribed fee.

(4)The approved form must provide for the application to provide proof of the applicant’s identity.

s 178 ins 2010 No. 5s 58

amd 2010 No. 33s 100; 2014 No. 28s 55; 2019 No. 18s 21

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.

s 179 ins 2010 No. 5s 58

amd 2014 No. 28s 55

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 working with children check application and, for that purpose—

(a)if the person is a police officer or registered teacher—part 5, division 8 applies; or

(b)otherwise—part 4, division 9 applies.

(3)The division mentioned in subsection (2) applies as if—

(a)a reference in the division to a working with children check application were a reference to an eligibility application; and

(b)a reference in the division to issuing a working with children authority were a reference to issuing an eligibility declaration; and

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

(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, the person may make a working with children check application;

(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.

s 180 ins 2010 No. 5s 58

amd 2013 No. 14s 54sch; 2014 No. 28ss 55, 57B; 2019 No. 18s 22

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 working with children authority to the person; or

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

(c)decides not to cancel the person’s working with children authority under section 300.

s 181 ins 2010 No. 5s 58

amd 2014 No. 28s 55; 2019 No. 18s 23

182Chief executive may request further information

(1)On receiving an eligibility application, the chief executive may give the applicant a notice asking the applicant to give the chief executive, 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.

(2)A request under subsection (1) must state that, if the applicant does not comply with the request within the stated time, the applicant’s application will be withdrawn.

s 182 ins 2010 No. 5s 58

amd 2014 No. 28s 55

sub 2019 No. 18s 24

185When eligibility declaration ends

(1)An eligibility declaration issued to a person remains in force until it ends under subsection (2).

(2)An eligibility declaration issued to a person ends 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

(b)a negative notice is issued to the person; or

(c)a working with children authority held by the person is cancelled.

s 185 ins 2010 No. 5s 58

sub 2019 No. 18s 26

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.

s 186 ins 2010 No. 5s 58

amd 2014 No. 28ss 55, 56

ch 8 pt 2 hdg ins 2019 No. 18s 28

187Who may apply

(1)A person (an applicant) may apply to the chief executive for a working with children check.

(2)A police officer or registered teacher (also an applicant) may apply to the chief executive for a working with children check for an exemption.

s 187 prev s 187 ins 2010 No. 5s 58

om 2019 No. 18s 27

pres s 187 ins 2019 No. 18s 28

187A Application combined with disability worker screening application

(1)A person (an applicant) may combine an application mentioned in section 187(1) or (2) with a disability worker screening application.

(2)An application made under subsection (1) is a combined application.

(3)This chapter applies to a combined application to the extent it is an application mentioned in section 187(1) or (2).

(4)If a combined application is made to the chief executive, the chief executive must give the information in the combined application, to the extent the information relates to the applicant’s disability worker screening application, to the chief executive (disability services).

s 187A ins 2020 No. 39s 36

188Form of application

(1)An application under this part must be—

(a)in the approved form; and

(b)made in an approved way; and

(c)signed by the applicant.

(2)A working with children check (general) application must be accompanied by the prescribed fee for the application, unless section 189 applies to the applicant.

(3)The approved form must provide for the applicant—

(a)to provide proof of the applicant’s identity; and

(b)to consent to employment screening under this chapter; and

(c)if the application is a working with children check (exemption) application—to declare that the applicant is a police officer or a registered teacher.

(4)Also, the approved form must state—

(a)it is an offence for a disqualified person to make a working with children check application; and

(b)a disqualified person may apply for an eligibility declaration which, if issued, will allow the person to make a working with children check application.

s 188 prev s 188 ins 2010 No. 5s 58

amd 2014 No. 28s 55

om 2019 No. 18s 27

pres s 188 ins 2019 No. 18s 28

189No application fee for volunteers

(1)This section applies if the chief executive is satisfied the applicant—

(a)has an agreement with another person (the employer) to be employed in regulated employment as a volunteer by the employer; or

(b)proposes to carry on, or to continue carrying on, a regulated business other than for reward.

(2)The applicant is not required to pay the prescribed fee for the application.

s 189 prev s 189 ins 2010 No. 5s 58

om 2019 No. 18s 27

pres s 189 ins 2019 No. 18s 28

190Chief executive may request further information

(1)On receiving an application under this part, the chief executive may give the applicant a notice asking the applicant to give the chief executive, 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.

(2)A request under subsection (1) must state that, if the applicant does not comply with the request within the stated time, the applicant’s application will be withdrawn.

s 190 prev s 190 ins 2010 No. 5s 58

om 2019 No. 18s 27

pres s 190 ins 2019 No. 18s 28

190A Chief executive may request further information for combined application

(1)This section applies if an applicant made a combined application and the chief executive becomes aware that, under the Disability Services Act 2006—

(a)the applicant’s disability worker screening application has been withdrawn; or

(b)a disability exclusion has been issued to the applicant.

(2)The chief executive may give the applicant a notice asking the applicant to advise the chief executive, within a reasonable stated time, whether or not the applicant wishes to proceed with the working with children check application under this part.

(3)A request under subsection (2) must state that, if the applicant does not comply with the request within the stated time, the applicant’s working with children check application will be withdrawn.

s 190A ins 2020 No. 39s 37

191Working with children authority continues in force pending decision

(1)This section applies if an applicant holds a working with children authority (the current authority).

(2)Despite sections 231(1) and 289(1), the current authority remains in force from the day it would otherwise end until the earliest of the following things happens—

(a)the application is decided or withdrawn;

(b)the current authority is cancelled;

(c)if the application is a working with children check (exemption) application—the applicant stops being a police officer or registered teacher.

s 191 prev s 191 ins 2010 No. 5s 58

om 2019 No. 18s 27

pres s 191 ins 2019 No. 18s 28

192Effect of application by disqualified person

(1)This section applies if the applicant is a disqualified person.

(2)The application has no effect.

(3)The chief executive must give a notice that states the following matters to the applicant and each notifiable person for the applicant—

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

(b)the application has no effect because the applicant is a disqualified person;

(c)it is an offence for the applicant to, or to allow the applicant to, start or continue in regulated employment, or restricted employment, or for the applicant to carry on a regulated business.

s 192 prev s 192 ins 2010 No. 5s 58

amd 2014 No. 28s 55

om 2019 No. 18s 27

pres s 192 ins 2019 No. 18s 28

193Effect of application by negative notice holder

(1)This section applies if the applicant holds a negative notice.

(2)The application has no effect.

(3)The chief executive must give a notice that states the following matters to the applicant and each notifiable person for the applicant—

(a)the application has no effect because the applicant holds a negative notice;

(b)the day the negative notice was issued.

(4)If the negative notice was issued to the applicant because the applicant is a relevant disqualified person, a notice given to the chief executive (child safety) under subsection (3) must also state the provision of the Act under which the negative notice was issued.

s 193 prev s 193 ins 2010 No. 5s 58

amd 2014 No. 28s 55

om 2019 No. 18s 27

pres s 193 ins 2019 No. 18s 28

193A Effect of interim bar imposed by chief executive (disability services)

(1)This section applies if—

(a)the applicant has also made a disability worker screening application, regardless of whether the applicant made a combined application; and

(b)the chief executive is aware that the chief executive (disability services) has imposed an interim bar on the applicant under the Disability Services Act 2006, section 82.

(2)The chief executive is not required to decide the applicant’s working with children check application until the chief executive becomes aware that the interim bar is no longer in effect.

(3)If the chief executive defers deciding the working with children check application under subsection (2), the chief executive must give the applicant a written notice about the deferral.

s 193A ins 2020 No. 39s 38

ch 8 pt 3 hdg ins 2019 No. 18s 28

194Application of part

This part applies to—

(a)a working with children check application; and

(b)an eligibility application.

s 194 prev s 194 ins 2010 No. 5s 58

amd 2014 No. 28s 55

om 2019 No. 18s 27

pres s 194 ins 2019 No. 18s 28

195Notice of withdrawal

(1)The chief executive withdraws an application by giving the applicant a notice (a withdrawal notice) that states the application is withdrawn.

(2)The chief executive must give a withdrawal notice to the applicant if, before the application is decided—

(a)the applicant withdraws the application under section 196; or

(b)the chief executive is permitted or required, under this part, to withdraw the application.

(3)If the application is a working with children check application, the chief executive must also give a withdrawal notice to each notifiable person for the applicant.

(4)A withdrawal notice must state the reason for the withdrawal.

s 195 prev s 195 ins 2010 No. 5s 58

om 2019 No. 18s 27

pres s 195 ins 2019 No. 18s 28

196Withdrawal by applicant

(1)The applicant may withdraw an application at any time before it is decided.

(2)The applicant withdraws the application by giving the chief executive notice about the withdrawal.

(3)The notice may be given orally or in writing.

s 196 prev s 196 ins 2010 No. 5s 58

om 2019 No. 18s 27

pres s 196 ins 2019 No. 18s 28

196A Withdrawal of combined application

(1)This section applies if the applicant made a combined application.

(2)The applicant may combine a notice withdrawing the applicant’s working with children check application under section 196 with a request to withdraw the applicant’s disability worker screening application.

Note—

The request may be made orally or in writing. See—

(a)section 196(3); and

(b)the Disability Services Act 2006, section 75(2).

(3)A request made under subsection (2) is a combined withdrawal request.

(4)This part applies to a combined withdrawal request to the extent it is a notice under section 196.

(5)If a combined withdrawal request is made to the chief executive, the chief executive must give a notice about the combined withdrawal request to the chief executive (disability services).

s 196A ins 2020 No. 39s 39

197Deemed withdrawal—identity can not be established

The chief executive must withdraw an application if—

(a)the chief executive gives the applicant a notice under section 182(1)(a) or 190(1)(a) asking the applicant to provide information to establish the applicant’s identity within a stated time; and

(b)the notice includes the warning mentioned in section 182(2) or 190(2); and

(c)the applicant does not comply with the request; and

(d)the chief executive can not establish the applicant’s identity with certainty.

s 197 prev s 197 ins 2010 No. 5s 58

om 2019 No. 18s 27

pres s 197 ins 2019 No. 18s 28

198Deemed withdrawal—failure to comply with particular requests

The chief executive may withdraw an application if—

(a)the chief executive gives the applicant—

(i)a notice under section 182(1)(b), 190(1)(b) or 190A(2) asking the applicant to provide stated information; or

(ii)a notice under section 330, 332, 333, 337 or 338 asking the applicant to give the consent, or take the other action, stated in the notice; and

(b)the notice includes a warning that, if the applicant does not comply with the notice, the application will be withdrawn; and

(c)the person does not comply with the notice.

s 198 prev s 198 ins 2010 No. 5s 58

om 2019 No. 18s 27

pres s 198 ins 2019 No. 18s 28

amd 2020 No. 39s 40

199Deemed withdrawal—applicant charged with serious offence or disqualifying offence etc.

(1)The chief executive must withdraw a working with children check application if the applicant is charged with a serious offence or disqualifying offence.

(2)A withdrawal notice given under section 195 because this section applies must state that—

(a)for a notice given to the applicant—it is an offence for the applicant to start or continue in restricted employment; or

(b)for a notice given to a notifiable person for the applicant—it is an offence to employ, or continue to employ, the applicant in restricted employment.

s 199 prev s 199 ins 2010 No. 5s 58

amd 2014 No. 28s 55

om 2019 No. 18s 27

pres s 199 ins 2019 No. 18s 28

200Deemed withdrawal—applicant no longer police officer or registered teacher

(1)The chief executive must withdraw a working with children check (exemption) application made by a police officer if the applicant or the police commissioner gives the chief executive a written notice that states the applicant is no longer a police officer.

(2)The chief executive must withdraw a working with children check (exemption) application made by a registered teacher if the applicant or the college of teachers gives the chief executive a written notice that states the applicant is no longer a registered teacher.

s 200 prev s 200 ins 2010 No. 5s 58

amd 2010 No. 33s 101

om 2019 No. 18s 27

pres s 200 ins 2019 No. 18s 28

ch 8 pt 4 hdg ins 2019 No. 18s 29

ch 8 pt 4 div 9 hdg ins 2010 No. 5s 58

amd 2019 No. 18s 30

219Application of division

This division applies if a person made a working with children check (general) application and the application has not been withdrawn.

s 219 ins 2010 No. 5s 58

sub 2019 No. 18s 31

220Deciding application—generally

(1)The chief executive must decide to approve or refuse the application under this division.

(2)If the chief executive approves the application, the chief executive must issue a written notice that states the application is approved (a working with children clearance) to the person.

(3)If the chief executive refuses the application, the chief executive must issue a written notice that states the application is refused (a negative notice) to the person.

s 220 ins 2010 No. 5s 58

amd 2014 No. 28s 55

sub 2019 No. 18s 31

221Deciding application—no conviction or conviction etc. for non-serious offence

(1)Subject to subsection (2), the chief executive must issue a working with children clearance 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 chapter 7, part 4, division 4 and sections 199, 295(1) and 296.

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

(d)the chief executive is aware of other information about the person that the chief executive reasonably believes is relevant to deciding whether it would be in the best interests of children for the chief executive to issue a working with children clearance to the person.

(2)If subsection (1)(b), (c) or (d) 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 working with children clearance, the chief executive must issue a negative notice to the person.

s 221 ins 2010 No. 5s 58

amd 2014 No. 28s 55; 2019 No. 18s 86(1)sch 1; 2020 No. 39s 41

222Deciding application—previous holder of working with children exemption

(1)Subject to subsection (2), the chief executive must issue a working with children clearance to the person if—

(a)the person was the holder of a working with children exemption 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 working with children exemption 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 working with children clearance, the chief executive must issue a negative notice to the person.

s 222 ins 2010 No. 5s 58

amd 2014 No. 28s 55; 2019 No. 18s 86(1)sch 1

223Deciding application—negative notice cancelled or holder of eligibility declaration

(1)This section applies if—

(a)the chief executive has, under section 304I, cancelled a negative notice issued to the person; or

(b)an eligibility declaration is in force for the person.

(2)If the chief executive is not aware of any new assessable information about the person, the chief executive must issue a working with children clearance to the person.

(3)Subject to subsection (4), if the chief executive is aware of new assessable information about the person, 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 working with children clearance, the chief executive must issue a working with children clearance to the person.

(5)In this section—

new assessable information, about a person, means information about the person that—

(a)is, police information, disciplinary information or other information that the chief executive reasonably believes is relevant to deciding whether it would be in the best interests of children for the chief executive to issue a working with children clearance to the person; and

(b)was not known to the chief executive when the chief executive took the action mentioned in subsection (1)(a) or (b).

s 223 ins 2010 No. 5s 58

amd 2014 No. 28s 55; 2019 No. 18s 86(1)sch 1; 2020 No. 39s 42