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Queensland
Child Protection Reform
Amendment Bill 2014
Queensland
Child Protection Reform Amendment
Bill 2014
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Part 2 Amendment of Child Protection Act 1999
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
4 Amendment of s 7 (Chief executive's functions). . . . . . . . . . . . . . 11
5 Amendment of s 10 (Who is a child in need of protection). . . . . . 11
6 Insertion of new ch 2, pt 1AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Part 1AA Informing the chief executive about harm or
risk of harm to children
Division 1 General
13A Action by persons generally . . . . . . . . . . . . . . . . . . . . 11
13B Action by relevant persons under other provisions. . . 12
13C Considerations when forming a reasonable suspicion
about harm to a child . . . . . . . . . . . . . . . . . . . . . . . . . 12
13D Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . 13
Division 2 Mandatory reporting by particular persons
13E Mandatory reporting by persons engaged in particular
work ................................ 13
13F Mandatory reporting relating to children in
departmental or licensed care services . . . . . . . . . . . 14
13G Report to the chief executive . . . . . . . . . . . . . . . . . . . 15
13H Conferrals with colleague and related information
sharing .............................. 16
13I Reporting obligation arises when reportable suspicion
is formed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
13J Particular reports to be given to public guardian . . . . 17
7 Amendment of s 14 (Investigation of alleged harm) . . . . . . . . . . . 17
Child Protection Reform Amendment Bill 2014
Contents
8 Amendment, renumbering and relocation of s 22 (Protection from
liability for notification of, or information given about, alleged harm
or risk of harm) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
9 Amendment of s 126 (Restrictions on granting application) . . . . . 19
10 Amendment of s 129A (Licensee's obligations) . . . . . . . . . . . . . . 19
11 Amendment of s 139 (Authority may be suspended or cancelled) 19
12 Amendment of s 140AB (Definitions for sdiv 3) . . . . . . . . . . . . . . 19
13 Amendment of s 140A (Chief executive to give particular
information to children's commissioner) . . . . . . . . . . . . . . . . . . . . 20
14 Amendment of s 141H (Nominee for licence). . . . . . . . . . . . . . . . 20
15 Amendment of s 141I (Director of licensee) . . . . . . . . . . . . . . . . . 20
16 Amendment and omission of s 148 (Obligation to report harm to
children in departmental and licensed care services) . . . . . . . . . 20
17 Amendment of s 148A (Chief executive to notify children's
commissioner about particular persons) . . . . . . . . . . . . . . . . . . . 21
18 Amendment of s 148B (Obtaining particular information from
children's commissioner) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
19 Amendment of ch 4, pt 3, hdg (Application of Commissioner's Act) 21
20 Amendment of s 148C (Application to licensed care service) . . . 22
21 Amendment of s 148D (Pending application for prescribed notice) 22
22 Amendment of s 159C (What is relevant information) . . . . . . . . . 22
23 Amendment of s 159D (Other definitions for ch 5A). . . . . . . . . . . 22
24 Amendment of s 159O (Release of information by a health services
designated person). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
25 Amendment of s 186 (Confidentiality of notifiers of harm or risk
of harm) ...................................... 23
26 Amendment of s 197 (Protection from liability). . . . . . . . . . . . . . . 23
27 Amendment of ch 7A, hdg (Child deaths) . . . . . . . . . . . . . . . . . . 23
28 Insertion of new ch 7A, pt 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . 23
Part 1 Child death and other case reviews
29 Replacement of s 246A (Chief executive to review department's
involvement with particular children) . . . . . . . . . . . . . . . . . . . . . . 24
246AA Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
246A Chief executive to review department's involvement with
particular children . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
30 Amendment of s 246B (Terms of reference and extent of review) 25
31 Amendment of s 246C (Chief executive may seek information from
entities). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
32 Replacement of s 246D (Report to be prepared and given to
CDCRC) ...................................... 26
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Child Protection Reform Amendment Bill 2014
Contents
246D Report to be prepared and given to review panel. . . . 26
246DA Review panel may obtain further information . . . . . . . 27
246DB Review panel to conduct further review . . . . . . . . . . . 27
246DC Report of panel's review . . . . . . . . . . . . . . . . . . . . . . . 28
33 Amendment of s 246E (Protection from liability for giving
information to chief executive) . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
34 Amendment of s 246F (No liability for defamation if report made in
good faith). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
35 Omission of s 246G (Preparation of supplementary report). . . . . 29
36 Amendment of s 246H (Chief executive to give reports to State
Coroner) ...................................... 29
37 Insertion of new ch 7A, pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Part 2 Child Death Case Review Panels
Division 1 Pool of panel members
246HA Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
246HB Minister may obtain criminal history report. . . . . . . . . 31
246HC Term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
246HD Conditions of appointment . . . . . . . . . . . . . . . . . . . . . 31
Division 2 Establishment and operation of panels
246HE Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
246HF Allocation of reviews. . . . . . . . . . . . . . . . . . . . . . . . . . 32
246HG Independence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
246HH Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
246HI Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . 33
246HJ Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
246HK Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . 33
246HL Annual report about review panels . . . . . . . . . . . . . . . 34
38 Omission of ss 248 and 248A . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
39 Insertion of new ch 9, pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Part 9 Transitional provision for Child Protection
Reform Amendment Act 2014
271 Uncompleted child death case reviews . . . . . . . . . . . 35
40 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 36
Part 3 Amendment of Childrens Court Act 1992
41 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
42 Amendment of s 8 (Directions). . . . . . . . . . . . . . . . . . . . . . . . . . . 39
43 Insertion of new s 8A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
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Child Protection Reform Amendment Bill 2014
Contents
8A Leadership of the court . . . . . . . . . . . . . . . . . . . . . . . 40
44 Replacement of s 10 (Functions of president) . . . . . . . . . . . . . . . 40
10 Functions of president . . . . . . . . . . . . . . . . . . . . . . . . 40
45 Omission of s 14A (Term of office) . . . . . . . . . . . . . . . . . . . . . . . . 40
46 Amendment of s 21 (Court sitting times) . . . . . . . . . . . . . . . . . . . 41
47 Insertion of new pt 7, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Division 5 Transitional provision for Child Protection
Reform Amendment Act 2014
38 Term of office of current Childrens Court magistrates 41
Part 4 Amendment of Commission for Children and Young People
and Child Guardian Act 2000
48 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
49 Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
50 Omission of ch 1, pt 1, hdg (Introduction) . . . . . . . . . . . . . . . . . . 42
51 Replacement of s 1 (Short title) . . . . . . . . . . . . . . . . . . . . . . . . . . 42
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
52 Replacement of ch 1, pts 2-4. . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
5 Object of Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
6 Principles for administering this Act . . . . . . . . . . . . . . 43
7 Administration of this Act in the Public Safety Business
Agency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
8 Chief executive's main functions. . . . . . . . . . . . . . . . . 44
53 Omission of chs 2-4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
54 Omission of chs 6 and 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
55 Amendment of ch 8 references to `commissioner' or `Commissioner' 44
56 Amendment of ch 8 references to `commissioner's' . . . . . . . . . . . 45
57 Omission of ss 154 and 155. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
58 Amendment of s 235 (Department to be given particular advice) 45
59 Amendment of s 293 (Department to be given particular advice) 46
60 Amendment of s 345 (Use of information obtained under this
chapter about a person) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
61 Amendment of ch 8A references to `commissioner' or
`Commissioner' ................................. 47
62 Amendment of ch 8A references to `engaged by the commission' 47
63 Amendment of s 357A (Purposes of ch 8A) . . . . . . . . . . . . . . . . . 47
64 Amendment of s 357D (Person seeking to be engaged by
commission must disclose criminal history) . . . . . . . . . . . . . . . . . 47
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Child Protection Reform Amendment Bill 2014
Contents
65 Amendment of s 357E (Person engaged by commission must
disclose changes in criminal history) . . . . . . . . . . . . . . . . . . . . . . 48
66 Omission of ch 8A, pt 4 (Employment screening of persons
engaged, or to be engaged, in child-related duties) . . . . . . . . . . . 48
67 Amendment of s 357O (Application of div 1) . . . . . . . . . . . . . . . . 48
68 Amendment of s 357R (Use of information obtained under this
chapter) ...................................... 48
69 Amendment of s 357T (Guidelines for dealing with information) . 49
70 Amendment of ch 9, pt 2, hdg (QCAT to give statistical information
to commissioner) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
71 Replacement of s 368 (QCAT's principal registrar to give statistical
information to commissioner) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
368 QCAT's principal registrar to give statistical information
to chief executive ....................... 49
72 Amendment of ch 10, pt 2 references to `commissioner' . . . . . . . 50
73 Amendment of s 374 (Commissioner must keep record) . . . . . . . 50
74 Replacement of s 376 (Evidentiary provisions) . . . . . . . . . . . . . . 50
376 Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . 50
75 Amendment of s 377 (Indictable and summary offences) . . . . . . 50
76 Omission of s 382 (Allegations of false or misleading information or
statements). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
77 Amendment of s 384 (Confidentiality of information about criminal
history or related information). . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
78 Amendment of s 385 (Confidentiality of other information) . . . . . 53
79 Omission of s 386 (Disclosure of information about investigations) 54
80 Omission of ch 10, pt 5 (Reprisals) . . . . . . . . . . . . . . . . . . . . . . . 54
81 Amendment of s 393 (Protection from liability). . . . . . . . . . . . . . . 54
82 Omission of s 394 (Whistleblowers' protection) . . . . . . . . . . . . . . 54
83 Amendment of s 395 (Other reports by commissioner) . . . . . . . . 54
84 Omission of s 396 (Annual report by commission). . . . . . . . . . . . 55
85 Amendment of s 397 (Commissioner may enter into arrangement
about giving and receiving information with police commissioner) 55
86 Amendment of s 398 (Commissioner may enter into arrangement
with chief executive (child safety)) . . . . . . . . . . . . . . . . . . . . . . . . 56
87 Replacement of s 399 (Delegation by commissioner or assistant
commissioner) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
399 Delegation by chief executive . . . . . . . . . . . . . . . . . . . 56
88 Amendment of s 400 (Approved forms) . . . . . . . . . . . . . . . . . . . . 56
89 Amendment of s 401 (Regulation-making power) . . . . . . . . . . . . 57
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Child Protection Reform Amendment Bill 2014
Contents
90 Insertion of new ch 11, pt 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Part 17 Transitional provisions for Child Protection
Reform Amendment Act 2014
541 Definitions for pt 17. . . . . . . . . . . . . . . . . . . . . . . . . . . 57
542 Meaning of current . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
543 Office holders and entities under former provisions . . 58
544 Complaints under former ch 4 . . . . . . . . . . . . . . . . . . 59
545 Child death case reviews under former ch 6 . . . . . . . 59
546 Screening under ch 8 or 8A . . . . . . . . . . . . . . . . . . . . 59
547 Current proceedings relating to ch 8 or 8A. . . . . . . . . 60
548 Transitional regulation-making power . . . . . . . . . . . . . 60
91 Amendment of sch 1 (Regulated employment and businesses for
employment screening) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
92 Amendment of sch 7 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 61
Part 5 Amendment of Magistrates Act 1991
93 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
94 Amendment of s 12 (Functions of Chief Magistrate) . . . . . . . . . . 62
Part 6 Amendment of Ombudsman Act 2001
95 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
96 Replacement of s 57B (Report may be given to CDCRC) . . . . . . 64
57B Particular reports may be given to chief executive (child
safety). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
97 Replacement of s 86 (Delegation) . . . . . . . . . . . . . . . . . . . . . . . . 64
86 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
98 Insertion of new pt 12, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
Division 3 Provisions for Child Protection Reform
Amendment Act 2014
105 Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
106 Complaints made to former commissioner . . . . . . . . . 65
107 Complaints made in former commissioner's own name 66
108 Complaints documents. . . . . . . . . . . . . . . . . . . . . . . . 66
109 Current requirements under CCYPCG Act, ch 4 . . . . 66
110 Delegation of power to make a report or
recommendation ....................... 66
99 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 67
Part 7 Amendment of Public Health Act 2005
100 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
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Child Protection Reform Amendment Bill 2014
Contents
101 Amendment of s 7 (How object is mainly achieved) . . . . . . . . . . . 67
102 Amendment of s 186 (Relationship with Child Protection Act 1999) 67
103 Omission of ch 5, pt 3, div 5 (Notification of child abuse and
neglect) ....................................... 68
104 Amendment of s 198 (Designated medical officer must notify
person in charge of facility where child held) . . . . . . . . . . . . . . . . 68
Part 8 Consequential amendments
105 Acts amended in sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
Schedule 1 Amendment of particular Acts . . . . . . . . . . . . . . . . . . . . . . . . . 69
Adoption Act 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
Child Protection (Offender Prohibition Order) Act 2008 . . . . . . . . 70
Child Protection (Offender Reporting) Act 2004. . . . . . . . . . . . . . 71
Community Services Act 2007 . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
Coroners Act 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
Disability Services Act 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
Education (Accreditation of Non-State Schools) Act 2001 . . . . . . 77
Education and Care Services Act 2013 . . . . . . . . . . . . . . . . . . . . 78
Education and Care Services National Law (Queensland) Act 2011 81
Education (General Provisions) Act 2006. . . . . . . . . . . . . . . . . . . 83
Education (Queensland College of Teachers) Act 2005. . . . . . . . 84
Evidence Act 1977 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
Family Responsibilities Commission Act 2008 . . . . . . . . . . . . . . . 89
Grammar Schools Act 1975 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
Parliament of Queensland Act 2001. . . . . . . . . . . . . . . . . . . . . . . 90
Police Powers and Responsibilities Act 2000 . . . . . . . . . . . . . . . . 90
Public Service Act 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
Transport Operations (Passenger Transport) Act 1994 . . . . . . . . 95
Transport Operations (Road Use Management) Act 1995 . . . . . . 98
Youth Justice Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
Page 7
2014
A Bill
for
An Act to amend the Child Protection Act 1999, the Childrens
Court Act 1992, the Commission for Children and Young People
and Child Guardian Act 2000, the Magistrates Act 1991, the
Ombudsman Act 2001 and the Public Health Act 2005 for
particular purposes and to make consequential amendments to
the Acts mentioned in schedule 1
Child Protection Reform Amendment Bill 2014
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Child Protection Reform 4
Amendment Act 2014. 5
Clause 2 Commencement 6
(1) Parts 3 and 5 commence on assent. 7
(2) The remaining provisions of this Act, other than the 8
provisions mentioned in subsection (3), commence on 1 July 9
2014. 10
(3) The following provisions commence on a day, on or after 1 11
July 2014, to be fixed by proclamation-- 12
(a) sections 5, 6, 8, 16(2), 22, 25(1) and 26(1); 13
(b) section 40(2) to the extent it inserts new definitions 14
registered nurse, reportable suspicion, school and 15
teacher; 16
(c) part 7. 17
Part 2 Amendment of Child Protection 18
Act 1999 19
Clause 3 Act amended 20
This part amends the Child Protection Act 1999. 21
Page 10
Child Protection Reform Amendment Bill 2014
Part 2 Amendment of Child Protection Act 1999
[s 4]
Clause 4 Amendment of s 7 (Chief executive's functions) 1
Section 7(1)(p), after `died'-- 2
insert-- 3
or who have suffered serious physical injury 4
Clause 5 Amendment of s 10 (Who is a child in need of protection) 5
Section 10(a)-- 6
omit, insert-- 7
(a) has suffered significant harm, is suffering 8
significant harm, or is at unacceptable risk 9
of suffering significant harm; and 10
Clause 6 Insertion of new ch 2, pt 1AA 11
Chapter 2-- 12
insert-- 13
Part 1AA Informing the chief 14
executive about harm 15
or risk of harm to 16
children 17
Division 1 General 18
13A Action by persons generally 19
(1) Any person may inform the chief executive if the 20
person reasonably suspects-- 21
(a) a child may be in need of protection; or 22
(b) an unborn child may be in need of 23
protection after he or she is born. 24
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Child Protection Reform Amendment Bill 2014
Part 2 Amendment of Child Protection Act 1999
[s 6]
(2) The information given may include anything the 1
person considers relevant to the person's 2
suspicion. 3
13B Action by relevant persons under other 4
provisions 5
(1) Under division 2, if a relevant person has a 6
reportable suspicion about a child, the person is 7
required to report the matter to the chief 8
executive. 9
(2) If a relevant person does not have a reportable 10
suspicion about a child but considers the child is 11
likely to become a child in need of protection if 12
no preventative support is given, the person may 13
take other appropriate action under this Act. 14
(3) For example, if the relevant person is a prescribed 15
entity to which section 159M applies, the person 16
may give information under that section to a 17
service provider so the service provider can offer 18
help and support to the child or child's family to 19
stop the child becoming a child in need of 20
protection. 21
13C Considerations when forming a reasonable 22
suspicion about harm to a child 23
(1) This section applies to a person in forming a 24
reasonable suspicion, for section 13A(1) or 25
division 2, about whether a child has suffered 26
significant harm, is suffering significant harm, or 27
is at unacceptable risk of suffering significant 28
harm. 29
(2) The matters that the person may consider 30
include-- 31
(a) whether there are detrimental effects on the 32
child's body or the child's psychological or 33
emotional state-- 34
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Child Protection Reform Amendment Bill 2014
Part 2 Amendment of Child Protection Act 1999
[s 6]
(i) that are evident to the person; or 1
(ii) that the person considers are likely to 2
become evident in the future; and 3
(b) in relation to any detrimental effects 4
mentioned in paragraph (a)-- 5
(i) their nature and severity; and 6
(ii) the likelihood that they will continue; 7
and 8
(c) the child's age. 9
(3) The person's consideration may be informed by 10
an observation of the child, other knowledge 11
about the child or any other relevant knowledge, 12
training or experience that the person may have. 13
13D Protection from liability 14
Section 197A provides for protection from liability for 15
information given under this part. 16
Division 2 Mandatory reporting by 17
particular persons 18
13E Mandatory reporting by persons engaged in 19
particular work 20
(1) This section applies to a person (a relevant 21
person) who is any of the following -- 22
(a) a doctor; 23
(b) a registered nurse; 24
(c) a teacher; 25
(d) a police officer who, under a direction given 26
by the commissioner of the police service 27
under the Police Service Administration Act 28
Page 13
Child Protection Reform Amendment Bill 2014
Part 2 Amendment of Child Protection Act 1999
[s 6]
1990, is responsible for reporting under this 1
section; 2
(e) a person engaged to perform a child 3
advocate function under the Public 4
Guardian Act 2014. 5
(2) For this section, a reportable suspicion about a 6
child is a reasonable suspicion that the child-- 7
(a) has suffered, is suffering, or is at 8
unacceptable risk of suffering, significant 9
harm caused by physical or sexual abuse; 10
and 11
(b) may not have a parent able and willing to 12
protect the child from the harm. 13
(3) If a relevant person forms a reportable suspicion 14
about a child in the course of the person's 15
engagement as a relevant person, the person must 16
give a written report to the chief executive under 17
section 13G. 18
13F Mandatory reporting relating to children in 19
departmental or licensed care services 20
(1) This section applies to a person (a relevant 21
person) who is any of the following-- 22
(a) an authorised officer; 23
(b) a public service employee employed in the 24
department; 25
(c) a person employed in a departmental care 26
service or licensed care service. 27
(2) For this section, a reportable suspicion about a 28
child in care is a reasonable suspicion that the 29
child has suffered, is suffering, or is at 30
unacceptable risk of suffering, significant harm 31
caused by physical or sexual abuse. 32
Page 14
Child Protection Reform Amendment Bill 2014
Part 2 Amendment of Child Protection Act 1999
[s 6]
(3) If a relevant person forms a reportable suspicion 1
about a child in care, the person must give a 2
written report to the chief executive under section 3
13G. 4
(4) In this section-- 5
child in care means a child placed in the care of 6
an entity conducting a departmental care service 7
or a licensee. 8
13G Report to the chief executive 9
(1) This section applies to a report that a relevant 10
person is required to give under section 13E or 11
13F. 12
(2) The report must-- 13
(a) state the basis on which the person has 14
formed the reportable suspicion; and 15
(b) include the information prescribed by 16
regulation, to the extent of the person's 17
knowledge. 18
(3) The person is not required to give a report about a 19
matter if-- 20
(a) giving the report might tend to incriminate 21
the person; or 22
(b) the person knows, or reasonably supposes, 23
that the chief executive is aware of the 24
matter. 25
(4) A regulation may prescribe the way the report 26
must be given. 27
(5) To remove any doubt, it is declared that a person 28
does not commit an offence against this or 29
another Act only because the person omits to do 30
an act required under section 13E(3) or 13F(3) or 31
this section. 32
Page 15
Child Protection Reform Amendment Bill 2014
Part 2 Amendment of Child Protection Act 1999
[s 6]
13H Conferrals with colleague and related 1
information sharing 2
(1) A relevant person may give information to a 3
colleague, and a colleague may give information 4
to a relevant person, for any of the following 5
purposes-- 6
(a) for the relevant person to form a suspicion 7
about whether a child has suffered, is 8
suffering, or is at unacceptable risk of 9
suffering, significant harm caused by 10
physical or sexual abuse; 11
(b) in the case of a relevant person under section 12
13E--for the relevant person to form a 13
suspicion about whether a child has a parent 14
able and willing to protect the child from 15
harm mentioned in paragraph (a); 16
(c) for the relevant person to give a report under 17
section 13G or keep a record about giving a 18
report; 19
(d) for the relevant person or colleague to take 20
appropriate action to deal with suspected 21
harm or risk of harm to a child. 22
Example for paragraph (d)-- 23
A teacher with a reportable suspicion about a child 24
under section 13E may give information to the principal 25
at the school to enable the principal to take appropriate 26
action to protect the child or other children from risk of 27
harm. 28
(2) In this section-- 29
colleague, of a relevant person, means a person 30
working in or for the same entity as the relevant 31
person. 32
13I Reporting obligation arises when reportable 33
suspicion is formed 34
To remove any doubt, it is declared that-- 35
Page 16
Child Protection Reform Amendment Bill 2014
Part 2 Amendment of Child Protection Act 1999
[s 7]
(a) a relevant person is not required to give a 1
report under section 13G until the person 2
has formed a reportable suspicion about a 3
child; and 4
Example-- 5
After observing injuries on a child's body, a 6
doctor or teacher considers it possible that a 7
parent of the child has physically abused the child 8
or failed to protect the child from physical abuse. 9
After obtaining further information about the 10
family's circumstances, the doctor or teacher 11
forms a reportable suspicion about the child under 12
section 13E. 13
(b) once a relevant person has formed a 14
reportable suspicion about a child, the 15
person must comply with section 13G even 16
though the person is taking, or has taken, 17
other action in relation to the child. 18
13J Particular reports to be given to public 19
guardian 20
As soon as practicable after receiving a report required 21
by section 13F, the chief executive must give a copy to 22
the public guardian to help the public guardian 23
perform the public guardian's child advocate functions 24
under the Public Guardian Act 2014. 25
Clause 7 Amendment of s 14 (Investigation of alleged harm) 26
(1) Section 14, heading, `Investigation'-- 27
omit, insert-- 28
Substantiation 29
(2) Section 14(1)(a)-- 30
omit, insert-- 31
(a) have an authorised officer investigate the 32
allegation, assess whether the alleged harm 33
Page 17
Child Protection Reform Amendment Bill 2014
Part 2 Amendment of Child Protection Act 1999
[s 8]
or risk of harm can be substantiated and, if it 1
can, assess the child's protective needs; or 2
(3) Section 14(1), editor's note-- 3
omit. 4
Clause 8 Amendment, renumbering and relocation of s 22 5
(Protection from liability for notification of, or information 6
given about, alleged harm or risk of harm) 7
(1) Section 22, heading-- 8
omit, insert-- 9
22 Protection from liability for giving information 10
about alleged harm or risk of harm 11
(2) Section 22(1)-- 12
omit, insert-- 13
(1) This section applies if a person, acting honestly 14
and reasonably-- 15
(a) gives information to the chief executive 16
under chapter 2, part 1AA; or 17
(b) otherwise notifies the chief executive or 18
another public service employee employed 19
in the department that the person suspects-- 20
(i) a child has suffered harm, is suffering 21
harm or is at risk of suffering harm; or 22
(ii) an unborn child may be at risk of harm 23
after he or she is born; or 24
(c) otherwise gives the chief executive, an 25
authorised officer or a police officer-- 26
(i) information about alleged harm or 27
alleged risk of harm to a child; or 28
(ii) information, relating to an unborn 29
child, about a suspected risk of harm to 30
the child after he or she is born; or 31
Page 18
Child Protection Reform Amendment Bill 2014
Part 2 Amendment of Child Protection Act 1999
[s 9]
(d) gives information to a relevant person or 1
colleague of a relevant person under section 2
13H. 3
(3) Section 22-- 4
relocate to chapter 6, part 7 and renumber as section 197A. 5
Clause 9 Amendment of s 126 (Restrictions on granting 6
application) 7
Section 126(d), `Commissioner's Act'-- 8
omit, insert-- 9
Working with Children Act 10
Clause 10 Amendment of s 129A (Licensee's obligations) 11
Section 129A(c), `Commissioner's Act'-- 12
omit, insert-- 13
Working with Children Act 14
Clause 11 Amendment of s 139 (Authority may be suspended or 15
cancelled) 16
Section 139(1)(h)(i), `Commissioner's Act'-- 17
omit, insert-- 18
Working with Children Act 19
Clause 12 Amendment of s 140AB (Definitions for sdiv 3) 20
Section 140AB, definitions apply for a review and prescribed 21
provision, `Commissioner's Act'-- 22
omit, insert-- 23
Working with Children Act 24
Page 19
Child Protection Reform Amendment Bill 2014
Part 2 Amendment of Child Protection Act 1999
[s 13]
Clause 13 Amendment of s 140A (Chief executive to give particular 1
information to children's commissioner) 2
(1) Section 140A, `children's commissioner'-- 3
omit, insert-- 4
chief executive (employment screening) 5
(2) Section 140A, `Commissioner's Act'-- 6
omit, insert-- 7
Working with Children Act 8
Clause 14 Amendment of s 141H (Nominee for licence) 9
(1) Section 141H(1)(c), `children's commissioner'-- 10
omit, insert-- 11
chief executive (employment screening) 12
(2) Section 141H(1)(c) and (3)(b), `Commissioner's Act'-- 13
omit, insert-- 14
Working with Children Act 15
Clause 15 Amendment of s 141I (Director of licensee) 16
(1) Section 141I(1)(c), `Commissioner's Act'-- 17
omit, insert-- 18
Working with Children Act 19
(2) Section 141I(1)(c), `children's commissioner'-- 20
omit, insert-- 21
chief executive (employment screening) 22
Clause 16 Amendment and omission of s 148 (Obligation to report 23
harm to children in departmental and licensed care 24
services) 25
(1) Section 148(5)-- 26
Page 20
Child Protection Reform Amendment Bill 2014
Part 2 Amendment of Child Protection Act 1999
[s 17]
omit, insert-- 1
(5) As soon as practicable after receiving a report 2
under this section, the chief executive must give a 3
copy to the public guardian to help the public 4
guardian perform the public guardian's child 5
advocate functions under the Public Guardian 6
Act 2014. 7
(2) Section 148-- 8
omit. 9
Clause 17 Amendment of s 148A (Chief executive to notify 10
children's commissioner about particular persons) 11
(1) Section 148A, `children's commissioner'-- 12
omit, insert-- 13
chief executive (employment screening) 14
(2) Section 148A(1)(a)(i) and (3)(b), `Commissioner's Act'-- 15
omit, insert-- 16
Working with Children Act 17
Clause 18 Amendment of s 148B (Obtaining particular information 18
from children's commissioner) 19
(1) Section 148B, `children's commissioner'-- 20
omit, insert-- 21
chief executive (employment screening) 22
(2) Section 148B(1)(a)(ii), `Commissioner's Act'-- 23
omit, insert-- 24
Working with Children Act 25
Clause 19 Amendment of ch 4, pt 3, hdg (Application of 26
Commissioner's Act) 27
Chapter 4, part 3, heading, `Commissioner's Act'-- 28
Page 21
Child Protection Reform Amendment Bill 2014
Part 2 Amendment of Child Protection Act 1999
[s 20]
omit, insert-- 1
Working with Children Act 2
Clause 20 Amendment of s 148C (Application to licensed care 3
service) 4
Section 148C(1), `Commissioner's Act'-- 5
omit, insert-- 6
Working with Children Act 7
Clause 21 Amendment of s 148D (Pending application for 8
prescribed notice) 9
Section 148D(1)(a), (2) and (4), `Commissioner's Act'-- 10
omit, insert-- 11
Working with Children Act 12
Clause 22 Amendment of s 159C (What is relevant information) 13
Section 159C(1), definition relevant information, paragraph (b)-- 14
insert-- 15
(vi) offer help and support to a child or 16
child's family to stop the child 17
becoming a child in need of protection; 18
or 19
Clause 23 Amendment of s 159D (Other definitions for ch 5A) 20
Section 159D, definition prescribed entity-- 21
insert-- 22
(ca) the public guardian; 23
Page 22
Child Protection Reform Amendment Bill 2014
Part 2 Amendment of Child Protection Act 1999
[s 24]
Clause 24 Amendment of s 159O (Release of information by a health 1
services designated person) 2
Section 159O(1)(b), `, or the preparation of a supplementary 3
report,'-- 4
omit. 5
Clause 25 Amendment of s 186 (Confidentiality of notifiers of harm 6
or risk of harm) 7
(1) Section 186(1), `, an authorised officer or a police officer'-- 8
omit, insert-- 9
or an authorised officer, police officer, doctor or nurse 10
(2) Section 186(2)(d)-- 11
omit. 12
Clause 26 Amendment of s 197 (Protection from liability) 13
(1) Section 197, heading, after `liability'-- 14
insert-- 15
for officials 16
(2) Section 197(3), definition official-- 17
insert-- 18
(e) a member of a review panel. 19
Clause 27 Amendment of ch 7A, hdg (Child deaths) 20
Chapter 7A, heading, after `deaths'-- 21
insert-- 22
and other matters 23
Clause 28 Insertion of new ch 7A, pt 1, hdg 24
Chapter 7A, before section 246A-- 25
Page 23
Child Protection Reform Amendment Bill 2014
Part 2 Amendment of Child Protection Act 1999
[s 29]
insert-- 1
Part 1 Child death and other 2
case reviews 3
Clause 29 Replacement of s 246A (Chief executive to review 4
department's involvement with particular children) 5
Section 246A-- 6
omit, insert-- 7
246AA Purpose 8
(1) This chapter provides for a system of review of 9
the department's involvement with particular 10
children who have since died or suffered serious 11
physical injury. 12
(2) The system includes a review by the chief 13
executive and further independent review by a 14
panel of appropriately qualified persons. 15
(3) The purposes of requiring the reviews are-- 16
(a) to facilitate ongoing learning and 17
improvement in the provision of services by 18
the department; and 19
(b) to promote the accountability of the 20
department. 21
246A Chief executive to review department's 22
involvement with particular children 23
(1) This section applies if a child dies or suffers 24
serious physical injury. 25
(2) The chief executive must carry out a review about 26
the department's involvement with the child if-- 27
(a) at the time of the child's death or serious 28
physical injury, the child is in the chief 29
executive's custody or guardianship; or 30
Page 24
Child Protection Reform Amendment Bill 2014
Part 2 Amendment of Child Protection Act 1999
[s 30]
(b) within 1 year before the child's death or 1
serious physical injury, the chief executive 2
became aware of alleged harm or alleged 3
risk of harm to the child in the course of 4
performing functions under or relating to the 5
administration of this Act; or 6
(c) within 1 year before the child's death or 7
serious physical injury, the chief executive 8
took action under this Act in relation to the 9
child; or 10
(d) the child was less than 1 year old at the time 11
of death or serious physical injury and, 12
before the child was born, the chief 13
executive reasonably suspected the child 14
might be in need of protection after he or 15
she was born; or 16
(e) the Minister requests a review under 17
subsection (3). 18
(3) The Minister may ask the chief executive to carry 19
out a review if the Minister considers the 20
circumstances of the child's death or serious 21
physical injury may be relevant to the chief 22
executive's functions under or relating to the 23
administration of this Act. 24
Clause 30 Amendment of s 246B (Terms of reference and extent of 25
review) 26
(1) Section 246B(2) and (3)-- 27
renumber as section 246B(3) and (4). 28
(2) Section 246B-- 29
insert-- 30
(2) Without limiting the matters the chief executive 31
may consider in making a decision under 32
subsection (1), the chief executive may consider 33
the nature of the department's involvement with 34
Page 25
Child Protection Reform Amendment Bill 2014
Part 2 Amendment of Child Protection Act 1999
[s 31]
the child and its relevance to the cause of the 1
child's death or serious physical injury. 2
Clause 31 Amendment of s 246C (Chief executive may seek 3
information from entities) 4
Section 246C, after `alive'-- 5
insert-- 6
or before the child was injured 7
Clause 32 Replacement of s 246D (Report to be prepared and given 8
to CDCRC) 9
Section 246D-- 10
omit, insert-- 11
246D Report to be prepared and given to review 12
panel 13
(1) As soon as practicable, and not more than 6 14
months, after the triggering event for the chief 15
executive's review, the chief executive must-- 16
(a) complete the review; and 17
(b) prepare a report about the review; and 18
(c) give the following documents (the original 19
review documents) to the review panel to 20
which the review is allocated under section 21
246HF-- 22
(i) a copy of the report under paragraph 23
(b); 24
(ii) any documents obtained by the chief 25
executive and used for the review. 26
(2) In this section-- 27
triggering event means-- 28
Page 26
Child Protection Reform Amendment Bill 2014
Part 2 Amendment of Child Protection Act 1999
[s 32]
(a) for a review under section 246A(2)(a) to 1
(d)--the child's death or serious physical 2
injury; or 3
(b) for a review under section 246A(2)(e)--the 4
Minister's request. 5
246DA Review panel may obtain further 6
information 7
(1) After receiving the original review documents, 8
the review panel may ask the chief executive for 9
further information relevant to the panel's review. 10
(2) The chief executive must comply with the request 11
to the extent that the chief executive has the 12
information or may obtain it under this Act. 13
(3) For the purpose of complying with the request, 14
the chief executive may ask another entity for 15
particular information requested by the panel. 16
(4) If the chief executive asks a prescribed entity for 17
information, section 159N applies to the request 18
as if the requested information were relevant 19
information for that section. 20
(5) In this section-- 21
prescribed entity see section 159D. 22
246DB Review panel to conduct further review 23
(1) The review panel must review the chief 24
executive's review as soon as practicable and, in 25
any case, in time to comply with section 246DC. 26
(2) The review panel must decide the extent and 27
terms of reference of its review. 28
(3) The matters that the review panel may decide to 29
consider in its review include the following-- 30
Page 27
Child Protection Reform Amendment Bill 2014
Part 2 Amendment of Child Protection Act 1999
[s 33]
(a) a matter within the terms of reference of the 1
chief executive's review; 2
(b) ways of improving the department's 3
practices relating to the delivery of services 4
to children and families; 5
(c) ways of improving the relationship between 6
the department and other entities with 7
functions involving children or families; 8
(d) whether disciplinary action should be taken 9
against a public service employee of the 10
department in relation to the department's 11
involvement with a child. 12
246DC Report of panel's review 13
(1) Within 6 months after receiving the original 14
review documents, the review panel must 15
complete its review under section 246DB, 16
prepare a report of the review and give the report 17
to the chief executive. 18
(2) The chief executive must give a copy of the 19
panel's report to the Minister if-- 20
(a) the panel's review was of a review by the 21
chief executive carried out in response to a 22
request of the Minister under section 23
246A(3); or 24
(b) the Minister asks for a copy. 25
Clause 33 Amendment of s 246E (Protection from liability for giving 26
information to chief executive) 27
(1) Section 246E, heading, after `chief executive'-- 28
insert-- 29
or review panel 30
(2) Section 246E(1)-- 31
Page 28
Child Protection Reform Amendment Bill 2014
Part 2 Amendment of Child Protection Act 1999
[s 34]
omit, insert-- 1
(1) This section applies if a person, acting honestly, 2
gives information to the chief executive or a 3
review panel for a review under this part. 4
Clause 34 Amendment of s 246F (No liability for defamation if report 5
made in good faith) 6
Section 246F, `, including a supplementary report,'-- 7
omit. 8
Clause 35 Omission of s 246G (Preparation of supplementary 9
report) 10
Section 246G-- 11
omit. 12
Clause 36 Amendment of s 246H (Chief executive to give reports to 13
State Coroner) 14
Section 246H(1)(a)-- 15
omit, insert-- 16
(a) the chief executive completes a report under 17
section 246D or is given a review panel's 18
report under section 246DC; and 19
Clause 37 Insertion of new ch 7A, pt 2 20
Chapter 7A, after section 246H-- 21
insert-- 22
Page 29
Child Protection Reform Amendment Bill 2014
Part 2 Amendment of Child Protection Act 1999
[s 37]
Part 2 Child Death Case 1
Review Panels 2
Division 1 Pool of panel members 3
246HA Appointment 4
(1) The Minister may appoint persons to a pool from 5
which the members of review panels are chosen. 6
(2) A person may be appointed to the pool only if the 7
Minister is satisfied the person is eligible and 8
suitable for appointment. 9
(3) A person is eligible for appointment if the 10
person-- 11
(a) has expertise in the field of paediatrics and 12
child health, forensic pathology, mental 13
health, investigations or child protection; or 14
(b) is otherwise, because of the person's 15
qualifications, experience or membership of 16
an entity, likely to make a valuable 17
contribution to the work of a review panel. 18
(4) Without limiting the matters to which the 19
Minister may have regard in deciding whether a 20
person is suitable for appointment, the 21
Minister-- 22
(a) must not appoint a person if the person does 23
not consent to a criminal history check 24
before appointment; and 25
(b) may have regard to a person's criminal 26
history. 27
(5) Also, in making appointments, the Minister must 28
have regard to the requirements for the 29
membership of review panels under section 30
246HH. 31
Page 30
Child Protection Reform Amendment Bill 2014
Part 2 Amendment of Child Protection Act 1999
[s 37]
246HB Minister may obtain criminal history report 1
(1) This section applies in relation to-- 2
(a) a person whom the Minister proposes to 3
appoint as a member of the pool and who 4
has consented to a criminal history check 5
under section 246HA; or 6
(b) a member of the pool. 7
(2) The Minister may ask the police commissioner 8
for the following information-- 9
(a) the person's criminal history; 10
(b) a brief description of the circumstances of a 11
conviction or charge mentioned in the 12
person's criminal history. 13
(3) The police commissioner must comply with the 14
request, but only in relation to information in the 15
police commissioner's possession or to which the 16
police commissioner has access. 17
(4) The Minister must destroy a report given to the 18
Minister under this section as soon as practicable 19
after it is no longer needed for the purpose for 20
which it was requested. 21
246HC Term of office 22
(1) A member of the pool holds office for the term, 23
of not more than 2 years, stated in the member's 24
instrument of appointment. 25
(2) A member may resign by signed notice given to 26
the Minister. 27
246HD Conditions of appointment 28
A member of the pool holds office under the 29
conditions of appointment fixed by the Minister. 30
Page 31
Child Protection Reform Amendment Bill 2014
Part 2 Amendment of Child Protection Act 1999
[s 37]
Division 2 Establishment and 1
operation of panels 2
246HE Establishment 3
The Minister may establish Child Death Case Review 4
Panels to carry out independent reviews of the chief 5
executive's reviews under part 1. 6
246HF Allocation of reviews 7
(1) For each review carried out by the chief executive 8
under part 1, the Minister must establish a review 9
panel or nominate an existing review panel to 10
carry out a review of the chief executive's review. 11
(2) A review panel may be allocated 1 or more 12
reviews under this section. 13
246HG Independence 14
A review panel is not subject to direction by the 15
Minister about the way the panel performs its 16
functions. 17
246HH Membership 18
(1) A review panel consists of the members chosen 19
by the Minister from the pool under division 1. 20
(2) Each review panel must include-- 21
(a) at least 3 persons who are not public service 22
employees and who the Minister is satisfied 23
have specialist knowledge and experience in 24
child protection issues; and 25
(b) at least 1, and not more than 3, public 26
service officers employed in the department; 27
and 28
Page 32
Child Protection Reform Amendment Bill 2014
Part 2 Amendment of Child Protection Act 1999
[s 37]
(c) at least 1 public service officer who is 1
employed, as a senior executive or senior 2
officer, in a department other than the 3
department in which this Act is 4
administered. 5
(3) At least 1 member of the panel must be an 6
Aboriginal or Torres Strait Islander person. 7
246HI Conduct of business 8
Subject to this chapter, a review panel may conduct its 9
business, including meetings, in the way it considers 10
appropriate. 11
246HJ Quorum 12
A quorum for a review panel is 3 members, 13
including-- 14
(a) at least 2 members who are not public 15
service officers employed in the department; 16
and 17
(b) if the panel's review concerns the death or 18
serious physical injury of an Aboriginal or 19
Torres Strait Islander child--at least 1 20
member who is an Aboriginal or Torres 21
Strait Islander person. 22
246HK Disclosure of interests 23
(1) This section applies to a member of a review 24
panel if-- 25
(a) the member has a direct or indirect interest 26
in an issue being considered, or about to be 27
considered, by the panel; and 28
(b) the interest could conflict with the proper 29
performance of the member's duties about 30
the consideration of the issue. 31
Page 33
Child Protection Reform Amendment Bill 2014
Part 2 Amendment of Child Protection Act 1999
[s 37]
(2) As soon as practicable after the relevant facts 1
come to the member's knowledge, the member 2
must disclose the nature of the interest to a 3
meeting of the panel. 4
(3) Unless the panel otherwise directs, the member 5
must not-- 6
(a) be present when the panel considers the 7
issue; or 8
(b) take part in a decision of the panel about the 9
issue. 10
(4) The member must not be present when the panel 11
is considering whether to give a direction under 12
subsection (3). 13
(5) If there is another member who must, under 14
subsection (2), also disclose an interest in the 15
issue, the other member must not-- 16
(a) be present when the panel is considering 17
whether to give a direction under subsection 18
(3) about the first member; or 19
(b) take part in making the decision about 20
giving the direction. 21
(6) A disclosure under subsection (2) must be 22
recorded in the report prepared under section 23
246DC(1) by the panel about the review to which 24
the relevant matter relates. 25
246HL Annual report about review panels 26
Within 3 months after the end of each financial year, 27
the chief executive must prepare, and give to the 28
Minister, a report about-- 29
(a) the operations of review panels under this 30
chapter during the financial year; and 31
(b) actions taken during the financial year in 1
response to reports given to the chief 2
Page 34
Child Protection Reform Amendment Bill 2014
Part 2 Amendment of Child Protection Act 1999
[s 38]
executive under section 246DC. 3
Clause 38 Omission of ss 248 and 248A 4
Sections 248 and 248A-- 5
omit. 6
Clause 39 Insertion of new ch 9, pt 9 7
Chapter 9-- 8
insert-- 9
Part 9 Transitional provision 10
for Child Protection 11
Reform Amendment 12
Act 2014 13
271 Uncompleted child death case reviews 14
(1) This section applies to a review started by the 15
chief executive under chapter 7A before the 16
commencement day if, immediately before the 17
commencement day-- 18
(a) the chief executive had not yet given a copy 19
of a report about the review to the CDCRC 20
under previous section 246D(2); or 21
(b) the chief executive had given a copy of a 22
report about the review to the CDCRC under 23
previous section 246D(2) but the CDCRC 24
had not completed its review of the chief 25
executive's review and given a copy of its 26
report about its review to the chief executive 27
under previous section 135 of the 28
Commission for Children and Young People 29
and Child Guardian Act 2000. 30
Page 35
Child Protection Reform Amendment Bill 2014
Part 2 Amendment of Child Protection Act 1999
[s 40]
(2) The chief executive must give the report about 1
the review and other documents required under 2
section 246D to a review panel established or 3
nominated by the Minister to conduct a review of 4
the chief executive's review. 5
(3) In this section-- 6
commencement day means the day this section 7
commences. 8
previous means as in force before the 9
commencement day. 10
Clause 40 Amendment of sch 3 (Dictionary) 11
(1) Schedule 3, definitions apply for an exemption notice, apply 12
for a prescribed notice, CDCRC, children's commissioner, 13
Commissioner's Act, current, disqualifying offence, exemption 14
notice, member of a person's household, member of a 15
recognised entity, negative exemption notice, negative 16
prescribed notice, positive exemption notice, positive 17
prescribed notice, prescribed notice and serious offence-- 18
omit. 19
(2) Schedule 3-- 20
insert-- 21
application, for an exemption notice or 22
prescribed notice, means an application for the 23
notice under the Working with Children Act. 24
chief executive (employment screening) means 25
the chief executive of the department in which 26
the Working with Children Act is administered. 27
current-- 28
1 A prescribed notice or exemption notice is 29
current if it is in force, and is not suspended, 30
under the Working with Children Act. 31
2 An application for a prescribed notice or 32
exemption notice is current if it has been 33
Page 36
Child Protection Reform Amendment Bill 2014
Part 2 Amendment of Child Protection Act 1999
[s 40]
made under the Working with Children Act 1
and has not been decided or withdrawn. 2
disqualifying offence means a disqualifying 3
offence under the Working with Children Act. 4
exemption notice means an exemption notice 5
under the Working with Children Act. 6
member-- 7
1 Member, of a person's household-- 8
(a) includes-- 9
(i) someone who lives in the person's 10
home; and 11
(ii) an adult who, because of the 12
nature of their contact with the 13
child in need of protection and the 14
context in which that contact 15
happens, may create an 16
unacceptable level of risk to the 17
child; but 18
(b) does not include a parent of the child 19
living in the person's home if the child 20
was placed in the care of the person 21
under section 82(1). 22
2 Member, of a recognised entity, includes a 23
person employed or engaged by the entity. 24
3 Member, for chapter 7A, part 2, means a 25
member of a review panel. 26
negative exemption notice means a negative 27
exemption notice under the Working with 28
Children Act. 29
negative prescribed notice means a negative 30
notice under the Working with Children Act. 31
original review documents see section 32
246D(1)(c). 33
Page 37
Child Protection Reform Amendment Bill 2014
Part 2 Amendment of Child Protection Act 1999
[s 40]
pool, for chapter 7A, means the pool of persons 1
appointed under chapter 7A, part 2, division 1. 2
positive exemption notice means a positive 3
exemption notice under the Working with 4
Children Act. 5
positive prescribed notice means a positive 6
notice under the Working with Children Act. 7
prescribed notice means a prescribed notice 8
under the Working with Children Act. 9
registered nurse means a person registered under 10
the Health Practitioner Regulation National 11
Law-- 12
(a) to practise in the nursing and midwifery 13
profession as a nurse, other than as a 14
student; and 15
(b) in the registered nurses division of that 16
profession. 17
reportable suspicion, for chapter 2, part 1AA, 18
see section 13E(2) or 13F(2), whichever is 19
relevant. 20
review panel means a Child Death Case Review 21
Panel established under section 246HE. 22
school means-- 23
(a) a State school under the Education (General 24
Provisions) Act 2006; or 25
(b) a school that is provisionally accredited, or 26
accredited, under the Education 27
(Accreditation of Non-State Schools) Act 28
2001. 29
serious offence means a serious offence under 30
the Working with Children Act. 31
serious physical injury means-- 32
Page 38
Child Protection Reform Amendment Bill 2014
Part 3 Amendment of Childrens Court Act 1992
[s 41]
(a) the loss of a distinct part or an organ of the 1
body; or 2
(b) serious disfigurement; or 3
(c) any bodily injury of a nature that, if left 4
untreated, would endanger or be likely to 5
endanger life, or cause or be likely to cause 6
permanent injury to health. 7
teacher means an approved teacher under the 8
Education (Queensland College of Teachers) Act 9
2005 employed at a school. 10
Working with Children Act means the Working 11
with Children (Risk Management and Screening) 12
Act 2000. 13
(3) Schedule 3, definition criminal history, paragraph (c), 14
`Commission for Children and Young People and Child 15
Guardian Act 2000'-- 16
omit, insert-- 17
Working with Children Act 18
Part 3 Amendment of Childrens Court 19
Act 1992 20
Clause 41 Act amended 21
This part amends the Childrens Court Act 1992. 22
Clause 42 Amendment of s 8 (Directions) 23
(1) Section 8(4)-- 24
renumber as section 8(5). 25
(2) Section 8-- 26
insert-- 27
Page 39
Child Protection Reform Amendment Bill 2014
Part 3 Amendment of Childrens Court Act 1992
[s 43]
(4) After consulting with the president, the chief 1
magistrate may issue directions of general 2
application with respect to the procedure of the 3
court when constituted by a Childrens Court 4
magistrate, magistrate or justices. 5
Clause 43 Insertion of new s 8A 6
After section 8-- 7
insert-- 8
8A Leadership of the court 9
(1) The president has the function of ensuring the 10
orderly and expeditious exercise of the 11
jurisdiction of the court when constituted by a 12
Childrens Court judge. 13
(2) The chief magistrate has the function of ensuring 14
the orderly and expeditious exercise of the 15
jurisdiction of the court when constituted by a 16
Childrens Court magistrate, magistrate or 17
justices. 18
Clause 44 Replacement of s 10 (Functions of president) 19
Section 10-- 20
omit, insert-- 21
10 Functions of president 22
The president has the function given by section 8A(1) 23
and the other functions conferred on the president by 24
this Act or any other Act. 25
Clause 45 Omission of s 14A (Term of office) 26
Section 14A-- 27
omit. 28
Page 40
Child Protection Reform Amendment Bill 2014
Part 3 Amendment of Childrens Court Act 1992
[s 46]
Clause 46 Amendment of s 21 (Court sitting times) 1
Section 21, `president's directions'-- 2
omit, insert-- 3
directions of the president or chief magistrate under 4
section 8 5
Clause 47 Insertion of new pt 7, div 5 6
Part 7-- 7
insert-- 8
Division 5 Transitional provision for 9
Child Protection Reform 10
Amendment Act 2014 11
38 Term of office of current Childrens Court 12
magistrates 13
(1) This section applies to a person holding an 14
appointment as a Childrens Court magistrate 15
immediately before the commencement of this 16
section. 17
(2) The person's appointment continues on the same 18
conditions until the person ceases to hold the 19
office of Childrens Court magistrate under 20
section 15. 21
(3) Subsection (2) applies despite a term of 22
appointment stated in the person's instrument of 23
appointment. 24
(4) Subsection (2) does not affect the power of the 25
Governor in Council under this Act to change the 26
conditions of the appointment. 27
Page 41
Child Protection Reform Amendment Bill 2014
Part 4 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 48]
Part 4 Amendment of Commission for 1
Children and Young People and 2
Child Guardian Act 2000 3
Clause 48 Act amended 4
This part amends the Commission for Children and Young 5
People and Child Guardian Act 2000. 6
Clause 49 Amendment of long title 7
Long title, `Commission for Children and Young People and Child 8
Guardian'-- 9
omit, insert-- 10
scheme requiring the development and 11
implementation of risk management strategies, 12
and the screening of persons employed in 13
particular employment or carrying on particular 14
businesses, 15
Clause 50 Omission of ch 1, pt 1, hdg (Introduction) 16
Chapter 1, part 1, heading-- 17
omit. 18
Clause 51 Replacement of s 1 (Short title) 19
Section 1-- 20
omit, insert-- 21
1 Short title 22
This Act may be cited as the Working with Children 23
(Risk Management and Screening) Act 2000. 24
Clause 52 Replacement of ch 1, pts 2-4 25
Chapter 1, parts 2 to 4-- 26
Page 42
Child Protection Reform Amendment Bill 2014
Part 4 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 52]
omit, insert-- 1
5 Object of Act 2
The object of this Act is to promote and protect the 3
rights, interests and wellbeing of children and young 4
people in Queensland through a scheme requiring-- 5
(a) the development and implementation of risk 6
management strategies; and 7
(b) the screening of persons employed in 8
particular employment or carrying on 9
particular businesses. 10
6 Principles for administering this Act 11
This Act is to be administered under the following 12
principles-- 13
(a) the welfare and best interests of a child are 14
paramount; 15
(b) every child is entitled to be cared for in a 16
way that protects the child from harm and 17
promotes the child's wellbeing. 18
7 Administration of this Act in the Public Safety 19
Business Agency 20
(1) This Act is to be administered in the Public 21
Safety Business Agency. 22
(2) A reference in this Act to the chief executive is a 23
reference to the chief executive officer of the 24
Public Safety Business Agency. 25
(3) A reference in another Act to the chief executive 26
of the department in which this Act is 27
administered is a reference to the chief executive 28
officer of the Public Safety Business Agency. 29
(4) A reference in this Act to the department is a 30
reference to the Public Safety Business Agency. 31
Page 43
Child Protection Reform Amendment Bill 2014
Part 4 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 53]
(5) A reference in another Act to the department in 1
which this Act is administered is a reference to 2
the Public Safety Business Agency. 3
8 Chief executive's main functions 4
The chief executive's main functions under this Act 5
are-- 6
(a) to administer the scheme under chapter 8 for 7
screening-- 8
(i) persons employed, or proposed to be 9
employed, in certain child-related 10
employment; and 11
(ii) persons carrying on, or proposing to 12
carry on, certain child-related 13
businesses; and 14
(b) to audit or monitor compliance with that 15
chapter. 16
Clause 53 Omission of chs 2-4 17
Chapters 2 to 4-- 18
omit. 19
Clause 54 Omission of chs 6 and 7 20
Chapters 6 and 7-- 21
omit. 22
Clause 55 Amendment of ch 8 references to `commissioner' or 23
`Commissioner' 24
(1) Each provision of chapter 8 is amended by-- 25
(a) omitting `commissioner' and inserting `chief executive'; 26
and 27
Page 44
Child Protection Reform Amendment Bill 2014
Part 4 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 56]
(b) omitting `Commissioner' and inserting `Chief 1
executive'. 2
(2) Subsection (1) does not apply to a reference to 3
`commissioner' where it appears in the term `police 4
commissioner' or `interstate police commissioner'. 5
Clause 56 Amendment of ch 8 references to `commissioner's' 6
(1) Each provision of chapter 8 is amended by omitting 7
`commissioner's' and inserting `chief executive's'. 8
(2) Subsection (1) does not apply to a reference to 9
`commissioner's' where it appears in the term `police 10
commissioner's'. 11
Clause 57 Omission of ss 154 and 155 12
Sections 154 and 155-- 13
omit. 14
Clause 58 Amendment of s 235 (Department to be given particular 15
advice) 16
(1) Section 235(1)(a), `a department'-- 17
omit, insert-- 18
another department (the other executive) 19
(2) Section 235(1)(c), `chief executive of the department'-- 20
omit, insert-- 21
other executive 22
(3) Section 235(2), `chief executive of the department that the 23
chief executive'-- 24
omit, insert-- 25
other executive that the other executive 26
(4) Section 235(2), `department should'-- 27
Page 45
Child Protection Reform Amendment Bill 2014
Part 4 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 59]
omit, insert-- 1
other department should 2
(5) Section 235(4), `department'-- 3
omit, insert-- 4
other department 5
Clause 59 Amendment of s 293 (Department to be given particular 6
advice) 7
(1) Section 293(1)(a), `a department'-- 8
omit, insert-- 9
another department (the other executive) 10
(2) Section 293(1)(c), `chief executive of the department'-- 11
omit, insert-- 12
other executive 13
(3) Section 293(2), `chief executive of the department that the 14
chief executive'-- 15
omit, insert-- 16
other executive that the other executive 17
(4) Section 293(2), `department should'-- 18
omit, insert-- 19
other department should 20
(5) Section 293(4), `department'-- 21
omit, insert-- 22
other department 23
Clause 60 Amendment of s 345 (Use of information obtained under 24
this chapter about a person) 25
Section 345(2), `engaged by the commission'-- 26
omit, insert-- 27
Page 46
Child Protection Reform Amendment Bill 2014
Part 4 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 61]
employed in the department 1
Clause 61 Amendment of ch 8A references to `commissioner' or 2
`Commissioner' 3
(1) Each provision of chapter 8A is amended by-- 4
(a) omitting `commissioner' and inserting `chief executive'; 5
and 6
(b) omitting `Commissioner' and inserting `Chief 7
executive'. 8
(2) Subsection (1) does not apply to a reference to 9
`commissioner' where it appears in the term `police 10
commissioner'. 11
Clause 62 Amendment of ch 8A references to `engaged by the 12
commission' 13
Each provision of chapter 8A is amended by omitting 14
`engaged by the commission' and inserting `employed in the 15
department'. 16
Clause 63 Amendment of s 357A (Purposes of ch 8A) 17
(1) Section 357A(a), `engaged, or to continue to be engaged, by 18
the commission'-- 19
omit, insert-- 20
employed, or to continue to be employed, in the 21
department 22
(2) Section 357A(b)-- 23
omit. 24
Clause 64 Amendment of s 357D (Person seeking to be engaged by 25
commission must disclose criminal history) 26
(1) Section 357D, heading, `engaged by commission'-- 27
omit, insert-- 28
Page 47
Child Protection Reform Amendment Bill 2014
Part 4 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 65]
employed in the department 1
(2) Section 357D, `so engaged'-- 2
omit, insert-- 3
so employed 4
Clause 65 Amendment of s 357E (Person engaged by commission 5
must disclose changes in criminal history) 6
Section 357E, heading, `engaged by commission'-- 7
omit, insert-- 8
employed in the department 9
Clause 66 Omission of ch 8A, pt 4 (Employment screening of 10
persons engaged, or to be engaged, in child-related 11
duties) 12
Chapter 8A, part 4-- 13
omit. 14
Clause 67 Amendment of s 357O (Application of div 1) 15
Section 357O(2), `or child-related duties'-- 16
omit. 17
Clause 68 Amendment of s 357R (Use of information obtained under 18
this chapter) 19
Section 357R(3)(b), `commission'-- 20
omit, insert-- 21
department 22
Page 48
Child Protection Reform Amendment Bill 2014
Part 4 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 69]
Clause 69 Amendment of s 357T (Guidelines for dealing with 1
information) 2
Section 357T(3), `engaged, or who is engaged, by the 3
commission'-- 4
omit, insert-- 5
employed, or who is employed, by the department 6
Clause 70 Amendment of ch 9, pt 2, hdg (QCAT to give statistical 7
information to commissioner) 8
Chapter 9, part 2, heading, `commissioner'-- 9
omit, insert-- 10
chief executive 11
Clause 71 Replacement of s 368 (QCAT's principal registrar to give 12
statistical information to commissioner) 13
Section 368-- 14
omit, insert-- 15
368 QCAT's principal registrar to give statistical 16
information to chief executive 17
(1) QCAT's principal registrar must, from time to 18
time, give the chief executive statistical 19
information about-- 20
(a) the number and types of child-related 21
employment decisions for which 22
applications were made to QCAT for 23
review; and 24
(b) QCAT's decisions on the applications. 25
(2) The information must not identify the parties 26
(other than the decision-maker) to, or other 27
persons taking part in, a review by QCAT. 28
Page 49
Child Protection Reform Amendment Bill 2014
Part 4 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 72]
Clause 72 Amendment of ch 10, pt 2 references to `commissioner' 1
Each provision of chapter 10, part 2 is amended by omitting 2
`commissioner' and inserting `chief executive'. 3
Clause 73 Amendment of s 374 (Commissioner must keep record) 4
Section 374, heading, `Commissioner'-- 5
omit, insert-- 6
Chief executive 7
Clause 74 Replacement of s 376 (Evidentiary provisions) 8
Section 376-- 9
omit, insert-- 10
376 Evidentiary provisions 11
(1) This section applies to a proceeding under or in 12
relation to this Act. 13
(2) A signature purporting to be the signature of the 14
chief executive is evidence of the signature it 15
purports to be. 16
(3) A certificate purporting to be signed by the chief 17
executive stating any of the following matters is 18
evidence of the matter-- 19
(a) a stated document is a copy of a notice given 20
or issued under this Act; 21
(b) on a stated day, a stated person was given a 22
stated notice under this Act. 23
Clause 75 Amendment of s 377 (Indictable and summary offences) 24
Section 377(2)-- 25
omit. 26
Page 50
Child Protection Reform Amendment Bill 2014
Part 4 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 76]
Clause 76 Omission of s 382 (Allegations of false or misleading 1
information or statements) 2
Section 382-- 3
omit. 4
Clause 77 Amendment of s 384 (Confidentiality of information about 5
criminal history or related information) 6
(1) Section 384(1)(a) and (2)(a), after `has been,'-- 7
insert-- 8
a public service employee employed in the 9
department, 10
(2) Section 384(1)(b), after `applied by'-- 11
insert-- 12
previous 13
(3) Section 384(5)(a) to (d)-- 14
omit, insert-- 15
(a) if subsection (1) applies-- 16
(i) to a public service employee employed 17
in the department for the purpose of an 18
employment-screening decision; or 19
(ii) for a document about a staff 20
member--to a public service employee 21
employed in the department or 22
selection panel member for the purpose 23
of assessing the person's suitability to 24
be, or continue to be, a staff member; 25
or 26
(b) if subsection (2) applies--to a public service 27
employee employed in the department or 28
selection panel member for the purpose of 29
assessing the person's suitability to be, or 30
continue to be, a staff member; or 31
Page 51
Child Protection Reform Amendment Bill 2014
Part 4 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 77]
(c) if subsection (3)(a) applies--to a public 1
service employee employed in the 2
department or a member of the Minister's 3
staff for the purpose of obtaining advice 4
relating to the information; or 5
(d) if subsection (3)(b) applies--to the Minister, 6
a public service employee employed in the 7
department or a member of the Minister's 8
staff for the purpose of providing advice to 9
the Minister relating to the information; or 10
(4) Section 384(6)-- 11
insert-- 12
assistant commissioner means the assistant 13
commissioner under this Act before the 14
commencement of this definition. 15
commission means the Commission for Children 16
and Young People and Child Guardian under this 17
Act before the commencement of this definition. 18
commissioner means the Commissioner for 19
Children and Young People and Child Guardian 20
under this Act before the commencement of this 21
definition. 22
previous section 36 means section 36 as in force 23
from time to time before the commencement of 24
this definition. 25
(5) Section 384(6), definition selection panel member, after 26
`recommendation to'-- 27
insert-- 28
the chief executive or 29
(6) Section 384(6), definition staff member, after `means'-- 30
insert-- 31
a public service employee employed in the department 32
or 33
Page 52
Child Protection Reform Amendment Bill 2014
Part 4 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 78]
Clause 78 Amendment of s 385 (Confidentiality of other 1
information) 2
(1) Section 385(3)(d)-- 3
omit, insert-- 4
(d) a public service employee employed in the 5
department; or 6
(2) Section 385(4)(e)(iii), `is, or has been,'-- 7
omit, insert-- 8
has been 9
(3) Section 385(4)-- 10
insert-- 11
(f) for a purpose directly related to a child's 12
protection or welfare. 13
(4) Section 385(5)(a), `the commissioner, a member of the 14
commission's staff, a public service officer of the 15
department'-- 16
omit, insert-- 17
a public service employee employed in the department 18
(5) Section 385-- 19
insert-- 20
(6) In this section-- 21
advisory committee means an advisory 22
committee established under this Act before the 23
commencement of this definition. 24
assistant commissioner means the assistant 25
commissioner under this Act before the 26
commencement of this definition. 27
commission means the Commission for Children 28
and Young People and Child Guardian under this 29
Act before the commencement of this definition. 30
Page 53
Child Protection Reform Amendment Bill 2014
Part 4 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 79]
commissioner means the Commissioner for 1
Children and Young People and Child Guardian 2
under this Act before the commencement of this 3
definition. 4
Clause 79 Omission of s 386 (Disclosure of information about 5
investigations) 6
Section 386-- 7
omit. 8
Clause 80 Omission of ch 10, pt 5 (Reprisals) 9
Chapter 10, part 5-- 10
omit. 11
Clause 81 Amendment of s 393 (Protection from liability) 12
Section 393(3), definition official, paragraphs (b) to (f)-- 13
omit, insert-- 14
(b) a public service employee employed in the 15
department. 16
Clause 82 Omission of s 394 (Whistleblowers' protection) 17
Section 394-- 18
omit. 19
Clause 83 Amendment of s 395 (Other reports by commissioner) 20
(1) Section 395, heading-- 21
omit, insert-- 22
395 Reports by chief executive 23
(2) Section 395, `commissioner'-- 24
omit, insert-- 25
Page 54
Child Protection Reform Amendment Bill 2014
Part 4 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 84]
chief executive 1
(3) Section 395(1), `commissioner's'-- 2
omit, insert-- 3
chief executive's 4
(4) Section 395-- 5
insert-- 6
(4) The chief executive must ensure the department's 7
annual report under the Financial Accountability 8
Act 2009 for a financial year includes 9
information about the number of times the 10
Minister asked the chief executive for a report 11
under this section during the year. 12
Clause 84 Omission of s 396 (Annual report by commission) 13
Section 396-- 14
omit. 15
Clause 85 Amendment of s 397 (Commissioner may enter into 16
arrangement about giving and receiving information with 17
police commissioner) 18
(1) Section 397, heading, `Commissioner may'-- 19
omit, insert-- 20
Chief executive may 21
(2) Section 397(1), `the commissioner'-- 22
omit, insert-- 23
the chief executive 24
(3) Section 397(2), `The commissioner'-- 25
omit, insert-- 26
The chief executive 27
Page 55
Child Protection Reform Amendment Bill 2014
Part 4 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 86]
Clause 86 Amendment of s 398 (Commissioner may enter into 1
arrangement with chief executive (child safety)) 2
(1) Section 398, heading, `Commissioner'-- 3
omit, insert-- 4
Chief executive 5
(2) Section 398(1) and (2), `commissioner'-- 6
omit, insert-- 7
chief executive 8
Clause 87 Replacement of s 399 (Delegation by commissioner or 9
assistant commissioner) 10
Section 399-- 11
omit, insert-- 12
399 Delegation by chief executive 13
(1) The chief executive may delegate the chief 14
executive's functions under this or another Act 15
to-- 16
(a) an appropriately qualified public service 17
employee employed in the department; or 18
(b) another individual who the chief executive 19
considers is an appropriately qualified 20
person to exercise the functions delegated to 21
the person. 22
(2) In this section-- 23
functions includes powers. 24
Clause 88 Amendment of s 400 (Approved forms) 25
Section 400, `commissioner'-- 26
omit, insert-- 27
chief executive 28
Page 56
Child Protection Reform Amendment Bill 2014
Part 4 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 89]
Clause 89 Amendment of s 401 (Regulation-making power) 1
Section 401(3), `commissioner'-- 2
omit, insert-- 3
chief executive 4
Clause 90 Insertion of new ch 11, pt 17 5
Chapter 11-- 6
insert-- 7
Part 17 Transitional provisions 8
for Child Protection 9
Reform Amendment 10
Act 2014 11
541 Definitions for pt 17 12
In this part-- 13
commencement means the time of 14
commencement of the provision in which the 15
term appears. 16
current see section 542. 17
former, in relation to a provision of this Act, 18
means as in force before the commencement. 19
former assistant commissioner means the 20
assistant commissioner under this Act before the 21
commencement. 22
former commission means the Commission for 23
Children and Young People and Child Guardian 24
under this Act before the commencement. 25
former commissioner means the Commissioner 26
for Children and Young People and Child 27
Guardian under this Act before the 28
commencement. 29
Page 57
Child Protection Reform Amendment Bill 2014
Part 4 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 90]
542 Meaning of current 1
For this part, a thing is current if, immediately before 2
the commencement-- 3
(a) for an application--it had not been finally 4
dealt with; or 5
(b) for a notice or other document or a 6
decision--it was in force or had effect; or 7
(c) for a requirement or request--it had not 8
been complied with. 9
543 Office holders and entities under former 10
provisions 11
(1) On the commencement-- 12
(a) the former commission is abolished; and 13
(b) a person holding office as the former 14
commissioner or former assistant 15
commissioner goes out of office; and 16
(c) the Child Death Case Review Committee 17
under former chapter 6 is abolished and its 18
members go out of office; and 19
(d) each advisory committee under former 20
chapter 7 is abolished. 21
(2) A legal proceeding that, immediately before the 22
commencement, was being taken or may have 23
been taken by or against a former entity may be 24
continued or taken by or against the State. 25
(3) If, immediately before the commencement, a 26
former entity was a party to a current contract, 27
then the State is taken to be a party to the contract 28
in place of the former entity. 29
(4) A regulation may prescribe an entity to be the 30
party acting for the State for a legal proceeding or 31
contract to which subsection (2) or (3) applies. 32
Page 58
Child Protection Reform Amendment Bill 2014
Part 4 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 90]
(5) In this section-- 1
former entity means the former commission, 2
former commissioner or former assistant 3
commissioner. 4
544 Complaints under former ch 4 5
The Ombudsman Act 2001, part 12, division 3 6
includes provision about particular complaints made 7
to the former commissioner under former chapter 4. 8
545 Child death case reviews under former ch 6 9
The Child Protection Act 1999, chapter 9, part 9 10
includes provision about particular child death case 11
reviews under former chapter 6. 12
546 Screening under ch 8 or 8A 13
(1) Unless the context otherwise requires, anything 14
done by or in relation to the former commissioner 15
under former chapter 8 or 8A before the 16
commencement is taken to have been done by or 17
in relation to the chief executive. 18
(2) Without limiting subsection (1)-- 19
(a) a current application made to the former 20
commissioner under former chapter 8 or 8A 21
is taken to have been made to the chief 22
executive; and 23
(b) a current decision of the former 24
commissioner under former chapter 8 or 8A 25
is taken to be a decision of the chief 26
executive; and 27
(c) a current notice or other document issued or 28
given to a person by the former 29
commissioner under former chapter 8 or 8A 30
Page 59
Child Protection Reform Amendment Bill 2014
Part 4 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 90]
is taken to have been issued or given to the 1
person by the chief executive; and 2
(d) a current notice or other document given by 3
a person to the former commissioner under 4
former chapter 8 or 8A is taken to have been 5
given by the person to the chief executive; 6
and 7
(e) a current requirement or request under 8
former chapter 8 or 8A for a person to give 9
information or a document or other thing to 10
the former commissioner is taken to be a 11
requirement or request to give the 12
information, document or thing to the chief 13
executive; and 14
(f) a current requirement under former chapter 15
8 or 8A for the former commissioner to give 16
a document or other thing to a person is 17
taken to be a requirement for the chief 18
executive to give the document or thing to 19
the person. 20
547 Current proceedings relating to ch 8 or 8A 21
(1) This section applies to a legal proceeding about 22
anything done under chapter 8 or 8A that, 23
immediately before the commencement, was 24
being taken or may have been taken by or against 25
the former commissioner. 26
(2) On the commencement, the proceeding may be 27
continued or taken by or against the chief 28
executive. 29
548 Transitional regulation-making power 30
(1) A regulation (a transitional regulation) may 31
make provision of a saving or transitional nature 32
about any matter-- 33
Page 60
Child Protection Reform Amendment Bill 2014
Part 4 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 91]
(a) for which it is necessary to make provision 1
to allow or facilitate the doing of anything to 2
achieve the transition from the pre-amended 3
Act to the post-amended Act; and 4
(b) for which this Act does not make provision 5
or sufficient provision. 6
(2) A transitional regulation may have retrospective 7
operation to a day that is not earlier than the 8
commencement. 9
(3) A transitional regulation must declare it is a 10
transitional regulation. 11
(4) This section and any transitional regulation 12
expire 6 months after the commencement. 13
(5) In this section-- 14
post-amended Act means this Act as in force 15
from the commencement. 16
pre-amended Act means this Act as in force 17
immediately before the commencement. 18
Clause 91 Amendment of sch 1 (Regulated employment and 19
businesses for employment screening) 20
Schedule 1, section 21(1)(b), `government service provider'-- 21
omit, insert-- 22
government entity or a local government 23
Clause 92 Amendment of sch 7 (Dictionary) 24
(1) Schedule 7, definitions advisory committee, advocacy entity, 25
appointed members, assistant commissioner, CDCRC, 26
CDCRC member, child guardian functions, child-related 27
duties, child safety system, commission, commissioner, 28
complaints agency, detention centre, government service 29
provider, in the child safety system, licensee, monitoring 30
functions, notice for information, obstruct, original reviews, 31
Page 61
Child Protection Reform Amendment Bill 2014
Part 5 Amendment of Magistrates Act 1991
[s 93]
policies, private service provider, relevant provider, relevant 1
service providers, review criteria, service provider, State 2
Coroner, unit of public administration and woman-- 3
omit. 4
(2) Schedule 7-- 5
insert-- 6
chief executive has the meaning given by section 7
7(2). 8
department has the meaning given by section 9
7(4). 10
Public Safety Business Agency means the Public 11
Safety Business Agency established under the 12
Public Safety Business Agency Act 2014. 13
(3) Schedule 7, definition commencement-- 14
insert-- 15
(g) for chapter 11, part 17--see section 541. 16
Part 5 Amendment of Magistrates Act 17
1991 18
Clause 93 Act amended 19
This part amends the Magistrates Act 1991. 20
Clause 94 Amendment of s 12 (Functions of Chief Magistrate) 21
(1) Section 12(1)-- 22
insert-- 23
Note-- 24
See also the Childrens Court Act 1992, section 8A(2). 25
Page 62
Child Protection Reform Amendment Bill 2014
Part 6 Amendment of Ombudsman Act 2001
[s 95]
(2) Section 12(2), after `this Act'-- 1
insert-- 2
and the Childrens Court Act 1992 3
(3) Section 12(2), after `Magistrates Courts,'-- 4
insert-- 5
and of the Childrens Court when constituted by a 6
Childrens Court magistrate, magistrate or justices, 7
(4) Section 12(2)-- 8
insert-- 9
(aa) deciding, for the Childrens Court Act 1992, 10
section 5(3)(b) or (c), the magistrates or 11
justices who are to constitute the Childrens 12
Court at particular places and times under 13
that Act; and 14
(ba) under the Childrens Court Act 1992, section 15
8(4), issuing directions about the procedure 16
of the Childrens Court when constituted by 17
a Childrens Court magistrate, magistrate or 18
justices; and 19
(5) Section 12(3)-- 20
omit. 21
Part 6 Amendment of Ombudsman 22
Act 2001 23
Clause 95 Act amended 24
This part amends the Ombudsman Act 2001. 25
Page 63
Child Protection Reform Amendment Bill 2014
Part 6 Amendment of Ombudsman Act 2001
[s 96]
Clause 96 Replacement of s 57B (Report may be given to CDCRC) 1
Section 57B-- 2
omit, insert-- 3
57B Particular reports may be given to chief 4
executive (child safety) 5
(1) If a report prepared by the ombudsman under this 6
part relates to the death or serious physical injury 7
of a child, the ombudsman may give a copy of the 8
report to the chief executive (child safety). 9
(2) Subsection (1) applies despite any other 10
provision of this Act. 11
(3) In this section-- 12
chief executive (child safety) means the chief 13
executive of the department in which the Child 14
Protection Act 1999 is administered. 15
serious physical injury see the Child Protection 16
Act 1999, schedule 3. 17
Clause 97 Replacement of s 86 (Delegation) 18
Section 86-- 19
omit, insert-- 20
86 Delegation 21
(1) The ombudsman may delegate the ombudsman's 22
functions under this Act to an appropriately 23
qualified officer of the ombudsman. 24
(2) In this section-- 25
functions includes powers. 26
Clause 98 Insertion of new pt 12, div 3 27
Part 12-- 28
insert-- 29
Page 64
Child Protection Reform Amendment Bill 2014
Part 6 Amendment of Ombudsman Act 2001
[s 98]
Division 3 Provisions for Child 1
Protection Reform 2
Amendment Act 2014 3
105 Definitions for div 3 4
In this division-- 5
CCYPCG Act means the Commissioner for 6
Children and Young People and Child Guardian 7
Act 2000 as in force before the commencement. 8
commencement means the time of 9
commencement of the provision in which the 10
term appears. 11
former commissioner means the Commissioner 12
for Children and Young People and Child 13
Guardian under the CCYPCG Act before the 14
commencement. 15
106 Complaints made to former commissioner 16
(1) This section applies in relation to a complaint 17
made to the former commissioner under the 18
CCYPCG Act that, immediately before the 19
commencement, had not been finally dealt with 20
under that Act. 21
(2) The ombudsman must deal with the complaint as 22
if it had been made to the ombudsman under this 23
Act. 24
(3) Subsection (2) does not limit the way the 25
ombudsman may deal with the complaint under 26
section 23. 27
Page 65
Child Protection Reform Amendment Bill 2014
Part 6 Amendment of Ombudsman Act 2001
[s 98]
107 Complaints made in former commissioner's 1
own name 2
(1) This section applies in relation to a complaint 3
made by the former commissioner under the 4
CCYPCG Act, section 59 that, immediately 5
before the commencement, had not been finally 6
dealt with under that Act. 7
(2) The ombudsman may investigate the matter of 8
the complaint under section 18(1)(b). 9
108 Complaints documents 10
(1) This section applies in relation to a complaint to 11
which section 106 or 107 applies. 12
(2) On the commencement, any documents and other 13
information held by the former commissioner 14
relating to the complaint become documents and 15
other information held by the ombudsman under 16
this Act. 17
109 Current requirements under CCYPCG Act, ch 4 18
(1) This section applies if the former commissioner 19
made a requirement or request under the 20
CCYPCG Act, chapter 4 that, immediately 21
before the commencement, had not been 22
complied with. 23
(2) On the commencement, the requirement or 24
request lapses. 25
110 Delegation of power to make a report or 26
recommendation 27
To remove any doubt, it is declared that, under section 28
86, the ombudsman may delegate the ombudsman's 29
power to make a report or recommendation about a 30
matter arising before the commencement. 31
Page 66
Child Protection Reform Amendment Bill 2014
Part 7 Amendment of Public Health Act 2005
[s 99]
Clause 99 Amendment of sch 3 (Dictionary) 1
Schedule 3, definition complaints entity, examples, first dot 2
point-- 3
omit. 4
Part 7 Amendment of Public Health 5
Act 2005 6
Clause 100 Act amended 7
This part amends the Public Health Act 2005. 8
Clause 101 Amendment of s 7 (How object is mainly achieved) 9
Section 7(d), from `providing' to `neglect, and'-- 10
omit. 11
Clause 102 Amendment of s 186 (Relationship with Child Protection 12
Act 1999) 13
Section 186(2)-- 14
omit, insert-- 15
(2) The Child Protection Act 1999 imposes an 16
obligation on professionals about reporting 17
suspected child harm caused by physical or 18
sexual abuse and includes related provisions 19
about protection from liability for giving 20
information and protecting the identity of persons 21
notifying harm. 22
Note-- 23
See the Child Protection Act 1999, chapter 2, part 1AA, 24
division 2 and sections 186 and 197A. 25
Page 67
Child Protection Reform Amendment Bill 2014
Part 8 Consequential amendments
[s 103]
Clause 103 Omission of ch 5, pt 3, div 5 (Notification of child abuse 1
and neglect) 2
Chapter 5, part 3, division 5-- 3
omit. 4
Clause 104 Amendment of s 198 (Designated medical officer must 5
notify person in charge of facility where child held) 6
Section 198(4)(c)-- 7
omit, insert-- 8
(c) the name, address and telephone number of 9
the designated medical officer; and 10
(ca) if a professional has given a report under the 11
Child Protection Act 1999, chapter 2, part 12
1AA, division 2--the name, address and 13
telephone number of the professional, to the 14
extent the designated medical officer has 15
those details; and 16
Part 8 Consequential amendments 17
Clause 105 Acts amended in sch 1 18
Schedule 1 amends the Acts it mentions. 19
Page 68
Child Protection Reform Amendment Bill 2014
Schedule 1
Schedule 1 Amendment of particular Acts 1
section 105 2
Adoption Act 2009 3
1 Section 235(3)(d)-- 4
omit, insert-- 5
(d) the court considers the child may be a child 6
in need of protection under the Child 7
Protection Act 1999, section 10. 8
2 Schedule 3, definitions Commission for Children Act and 9
serious offence-- 10
omit. 11
3 Schedule 3-- 12
insert-- 13
serious offence see the Working with Children 14
(Risk Management and Screening) Act 2000. 15
section 167. 16
4 Schedule 3, definition disqualification order, paragraph 17
(a), `Commission for Children Act'-- 18
omit, insert-- 19
Working with Children (Risk Management and 20
Screening) Act 2000 21
5 Schedule 3, definition disqualifying offence, 22
`Commission for Children Act'-- 23
omit, insert-- 24
Page 69
Child Protection Reform Amendment Bill 2014
Schedule 1
Working with Children (Risk Management and 1
Screening) Act 2000 2
Child Protection (Offender Prohibition Order) Act 2008 3
1 Section 25(3), `children's commissioner'-- 4
omit, insert-- 5
chief executive (employment screening) 6
2 Section 28(4), `children's commissioner'-- 7
omit, insert-- 8
chief executive (employment screening) 9
3 Section 44(6), definition relevant Act, paragraph (d)-- 10
omit, insert-- 11
(d) for the chief executive (employment 12
screening)--the Working with Children Act. 13
4 Schedule, definitions children's commissioner, 14
exemption notice, positive exemption notice, positive 15
notice, positive notice blue card and prescribed notice-- 16
omit. 17
5 Schedule-- 18
insert-- 19
chief executive (employment screening) means 20
the chief executive of the department in which 21
the Working with Children Act is administered. 22
exemption notice means an exemption notice 23
under the Working with Children Act. 24
Page 70
Child Protection Reform Amendment Bill 2014
Schedule 1
positive exemption notice means a positive 1
exemption notice under the Working with 2
Children Act. 3
positive notice means a positive notice under the 4
Working with Children Act. 5
positive notice blue card means a positive notice 6
blue card under the Working with Children Act. 7
prescribed notice means a prescribed notice 8
under the Working with Children Act. 9
Working with Children Act means the Working 10
with Children (Risk Management and Screening) 11
Act 2000. 12
6 Schedule, definition prescribed entity, paragraph (d)-- 13
omit, insert-- 14
(d) the chief executive (employment screening). 15
Child Protection (Offender Reporting) Act 2004 16
1 Section 43-- 17
omit. 18
Community Services Act 2007 19
1 Section 144(2), note, paragraph (a), `Commission for 20
Children and Young People and Child Guardian Act 21
2000'-- 22
omit, insert-- 23
Working with Children (Risk Management and 24
Screening) Act 2000 25
Page 71
Child Protection Reform Amendment Bill 2014
Schedule 1
Coroners Act 2003 1
1 Section 71(7)(b)-- 2
omit. 3
Disability Services Act 2006 4
1 Section 76A, note, `CCYPCG Act'-- 5
omit, insert-- 6
Working with Children Act 7
2 Section 82A(1), note, `CCYPCG Act'-- 8
omit, insert-- 9
Working with Children Act 10
3 Section 82A, `CCYPCG positive notice'-- 11
omit, insert-- 12
WWC positive notice 13
4 Section 82B, `CCYPCG positive notice'-- 14
omit, insert-- 15
WWC positive notice 16
5 Section 89A, `CCYPCG positive notice'-- 17
omit, insert-- 18
WWC positive notice 19
Page 72
Child Protection Reform Amendment Bill 2014
Schedule 1
6 Section 89A(3)(c)(ii), `CCYPCG Act'-- 1
omit, insert-- 2
Working with Children Act 3
7 Section 89C(3), `CCYPCG Act'-- 4
omit, insert-- 5
Working with Children Act 6
8 Section 89C(3), `CCYPCG positive notice'-- 7
omit, insert-- 8
WWC positive notice 9
9 Section 89D, heading, `Commissioner for Children and 10
Young People and Child Guardian'-- 11
omit, insert-- 12
chief executive (employment screening) 13
10 Section 89D, `CCYPCG positive notice'-- 14
omit, insert-- 15
WWC positive notice 16
11 Section 89D(2), (4), (5)(a) and (6), `children's 17
commissioner'-- 18
omit, insert-- 19
chief executive (employment screening) 20
12 Section 89D(5)(a), `the commissioner'-- 21
omit, insert-- 22
the chief executive (employment screening) 23
Page 73
Child Protection Reform Amendment Bill 2014
Schedule 1
13 Section 89D(2)(b), `CCYPCG Act'-- 1
omit, insert-- 2
Working with Children Act 3
14 Section 89D(7), definition children's commissioner-- 4
omit, insert-- 5
chief executive (employment screening) means 6
the chief executive of the department in which 7
the Working with Children Act is administered. 8
15 Section 89F(2), `CCYPCG positive notice'-- 9
omit, insert-- 10
WWC positive notice 11
16 Section 90C(1)(b), `CCYPCG Act'-- 12
omit, insert-- 13
Working with Children Act 14
17 Section 90C(1)(b), `CCYPCG positive notice'-- 15
omit, insert-- 16
WWC positive notice 17
18 Section 105A, `CCYPCG positive notice'-- 18
omit, insert-- 19
WWC positive notice 20
19 Section 105A(1)(b), `CCYPCG Act'-- 21
omit, insert-- 22
Working with Children Act 23
Page 74
Child Protection Reform Amendment Bill 2014
Schedule 1
20 Section 105B(2)(b) and (9), `CCYPCG positive notice'-- 1
omit, insert-- 2
WWC positive notice 3
21 Section 105B(2)(b) and (9), `CCYPCG Act'-- 4
omit, insert-- 5
Working with Children Act 6
22 Section 105C, `CCYPCG positive notice'-- 7
omit, insert-- 8
WWC positive notice 9
23 Section 105C(1)(b), `CCYPCG Act'-- 10
omit, insert-- 11
Working with Children Act 12
24 Part 10, division 6A, heading, `CCYPCG positive notice'-- 13
omit, insert-- 14
WWC positive notice 15
25 Section 107B, `CCYPCG positive notice'-- 16
omit, insert-- 17
WWC positive notice 18
26 Section 107C, `CCYPCG positive notice'-- 19
omit, insert-- 20
WWC positive notice 21
Page 75
Child Protection Reform Amendment Bill 2014
Schedule 1
27 Section 108, definition part 10 reviewable decision, 1
`CCYPCG positive notice'-- 2
omit, insert-- 3
WWC positive notice 4
28 Section 108, definition part 10 reviewable decision, 5
paragraph (c), `CCYPCG Act'-- 6
omit, insert-- 7
Working with Children Act 8
29 Section 117(5A)(a), `CCYPCG positive notice'-- 9
omit, insert-- 10
WWC positive notice 11
30 Section 117(5A)(a), `CCYPCG Act'-- 12
omit, insert-- 13
Working with Children Act 14
31 Section 256, note, paragraph (b), `CCYPCG Act'-- 15
omit, insert-- 16
Working with Children Act 17
32 Schedule 7, definitions CCYPCG Act, CCYPCG positive 18
notice and Commissioner for Children and Young People 19
and Child Guardian-- 20
omit. 21
33 Schedule 7-- 22
insert-- 23
Page 76
Child Protection Reform Amendment Bill 2014
Schedule 1
Working with Children Act means the Working 1
with Children (Risk Management and Screening) 2
Act 2000. 3
WWC positive notice means a positive notice 4
issued under the Working with Children Act. 5
Education (Accreditation of Non-State Schools) Act 6
2001 7
1 Section 15, `Commission for Children and Young People 8
and Child Guardian Act 2000'-- 9
omit, insert-- 10
Working with Children Act 11
2 Section 140, `Commission for Children and Young People 12
and Child Guardian Act 2000'-- 13
omit, insert-- 14
Working with Children Act 15
3 Section 146(2), `Commission for Children and Young 16
People and Child Guardian Act 2000'-- 17
omit, insert-- 18
Working with Children Act 19
4 Section 168, `Commission for Children and Young People 20
and Child Guardian Act 2000'-- 21
omit, insert-- 22
Working with Children Act 23
Page 77
Child Protection Reform Amendment Bill 2014
Schedule 1
5 Schedule 3, definitions positive exemption notice and 1
positive notice, `Commission for Children and Young 2
People and Child Guardian Act 2000'-- 3
omit, insert-- 4
Working with Children Act 5
6 Schedule 3-- 6
insert-- 7
Working with Children Act means the Working 8
with Children (Risk Management and Screening) 9
Act 2000. 10
Education and Care Services Act 2013 11
1 Section 15(1), note, `Commissioner's Act'-- 12
omit, insert-- 13
Working with Children Act 14
2 Section 25(g), `Commissioner's Act'-- 15
omit, insert-- 16
Working with Children Act 17
3 Section 39, `Commissioner's Act'-- 18
omit, insert-- 19
Working with Children Act 20
4 Part 3, division 7, heading, `children's commissioner'-- 21
omit, insert-- 22
chief executive (employment screening) 23
Page 78
Child Protection Reform Amendment Bill 2014
Schedule 1
5 Section 91, `children's commissioner'-- 1
omit, insert-- 2
chief executive (employment screening) 3
6 Section 91, `Commissioner's Act'-- 4
omit, insert-- 5
Working with Children Act 6
7 Section 191, `children's commissioner'-- 7
omit, insert-- 8
chief executive (employment screening) 9
8 Section 200, heading, `children's commissioner'-- 10
omit, insert-- 11
chief executive (employment screening) 12
9 Section 200(1), `children's commissioner'-- 13
omit, insert-- 14
chief executive (employment screening) 15
10 Section 200(2), (3) and (5), `commissioner'-- 16
omit, insert-- 17
chief executive (employment screening) 18
11 Section 200(3)(b), `commissioner's'-- 19
omit. 20
12 Section 200(4)(c), `Commissioner's Act'-- 21
omit, insert-- 22
Page 79
Child Protection Reform Amendment Bill 2014
Schedule 1
Working with Children Act 1
13 Part 10, division 1, heading, `Commission for Children 2
and Young People and Child Guardian Act 2000'-- 3
omit, insert-- 4
Working with Children (Risk Management and 5
Screening) Act 2000 6
14 Section 237(1), `Commissioner's Act'-- 7
omit, insert-- 8
Working with Children Act 9
15 Section 239, `Commissioner's Act'-- 10
omit, insert-- 11
Working with Children Act 12
16 Section 239(2), note, `children's commissioner'-- 13
omit, insert-- 14
chief executive (employment screening) 15
17 Schedule 1, definitions apply for an exemption notice, 16
apply for a prescribed notice, children's commissioner, 17
Commissioner's Act, exemption notice, negative 18
exemption notice, negative notice, positive exemption 19
notice, positive notice and prescribed notice-- 20
omit. 21
18 Schedule 1-- 22
insert-- 23
apply for an exemption notice means apply for 24
an exemption notice under the Working with 25
Children Act. 26
Page 80
Child Protection Reform Amendment Bill 2014
Schedule 1
apply for a prescribed notice means apply for a 1
prescribed notice under the Working with 2
Children Act. 3
chief executive (employment screening) means 4
the chief executive of the department in which 5
the Working with Children Act is administered. 6
exemption notice means an exemption notice 7
under the Working with Children Act. 8
negative exemption notice means a negative 9
exemption notice under the Working with 10
Children Act. 11
negative notice means a negative notice under 12
the Working with Children Act. 13
positive exemption notice means a positive 14
exemption notice under the Working with 15
Children Act. 16
positive notice means a positive notice under the 17
Working with Children Act. 18
prescribed notice means a prescribed notice 19
under the Working with Children Act. 20
Working with Children Act means the Working 21
with Children (Risk Management and Screening) 22
Act 2000. 23
Education and Care Services National Law 24
(Queensland) Act 2011 25
1 Section 16, `Commission for Children and Young People 26
and Child Guardian Act 2000'-- 27
omit, insert-- 28
Working with Children (Risk Management and 29
Screening) Act 2000 30
Page 81
Child Protection Reform Amendment Bill 2014
Schedule 1
2 Part 3, heading, `Commissioner's Act'-- 1
omit, insert-- 2
Working with Children Act 3
3 Section 19-- 4
omit, insert-- 5
19 Definitions for pt 3 6
In this part-- 7
chief executive (employment screening) means 8
the chief executive of the department in which 9
the Working with Children Act is administered. 10
exemption notice means an exemption notice 11
under the Working with Children Act. 12
prescribed notice means a prescribed notice 13
under the Working with Children Act. 14
Working with Children Act means the Working 15
with Children (Risk Management and Screening) 16
Act 2000. 17
4 Section 20, `Commissioner's Act'-- 18
omit, insert-- 19
Working with Children Act 20
5 Section 20, `children's commissioner'-- 21
omit, insert-- 22
chief executive (employment screening) 23
6 Section 21, `Commissioner's Act'-- 24
omit, insert-- 25
Working with Children Act 26
Page 82
Child Protection Reform Amendment Bill 2014
Schedule 1
7 Section 21, `children's commissioner'-- 1
omit, insert-- 2
chief executive (employment screening) 3
8 Section 22, `children's commissioner'-- 4
omit, insert-- 5
chief executive (employment screening) 6
9 Section 22(4), `Commissioner's Act'-- 7
omit, insert-- 8
Working with Children Act 9
10 Part 3, division 3, heading, `Commissioner's Act'-- 10
omit, insert-- 11
Working with Children Act 12
11 Section 25, `Commissioner's Act'-- 13
omit, insert-- 14
Working with Children Act 15
12 Section 26, `Commissioner's Act'-- 16
omit, insert-- 17
Working with Children Act 18
Education (General Provisions) Act 2006 19
1 Schedule 4, definition serious offence-- 20
omit, insert-- 21
Page 83
Child Protection Reform Amendment Bill 2014
Schedule 1
serious offence see the Working with Children 1
(Risk Management and Screening) Act 2000, 2
section 167. 3
Education (Queensland College of Teachers) Act 2005 4
1 Section 14(2)(c), `Commissioner's Act'-- 5
omit, insert-- 6
Working with Children Act 7
2 Section 14(2)(c)(i)(A), `CCYPCG fee'-- 8
omit, insert-- 9
employment-screening fee 10
3 Section 14(7)-- 11
omit, insert-- 12
(7) Subsection (8) applies if-- 13
(a) the person is the holder of a positive notice 14
under the Working with Children Act; and 15
(b) the application was accompanied by the 16
employment-screening fee and not the 17
criminal history check fee; and 18
(c) before the application is decided, the 19
college-- 20
(i) is given advice by the chief executive 21
(employment screening) under section 22
15D(2)(c); or 23
(ii) otherwise becomes aware there is 24
police information about the person. 25
Page 84
Child Protection Reform Amendment Bill 2014
Schedule 1
4 Section 14(10), definition CCYPCG fee-- 1
omit, insert-- 2
employment-screening fee means the fee 3
prescribed by regulation under the Working with 4
Children Act for obtaining information from the 5
chief executive (employment screening) under 6
section 15D. 7
5 Section 15(9)(a)(i), `Commissioner's Act'-- 8
omit, insert-- 9
Working with Children Act 10
6 Section 15D, `children's commissioner'-- 11
omit, insert-- 12
chief executive (employment screening) 13
7 Section 15D(1) and (2), `Commissioner's Act'-- 14
omit, insert-- 15
Working with Children Act 16
8 Section 15D(5)(a), `the commissioner'-- 17
omit, insert-- 18
he or she 19
9 Section 285, `children's commissioner'-- 20
omit, insert-- 21
chief executive (employment screening) 22
10 Section 285(1)(b), (4)(b) and (5)(c), `Commissioner's 23
Act'-- 24
omit, insert-- 25
Page 85
Child Protection Reform Amendment Bill 2014
Schedule 1
Working with Children Act 1
11 Section 285(7), `the commissioner'-- 2
omit, insert-- 3
the chief executive (employment screening) 4
12 Section 285A, `children's commissioner'-- 5
omit, insert-- 6
chief executive (employment screening) 7
13 Section 285A(1)(b) and (3)(g), `Commissioner's Act'-- 8
omit, insert-- 9
Working with Children Act 10
14 Section 285A(5), `the commissioner'-- 11
omit, insert-- 12
the chief executive (employment screening) 13
15 Section 285B, `children's commissioner'-- 14
omit, insert-- 15
chief executive (employment screening) 16
16 Section 285B(1)(b) and (4), `Commissioner's Act'-- 17
omit, insert-- 18
Working with Children Act 19
17 Section 348(3), definition disqualifying offence, 20
`Commissioner's Act'-- 21
omit, insert-- 22
Working with Children Act 23
Page 86
Child Protection Reform Amendment Bill 2014
Schedule 1
18 Schedule 3, definitions children's commissioner and 1
Commissioner's Act-- 2
omit. 3
19 Schedule 3-- 4
insert-- 5
chief executive (employment screening) means 6
the chief executive of the department in which 7
the Working with Children Act is administered. 8
Working with Children Act means the Working 9
with Children (Risk Management and Screening) 10
Act 2000. 11
20 Schedule 3, definition serious offence, `Commissioner's 12
Act'-- 13
omit, insert-- 14
Working with Children Act 15
Evidence Act 1977 16
1 Section 93AA(2A), `CCYPCG commissioner'-- 17
omit, insert-- 18
chief executive (employment screening) 19
2 Section 93AA(2A) and (2B), `CCYPCG Act'-- 20
omit, insert-- 21
Working with Children Act 22
3 Section 93AA(2B), `CCYPCG commissioner'-- 23
omit, insert-- 24
Page 87
Child Protection Reform Amendment Bill 2014
Schedule 1
former CCYPCG commissioner or the chief executive 1
(employment screening) 2
4 Section 93AA, `a CCYPCG employment-screening 3
decision'-- 4
omit, insert-- 5
an employment-screening decision 6
5 Section 93AA(2C), (2E) and (2F), `relevant CCYPCG 7
applicant'-- 8
omit, insert-- 9
WWC applicant 10
6 Section 93AA(3), definitions CCYPCG Act, CCYPCG 11
commissioner, CCYPCG employment-screening decision 12
and relevant CCYPCG applicant-- 13
omit. 14
7 Section 93AA(3)-- 15
insert-- 16
chief executive (employment screening) means 17
the chief executive of the department in which 18
the Working with Children Act is administered. 19
employment-screening decision means an 20
employment-screening decision under the 21
Working with Children Act. 22
former CCYPCG commissioner means the 23
Commissioner for Children and Young People 24
and Child Guardian before the commencement of 25
this definition. 26
Working with Children Act means the Working 27
with Children (Risk Management and Screening) 28
Act 2000. 29
Page 88
Child Protection Reform Amendment Bill 2014
Schedule 1
WWC applicant, for a section 93A transcript, 1
means a person-- 2
(a) who allegedly committed the alleged 3
offence to which the transcript relates; and 4
(b) about whom the former CCYPCG 5
commissioner or the chief executive 6
(employment screening) has made, or the 7
chief executive (employment screening) is 8
about to make, an employment-screening 9
decision. 10
Family Responsibilities Commission Act 2008 11
1 Section 20(3), definition serious offence, paragraph (b), 12
`Commission for Children and Young People and Child 13
Guardian Act 2000'-- 14
omit, insert-- 15
Working with Children (Risk Management and 16
Screening) Act 2000 17
2 Section 92(4), definition relevant entity, paragraph (a)-- 18
omit. 19
Grammar Schools Act 1975 20
1 Section 46G(5), `Commission for Children and Young 21
People and Child Guardian Act 2000'-- 22
omit, insert-- 23
Working with Children (Risk Management and 24
Screening) Act 2000 25
Page 89
Child Protection Reform Amendment Bill 2014
Schedule 1
Parliament of Queensland Act 2001 1
1 Section 67(1)(e)-- 2
omit. 3
Police Powers and Responsibilities Act 2000 4
1 Chapter 23, part 1A-- 5
omit, insert-- 6
Part 1A Provision for Working 7
with Children (Risk 8
Management and 9
Screening) Act 2000 10
789A Power to demand production of 11
employment-screening document 12
(1) This section applies if a police officer knows or 13
reasonably suspects-- 14
(a) a person is the holder of an 15
employment-screening document; and 16
(b) any of the following apply to the person-- 17
(i) the person has been charged with a 18
disqualifying offence; 19
(ii) the person is a relevant disqualified 20
person. 21
(2) The police officer may require the person to 22
immediately give the employment-screening 23
document to the police officer. 24
(3) The person must comply with the requirement 25
under subsection (2), unless the person has a 26
reasonable excuse. 27
Maximum penalty--100 penalty units. 28
Page 90
Child Protection Reform Amendment Bill 2014
Schedule 1
(4) A police officer who is given a person's 1
employment-screening document under 2
subsection (2) must give the person a receipt for 3
the document. 4
(5) A police officer must give the 5
employment-screening document to the chief 6
executive (employment screening). 7
(6) A police officer may retain the 8
employment-screening document until it is given 9
to the chief executive (employment screening) 10
under subsection (5). 11
(7) For exercising a power under subsection (2), the 12
police officer is taken to be investigating a matter 13
as mentioned in section 19. 14
(8) In this section-- 15
chief executive (employment screening) means 16
the chief executive of the department in which 17
the Working with Children Act is administered. 18
disqualifying offence means a disqualifying 19
offence within the meaning of the Working with 20
Children Act. 21
employment-screening document means-- 22
(a) a positive notice within the meaning of the 23
Working with Children Act; or 24
(b) a positive notice blue card within the 25
meaning of the Working with Children Act; 26
or 27
(c) a positive exemption notice within the 28
meaning of the Working with Children Act. 29
relevant disqualified person means a relevant 30
disqualified person within the meaning of the 31
Working with Children Act. 32
Working with Children Act means the Working 33
with Children (Risk Management and Screening) 34
Act 2000. 35
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Child Protection Reform Amendment Bill 2014
Schedule 1
Public Service Act 2008 1
1 Section 150, definitions CCYPCG Act, CCYPCG 2
commission, CCYPCG commissioner, positive exemption 3
notice, positive prescribed notice and regulated 4
employment-- 5
omit. 6
2 Section 150-- 7
insert-- 8
chief executive (employment screening) means 9
the chief executive of the employment-screening 10
department. 11
employment-screening department means the 12
department in which the Working with Children 13
Act is administered. 14
positive exemption notice means a positive 15
exemption notice under the Working with 16
Children Act. 17
positive prescribed notice means a positive 18
notice under the Working with Children Act. 19
regulated employment see the Working with 20
Children Act, section 156. 21
Working with Children Act means the Working 22
with Children (Risk Management and Screening) 23
Act 2000. 24
3 Section 151, `CCYPCG Act'-- 25
omit, insert-- 26
Working with Children Act 27
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Child Protection Reform Amendment Bill 2014
Schedule 1
4 Section 151(2), `CCYPCG commission'-- 1
omit, insert-- 2
employment-screening department 3
5 Section 156, `CCYPCG Act'-- 4
omit, insert-- 5
Working with Children Act 6
6 Section 156(2), `CCYPCG commission'-- 7
omit, insert-- 8
employment-screening department 9
7 Section 157, `CCYPCG Act'-- 10
omit, insert-- 11
Working with Children Act 12
8 Section 158(3), `CCYPCG Act'-- 13
omit, insert-- 14
Working with Children Act 15
9 Section 159(2), `CCYPCG commissioner'-- 16
omit, insert-- 17
chief executive (employment screening) 18
10 Section 159(3), `CCYPCG Act'-- 19
omit, insert-- 20
Working with Children Act 21
Page 93
Child Protection Reform Amendment Bill 2014
Schedule 1
11 Section 161(1)(c)(i), `CCYPCG Act'-- 1
omit, insert-- 2
Working with Children Act 3
12 Section 162(2)(c)(i), `CCYPCG Act'-- 4
omit, insert-- 5
Working with Children Act 6
13 Section 163, `CCYPCG Act'-- 7
omit, insert-- 8
Working with Children Act 9
14 Section 165A(1), `CCYPCG commissioner'-- 10
omit, insert-- 11
chief executive (employment screening) 12
15 Section 165A(1)(b), `CCYPCG Act'-- 13
omit, insert-- 14
Working with Children Act 15
16 Section 170(7), definition disqualifying offence, `CCYPCG 16
Act'-- 17
omit, insert-- 18
Working with Children Act 19
17 Schedule 1, entry for Commission for Children and Young 20
People and Child Guardian-- 21
omit. 22
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Child Protection Reform Amendment Bill 2014
Schedule 1
18 Schedule 4, definitions CCYPCG Act, CCYPCG 1
commission and CCYPCG commissioner-- 2
omit. 3
19 Schedule 4-- 4
insert-- 5
chief executive (employment screening) see 6
section 150. 7
employment-screening department see section 8
150. 9
Working with Children Act see section 150. 10
Transport Operations (Passenger Transport) Act 1994 11
1 Section 28B(3A) to (6)-- 12
omit, insert-- 13
(3A) Subsection (4) applies only if the person has been 14
convicted of a category B driver disqualifying 15
offence that is also a serious offence or 16
disqualifying offence under the Working with 17
Children (Risk Management and Screening) Act 18
2000 to the extent that any qualification under 19
that Act applies to the serious offence or 20
disqualifying offence. 21
(4) The chief executive must ask the chief executive 22
(employment screening) whether the chief 23
executive (employment screening) considers an 24
exceptional case exists. 25
(4A) For subsection (4), the chief executive may give 26
to the chief executive (employment screening) 27
the information, including any written 28
representations mentioned under subsection 29
(3)(c), the chief executive reasonably considers 30
necessary for the chief executive (employment 31
Page 95
Child Protection Reform Amendment Bill 2014
Schedule 1
screening) to consider whether an exceptional 1
case exists. 2
(4B) Also for subsection (4), the chief executive is 3
taken to have made the request under that 4
subsection if the chief executive obtains 5
confirmation from the chief executive 6
(employment screening) that a person is the 7
holder of a current positive notice under the 8
Working with Children (Risk Management and 9
Screening) Act 2000. 10
(5) The chief executive (employment screening) may 11
give the chief executive the advice requested 12
under subsection (4). 13
(5A) However, if subsection (4B) applies, the chief 14
executive (employment screening) is taken to 15
have advised the chief executive that the chief 16
executive (employment screening) considers that 17
an exceptional case exists. 18
(6) Without limiting the chief executive's power to 19
take the exclusion action if the advice of the chief 20
executive (employment screening) was requested 21
under subsection (4), the chief executive-- 22
(a) must take the advice of the chief executive 23
(employment screening) into account; and 24
(b) can not be satisfied that an exceptional case 25
exists if the chief executive (employment 26
screening) advises the chief executive that 27
the chief executive (employment screening) 28
considers an exceptional case does not exist. 29
2 Section 28B(9)-- 30
omit. 31
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Child Protection Reform Amendment Bill 2014
Schedule 1
3 Section 104, heading-- 1
omit, insert-- 2
104 Chief executive (employment screening) 3
4 Section 104(2), `Commissioner for Children and Young 4
People and Child Guardian'-- 5
omit, insert-- 6
chief executive (employment screening) 7
5 Section 148(6)(b), `CCYPCG Act'-- 8
omit, insert-- 9
Working with Children (Risk Management and 10
Screening) Act 2000 11
6 Schedule 3, definition CCYPCG Act-- 12
omit. 13
7 Schedule 3-- 14
insert-- 15
chief executive (employment screening) means 16
the chief executive of the department in which 17
the Working with Children (Risk Management 18
and Screening) Act 2000 is administered. 19
8 Schedule 3, definitions category A driver disqualifying 20
offence, category B driver disqualifying offence, 21
imprisonment order and relevant order, `CCYPCG Act'-- 22
omit, insert-- 23
Working with Children (Risk Management and 24
Screening) Act 2000 25
Page 97
Child Protection Reform Amendment Bill 2014
Schedule 1
Transport Operations (Road Use Management) Act 1
1995 2
1 Section 122, definition disqualifying offence, paragraph 3
(a), `Commission for Children and Young People and 4
Child Guardian Act 2000'-- 5
omit, insert-- 6
Working with Children (Risk Management and 7
Screening) Act 2000 8
Youth Justice Act 1992 9
1 Section 291-- 10
omit. 11
© State of Queensland 2014
Authorised by the Parliamentary Counsel
Page 98
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