Queensland Bills Explanatory Notes Queensland Bills Explanatory Notes[Index] [Search] [Download] [Bill] [Help]
1
Child Safety Legislation Amendment Bill 2005
Child Safety Legislation Amendment Bill
2005
Explanatory Notes for Amendments to be
moved during consideration in detail by The
Honourable Mike Reynolds AM MP, Minister for
Child Safety
Title of the Bill
The short title of the Bill is the Child Safety Legislation Amendment Bill
2005.
Objectives of the Amendments
The reason for the amendment is to achieve a legislative framework for
daily monitoring of relevant persons' criminal history which is consistent
with that established by the Queensland Police Service for the Commission
for Children and Young People and Child Guardian.
Achievement of the Objectives
To meet this objective, the proposed section 142D in the Child Safety
Legislation Amendment Bill 2005 (the Bill) enables the Police
Commissioner to notify the chief executive about a change in a person's
police information so as to enable electronic systems to be established for
daily monitoring. While section 142D has been modelled on section 122A
of the Commission for Children and Young People and Child Guardian Act
2000 (the Commission Act), it is different because section 122A of the
Commission Act only anticipates that a change in police information arises
if a charge is laid against a person, whereas section 142D captures any
change, including the receipt of investigative information.
The structure of section 142D anticipates a two-step notification process.
Firstly, the Police Commissioner would notify the chief executive that there
has been a change in the police information of a person whom the Police
Commissioner reasonably suspects is a person whose suitability may be
investigated under section 142A (Clause 51) of the Bill. Secondly, if the
chief executive confirms the Police Commissioner's suspicion, then the
2
Child Safety Legislation Amendment Bill 2005
detail of the change is provided to the chief executive. This structure
differs from the way in which section 122A of the Commission Act has
been interpreted. Any change in a relevant person's police information is
simply transferred automatically to the Commission on a daily basis.
The reason for inserting subsection 142D(4) is to ensure that the
circumstance where a person who does not have any police information
and subsequently obtains it, is captured by the meaning of "change" in a
person's police information.
Estimated Cost of Government Implementation
This amendment will not incur any additional cost.
Consultation
The Department of the Premier and the Cabinet, the Queensland Police
Service and the Department of Justice and the Attorney-General have been
consulted.
Notes on Provisions
Clause 1 omits subsection 142D(2)(d) and inserts a new subsection
142D(2)(d).
The amendment inserts subsection 142D(2)(d) into the Bill to expressly
allow the transfer of the particulars of the offence or alleged offence, and
the date of any charge, so as to make the provision consistent with the daily
monitoring system established between the Commission for Children and
Young People and Child Guardian and the Queensland Police Service.
Clause 2 inserts a new subsection 142D(4) in clause 51 of the Bill.
The amendment inserts a new subsection 142D(4) into the Bill to clarify
that a reference in section 142D to a person's police information changing
includes, for a person for whom there is no police information, the person
becoming the subject of police information.
� State of Queensland 2005