Queensland Numbered Acts

CHILD SAFETY (CARERS) AMENDMENT ACT 2006 No. 17 - SECT 12

Before chapter 5--

insert--

'(1) This section applies if--

(a) the chief executive applies for a prescribed notice about a person and, before the application is decided, the chief executive--

(i) becomes aware that the person no longer proposes to be engaged in regulated employment mentioned in the Commissioner's Act, schedule 1, section 6G(1) or (2);4 or

(ii) if the person has applied for a certificate of approval--refuses the person's application for the certificate; or

(b) the chief executive becomes aware that a person engaged in regulated employment mentioned in paragraph (a)(i) stops being engaged in the employment.

'(2) The chief executive must as soon as practicable give the children's commissioner written notice of the fact.

'(3) The notice must include--

(a) the person's name, address and date of birth; and

(b) if the person has a current positive prescribed notice--the notice's registration number under the Commissioner's Act.

'(1) The chief executive may ask the children's commissioner for the following information--

(a) information about whether a relevant person--

(i) has a current positive prescribed notice or a current negative prescribed notice; or

(ii) has a positive prescribed notice that is suspended under the Commissioner's Act; or

(iii) has a current application for a prescribed notice;

(b) if the relevant person has a positive notice--the expiry date for the notice;

(c) if the relevant person has a negative notice--the date of issue of the notice.

'(2) The children's commissioner must comply with a request under subsection (1).

'(3) In this section--

relevant person means--

(a) an applicant for a certificate of approval or an adult member of the applicant's household; or

(b) the nominee for, or a director of an applicant for or holder of, a licence.

'(1) This section applies for the application of the Commissioner's Act.

'(2) If a corporation carries on the business of a licensed care service, each of the following persons is taken to be also carrying on the business--

(a) the nominee for the licence;

(b) the directors of the licensee.

'(1) Subsection (2) applies if--

(a) a person who does not have a current positive prescribed notice is taken to be a volunteer engaged in regulated employment under the Commissioner's Act because the person becomes an adult member of--

(i) the household of an applicant for a certificate of approval; or

(ii) an approved carer's household; and

(b) an application for a prescribed notice about the person is current.

'(2) The Commissioner's Act, section 104B,5 does not apply in relation to the person while the application is current.

'(3) Subsection (4) applies if--

(a) a corporation holds a licence; and

(b) a person who does not have a current positive prescribed notice becomes the nominee for the licence or a director of the corporation; and

(c) an application for a prescribed notice about the person is current.

'(4) The Commissioner's Act, section 109(1), does not apply to the person while the application is current.'.