Queensland Numbered Acts

CHILD SAFETY (CARERS) AMENDMENT ACT 2006 No. 17 - SECT 55

Before schedule 1--

insert--

'In this division--

commencement means the day on which the provision in which the term is used commences.

'(1) This section applies if, immediately before the commencement--

(a) a person (the employee) was employed or was continuing to be employed by another person (the employer) in employment that, after the commencement, is regulated employment mentioned in schedule 1, section 6G(1) or (2); and

(b) the person does not have a positive notice.

'(2) Section 127(2) does not apply to the employment of the employee.

'(3) Despite subsection (2), the employee may continue in the regulated employment and the employer may continue to employ the employee in the regulated employment until--

(a) if an application for a prescribed notice about the person is made within 6 months after the commencement and is not withdrawn--the day a prescribed notice is issued to the person; or

(b) if an application for a prescribed notice about the person is made within 6 months after the commencement and is withdrawn--the day the application is withdrawn; or

(c) if an application for a prescribed notice about the person is not made within 6 months after the commencement--6 months after the commencement.

'(4) Also, despite subsection (2), section 112 does not apply to the person until the first application for a prescribed notice about the person is made after the commencement.

'(1) This section applies if, immediately before the commencement--

(a) a person (the employee) was employed or was continuing to be employed by another person (the employer) in employment that, after the commencement, is regulated employment mentioned in schedule 1, section 6G(3); and

(b) the person does not have a positive notice.

'(2) Section 127(2) does not apply to the employment of the employee.

'(3) Despite subsection (2), the employee may continue in the regulated employment, and the employer may continue to employ the employee in the regulated employment until--

(a) if an application for a prescribed notice about the person is made within 6 months after the commencement and is not withdrawn--the day a prescribed notice is issued to the person; or

(b) if an application for a prescribed notice about the person is made within 6 months after the commencement and is withdrawn--the day the application is withdrawn; or

(c) if an application for a prescribed notice about the person is not made within 6 months after the commencement--6 months after the commencement.

'(4) Also, despite subsection (2), section 112 does not apply to the person until the first application for a prescribed notice about the person is made after the commencement.

'(1) This section applies if, immediately before the commencement--

(a) a person was carrying on a business that, after the commencement, is a regulated business mentioned in schedule 1, section 16; and

(b) the person does not have a positive notice.

'(2) Section 109 does not apply to the carrying on of the business until--

(a) if the person applies for a prescribed notice within 6 months after the commencement and does not withdraw the application--the day a prescribed notice is issued to the person; or

(b) if the person applies for a prescribed notice within 6 months after the commencement and withdraws the application--the day of the withdrawal; or

(c) if the person does not apply for a prescribed notice within 6 months after the commencement--6 months after the commencement.

'(3) Section 113 does not apply to the person until the person first applies for a prescribed notice after the commencement.

'(1) This section applies if--

(a) before the commencement, a person has applied for a certificate of approval and the application has not been decided; and

(b) after the commencement, the person is issued with the certificate of approval.

'(2) Despite section 104B, a relevant person may be employed in regulated employment mentioned in schedule 1, section 6G(1) or (2) until--

(a) if an application for a prescribed notice about the person is made within 6 months after the commencement and is not withdrawn--the day a prescribed notice is issued to the person; or

(b) if an application for a prescribed notice about the person is made within 6 months after the commencement and is withdrawn--the day the application is withdrawn; or

(c) if an application for a prescribed notice about the person is not made within 6 months after the commencement--6 months after the commencement.

'(3) Also, section 112 does not apply to a relevant person until the first application for a prescribed notice about the person is made after the commencement.

'(4) In this section--

certificate of approval means a certificate of approval under the Child Protection Act 1999.

relevant person means each of the following persons if the person does not have a positive notice--

(a) the applicant for the certificate of approval;

(b) a person who is an adult member of the applicant's household when the certificate of approval is issued.

'(1) This section applies if--

(a) before the commencement, a person has applied for a licence under the Child Protection Act 1999 and the application has not been decided; and

(b) after the commencement, the person is issued with the licence.

'(2) Section 109 does not apply to a relevant person until--

(a) if the person applies for a prescribed notice within 6 months after the commencement and does not withdraw the application--the day a prescribed notice is issued to the person; or

(b) if the person applies for a prescribed notice within 6 months after the commencement and withdraws the application--the day of the withdrawal; or

(c) if the person does not apply for a prescribed notice within 6 months after the commencement--6 months after the commencement.

'(3) Section 113 does not apply to a relevant person until the person first applies for a prescribed notice after the commencement.

'(4) In this section--

relevant person means each of the following persons if, immediately before the commencement, the person does not have a positive notice--

(a) the nominee for the licence under the Child Protection Act 1999;

(b) an executive officer of the licensee.'.