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Working with Children (Risk Management and Screening) Act 2000 – 1 October 2016

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Working with Children (Risk Management and Screening) Act 2000 – 1 October 2016

Working with Children (Risk Management and Screening) Regulation 2011 – 1 July 2016

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A person who employs someone else in employment that is regulated employment (and a person who carries on a regulated business) must, for each year, develop and implement a written strategy that: (a) implements employment practices and procedures to promote the wellbeing of a child affected by the regulated employment/business and to protect the child from harm; and (b) includes the matters prescribed under a regulation. The matters prescribed under regulation are set out in regulation 3 of the Working with Children (Risk Management and Screening) Regulation 2011. For what constitutes ‘regulated employment’ and ‘regulated business’, refer to Schedule 1 of the Act. For the definition of ‘business’, refer to the Schedule 7 dictionary.

  • Sections 3, 156, 171, 172, Schedules 1, 7; Regulations 3, 6, Schedule 3

A person who may be a disqualified person (defined in section 169 of the Act) may apply to the government in the approved form for an eligibility declaration that the person is not a disqualified person and is eligible to sign or make an application for a prescribed notice. It is relevant to note that the government may issue an eligibility declaration to a person only if the person has been convicted of a disqualifying offence and is not a relevant disqualified person. For the definition of ‘disqualifying offence’, refer to section 168 of the Act. For the definition of ‘relevant disqualified person’, refer to section 170 of the Act.

  • Sections 168, 169, 170, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, Schedule 4

In most instances, a person must not ‘employ’ a volunteer in a regulated employment environment unless the employee has a current positive notice and the employer has notified the government that the employer is proposing to employ the volunteer in regulated employment. For the definition of ‘volunteer’, refer to the section 165 of the Act.

  • Sections 156, 161, 165, 176, 187, 188, 248, 249, 250, 251, Schedule 1; Regulation 6, Schedule 3

In most instances, an employer must not continue to employ an employee that does not have a current positive notice in regulated employment unless the employer has applied for a prescribed notice, or further prescribed notice, about the employee. Note: Employment is prohibited if the employer is aware that a negative notice or negative exemption notice has been issued to the employee and the notice is current. The application for a prescribed notice will either result in a positive or negative notice. A positive notice remains current for 3 years unless earlier cancelled.

  • Sections 3, 156, 161, 191, 194, 195, 199, 200, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 231, 232, 233, 234, 248, 252, 256, 253, 260, 261, 281, 282, 289, 356, Schedules 1, 7; Regulation 6, Schedule 3

In most instances, an employer must not employ an employee in regulated employment unless: (a) the employee has a current positive notice and the employer has notified the government that the employer is proposing to employ the employee in regulated employment; or (b) the employer has applied for a prescribed notice about the employee. Note: Employment is prohibited if the employer is aware that a negative notice or negative exemption notice has been issued to the employee and the notice is current. The application for a prescribed notice will either result in a positive or negative notice. A positive notice remains current for 3 years unless earlier cancelled.

  • Sections 3, 156, 161, 176, 192, 193, 194, 195, 199, 200, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 231, 232, 233, 234, 248, 249, 252, 254, 255, 256, 260, 261, 281, 282, 289, 356, Schedules 1, 7; Regulation 6, Schedule 3

In most instances, a person must not carry on a regulated business unless the person has a current positive notice. An application for the prescribed notice may be made to the government pursuant to section 211 of the Act. An application must be in the approved form. The application for a prescribed notice will either result in a positive or negative notice. A positive notice remains current for 3 years unless earlier cancelled.

  • Sections 156, 166, 197, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 231, 232, 233, 234, 248, 259, 272, 273, 281, 282, 289, Schedule 1

If a person holds a current positive notice blue card, the card is evidence of the person holding a current positive notice.

  • Section 375
Reason for law

To promote and protect the rights, interests and wellbeing of children and young people in Queensland. (Section 5)

Relevant links

Blue card services [Queensland Government]

Forms

Information sheets

Child and youth risk management strategies

Online validation: check if a blue card or exemption card is valid

Children and young people [Queensland Civil and Administrative Tribunal]

Suggested links

Wantu [App]

Critique

Section 166 contains a reference to section 383 which has been repealed.

Section 357Q contains the phrase ‘nolle prosequi’. This phrase may not be understood by members of the public.

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PLEASE NOTE: The information published on this webpage may be out-of-date. Please compare the currency date of the Act/Regulation against that published on the Office of the Queensland Parliamentary Counsel website. If you require access to Commonwealth statute law, please visit the ComLaw website. If you require access to the local council laws (by-laws), please visit the Local laws database.

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