Matters for deciding if an individual is suitable
15 Matters for deciding if an individual is suitable
An individual is not a suitable person to operate, or to be involved in the operation of, a QEC service unless the individual—
holds a working with children authority; or
has made a working with children check (exemption) application and the application has not been decided or withdrawn.
Note—
See also the Working with Children Check Act 2000, schedule 1, section 18.
Subsection (1) applies subject to section 238.
An individual is not a suitable person to operate a QEC service if a prohibition notice is in force for the individual.
Other matters that the chief executive must consider in deciding a person’s suitability to operate a QEC service include the following—
any contravention by the person of a provision of this Act, the repealed Act or the Education and Care Services National Law (Queensland), whether or not the contravention constituted an offence;
any previous refusal of an application by the person for a child-related authority or for renewal of a child-related authority, or a suspension or cancellation of a child-related authority held by the person;
the person’s involvement in the operation of an entity so far as the operation relates to a matter mentioned in paragraph (a) or (b).
Example for paragraph (c)—
the person’s involvement, as a director of a company, in the committing of an offence against this Act by the company
In this section—
child-related authority means—
an approval under this Act; or
a licence under the repealed Child Care Act 2002 or the repealed Child Care Act 1991; or
a provider approval, service approval or supervisor certificate under the Education and Care Services National Law (Queensland); or
a licence, authority or permit, under a law of Queensland or another jurisdiction, to carry out an activity involving children.
operate, in relation to a service, includes be involved in the operation of the service.
This Act’s bill:Explanatory memorandumSecond reading speech
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