Application of division
295 Application of division
This division applies if—
a person who holds a working with children authority is charged with a prescribed offence; or
a registered teacher holds a working with children clearance and the teacher’s teacher registration is suspended under the Education (Queensland College of Teachers) Act 2005, section 49; or
a person who holds a working with children authority also holds an interstate working with children authority and the person’s interstate working with children authority is suspended under a corresponding WWC law; or
a person holds a working with children authority and an interstate interim bar is imposed on the person.
This division also applies if—
the chief executive becomes aware of assessable information about a person who holds a working with children authority that—
was not known to the chief executive when the chief executive decided to issue the authority; and
the chief executive reasonably believes is relevant to deciding whether the person would pose a risk to the safety of children if the person continues to hold the authority, taking into account the reasonable person test in section 233 and the matters in section 234; and
the chief executive considers that if the person were permitted to engage in, or continue to engage in, regulated employment or carry on a regulated business pending the determination of the person’s continuing eligibility to hold an authority, the person would pose a risk to the safety of children.
For subsection (1), a prescribed offence is—
an offence against a provision of an Act mentioned in schedule 2 or 4, column 1, subject to any qualification mentioned in column 3 opposite the provision; or
an offence of counselling or procuring the commission of an offence of a kind mentioned in paragraph (a); or
an offence of attempting, or of conspiring, to commit an offence of a kind mentioned in paragraph (a); or
an offence that has, as an element, an intention to commit an offence of a kind mentioned in paragraph (a); or
an offence that, at the time it was committed, or is alleged to have been committed, was an offence of a kind mentioned in paragraph (a); or
another offence that is a reportable offence under the Offender Reporting Act that is not otherwise a prescribed offence; or
an offence under a law of another jurisdiction that, if it had been committed in Queensland, would have constituted an offence mentioned in paragraph (a) to (f).
For subsection (3), it is immaterial if a provision mentioned in schedule 2 or 4, column 1 for an Act has been amended from time to time or that the provision was previously numbered with a different number.
This provision refers to the regulations (prescribed offence
). Made under this Act:
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