Definitions

Definitions | Serious offences

Definitions used in the Working with Children Check

See the following definitions for explanations of terms used in the Working with Children Check applications.

''Active recreation''

Schedule 4 of the Commission for Children and Young People and Child Guardian Act 2000 defines active recreation as a form of physical exertion or activity engaged in for the purpose of relaxation or enjoyment that is not based on formal competition. See also definition of "sport".

''Adjunct care''

Adjunct care is child care provided to a child-

in conjunction with a meeting, function or other activity involving a relative or guardian of the child (excluding paid employment of the relative or guardian); and
on the premises in which the meeting, function or other activity is taking place; and
for not more than 3 hours on each occasion the care is provided.

''Amusement park''

Amusement park includes a park that is permanent or temporary but does not include an amusement arcade.

"Child"

Section 36 of the Acts Interpretation Act 1954 defines a child as an individual who is under 18.

''Child accommodation service''

A child accommodation service is defined as a service for which the main purpose is to provide accommodation for children but does not include-

Child Protection Act 1999

Residential Tenancies Act 1994.

''Child care''

Child care is care of a child provided by-

someone other than a relative or guardian of the child; and
for reward; and
in the course of a service for regularly providing care of children.

''Child care centre''

A child care centre is the premises in which child care is provided under a licence for a centre based service under the Child Care Act 2002 (Qld).

''Child care service''

A service which regularly provides child care, but it does not include any of the following services:

preschool education conducted by a school that also provides primary education
primary, secondary and special education provided by a school
those principally conducted to provide:

those where the children are usually different each time the care is provided
a service in which the only child care provided is:

a service under the Child Protection Act 1999, a licensed care service, departmental care service or service provided as an approved foster carer, or
one prescribed under a regulation not to be a child care service.

''Commercial service''

A commercial service is a service operated on a commercial basis.

“Counselling service”

A counselling service means a service that provides or purports to provide, on a professional basis, help or guidance to persons to resolve personal, social or emotional problems or difficulties.

''Disciplinary information''

Schedule 4 of the Commission for Children and Young People and Child Guardian Act 2000 defines “disciplinary information” as information received by the Commissioner under any of the following-

a) the Child Care Act 2002, section 50A or 107A
b) the Child Protection Act 1999, section 140A
c) the Education ( Queensland College of Teachers) Act 2005 , section 285, or the repealed Education (Teacher Registration) Act 1988, section 71B
d) the Health Practitioners (Professional Standards) Act 1999, section 384A
e) the Nursing Act 1992, section 139A.

“Disqualifying Offence”

A disqualifying offence is an offence against a provision of an Act mentioned in schedule 2B or 2C, column 1 of the Commission’s Act, subject to any qualification relating to the provision mentioned opposite in column 3.

A disqualifying offence also includes:

any offence under a law of a foreign jurisdiction that, if it had been committed in Queensland, would have constituted a disqualifying offence of a kind mentioned in subsection (1); or
an offence of counselling or procuring the commission of a disqualifying offence; or
an offence of attempting, or of conspiring, to commit a disqualifying offence; or
an offence that has, as an element, intention to commit a disqualifying offence, or
an offence that, at the time it was committed was an offence now categorised as a disqualifying offence.

“Disqualified Person”

A person is a disqualified person if they:

have been convicted of a disqualifying offence (including a child-related sex or pornography offence, or murder of a child), or
are a reportable offender with current reporting obligations under the Child Protection (Offender Reporting) Act 2004, or
are subject to a child protection offender prohibition order, or
are subject to a disqualification order prohibiting them from applying for or holding a blue card.

''Education Provider''

Schedule 4 of the Commission for Children and Young People and Child Guardian Act 2000 defines “education provider” as-

a) a university established by an Act or a law of the Commonwealth or another State, or
b) the university company within the meaning of the Bond University Act 1987, or
c) a registered training organisation within the meaning of the Vocational Education, Training and Employment Act 2000, section 19, or
d) an overseas higher education institution within the meaning of the Higher Education (General Provisions) Act 2003, schedule 2 in relation to which there is an approval under part 3 of that Act, or
e) a non-university provider within the meaning of the Higher Education (General Provisions) Act 2003, schedule 2 in relation to which there is an accreditation for an accredited course under part 4 of that Act, or
f) an interstate university within the meaning of the Higher Education (General Provisions) Act 2003, schedule 2 in relation to which there is an approval under section 63 of that Act.

“Eligibility Declaration Application”

Means an application to the Commissioner for an ‘eligibility declaration’

“Eligibility Declaration”

A declaration issued by the Commission that a person is not a disqualified person and is eligible to sign an application form.

''Employment''

A person is employing another person if there is an agreement with the other person to carry out work, irrespective of the nature of that work. Regardless of the following-

a) whether the agreement is written or unwritten; and
b) whether the work is carried out voluntarily or for financial reward; and
c) what a person’s motivation is for carrying out the work; and
d) the time for which the person is engaged to carry out the work; and
e) whether the agreement provides for the person to carry out work on 1 occasion or on an ongoing basis, whether regularly or irregularly.

Examples of employment

A person is engaged by a school as a cleaner under a written contract of employment.
A person orally agrees with the manager of a club to coach a children’s sporting team during a season.
The manager of a counselling organisation agrees with an adult student that the adult student attend the organisation’s office each day during a semester and carry out various duties.
A tour operator arranges with the parents of a family to provide a child accommodation service in their home to an international student.

The exception to this is where an education provider arranges for a trainee student to carry out work for another organisation. In such a case, the education provider may complete the employer details on the application form but the employer is the person for whom the trainee student is to carry out work, not the education provider.

"Entity"

A non state school entity means-

the school’s governing body under the Education (Accreditation of Non-State Schools) Act 2001; or
a staff member of the school given written authorisation by the governing body for the purpose of enabling flexible arrangements for a student, instead of the student taking part in the school’s educational programs in the usual way.

A state educational entity means the chief executive.

"Executive Officer of a Parent and Citizens Association under the Education (General Provisions) Act"

An executive officer of an association means an officer of the executive committee. An executive committee comprises the president, vice-president or vice presidents (if more than 1), secretary and treasurer.

"Executive Officer of a Corporation"

An executive officer of a corporation means any person, by whatever name called and whether or not the person is a director of the corporation, who is concerned or takes part in the management of the corporation.

"Final Offender Prohibition Order"

Means a final order under the Child Protection (Offender Prohibition Order) Act 2008.

"Government Entity"

Section 21 of the Public Service Act 1996 (Qld) defines a "government entity" as:

However, the following entities are not considered to be "government entities":

Police Service Administration Act

Education (General Provisions) Act

"Government Service Provider"

Section 9 of the Commission for Children and Young People and Child Guardian Act 2000 defines a "government service provider" as a government entity or a local government.

“Health service”

A health service means any of the following –

a service for maintaining, improving, restoring or caring for a person’s health or wellbeing that is any of the following–

a service provided at a hospital, community health facility or other health facility;
a medical service;
a service provided by a midwife or nurse within the meaning of the Nursing Act 1992;
a service provided by a paramedic or ambulance officer;
a service providing personal care to a person who is ill, injured or otherwise infirm;

Examples of providing personal care –
- help with personal hygiene
- help with dressing
a service providing respite care;
a service provided by a practitioner of hypnosis, naturopathy, acupuncture or another form of natural or alternative health care;
a massage service, including a massage service for relaxation;
a service that is of the nature of, and provided as part of, a service provided by a registered health practitioner or a service mentioned in subparagraphs (i) to (viii);

Examples for subparagraph (ix) –
- a service provided by a student on a practicum placement as part of the student’s training to become a registered health practitioner
- a service provided by an aide to a natural or alternative health care practitioner
- a service provided by a ward assistant whose duties include lifting and turning bedridden patients or moving patients from place to place in a hospital
a service prescribed under a regulation to be a health service.

"Hospital”

Schedule 5 of the Health Quality and Complaints Commission Act 2006 defines hospital as a public sector hospital, a private health facility or the Mater Misericordiae Public Hospitals.

"Home based service"

A home based service is a service regularly providing child care in 1 or more homes.

“Imprisonment Order”

Means either of the following orders—

a) an order of a court that convicts a person for an offence, if the order includes a penalty that includes imprisonment for the offence, whether wholly or partially suspended;

b) an intensive correction order under the Penalties and Sentences Act 1992 or an order of another jurisdiction that substantially corresponds to an intensive correction order; but

c) does not include an order of imprisonment that is imposed as a consequence of a breach of a community service order or probation order within the meaning of the Penalties and Sentences Act 1992 .

''Investigative Information''

Section 121A of the Commission for Children and Young People and Child Guardian Act 2000 defines “investigative information” as information gathered by the Queensland Police Service as part of an investigation into an alleged offence, which did not result in the matter proceeding to a charge against a person.

Strict parameters have been set around the type of investigative information that may be forwarded by the Police Commissioner to the Commission. These are:

that there is or was evidence of acts or omissions that constituted a serious child-related offence

that the police investigated the alleged offence

that the applicant was formally notified by being asked to participate in an interview, by participating in an interview, or otherwise being given the opportunity to answer the allegations

that there was sufficient evidenced available capable of establishing each element of the alleged offence, and

despite the above criteria, a decision was made not to charge the person because the complainant died before the charge was brought, or the complainant was unwilling to proceed, or the complainant’s parent or guardian decided that in the interests of the complainant, the matter should not proceed.

"Licensed care service"

A Licensed care service is a service, operated under a licence, to provide care for children in the custody or guardianship of the chief executive of the relevant government department.

"Penalty Unit"

Section 5 of the Penalties and Sentences Act 1992 (Qld) stipulates how much a "penalty unit" is worth. Currently, a penalty unit is worth $75. So for example, if a penalty for an offence is 10 penalty units, that means a fine of $750.

"Person"

If the person is a corporation each executive officer of the corporation whose principal place of residence is in Australia must have a current positive notice.

“Police Information”

Police information includes:

charges or convictions with an offence, whether or not a conviction was recorded;
whether an applicant becomes a respondent to, or is subject to, an application for a child protection prohibition order or disqualification order; or
whether an applicant is subject to, or becomes subject to, reporting obligations under the Child Protection (Offender Reporting) Act 2004.

"Prescribed Person"

Means a Justice, Commissioner for Declarations, Lawyer or Police Officer.

"Provider"

In relation to arrangements for a student, means an entity directly involved in providing a program to the student under the arrangement.

"Recognised Body"

Recognised body means:

Collections Act 1966

"Registered Health Practitioner"

Schedule 4 of the Commission for Children and Young People and Child Guardian Act 2000 defines a "registered health practitioner" as a person registered under any of the following Acts:

* Chiropractors Registration Act 2001
* Dental Practitioners Registration Act 2001
* Dental Technicians and Dental Prosthetists Act 2001
* Medical Practitioners Registration Act 2001
* Medical Radiation Technologists Registration Act 2001
* Occupational Therapists Registration Act 2001
* Optometrists Registration Act 2001
* Osteopaths Registration Act 2001
* Pharmacists Registration Act 2001
* Physiotherapists Registration Act 2001
* Podiatrists Registration Act 2001
* Psychologists Registration Act 2001
* Speech Pathologists Registration Act 2001

"Registered Teacher"

Schedule 4 of the Commission for Children and Young People and Child Guardian Act 2000 defines a "registered teacher" as a person registered as a teacher under the Education (Queensland College of Teachers) Act 2005 (Qld).

“Relevant Disqualified Person”

A person is a "relevant disqualified person" if the person

(a) has been or is convicted of a disqualifying offence for which an imprisonment order was or is imposed; or

(b) is subject to—

(i) reporting obligations under the Child Protection (Offender Reporting) Act 2004; or
(ii) a child protection prohibition order; or
(iii) a disqualification order.

"Religious representative''

Schedule 4 of the Commission for Children and Young People and Child Guardian Act 2000 defines a "religious representative" as a person

a) who is a member of –

ii)

(A)

(B)

ii)

"Residential Facility"

A "residential facility" is a child accommodation service that is provided by, funded by, or its funding is administered by:

Child Protection Act 1999

"School"

A school means-

a State school within the meaning of the Education (General Provisions) Act 1989 (Qld) ; or
a school that is provisionally accredited, or accredited, under the Education (Accreditation or Non-State Schools ) Act 2001(Qld) .

"Serious Offence"

Section 99C of the Commission for Children and Young People and Child Guardian Act 2000 defines a "serious offence" as:

Child Protection (Offender Reporting) Act 2004

"Sport"

Schedule 4 of the Commission for Children and Young People and Child Guardian Act 2000 defines sport to mean a form of human activity capable of achieving a result requiring physical exertion or physical skill that, because of its nature or organisation, is competitive and is generally recognised as sport.

“Support service”

A support service means a service that provides emotional support, mentoring or pastoral care, but does not include a legal advice or legal advocacy service.

"Temporary Offender Prohibition Order"

A temporary order under the Child Protection (Offender Prohibition Order) Act 2008.

"Trainee student"

A trainee student of an education provider is a person undertaking a course of study with the education provider.

"Volunteer"

A volunteer is a person who is employed by another person not for financial reward but who may receive reimbursement for out of pocket expenses.

Last Updated: June 6, 2008