Queensland Consolidated Acts

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CHILD CARE ACT 2002 - SECT 139

139 Suitability of persons in home in which stand alone child care is provided

(1) An authorised officer may ask a carer who provides stand alone child care in a home to apply for a prescribed notice or exemption notice about a person if the officer knows, or reasonably suspects, the person—

(a) is an occupant of the home; and
(b) has a criminal history that may make the person unsuitable to be present in a home while child care is provided in the home.

(2) When asking the carer to apply for the prescribed notice or exemption notice, the authorised officer must warn the carer that, if the carer does not make the application within 14 days, the officer may give a direction that child care must not be provided in the home.

(3) Subsection (4) applies if—

(a) the carer does not apply for the prescribed notice or exemption notice within 14 days; or
(b) the carer makes an application for the prescribed notice or exemption notice within 14 days but it is withdrawn before it is decided.

(4) The authorised officer may give a notice to the carer directing the carer not to provide child care in the home.

Note—
Under section 100, it is an offence for a carer in a stand alone service to provide child care at a home if a notice under this subsection is in force.

(5) If, at any time, an authorised officer learns that each occupant of a home in relation to whom a request has been made under subsection (1) has a current positive prescribed notice or current positive exemption notice, the officer must cancel each notice given under subsection (4) in relation to the home.

(6) If an authorised officer cancels a notice given to a person under subsection (4), the officer must notify the person of the cancellation as soon as is practicable unless, after making reasonable inquiries, the officer can not locate the person.

(7) This section applies only in relation to an occupant of a home who is an adult.



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