Queensland Consolidated Acts Queensland Consolidated Actsadministrator means an administrator appointed under the Guardianship and Administration Act 2000.
adult guardian means the adult guardian appointed under the Guardianship and Administration Act 2000.
adult with an intellectual or cognitive disability, for part 10A and part 15, division 1A, see section 123E.
adult with a skills deficit, for part 15, division 1A, see section 214B.
amending Act, for part 16, division 5, see section 252.
appropriately qualified, for part 10A, see section 123E.
approved form means a form approved by the chief executive under section 230.
approved non-government service provider see section 16.
assessment, for part 10A, see section 123E.
authorised guardian, for part 16, division 3, see section 241(1).
authorised officer means a person appointed as an authorised officer under section 125.
authorised psychiatrist, for part 10A, see section 123E.
carer means a person of any age, who, without being paid, cares for another person who needs ongoing support because of a disability, but does not include a volunteer for an organisation.
CCYPCG Act means the Commission for Children and Young People and Child Guardian Act 2000.
CCYPCG positive notice means a positive notice issued under the CCYPCG Act.
chemical restraint, for part 10A, see section 123E.
chemical restraint (fixed dose), for part 10A, see section 123E.
chief executive (health), for part 10A, division 8, subdivision 3, see section 123ZZG.
commencement—
(a) for part 16, division 3—see section 241(1); or
(b) for part 16, division 5, subdivision 2—see section 253; or
(c) for part 16, division 5, subdivision 3—see section 260; or
(d) for part 16, division 5, subdivision 4—see section 271.
Commissioner for Children and Young People and Child Guardian means the Commissioner for Children and Young People and Child Guardian appointed under the CCYPCG Act.
community access services, for part 10A, see section 123E.
complaints agency means any of the following—
(a) the ombudsman under the Ombudsman Act 2001;
(b) the Crime and Misconduct Commission under the Crime and Misconduct Act 2001;
(c) the Anti-Discrimination Commissioner under the Anti-Discrimination Act 1991;
(d) the Health Quality and Complaints Commission under the Health Quality and Complaints Commission Act 2006;
(e) the adult guardian;
(f) the Commissioner for Children and Young People and Child Guardian.
compliance notice see section 161(3).
compliance period, for part 16, division 3, see section 241(1).
confidential information includes information about a person's affairs but does not include—
(a) information already publicly disclosed unless further disclosure of the information is prohibited by law; or
(b) statistical or other information that could not reasonably be expected to result in the identification of the person to whom the information relates.
consumer, of a funded non-government service provider, means a person with a disability who is provided with disability services by the service provider.
contain, for part 10A, see section 123E.
containment or seclusion approval, for part 10A, see section 123E.
conviction means a finding of guilt or the acceptance of a plea of guilty by a court, whether or not a conviction is recorded.
CPOPOA disqualification order means a disqualification order made under the Child Protection (Offender Prohibition Order) Act 2008, section 25.
criminal history, of a person, means—
(a) every conviction of the person for an offence, in Queensland or elsewhere, and whether before or after the commencement of this Act; and
(b) every charge made against the person for an offence, in Queensland or elsewhere, and whether before or after the commencement of this Act.
current—
(a) for a prescribed notice—means current under section 89; or
(b) for an exemption notice—means current under section 89F.
decision notice, for part 10A, see section 123E.
director of forensic disability means the director under the Forensic Disability Act 2011.
director of mental health, for part 10A, see section 123E.
disability see section 11.
disability sector quality system means the process approved by the Minister under section 37 under which a service provider may be certified by an external certification body as meeting the service standards.
disability services see section 12.
disqualification order means—
(a) an order under section 122; or
(b) a CPOPOA disqualification order.
disqualified person see section 107D.
disqualifying offence see section 81.
document certification requirement see section 158(5).
document production requirement see section 158(6).
eligibility application see section 107F(2).
eligibility declaration see section 107F(1).
engaged, by a funded non-government service provider, see section 78.
engaged by the department—
(a) generally—see section 77A; or
(b) for part 16, division 5, subdivision 2—see section 253.
engaged person—
(a) for a prescribed notice application—see section 83(1); or
(b) for an exemption notice application—see section 89A(1).
exceptional case means exceptional case as mentioned in section 85(4) or (11).
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.
exemption notice means a notice issued under section 89C.
exemption notice application means an application for an exemption notice under section 89A.
external certification body see section 38(1).
final offender prohibition order means a final order under the Child Protection (Offender Prohibition Order) Act 2008.
final sexual offender order means a division 3 order under the Dangerous Prisoners (Sexual Offenders) Act 2003.
forensic disability client means a forensic disability client under the Forensic Disability Act 2011.
funded non-government service provider see section 17.
funded service provider see section 14.
funding agreement see section 56(1).
GAA, for part 10A, see section 123E.
guardian means a guardian appointed under the Guardianship and Administration Act 2000.
guardian for a restrictive practice (general) matter, for part 10A, see section 123E.
guardian for a restrictive practice matter, for part 10A, see section 123E.
guardian for a restrictive practice (respite) matter, for part 10A, see section 123E.
harm, for part 10A, see section 123E.
health professional, for part 10A, division 8, subdivision 3, see section 123ZZG.
home means premises used as a private residence.
human rights principle means the principle and rights stated in section 19.
imprisonment order—
(a) means either of the following orders—
(i) 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;
(ii) 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
(b) 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.
indictable offence includes an indictable offence dealt with summarily, whether or not the Criminal Code, section 659 applies to the indictable offence.
informal decision-maker, for part 10A, see section 123E.
interested person—
(a) for a relevant decision for part 10A, division 7, see section 123ZY; or
(b) for a reviewable decision, see section 207.
interim manager means a person appointed as interim manager under section 169.
interim sexual offender order means an interim detention order or interim supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003.
investigative information, about a person, see section 109(1).
issue, for part 10, division 7, subdivision 1, see section 108.
keep and implement, for part 10A, see section 123E.
least restrictive, for part 10A, see section 123E.
mechanical restraint, for part 10A, see section 123E.
minimum frequency for regulated engagement means—
(a) at least 8 consecutive days; or
(b) at least once a week for each week during a period of 4 weeks; or
(c) at least once a fortnight for each fortnight during a period of 8 weeks; or
(d) at least once a month for each month during a period of 6 months.
multidisciplinary assessment, for part 10A, see section 123E.
negative exemption notice see section 89C(2)(b).
negative notice see section 85(2)(b).
non-government service provider see section 15.
notice means a written notice.
obstruct includes hinder and attempt to obstruct or hinder.
offender prohibition order means an offender prohibition order under the Child Protection (Offender Prohibition Order) Act 2008.
offender reporting obligations means reporting obligations under the Child Protection (Offender Reporting) Act 2004.
owner, for part 11, division 2, subdivision 5, see section 147.
part 10 reviewable decision, for part 10, division 7, subdivision 1, see section 108.
personal details requirement, for part 11, division 2, subdivision 6, see section 156(5).
physical restraint, for part 10A, see section 123E.
place includes premises and vacant land.
police commissioner means the commissioner of the police service.
police information, about a person, means the following—
(a) the person's criminal history;
(b) investigative information about the person;
(c) information as to whether the person is or has been—
(i) a relevant disqualified person; or
(ii) named as the respondent to an application for an offender prohibition order; or
(iii) the subject of an application for a disqualification order or CPOPOA disqualification order.
police service means the Queensland Police Service.
positive behaviour support plan, for part 10A, see section 123E.
positive exemption notice see section 89C(2)(a).
positive notice see section 85(2)(a).
positive notice card means a document, in the form of a card, issued to a person who is the holder of a current positive notice at or about the time that the person is issued with the positive notice, that includes the following information—
(a) the name of the person who is the holder of the positive notice;
(b) the date of birth of the person;
(c) a registration number for the person;
(d) an expiry date for the positive notice;
(e) the signature, or an electronic version of the signature, of the person to whom the positive notice is issued.
premises includes—
(a) a building or other structure; and
(b) a part of a building or other structure; and
(c) a vehicle; and
(d) a caravan.
prescribed notice means a notice issued under section 85(2).
prescribed notice application means an application for a prescribed notice under section 83.
prescribed period, for part 10, division 7, subdivision 1, see section 108.
prescribed police information, for part 16, division 5, subdivision 2, see section 253.
prescribed requirement means a requirement prescribed under section 59.
previous service provider, for part 16, division 3, see section 241(1).
private sector health service, for part 10A, division 8, subdivision 3, see section 123ZZG.
registered health practitioner means a person registered under any 1 of the following—
* Dental Technicians Registration Act 2001
* Health Practitioner Regulation National Law
* Medical Radiation Technologists Registration Act 2001
* Occupational Therapists Registration Act 2001
* Speech Pathologists Registration Act 2001.
regulated engagement means—
(a) engagement by the department at a service outlet of the department; or
(b) engagement by a funded non-government service provider at a service outlet of the service provider.
relevant decision, for part 10A, division 7, see section 123ZY.
relevant decision-maker (respite), for part 10A, see section 123E.
relevant disqualified person means a person who—
(a) has been convicted of a disqualifying offence for which an imprisonment order was or is imposed; or
(b) is subject to—
(i) offender reporting obligations; or
(ii) an offender prohibition order; or
(iii) a disqualification order or CPOPOA disqualification order; or
(iv) a sexual offender order.
relevant disqualified person decision, for part 10, division 7, subdivision 1, see section 108.
relevant review and appeal information, for a decision about a person, means the following information—
(a) if the reasons for the decision do not include investigative information—the circumstances in which the person may apply to the tribunal for a review of the decision under part 10, division 7, subdivision 1;
(b) if the reasons for the decision include investigative information—
(i) the right of the person to appeal, under section 111, to a Magistrates Court about the police commissioner's decision that the information is investigative information; and
(ii) the circumstances in which the person may apply to the tribunal for a review of the decision under section 113;
(c) the period within which the person must apply to the tribunal for the review or appeal to a Magistrates Court;
(d) how the person may apply for the review to the tribunal or appeal to a Magistrates Court;
(e) there is no review or appeal under this Act in relation to the decision other than as mentioned in paragraph (a) or (b).
relevant service provider, for part 10A and part 15, division 1A, see section 123B.
repealed Act, for part 16, division 2, see section 235.
respite/community access plan, for part 10A, see section 123E.
respite services, for part 10A, see section 123E.
restricting access, for part 10A, see section 123E.
restrictive practice see section 123E.
reviewable decision means a decision stated in schedule 2.
review decision, for part 14, see section 211(3).
screening decision, in relation to a person, means a decision about—
(a) whether a positive notice or a negative notice should be issued to the person, including a decision about—
(i) whether a person's positive notice should be cancelled and substituted with a negative notice or negative exemption notice; and
(ii) whether a person's negative notice should be cancelled and, if so, whether a positive notice or positive exemption notice should be issued to the person; and
(iii) whether a person's negative notice should be cancelled and substituted with a positive notice or positive exemption notice; and
(iv) whether a person's suspended positive notice should be cancelled and a further prescribed notice or an exemption notice issued to the person; or
(b) whether a positive exemption notice or negative exemption notice should be issued to the person, including a decision about—
(i) whether a person's positive exemption notice should be cancelled and substituted with a negative exemption notice; and
(ii) whether a person's negative exemption notice should be cancelled and, if so, whether a positive exemption notice or positive notice should be issued to the person; and
(iii) whether a person's negative exemption notice should be cancelled and substituted with a positive exemption notice or positive notice; and
(iv) whether a person's suspended positive exemption notice should be cancelled and a further exemption notice or a prescribed notice issued to the person; or
(c) whether an eligibility declaration should be issued to the person.
seclude, for part 10A, see section 123E.
serious offence see section 79.
service delivery principles means the principles stated in part 2, division 2.
service outlet means a place at which disability services are provided.
service provider see section 13.
service standards see section 34(1).
sexual offender order means a division 3 order, interim detention order or interim supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003.
short term approval, for part 10A, see section 123E.
short term plan, for part 10A, see section 123E.
stage 2 commencement date, for part 16, division 5, subdivision 3, see section 260.
support network, for part 10A, see section 123E.
temporary offender prohibition order means a temporary order under the Child Protection (Offender Prohibition Order) Act 2008.
transitional period, for part 16, division 3, see section 241(1).
tribunal means QCAT.
unamended Act—
(a) for part 16, division 5, subdivision 2—see section 253; or
(b) for part 16, division 5, subdivision 3—see section 260; or
(c) for part 16, division 5, subdivision 4—see section 271.