Contents (1998 - 146)
Commission for Children and Young People Act 1998 No 146
Status information

Long title

Part 1 Preliminary

1 Name of Act
2 Commencement
3 Definitions

Part 2 Constitution of Commission

4 Commission
5 Commissioner
6 Acting Commissioner
7 (Repealed)
8 Expert Advisory Committee and other advisory committees
9 Delegation

Part 3 Functions of Commission

10 Principles governing work of Commission
11 Principal functions of Commission
12 Priority matters
13 Consultation with children
14 Co-operation with other agencies
14A Powers of Commission for Children and Young People to compel production of information
15 Referral of matters to police and other investigative agencies
15A Reports under Children and Young Persons (Care and Protection) Act 1998
15B Power to compel production of information for monitoring or auditing purposes
16 Assistance to particular children

Part 4 Special inquiries by Commission

17 Establishment of special inquiry
18 Report of results of special inquiry
19 General conduct of special inquiries
20 Hearings in special inquiries
20A Legal representation
20B Restriction on publication of evidence at private hearings
21 Tendering information, documents and evidence
22 Exemptions for Cabinet documents and other privileged material

Part 5 Reports by Commission

23 Annual reports to Parliament
24 Special and other reports
25 Furnishing of draft reports to Minister
26 Provisions relating to reports to Parliament

Part 6 Parliamentary Joint Committee

27 Constitution of Committee
28 Functions of Committee
29 Membership of Committee
30 Provisions with respect to Committee

Part 7 Child-related employment

Division 1 Preliminary

31 Object of Part
32 Safety and welfare of children to be paramount consideration
33 Definitions
33A (Repealed)

Division 2 Prohibitions on child-related employment

Subdivision 1 Persons prohibited from being employed in child-related employment

33B Prohibited persons
33C Offences relating to prohibited persons
33D Employer to ascertain whether employee is prohibited person
33E Employer not to employ prohibited person in child-related employment

Subdivision 2 Review of prohibition of employment of prohibited persons

33F Definitions
33G Persons not entitled to make review applications
33H Commission may make declarations concerning prohibited persons
33I IRC and ADT may make declarations concerning prohibited persons
33J Matters to be considered in determining review applications
33K Stay pending determination of review application
33L Multiple applications not permitted
33M Further review of persons who obtain orders
33N Commissioner of Police to be notified
33O Jurisdiction of Industrial Relations Commission

Subdivision 3 Miscellaneous

33P Self-employed persons
33PA Child-related employment to which Division does not apply
33Q Prohibited person may be transferred to other employment
33R Commission may advise on status
33S Monitoring and auditing functions

Division 3 Background checking

34 Nature of background checking
35 Guidelines relating to procedures and standards for background checking
36 Functions of Commission in respect of background checking
37 Background checking mandatory for preferred applicants for certain child-related employment
37A Background checking for certain short-term employees
38 Notification of information relating to relevant criminal records or other orders
38A Notification of information relating to criminal history for interstate child-related employment screening
39 Duties of employers with respect to relevant employment proceedings
40 Duties of employers to notify Commission of rejected applicant in connection with background checking
41 Enforcement notices
42 (Repealed)
43 Obtaining and correcting information on relevant employment proceedings under Government Information (Public Access) Act 2009
43A Rectification or withdrawals of notifications
44 Effect of Division on other rights and procedures
45 Application of background checking provisions to adult persons residing with authorised carers or children’s service providers

Part 7A Child Death Review Team

Division 1 Object of Part

45A Object of Part

Division 2 Constitution and procedure of the Team

45B Establishment of the Team
45C Composition of the Team
45D Deputy Convenor
45E Term of office of members
45F Remuneration
45G Vacancy in office of member
45H Removal from office
45I Effect of certain other Acts
45J General procedure
45K Quorum for meetings
45L Presiding member
45M Voting

Division 3 Functions of the Team

45N Functions of the Team
45O Appointment of expert advisers
45P Annual report to Parliament
45Q Annual child death review report
45R Other reports
45S Preparation and presentation of reports

Division 4 Access to and confidentiality of information

45T Duty of persons to assist the Team
45U Confidentiality of information
45V Dishonestly obtaining information

Division 5 Miscellaneous

45W Execution of documents
45X Review of Part

Part 8 Miscellaneous

46 Act to bind Crown
47 Charges made by Commission
48 Protection from liability
48A Protection of persons relating to child-related employment
48B Unauthorised disclosure or dishonest collection of information
49 Proceedings for offences
50 Offences by corporations
51 Regulations
52 Relationship with other Acts and laws
52A Savings, transitional and other provisions
53 Review of Act

 Schedule 1 Parliamentary Joint Committee

 Schedule 2 (Repealed)

 Schedule 3 Savings, transitional and other provisions

Historical notes