Part 7ACrossing supervisor scheme#

Division 1Definitions#

122Definitions for pt 7A#

In this part—

applicant

means a person applying for authority to act as a crossing supervisor.

authorised scheme see section 122A(1)(a).

authority

authority means authority to perform a role under an authorised scheme.

criminal history

criminal history, of a person who is an applicant or crossing supervisor—

1. (a)means the following—
2. (i)the date of conviction for a disqualifying offence or the date a charge of a disqualifying offence was laid, whether before or after the commencement of this section;
3. (ii)the name of the Act, and the provision, under which the disqualifying offence is created;
4. (iii)for a conviction for a disqualifying offence—the penalty or other order made in relation to the conviction; and
5. (b)despite section 6 of the Criminal Law (Rehabilitation of Offenders) Act 1986, includes a conviction of the person to which that section applies; and
6. (c)despite section 5 of the Criminal Law (Rehabilitation of Offenders) Act 1986, includes a charge made against the person for a disqualifying offence.

crossing supervisor see section 122A(1)(b).

disqualifying offence

disqualifying offence means—

1. (a)a disqualifying offence, or serious offence, under the Working with Children Check Act 2000; or
2. (b)an offence against a provision of the Criminal Code mentioned in schedule 2; or
3. (c)an offence against the Drugs Misuse Act 1986, part 2; or
4. (d)an offence similar to an offence mentioned in paragraph (a), (b) or (c) committed outside Queensland.

Division 2Scheme and authorisation of persons under scheme#

122AChief executive may authorise scheme#

1. (1)The chief executive may—
2. (a)authorise a scheme to help children to safely cross roads (an authorised scheme); and
3. (b)authorise a person to perform a role under the scheme (a crossing supervisor).
4. (2)An authorised scheme comes into force on the day stated in the scheme.

122BUnauthorised person must not act as crossing supervisor#

1. (1)A person must not perform a role under an authorised scheme as a crossing supervisor unless the person is a crossing supervisor.
2. (2)A person must not hold himself or herself out as being a crossing supervisor if the person is not authorised as a crossing supervisor under an authorised scheme.

Maximum penalty—20 penalty units.

Maximum penalty—20 penalty units.

122CChief executive may refuse to authorise person under scheme#

The chief executive may refuse to authorise a person to perform a role under an authorised scheme if the person—

1. (a)has been convicted of a disqualifying offence; or
2. (b)has been charged with a disqualifying offence and the charge has not been finally dealt with; or
3. (c)has previously had the person’s authority to act as a crossing supervisor cancelled under this part.

122DChief executive may impose conditions on authority#

The chief executive may authorise a person to perform a role under an authorised scheme subject to conditions.

122ENotice to be given about refusal or imposition of condition#

1. (1)This section applies if the chief executive—
2. (a)refuses to authorise a person to perform a role under an authorised scheme; or
3. (b)authorises a person to perform a role under an authorised scheme subject to conditions.
4. (2)The chief executive must inform the person of the decision by written notice.
5. (3)The notice must state—
6. (a)the reasons for the decision; and
7. (b)the prescribed review information for the decision.
8. (4)The decision takes effect on the day the notice is given to the person.

Division 3Criminal history#

122FCriminal history to be disclosed by applicants and crossing supervisors#

1. (1)A person who is an applicant or a crossing supervisor must, by written notice as required by subsection (2), give the chief executive details of the person’s criminal history.
2. (2)The applicant or crossing supervisor must give the written notice—
3. (a)for a charge laid or an offence of which the applicant is convicted before the application is made—with the application; or
4. (b)for a charge laid or an offence of which the applicant is convicted after the application is made but before the application is decided—as soon as practicable after the charge is laid or the applicant is convicted; or
5. (c)for a charge laid or an offence of which the crossing supervisor is convicted after becoming a crossing supervisor—as soon as practicable after the charge is laid or the crossing supervisor is convicted.

Maximum penalty—40 penalty units.

122GCrossing supervisor may surrender authority#

1. (1)A crossing supervisor who fails to give a notice required by section 122F(2)(c) does not commit an offence if, as soon as practicable after the requirement arises, the crossing supervisor gives the chief executive written notice that the crossing supervisor will immediately stop acting as a crossing supervisor.
2. (2)If a crossing supervisor gives the chief executive a notice under subsection (1), the crossing supervisor’s authority to perform a role under an authorised scheme is taken to be cancelled on the day the notice is given to the chief executive.

Division 4Amendment, suspension and cancellation of authorities#

122IGrounds for amending, suspending or cancelling authority#

Each of the following is a ground for amending, suspending or cancelling a person’s authority as a crossing supervisor—

1. (a)the person has, since becoming a crossing supervisor, been charged with, or convicted of, a disqualifying offence;
2. (b)the chief executive considers— public safety, particularly the safety of children, has been endangered, or is likely to be endangered, because of the authority; or

public safety, particularly the safety of children, has been endangered, or is likely to be endangered, because of the authority; or it is otherwise necessary in the public interest; the authority was issued by error or was granted because of a false or fraudulent document, statement or representation; the person has contravened a condition of the authority; the person can no longer perform the role of a crossing supervisor satisfactorily, including because of any known medical condition or physical or mental incapacity.

122JShow cause procedure for amending, suspending or cancelling authority#

If the chief executive considers a ground exists to amend, suspend or cancel a crossing supervisor’s authority (the proposed action), the chief executive must give the crossing supervisor written notice stating— (a) the proposed action; and (b) the ground for the proposed action; and (c) an outline of the facts and circumstances forming the basis for the ground; and (d) if the proposed action is to amend the authority, including a condition of the authority—the proposed amendment; and (e) if the proposed action is to suspend the authority—the proposed suspension period; and (f) an invitation to the crossing supervisor to show in writing, within a stated time of at least 28 days, why the proposed action should not be taken.

122KAmending, suspending or cancelling authority#

(1) If, after considering all the written representations made within the stated time under section 122J(f), the chief executive still considers a ground exists to take proposed action, the chief executive may— (a) if the proposed action was to amend the authority—amend the authority in the way stated in the notice; or (b) if the proposed action was to suspend the authority— (i) amend the authority in the way the chief executive considers appropriate; or (ii) suspend the authority for no longer than the period stated in the notice; or (c) if the proposed action was to cancel the authority— (i) amend the authority in a way the chief executive considers appropriate; or (ii) suspend the authority for a period; or (iii) cancel the authority. (2) However, if the proposed action relates to a matter that is the subject of a proceeding before a court that has not been finally decided, the chief executive— (a) need not make a final decision under subsection (1) until the proceeding is finally decided; but (b) must make the decision as soon as reasonably practicable after the proceeding is decided. (3) This section does not apply if section 122P applies.

122LNotice to be given to crossing supervisor#

(1) The chief executive must inform the crossing supervisor by written notice about the chief executive’s decision under section 122K(1).

(2) If the chief executive decides to amend, suspend or cancel the authority, the notice must state— (a) the reasons for the decision; and (b) the prescribed review information for the decision. (3) The decision takes effect on the later of the following— (a) the day the notice is given to the crossing supervisor; (b) the day stated in the notice.

122MGrounds for immediate suspension of authority#

(1) Despite section 122J, the chief executive may immediately suspend a crossing supervisor’s authority, by written notice given to the crossing supervisor, if the chief executive reasonably believes it is necessary because— (a) public safety, particularly the safety of children, has been endangered, or is likely to be endangered, because of the authority; or (b) it is otherwise necessary in the public interest. (2) Without limiting the chief executive’s powers under subsection (1), it is enough to immediately suspend a crossing supervisor’s authority if— (a) a person complains to a police officer about the crossing supervisor’s conduct and the chief executive reasonably believes— (i) the complaint is not trivial, vexatious or otherwise lacking in substance; and (ii) the alleged conduct complained of justifies taking action under subsection (1); or (b) having regard to statements or other information about the crossing supervisor’s conduct given to the chief executive, the chief executive reasonably believes the statements or other information justifies taking action under subsection (1).

122NProcedure for immediate suspension of authority#

(1) If the chief executive immediately suspends an authority, the suspension— (a) takes effect on the day the notice is given to the crossing supervisor; and (b) has effect until— (i) if the chief executive informs the crossing supervisor of the chief executive’s decision by notice under section 122L—the day the decision takes effect under section 122L(3); or (ii) if the decision is set aside on review or appeal—the day the decision is set aside; or (iii) otherwise—the end of 56 days after the notice is given to the crossing supervisor or the end of any further period or periods by which the suspension is extended under subsection (3). (2) If the chief executive immediately suspends an authority, the notice under section 122M(1) must state— (a) the reasons for the decision; and (b) the general effect of subsection (1)(b); and (c) the prescribed review information for the decision. (3) If the immediate suspension of an authority relates to a matter that is the subject of a proceeding before a court that has not been finally decided, the chief executive— (a) may extend the suspension for a further period or periods until the proceeding is finally decided; but (b) must make a decision about whether to take proposed action under section 122K as soon as practicable after the proceeding is decided.

122OFurther action after immediate suspension#

(1) This section applies if— (a) under section 122M, the chief executive immediately suspends a crossing supervisor’s authority; and (b) the chief executive proposes, under section 122J, to amend, further suspend or cancel the crossing supervisor’s authority (also the proposed action).

1. (2)The chief executive must, within 14 days after immediately suspending the crossing supervisor’s authority, give the crossing supervisor a notice that states—
2. (a)the information mentioned in section 122J(a), (b) and (c) in relation to the proposed action; and
3. (b)if the proposed action is to amend the authority, including a condition of the authority—the proposed amendment; and
4. (c)if the proposed action is further suspension of the authority—the proposed suspension period; and
5. (d)an invitation to the crossing supervisor to show cause in writing, within a stated time of at least 28 days, why the proposed action should not be taken.
6. (3)The notice under subsection (2) may be combined with the notice given to the crossing supervisor under section 122M.
7. (4)Sections 122K and 122L apply to the proposed action as if the notice had been given under section 122J.
8. (5)Despite subsection (4), section 122K(1)(b)(ii) or (c)(ii) does not limit the chief executive’s powers to extend the period of suspension under section 122N(3).

122POther amendments of authorities#

1. (1)This section applies only if the chief executive proposes to amend a crossing supervisor’s authority—
2. (a)for a formal or clerical reason; or
3. (b)in another way that does not adversely affect the crossing supervisor’s interests; or
4. (c)because the crossing supervisor asks.
5. (2)The chief executive may make amendments of a type mentioned in subsection (1) by written notice given to the crossing supervisor.