Ministerial and Other Office Holder Staff and Other Legislation Amendment Bill 2018 (Qld)

An Act to amend the Ministerial and Other Office Holder Staff Act 2010, the Parliament of Queensland Act 2001 and the Parliamentary Service Act 1988 for particular purposes The Parliament of Queensland enacts—

Part 1 Preliminary

1 Short title This Act may be cited as the Ministerial and Other Office Holder Staff and Other Legislation Amendment Act 2018.

Part 2 Amendment of Ministerial and Other Office Holder Staff Act 2010

2 Act amended This part amends the Ministerial and Other Office Holder Staff Act 2010.

3 Insertion of new pt 2A After part 2— insert—

Part 2A Assessing suitability to be a staff member

Division 1 Preliminary

13A Definitions for part In this part— criminal history see the Criminal Law (Rehabilitation of Offenders) Act 1986, section 3. criminal history report means a report given under section 13D.

Division 2 Obtaining criminal histories

13B Chief executive may ask for consent to obtain criminal history (1) If the chief executive proposes to employ a person as a staff member, the chief executive may ask the person for written consent for the chief executive to obtain the person's criminal history. (2) Subsection (1) applies even if the person is employed as a staff member when the chief executive proposes to employ the person.

13C Refusing consent (1) This section applies if the person does not consent, or withdraws the person's consent, to the chief executive obtaining the person's criminal history. (2) If the person is not employed as a staff member, the chief executive may decide not to consider the person for employment as a staff member. (3) If the person is a staff member, the person's employing member or, if the person is a ministerial staff member, the Premier, may prevent the person from performing any further relevant duties. (4) For subsection (3), duties are relevant duties if, because of the nature of the duties, the employing member or Premier considers it may be necessary to have regard to the criminal history of a person who is or will be performing the duties.