Disability Service Safeguards Amendment Act 2020 (Vic)

Disability Service Safeguards Amendment Act 2020

No. 17 of 2020

table of provisions

Section  Page

1Purposes

2Commencement

3Principal Act

4Definitions

5Duty of confidentiality—conciliation

6Appointment of investigators

7Decision about application for renewal of registration

8Appointment of authorised officers by Board or Commission

9Board to keep Register of Disability Workers

10Power to bring proceedings

11Protections from liability for person exercising functions

12Transitional provisions

13Statute law revision amendments

14Repeal of this Act

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Endnotes

1      General information

Disability Service Safeguards Amendment Act 2020

No. 17 of 2020

[Assented to 10 June 2020]

The Parliament of Victoria enacts:

1Purposes

The main purposes of this Act are—

(a)to amend the Disability Service Safeguards Act 2018—

(i)to clarify in the definition of approved registration standard that an approved registration standard is an approved registration standard that has taken effect; and

(ii)to provide for consistency with amendments made by the Disability (National Disability Insurance Scheme Transition) Amendment Act 2019; and

(iii)to repeal provisions relating to provisionally registered disability support workers; and

(iv)to extend the time period during which the provision of disability services by an individual applying before 30 September 2022 for registration as a disability worker will qualify that individual for registration; and

(b)to make various minor and consequential amendments to the Disability Service Safeguards Act 2018.

2Commencement

(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2)If a provision of this Act does not come into operation before 1 July 2020, it comes into operation on that day.

3Principal Act

In this Act, the Disability Service Safeguards Act 2018 is called the Principal Act.

4Definitions

In section 3(1) of the Principal Act, in the definition of approved registration standard, after "section 141(2)" insert "and that has taken effect in accordance with section 143(1)".

5Duty of confidentiality—conciliation

(1)For section 57(1)(d) of the Principal Act substitute—

"(d)a person referred to in section 32A.".

(2)For section 57(2)(c) and (d) of the Principal Act substitute—

"(c)the disclosure is made by a person referred to in section 32A to another such person;

(d)the disclosure is made by the Commissioner to a person referred to in section 32A;".

6Appointment of investigators

For section 80(1) of the Principal Act substitute—

"(1)The Board may appoint a person referred to in section 32A as an investigator for the purposes of this Part.".

7Decision about application for renewal of registration

Section 191(3) of the Principal Act is repealed.

8Appointment of authorised officers by Board or Commission

For section 217(1) and (2) of the Principal Act substitute—

"(1)Subject to subsection (3), the Board may appoint a person referred to in section 32A as an authorised officer to enforce compliance with section 220 and Part 16 by registered disability workers or disability students.

(2)Subject to subsection (3), the Commission may appoint a person referred to in section 32A as an authorised officer to enforce compliance with Part 16 by unregistered disability workers and to investigate complaints made against a disability worker under Part 5 or referred to the Commission under that Part.".

9Board to keep Register of Disability Workers

Section 244(2)(c) of the Principal Act is repealed.

10Power to bring proceedings

In section 274(d) of the Principal Act, for "employed by the Commission" substitute "referred to in section 32A(1)".

11Protections from liability for person exercising functions

In section 285(3) of the Principal Act, in the definition of protected person, for paragraph (e) substitute—

"(e)a person referred to in section 32A;".

12Transitional provisions

In section 287(2)(a)(ii) of the Principal Act, for "30 September 2019" substitute "30 September 2012".

13Statute law revision amendments

(1)In section 67(a) of the Principal Act—

(a)for "(iv)" (where secondly occurring) substitute "(v)";

(b)for "(v)" substitute "(vi)".

(2)In section 100(1)(a)(ii) of the Principal Act, after "student's" omit "to".

(3)In section 103(1)(a)(ii) of the Principal Act omit "registered".

(4)In sections 142(2) and 239(5) of the Principal Act, for "Minster" substitute "Minister".

(5)In section 154(1)(e) of the Principal Act, for "the relevant approved registration standard" substitute "a relevant approved registration standard".

(6)In section 191(1) of the Principal Act, for "(a)" (where secondly occurring) substitute "(b)".

(7)In section 246(1)(m)(i) of the Principal Act, after "not" insert "to".

14Repeal of this Act

This Act is repealed on 1 July 2021.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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Endnotes

1   General information

See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 4 March 2020

Legislative Council: 19 March 2020

The long title for the Bill for this Act was "A Bill for an Act to amend the Disability Service Safeguards Act 2018 and for other purposes."