Disability Services Act 2006 (Qld)
Case
No judgment structure available for this case.
Disability Services Act 2006
An Act to protect and promote the rights of people with disability, and for other purposes
Part 1 Preliminary
Division 1 Introduction
1 Short title
This Act may be cited as the Disability Services Act 2006.
2 Commencement
This Act commences on a day to be fixed by proclamation.
3 Act binds all persons
(1)This Act binds all persons, including the State and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States.(2)Nothing in this Act makes the Commonwealth or a State liable to be prosecuted for an offence.
4 Contravention of this Act does not create civil cause of action
No provision of this Act creates a civil cause of action based on a contravention of the provision.
5 Act does not affect other rights or remedies
(1)This Act, other than sections 189, 190, 218, 219, 251 to 253 and 255, does not affect or limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise.(2)Without limiting subsection (1), compliance with this Act does not necessarily show that a civil obligation that exists apart from this Act has been satisfied or has not been breached.
Division 2 Objects
6 Objects of Act
(1)The objects of this Act are—(a)to acknowledge the rights of people with disability including by promoting their inclusion in the life of the community generally; and(b)to ensure that disability services funded by the department are safe, accountable and respond to the needs of people with disability; and(c)to support the operation of the national disability insurance scheme in Queensland and ensure the quality and safety of NDIS supports or services in the context of the national regulatory framework; and(d)to safeguard the rights of adults with an intellectual or cognitive disability including by regulating the use of restrictive practices by relevant service providers in relation to those adults—(i)only where it is necessary to protect a person from harm; and(ii)with the aim of reducing or eliminating the need for use of the restrictive practices.(2)In this section—national regulatory framework means the national regulatory framework for service providers established under the National Disability Insurance Scheme Act 2013 (Cwlth).
7 How objects are mainly achieved
The objects are mainly achieved by—(a)stating the human rights principle and supporting rights applying to people with disability; and(b)stating the principles for service delivery to people with disability to be promoted by service providers; and(c)regulating disability services funded by the department to ensure the quality, safety, responsiveness and accountability of the services; and(d)regulating particular aspects of the provision of NDIS supports or services by particular NDIS service providers under the National Disability Insurance Scheme Act 2013 (Cwlth) to ensure the quality and safety of the supports or services; and(e)helping to protect people with disability using services funded by the department from abuse, neglect and exploitation; and(f)stating the circumstances in which relevant service providers are authorised to use restrictive practices in relation to adults with an intellectual or cognitive disability.
8 Finite resources available
In administering this Act, regard must be had to the following—(a)the State has finite resources available to provide services to people with disability;(b)there is a need to distribute the resources fairly having regard to the State’s priorities.
Division 3 Interpretation
9 Definitions
The dictionary in schedule 8 defines particular words used in this Act.
10 [Repealed]
10A References to entity include department
In this Act, a reference to an entity includes a reference to a department.
11 What is a disability
(1)A disability is a person’s condition that—(a)is attributable to—(i)an intellectual, psychiatric, cognitive, neurological, sensory or physical impairment; or(ii)a combination of impairments mentioned in subparagraph (i); and(b)results in—(i)a substantial reduction of the person’s capacity for communication, social interaction, learning, mobility or self care or management; and(ii)the person needing support.(2)For subsection (1), the impairment may result from an acquired brain injury.(3)The disability must be permanent or likely to be permanent.(4)The disability may be, but need not be, of a chronic episodic nature.
12 What are disability services
(1)Disability services, for people with disability, means 1 or more of the following—(a)accommodation support services;(b)respite services;(c)community support services;(d)community access;(e)advocacy or information services or services that provide alternative forms of communication;(f)research, training or development services;(g)another service prescribed by regulation.(2)However, disability services do not include NDIS supports or services.
12A What are NDIS supports or services
NDIS supports or services are supports or services provided to a person with disability under the national disability insurance scheme, to the extent that providing the supports or services is funded by the payment of an NDIS amount under the National Disability Insurance Scheme Act 2013 (Cwlth).
13 Meaning of service provider
(1)A service provider is an entity providing supports or services for people with disability.(2)The service provider may provide the supports or services—(a)specifically to people with disability; or(b)generally to people in the community, including people with disability.(3)The service provider may provide the supports or services with the intention of making a profit.
14 Meaning of funded service provider
(1)A funded service provider is a service provider, other than the State, receiving recurrent or one-off funds from the department, or another department prescribed by regulation, to provide disability services.(2)It does not matter whether or not the service provider also uses other funds or resources to provide the disability services.(3)A funded service provider may be a local government.
15 Meaning of NDIS service provider
(1)A registered NDIS provider and an unregistered NDIS provider are each an NDIS service provider.(2)A registered NDIS provider is a registered NDIS provider under the National Disability Insurance Scheme Act 2013 (Cwlth).(3)An unregistered NDIS provider is an entity that delivers NDIS supports or services to people with disability, other than a registered NDIS provider.
16 Meaning of NDIS sole trader and State sole trader
(1)An individual is an NDIS sole trader if the individual—(a)is an NDIS service provider; and(b)as an NDIS service provider, personally provides NDIS supports or services to people with disability.(2)An individual is a State sole trader if the individual—(a)is a funded service provider; and(b)as a funded service provider, personally provides disability services to people with disability.
16A [Repealed]
Part 2 Disability rights
Division 1 Human rights principle
17 Entities encouraged to have regard to human rights principle
Entities are encouraged to have regard to the human rights principle in matters relating to people with disability.
18 Principle that people with disability have the same human rights as others
(1)People with disability have the same human rights as other members of society and should be empowered to exercise their rights.(2)People with disability have the right to—(a)respect for their human worth and dignity as individuals; and(b)realise their individual capacities for physical, social, emotional, cultural, religious and intellectual development; and(c)live lives free from abuse, neglect or exploitation; and(d)participate actively in decisions affecting their lives, including the development of disability policies, programs and services; and(e)recognition of their individual autonomy and independence, including the freedom to exercise choice and have control of their lives.(3)When using disability services or NDIS supports or services, people with disability have the right to—(a)supports or services supporting their achieving quality of life in a way that supports their family unit and their full participation in society; and(b)receive supports or services in a way that results in the minimum restriction of their rights and opportunities; and(c)receive supports or services in a way that respects the confidentiality of their information; and(d)receive supports or services in a safe, accessible built environment appropriate to their needs; and(e)pursue grievances about supports or services without fear of the supports or services being discontinued or recrimination from service providers; and(f)support to enable them to pursue grievances about supports or services; and(g)support, and access to information, to enable them to participate in decisions affecting their lives.(4)People with disability have the right to receive supports or services, and information necessary to support rights, in ways that are appropriate having regard to their disabilities and cultural backgrounds.(5)Subsections (2), (3) and (4) do not limit subsection (1).
Division 2 Service delivery principles
19 Service delivery principles to be promoted by service providers
(1)This division sets out the principles that service providers are encouraged to apply and promote in the development and implementation of services for people with disability.(2)For subsection (1), the application and promotion of the principles is encouraged to the extent they reasonably apply to a service provider.
20 Focus on the development of the individual
Services should be designed and implemented so that their focus is on developing the individual and on enhancing the individual’s opportunity to establish a quality life.
21 Participation in planning and operation of services
(1)Services should be designed and implemented so that people with disability are encouraged, and able, to participate continually in the planning and operation of the services they receive.(2)Services provided to people with disability should provide opportunities for consultation in relation to the development of major policy changes.
22 Focus on a lifestyle the same as other people and appropriate for age
Services should be designed and implemented to ensure that the conditions of everyday life of people with disability are—(a)the same as, or as close as possible to, the conditions of everyday life valued by the general community; and(b)appropriate to their chronological age.
23 Coordination and integration of services with general services
Services should be designed and implemented as part of local coordinated service systems and integrated with services generally available to members of the community.
24 Services to be tailored to meet individual needs and goals
(1)Services should be tailored to meet the individual needs and goals of people with disability.(2)To be responsive to the needs and goals of people with disability, innovation and flexibility are encouraged when designing services.
25 People with disability experiencing additional barriers
Services should be designed and implemented to meet the needs of people with disability who may experience additional barriers—(a)because they are Aborigines or Torres Strait Islanders; or(b)because of their age, gender or culturally or linguistically diverse backgrounds; or(c)because of their rural or remote location.
26 Promotion of competency, positive image and self-esteem
Services should be designed and implemented to—(a)promote recognition of the competence of people with disability; and(b)promote a positive image of people with disability; and(c)enhance the self-esteem of people with disability.
27 Inclusion in the community
Services should be designed and implemented to promote the inclusion of people with disability in the life of the community.
28 No single service provider to exercise control over life of person with disability
Services should be designed and implemented to ensure that no single service provider exercises control over all or most aspects of the life of a person with disability.
29 Consideration for others involved with people with disability
Services should be designed and implemented to—(a)have sufficient regard to the needs of families, carers and advocates of people with disability; and(b)recognise the demands on the families of people with disability; and(c)take into account the implications for, and demands on, the families of people with disability.
30 Service providers to make information available
(1)Service providers should make available information that allows the quality of their services to be judged.(2)The information should be available to the people using the services, their families, carers and advocates, people giving financial assistance for the services and the community generally.
31 Raising and resolving grievances
Services should be designed and implemented to ensure that appropriate ways exist for people with disability and their advocates to raise grievances about services and have them resolved.
32 Access to advocacy support
Services should be designed and implemented to ensure people with disability have access to necessary independent advocacy support so they can participate adequately in decision-making about the services they receive.
Part 3 Complaints about the delivery of disability services by particular service providers
32A Application of part
(1)This part applies in relation to the following service providers—(a)the department;(b)a funded service provider, other than a service provider that is another department;(c)another service provider prescribed by regulation.(2)However, this part does not apply in relation to a service provider—(a)prescribed by regulation; or(b)to the extent the service provider is providing disability services prescribed by regulation.
33 Complaints by consumers
(1)The following may make a complaint to the chief executive about the delivery of disability services by a service provider in relation to which this part applies—(a)a consumer;(b)a family member, carer or advocate of a consumer;(c)another person on behalf of a consumer.(2)The chief executive must maintain a system that deals effectively with complaints received.
34 Chief executive may refer matters to complaints agency
The chief executive may—(a)liaise with a complaints agency about matters relating to people with disability; and(b)refer matters relating to people with disability to a complaints agency; and(c)enter into an arrangement with a complaints agency aimed at avoiding inappropriate duplication of activities.
35 Complaints agency to inform chief executive about actions taken for complaint
(1)This section applies if—(a)the chief executive refers a matter about a person with disability to a complaints agency; and(b)the chief executive, by notice to the agency, asks for information about the way in which the agency is dealing or has dealt with the matter.(2)The agency must inform the chief executive about any action taken for dealing with the matter or, if it is resolved, the resolution of the matter.(3)Subsection (2) applies despite any express provision in an Act establishing a complaints agency that makes it an offence for anyone involved with administration of the Act to disclose the information.
Part 4 Funding to people with disability
36 Purpose of pt 4
The purpose of this part is to enable people with disability to receive funding to obtain relevant disability services.
37 Definitions for pt 4
In this part—individual funding agreement means an individual funding agreement made under this part.parent, of a child with a disability, includes—(a)a person who exercises parental responsibility for the child, other than a person standing in the place of a parent of a child on a temporary basis; and(b)for an Aboriginal child—a person who, under Aboriginal tradition, is regarded as a parent of the child; and(c)for a Torres Strait Islander child—a person who, under Island custom, is regarded as a parent of the child.relevant disability services, for a person with disability, means disability services, and care and support associated with the person’s disability, prescribed by regulation.relevant person means—(a)for an adult with a disability—(i)a person nominated by the adult to deal with matters under this part on behalf of the adult; or(ii)a guardian or an administrator for the adult; or(iii)an attorney appointed by the adult under an enduring power of attorney under the Powers of Attorney Act 1998; or(iv)a member of the adult’s support network, other than a paid carer for the adult within the meaning of the Guardianship and Administration Act 2000; or(b)for a child with a disability—a parent of the child.
38 Approval for funding
(1)The Minister may approve funding to—(a)a person with disability, to enable the person to obtain relevant disability services; or(b)a relevant person for a person with disability, to enable the relevant person to obtain relevant disability services for the person with disability.(2)If the Minister approves funding to a person mentioned in subsection (1), the funding can not be provided to the person unless the person has entered into an individual funding agreement under section 39 in relation to the funding.
39 Individual funding agreement
(1)If the Minister approves funding to a person under section 38, the person may enter into an individual funding agreement with the chief executive for the funding.(2)The individual funding agreement must—(a)include the terms and conditions the chief executive considers appropriate; and(b)state the relevant disability services to be obtained with the funding.
Part 5 Disability worker screening and related requirements
Division 1 Preliminary
Subdivision 1 General
40 Main purposes of part
This part—(a)establishes a scheme for screening persons, by obtaining and considering their criminal history and other relevant information, to assess whether the persons pose an unacceptable risk of harm to people with disability; and(b)requires persons who carry out, or propose to carry out, particular work with people with disability to be screened under the scheme before they start carrying out the work; and(c)prohibits persons from carrying out particular work with people with disability if the chief executive decides they pose an unacceptable risk of harm to the people with disability.
41 Paramount consideration
The paramount consideration in making a decision under this part is the right of people with disability to live lives free from abuse, violence, neglect or exploitation, including financial abuse or exploitation.
41A [Repealed]
42 Part applies despite Criminal Law (Rehabilitation of Offenders) Act 1986
This part applies to a person despite the Criminal Law (Rehabilitation of Offenders) Act 1986.
43 Exemption for secondary school student on work experience
(1)This section applies if—(a)a secondary school student on work experience carries out disability work for a service provider (the work experience provider); and(b)another provision of this part requires a person who is engaged to carry out the disability work to hold a clearance or interstate NDIS clearance.(2)Despite the other provision, the student is not required to hold the clearance or interstate NDIS clearance to carry out the disability work.(3)The work experience provider does not commit an offence against the other provision in relation to the student carrying out the disability work if the student carries out the work under the direct supervision of—(a)for NDIS disability work—a person who holds an NDIS clearance or interstate NDIS clearance; or(b)for State disability work—a person who holds a clearance.
Subdivision 2 Interpretation
43A Definition for part
In this part—disability services department means the department responsible for administering part 1.
44 When a person is engaged to carry out work for entity
(1)A person is engaged to carry out work for an entity if—
(a)the person has an agreement with the entity to carry out the work as an employee or volunteer of the entity; or(b)the person carries out the work under a contract for services between—(i)the entity and the person; or(ii)the entity and another person.(2)For this section, it does not matter—(a)whether the agreement or contract is written or unwritten; or(b)whether the work is carried out voluntarily or for financial reward; or(c)how long the person is engaged to carry out the work; or(d)whether the agreement or contract provides for the person to carry out work on 1 occasion or an ongoing basis, whether regularly or irregularly.(3)Also, for this section, the nature of the work does not matter.Note—
See also sections 46, 48 and 49.
44A [Repealed]
45 Meaning of NDIS disability work and risk-assessed NDIS work
(1)NDIS disability work is work that includes the delivery of NDIS supports or services to a person with disability.(2)Risk-assessed NDIS work is NDIS disability work carried out in a role for which the normal duties—(a)include the direct delivery of specified NDIS supports or services to a person with disability; or(b)are likely to require more than incidental contact with a person with disability.(3)For subsection (2)(b), the normal duties of a person’s role are likely to require more than incidental contact with a person with disability if the duties include—(a)physically touching a person with disability; or(b)building a rapport with a person with disability as an integral and ordinary part of the performance of the duties; or(c)duties that, under the NDIS (Worker Screening) Practice Standards, are defined to be, or otherwise described as, duties that require more than incidental contact with a person with disability.(4)In this section—contact includes—(a)physical contact; and(b)face-to-face contact; and(c)oral, written and electronic communication.rapport means a relationship or understanding that is more than merely polite and functional.specified NDIS supports or services means NDIS supports or services that, under the NDIS (Worker Screening) Practice Standards, are—(a)specified supports or specified services; or(b)identified as supports or services that, if delivered directly to a person with disability, must be delivered by a person who holds an NDIS clearance or interstate NDIS clearance.
46 Key personnel of NDIS service provider taken to be engaged in risk-assessed NDIS work
(1)A person is taken to be engaged to carry out risk-assessed NDIS work for an NDIS service provider if the person is key personnel of the service provider.(2)In this section—key personnel see the National Disability Insurance Scheme Act 2013 (Cwlth), section 11A.
47 Meaning of State disability work
(1)State disability work is work that includes providing disability services that is carried out for the disability services department or a funded service provider.(2)State disability work does not include work carried out at a place where a funded service provider provides disability services that is carried out—(a)by a consumer of the service provider; or(b)by a tradesperson who—(i)performs work at the place from time to time; and(ii)is not an employee of the service provider; or(c)by a volunteer who—(i)is a relative of a person who receives disability services at the place; and(ii)is at the place only to help with the care of the person.
48 When person is engaged to carry out State disability work
(1)A person is engaged to carry out State disability work for the disability services department if the person—(a)is engaged to carry out the work at a place at which the department provides disability services; or(b)is a public service employee employed at a place mentioned in paragraph (a); or(c)is a member of a committee established under section 222.(2)A person is engaged to carry out State disability work for a funded service provider if the person is engaged to carry out the work at a place at which the service provider provides disability services.(3)A person is not engaged to carry out State disability work for the disability services department or a funded service provider if the person is engaged to carry out the work, and carries out the work, for not more than 7 days in a calendar year.(4)This section does not limit section 44.
49 Particular members or officers taken to be engaged in State disability work for funded service provider
A person is taken to be engaged to carry out State disability work for a funded service provider if—(a)the person is a member of a board, management committee or other governing body of the service provider; or(b)if the service provider is a corporation—the person is an executive officer of the service provider.
50 Meaning of clearance and types of clearances
(1)A clearance is a declaration, issued by the chief executive to a person, that—(a)screening of the person has been conducted under this part; and(b)the person is permitted to carry out disability work.(2)An NDIS clearance is a clearance issued to a person who made an NDIS worker screening application.(3)An interstate NDIS clearance is a declaration, however called, issued under a corresponding law that corresponds to an NDIS clearance.(4)A State clearance is a clearance issued to a person who made a State disability worker screening application.
51 Meaning of exclusion and types of exclusions
(1)An exclusion is a declaration, issued by the chief executive to a person, that—(a)screening of the person has been conducted under this part; and(b)the person is excluded from carrying out disability work.(2)An NDIS exclusion is an exclusion issued to a person who made an NDIS worker screening application.(3)An interstate NDIS exclusion is a declaration, however called, issued under a corresponding law that corresponds to an NDIS exclusion.(4)A State exclusion is an exclusion issued to a person who made a State disability worker screening application.
52 Meaning of notifiable person
(1)Each of the following is a notifiable person for a person—(a)if the chief executive is aware that an NDIS service provider engages, or proposes to engage, the person to carry out NDIS disability work—the NDIS service provider;(b)if the chief executive is aware that a funded service provider engages, or proposes to engage, the person to carry out State disability work—the funded service provider;(c)another entity prescribed by regulation to be a notifiable person for the person.(2)Subsection (3) applies for a person if—(a)the person delivers NDIS supports or services to an NDIS participant as—(i)an NDIS sole trader; or(ii)a person engaged by an NDIS service provider to deliver the supports or services; and(b)the Agency is not wholly managing the funding for supports under the NDIS participant’s plan; and(c)the chief executive is notified, or otherwise becomes aware, that the person is delivering the NDIS supports or services to the NDIS participant.(3)Each of the following is also a notifiable person for the person—(a)the NDIS participant;(b)another person recognised by the chief executive as a person with the authority or responsibility to act for the NDIS participant in relation to the participant’s plan, other than the Agency.(4)In this section—Agency see the National Disability Insurance Scheme Act 2013 (Cwlth), section 9.managing the funding for supports, under an NDIS participant’s plan, see the National Disability Insurance Scheme Act 2013 (Cwlth), section 42.NDIS participant means a person who is a participant in the national disability insurance scheme under the National Disability Insurance Scheme Act 2013 (Cwlth).plan, for an NDIS participant, means the NDIS participant’s plan under the national disability insurance scheme.
Division 2 Requirements related to persons carrying out disability work
Subdivision 1 NDIS disability work
53 Registered NDIS provider engaging person to carry out risk-assessed NDIS work
(1)A registered NDIS provider must not engage, or continue to engage, a person to carry out risk-assessed NDIS work unless the person holds an NDIS clearance or interstate NDIS clearance.Maximum penalty—
(a)if an aggravating circumstance applies to the offence—200 penalty units or 2 years imprisonment; or(b)otherwise—100 penalty units.(2)It is an aggravating circumstance for an offence against subsection (1) if the registered NDIS provider has been given notice that—(a)the person’s NDIS clearance was cancelled on the person’s request under division 6; or(b)the person’s interstate NDIS clearance was cancelled on the person’s request under a corresponding law.(3)A registered NDIS provider does not commit an offence against subsection (1) if—(a)the person (a subcontractor) is engaged to carry out the risk-assessed NDIS work under a contract for services between the provider and another person; and(b)the provider has complied with the NDIS (Worker Screening) Practice Standards in relation to the subcontractor being engaged to carry out the risk-assessed NDIS work for the provider.
54 Carrying out risk-assessed NDIS work without NDIS clearance or interstate NDIS clearance prohibited
(1)A person must not start, or continue, an engagement to carry out risk-assessed NDIS work for a registered NDIS provider unless the person holds an NDIS clearance or interstate NDIS clearance.Maximum penalty—
(a)if an aggravating circumstance applies to the offence—500 penalty units or 5 years imprisonment; or(b)otherwise—100 penalty units.(2)A person who is a registered NDIS provider must not carry out risk-assessed NDIS work as an NDIS sole trader unless the person holds an NDIS clearance or interstate NDIS clearance.Maximum penalty—500 penalty units or 5 years imprisonment.
(3)It is an aggravating circumstance for an offence against subsection (1) if the person—(a)held an NDIS clearance that was cancelled on the person’s request under division 6; or(b)held an interstate NDIS clearance that was cancelled on the person’s request under a corresponding law; or(c)is a disqualified person; or(d)holds a negative notice under the Working with Children Act; or(e)is subject to—(i)offender reporting obligations; or(ii)an offender prohibition order; or(iii)an offender prohibition disqualification order; or(iv)a sexual offender order; or(f)is the respondent to an application for an offender prohibition order.
55 Engaging person with NDIS exclusion or interstate NDIS exclusion prohibited
An NDIS service provider must not engage, or continue to engage, a person to carry out NDIS disability work if—(a)the person holds an NDIS exclusion or an interstate NDIS exclusion; and(b)the service provider knows, or ought reasonably to know, the person holds an NDIS exclusion or interstate NDIS exclusion.Maximum penalty—200 penalty units or 2 years imprisonment.
56 Engaging person with suspended NDIS clearance or interstate NDIS clearance, or subject to interim bar, prohibited
(1)This section applies if—(a)a person—(i)holds an NDIS clearance that is suspended under division 6; or(ii)holds an interstate NDIS clearance that is suspended under a corresponding law; or(iii)is subject to an interim bar; and(b)an NDIS service provider knows, or ought reasonably to know, the person’s NDIS clearance or interstate NDIS clearance is suspended or the interim bar is in effect for the person.(2)The NDIS service provider must not—(a)if the person is engaged by the service provider under an existing arrangement to carry out NDIS disability work for the service provider—allow the person to carry out work that is NDIS disability work; or(b)otherwise—start to engage the person to carry out NDIS disability work.Maximum penalty—200 penalty units or 2 years imprisonment.
Note—
See sections 84(3) and 113(3) for the restrictions on terminating a person’s employment solely or mainly because the person’s clearance is suspended or an interim bar is in effect for the person.
57 Holder of NDIS exclusion or interstate NDIS exclusion prohibited from carrying out NDIS disability work
A person who holds an NDIS exclusion or an interstate NDIS exclusion must not—(a)start, or continue, an engagement to carry out NDIS disability work for an NDIS service provider; or(b)carry out NDIS disability work as an NDIS sole trader.Maximum penalty—500 penalty units or 5 years imprisonment.
Subdivision 2 State disability work
58 Funded service provider must prepare annual risk management strategy
(1)Each year, a funded service provider that engages 1 or more persons to carry out State disability work must develop and implement a written strategy (a risk management strategy) that complies with this section.Maximum penalty—20 penalty units.
(2)A risk management strategy must include practices and procedures for engaging persons who carry out State disability work for the funded service provider in ways that—(a)promote the wellbeing of people with disability; and(b)protect people with disability from abuse, violence, neglect or exploitation.(3)A regulation may prescribe other matters that must be included in a risk management strategy.
59 Funded service provider engaging person to carry out State disability work
(1)A funded service provider must not engage, or continue to engage, a person to carry out State disability work unless—(a)the person holds a clearance; and(b)the service provider has given the chief executive a notice, under subsections (3) and (4), about engaging the person to carry out State disability work.Maximum penalty—
(a)if an aggravating circumstance applies to the offence—200 penalty units or 2 years imprisonment; or(b)otherwise—100 penalty units.(2)It is an aggravating circumstance for an offence against subsection (1) if—(a)the person holds an exclusion and the funded service provider knows, or ought reasonably to know, the person holds the exclusion; or(b)the funded service provider is given notice that the person’s clearance was cancelled on the person’s request under division 6.(3)Before giving a notice mentioned in subsection (1)(b), the funded service provider must take reasonable steps to verify the person’s identity.Examples of reasonable steps—
viewing the person’s clearance or driver licence that includes the person’s photograph(4)A notice mentioned in subsection (1)(b) must be given in the approved form and in an approved way.
60 Engaging person with suspended clearance, or subject to interim bar, prohibited
(1)This section applies if—(a)a person—(i)holds a clearance that is suspended; or(ii)is subject to an interim bar; and(b)a funded service provider knows, or ought reasonably to know, the person’s clearance is suspended or the interim bar is in effect for the person.(2)The funded service provider must not—(a)if the person is engaged by the service provider under an existing arrangement to carry out State disability work for the service provider—allow the person to carry out work that is State disability work; or(b)otherwise—start to engage the person to carry out State disability work.Maximum penalty—200 penalty units or 2 years imprisonment.
Note—
See sections 84(3) and 113(3) for the restrictions on terminating a person’s employment solely or mainly because the person’s clearance is suspended or an interim bar is in effect for the person.
61 Carrying out State disability work without clearance prohibited
(1)A person must not start, or continue, an engagement to carry out State disability work for the disability services department or a funded service provider unless the person holds a clearance.Maximum penalty—
(a)if an aggravating circumstance applies to the offence—500 penalty units or 5 years imprisonment; or(b)otherwise—100 penalty units.(2)A person must not carry out State disability work as a State sole trader unless the person holds a clearance.Maximum penalty—500 penalty units or 5 years imprisonment.
(3)It is an aggravating circumstance for an offence against subsection (1) if the person—(a)holds an exclusion; or(b)held a clearance that was cancelled on the person’s request under division 6; or(c)is a disqualified person; or(d)holds a negative notice under the Working with Children Act; or(e)is subject to—(i)offender reporting obligations; or(ii)an offender prohibition order; or(iii)an offender prohibition disqualification order; or(iv)a sexual offender order; or(f)is the respondent to an application for an offender prohibition order.
Subdivision 3 General
62 No contravention of particular requirements in absence of notice
(1)This section applies in relation to—(a)a provision of this division about a person carrying out disability work; and(b)a person who—(i)held a clearance that was cancelled under division 6; or(ii)held an interstate NDIS clearance that was cancelled under a corresponding law; or(iii)holds an exclusion issued to the person after the person’s clearance was cancelled under division 6; or(iv)holds an interstate NDIS exclusion issued to the person after the person’s interstate NDIS clearance was cancelled under a corresponding law.(2)A court may not find that the person contravened the provision unless the person was given notice about the cancellation of the clearance or interstate NDIS clearance held by the person or the issue of the exclusion or interstate NDIS exclusion to the person.
63 Complying with requirement to end, or not start, person’s engagement
(1)This section applies if it would be an offence against a provision of this part for an NDIS service provider or funded service provider to engage, or continue to engage, a person (the engaged person) to carry out disability work.(2)The NDIS service provider or funded service provider must comply with the provision despite another Act or law or any industrial award or agreement.(3)The NDIS service provider or funded service provider does not incur any liability because, in complying with the provision, the service provider does not engage, or continue to engage, the engaged person to carry out disability work.(4)A person whose clearance is suspended under division 6, or whose interstate NDIS clearance is suspended under a corresponding law, may be engaged by the NDIS service provider or funded service provider other than to carry out disability work until the suspension ends.
Division 3 Disability worker screening applications
Subdivision 1 Prohibited disability worker screening applications
64 Application by exclusion holder prohibited
(1)A person who holds an exclusion or an interstate NDIS exclusion must not make a disability worker screening application.Maximum penalty—500 penalty units or 5 years imprisonment.
(2)An application made in contravention of subsection (1) has no effect.
Subdivision 2 Applications generally
65 Application related to NDIS disability work
A person may apply to the chief executive for a clearance if the person—(a)is, or proposes to be—(i)engaged by an NDIS service provider to carry out NDIS disability work; or(ii)an NDIS sole trader; or(iii)engaged by an entity prescribed by regulation for this section; and(b)complies with each other criterion prescribed by regulation for this section.
66 Application related to State disability work
A person may apply to the chief executive for a clearance if the person is, or proposes to be—(a)engaged by the disability services department or a funded service provider to carry out State disability work; or(b)a State sole trader; or(c)engaged by an entity prescribed by regulation for this section.
67 Application combined with working with children check application
(1)A person may combine an application under section 65 or 66 with a working with children check application.(2)An application made under subsection (1) is a combined application.(3)This part applies to a combined application to the extent it is an application under section 65 or 66.(4)If a combined application is made to the chief executive, the chief executive must give the information in the combined application, to the extent the information relates to the person’s working with children check application, to the chief executive (working with children).
67A [Repealed]
67B [Repealed]
68 Form of application
(1)A disability worker screening application must be—(a)made in the approved form and in an approved way; and(b)signed by the applicant; and(c)accompanied by the fee prescribed by regulation for the application.(2)The approved form must provide for the applicant—(a)to provide proof of the applicant’s identity; and(b)to consent to being screened under this part; and(c)if the applicant is engaged, or proposes to be engaged, to carry out disability work—to provide information about the entity that has engaged, or proposes to engage, the applicant to carry out the disability work.
69 Chief executive may request further information
(1)After receiving a disability worker screening application, the chief executive may give the applicant a notice asking the applicant to give the chief executive, within a reasonable stated time—(a)stated information the chief executive reasonably needs to establish the applicant’s identity; or(b)stated information, including by way of a submission, about a stated matter that the chief executive reasonably believes is relevant to the application.(2)A request under subsection (1) must state that, if the applicant does not comply with the request within the stated time, the application may be withdrawn.
69A [Repealed]
70 Applicant must give notice of change in information
(1)This section applies if, before the chief executive decides a disability worker screening application—(a)the applicant’s name or contact details as stated in the application change; or(b)if the application states information about the applicant’s engagement with an NDIS service provider or funded service provider—the stated information changes; or(c)another matter, prescribed by regulation for this section, changes in relation to the applicant.(2)The applicant must give the chief executive a notice about the change, in the approved form and in an approved way, within 7 days after the change happens.Maximum penalty—10 penalty units.
71 Notice of change in police information or risk assessment matter
(1)This section applies if, before the chief executive decides a disability worker screening application, the applicant becomes aware that—(a)the police information about the applicant changes; or(b)a risk assessment matter relating to the applicant changes.(2)The applicant must immediately give the chief executive a notice about the change, in the approved form and in an approved way.Maximum penalty—100 penalty units.
(3)For subsection (1)(a), the police information about a person changes if a criminal history event happens in relation to the person.
72 Expired clearance continues in force pending decision
(1)This section applies if an applicant holds a clearance that, but for this section, would end under section 101(2).(2)The clearance remains in force—(a)from when the clearance would have ended under section 101(2); and(b)until—(i)the applicant’s disability worker screening application is decided or withdrawn; or(ii)the applicant stops being a person who may apply for a clearance under section 65 or 66.
73 Holder of expired interstate NDIS clearance taken to hold NDIS clearance pending decision
(1)This section applies if an applicant holds an interstate NDIS clearance that ends under a corresponding law because the term of the clearance has ended.(2)The applicant is taken to hold an NDIS clearance—(a)from the end of the term of the interstate NDIS clearance under the corresponding law; and(b)until—(i)the applicant’s disability worker screening application is decided or withdrawn; or(ii)the applicant stops being a person who may apply for a clearance under section 65; or(iii)an interim bar is imposed on the applicant.
Subdivision 3 Withdrawal of application
74 Notice of withdrawal
(1)If the chief executive withdraws a disability worker screening application under this subdivision before it is decided, the chief executive must give the applicant a notice that states—(a)the application is withdrawn; and(b)the reason for the withdrawal.(2)The chief executive must also give a notice mentioned in subsection (1) to each notifiable person for the applicant.
75 Withdrawal by applicant
(1)The applicant may ask the chief executive to withdraw the applicant’s disability worker screening application at any time before it is decided.(2)The request may be made orally or in writing.(3)The chief executive must withdraw the application unless the chief executive refuses to withdraw the application under section 76.
76 Refusal to withdraw by chief executive
(1)The chief executive may refuse to withdraw an applicant’s disability worker screening application if—(a)an interim bar is in effect for the applicant; or(b)an interstate NDIS clearance held by the applicant is suspended under a corresponding law; or(c)the applicant was previously issued an exclusion or an interstate NDIS exclusion; or(d)the chief executive, in relation to deciding the application—(i)has given, or is proposing to give, the applicant a show cause notice under section 95; or(ii)reasonably suspects a risk assessment of the applicant will demonstrate that the applicant poses an unacceptable risk of harm to people with disability.(2)If the chief executive refuses to withdraw the application, the chief executive must give the applicant a notice that states the reasons for the refusal.
77 Request to withdraw combined application
(1)This section applies if the applicant made a combined application.(2)The applicant may combine a request to withdraw the applicant’s disability worker screening application under section 75 with a notice withdrawing the applicant’s working with children check application.(3)A request made under subsection (2) is a combined withdrawal request.Note—
The request may be made orally or in writing. See—(a)section 75(2); and(b)the Working with Children Act, section 196(3).(4)This subdivision applies to a combined withdrawal request to the extent it is a request under section 75.(5)If a combined withdrawal request is made to the chief executive, the chief executive must give a notice about the combined withdrawal request to the chief executive (working with children).
78 Withdrawal because identity can not be established
The chief executive must withdraw a disability worker screening application if—(a)the chief executive gives the applicant a notice under section 69(1)(a); and(b)the notice includes the warning mentioned in section 69(2); and(c)the chief executive can not establish the applicant’s identity with certainty.
79 Withdrawal because of failure to comply with particular requests
The chief executive may withdraw a disability worker screening application if—(a)the chief executive gives the applicant—(i)a notice under section 69(1)(b) asking the applicant to provide stated information; or(ii)a notice under section 138U or 138X asking the applicant to give the consent, or take the other action, stated in the notice; and(b)the notice includes a warning that, if the applicant does not comply with the notice, the application may be withdrawn; and(c)the applicant does not comply with the notice.
80 Withdrawal of NDIS worker screening application in particular circumstances
The chief executive must withdraw an NDIS worker screening application if the chief executive is satisfied—(a)that, before the application was made, the applicant applied for an interstate NDIS clearance under a corresponding law and that application has not been decided or withdrawn; or(b)since the application was made, the applicant has been issued an interstate NDIS exclusion.
Subdivision 4 Interim bar for particular applicants
81 Application of subdivision
(1)This subdivision applies if any of the following happens in relation to an applicant—(a)the applicant—(i)is charged with a disqualifying offence that has not been dealt with; and(ii)was an adult when the offence is alleged to have been committed;(b)the applicant becomes the subject of a banning order made for a reason that, in the chief executive’s opinion, is relevant to whether the applicant poses a risk of harm to people with disability;(c)the chief executive, in deciding the applicant’s application, reasonably suspects a risk assessment of the applicant will demonstrate that the applicant poses an unacceptable risk of harm to people with disability.(2)However, this subdivision does not apply in relation to an applicant who holds a clearance that is suspended under division 6.Note—
See sections 56, 60 and 113 in relation to the effect of the suspension of a person’s clearance.
82 Chief executive must impose interim bar on applicant
(1)The chief executive must impose an interim bar on the applicant.(2)The chief executive imposes an interim bar by giving the applicant a notice that states—(a)the interim bar is imposed on the applicant; and(b)the reason for imposing the interim bar; and(c)the effect of the interim bar.
83 Notifiable persons and potential employers notified about interim bar
(1)The chief executive must give each notifiable person for the applicant a notice that states—(a)the applicant has made a disability worker screening application that has not been decided; and(b)an interim bar has been imposed on the applicant; and(c)the effect of the interim bar; and(d)an employer of the applicant who is given notice about the interim bar under this section must not terminate the applicant’s employment solely or mainly because the interim bar is in effect for the person.Note—
See section 138ZZB in relation to notices under this section if the NDIS commission communicates the relevant information to the notifiable person.(2)Also, the chief executive may give a notice mentioned in subsection (1) to a potential employer of the applicant.
84 Effect of interim bar
(1)This section applies if the chief executive imposes an interim bar on an applicant under section 82.(2)While the interim bar is in effect, the applicant must not—(a)start an engagement to carry out disability work; or(b)if, when the interim bar is imposed, the applicant is engaged to carry out disability work for an NDIS service provider, funded service provider or the disability services department—carry out work for the service provider or department that is disability work; or(c)carry out disability work as an NDIS sole trader or State sole trader.Maximum penalty—500 penalty units or 5 years imprisonment.
(3)An employer of the applicant who is given notice about the interim bar under section 83 must not terminate the applicant’s employment solely or mainly because the interim bar is in effect for the applicant.Notes—
1See also sections 56 and 60 in relation to NDIS service providers or funded service providers allowing the applicant to carry out disability work.2See section 138ZZB in relation to notices under section 83 if the NDIS commission communicates the relevant information to the notifiable person.
85 When interim bar ends
(1)An interim bar imposed on an applicant ends if—(a)the applicant’s disability worker screening application is—(i)decided under division 4; or(ii)withdrawn under subdivision 3; or(b)the chief executive decides to end the interim bar under subsection (2).(2)The chief executive may decide to end an interim bar if the chief executive reasonably suspects that a risk assessment of the applicant will demonstrate that the applicant does not pose an unacceptable risk of harm to people with disability.(3)If an interim bar has been imposed on the applicant for at least 6 months, the applicant may apply to the chief executive to end the interim bar.(4)The application must be made in the approved form and in an approved way.(5)The chief executive is not required to decide the applicant’s application to end the interim bar if—(a)a charge for an offence against the person has not been dealt with; or(b)the chief executive is aware that an incident involving the person, or an allegation or complaint about the person’s conduct, that is relevant to whether the person poses a risk of harm to people with disability is being investigated and the investigation has not ended.(6)The chief executive may decide the applicant’s application to end the interim bar—(a)by deciding to end the interim bar under subsection (2); or(b)if the applicant has asked the chief executive to withdraw the applicant’s disability worker screening application under section 75—by withdrawing the application; or(c)by refusing to end the interim bar.(7)If the chief executive decides to refuse to end the interim bar, the chief executive must give the applicant a notice that states—(a)the decision and the reasons for the decision; and(b)the relevant review and appeal information.
Division 4 Dealing with and deciding application
Subdivision 1 Preliminary
86 Application of division
This division applies if a person made a disability worker screening application and the application has not been withdrawn.
87 Dealing with application
(1)The chief executive must—(a)consider the person’s application and the information available to the chief executive about the person; and(b)if section 89 or 90 apply to the person—decide the application under that section; and(c)if section 91 or 92 apply to the person—conduct a risk assessment of the person before deciding the application under that section.(2)However, the chief executive is not required to decide the person’s application if—(a)a charge for an offence against the person has not been dealt with; or(b)the chief executive is aware that an incident involving the person, or an allegation or complaint about the person’s conduct, that is relevant to whether the person poses a risk of harm to people with disability is being investigated and the investigation has not ended.
88 Information to be considered
(1)The chief executive must consider each of the following types of information for a person of which the chief executive is aware, if any—(a)police information;(b)domestic violence information;(c)disciplinary information;(d)NDIS disciplinary or misconduct information;(e)information about—(i)whether the person holds, or has previously held, a clearance, interstate NDIS clearance, exclusion or interstate NDIS exclusion; or(ii)if the person has previously held a clearance or interstate NDIS clearance—whether the clearance was suspended at any time or cancelled.(2)The chief executive may consider other information about the person that is relevant to whether the person poses a risk of harm to people with disability.
Subdivision 2 Deciding application
89 Deciding application—no relevant information
The chief executive must issue a clearance to the person if the chief executive is not aware of any information mentioned in section 88 about the person.
90 Deciding application—disqualified person
(1)This section applies if the chief executive is aware the person is a disqualified person.(2)The chief executive must issue an exclusion to the person.
91 Deciding application—exceptional circumstances for adult offender
(1)This section applies if the chief executive is aware—(a)the person has a conviction for a serious offence and was an adult when the offence was committed; or(b)the person—(i)has been charged with a disqualifying offence or serious offence that has not been dealt with; and(ii)was an adult when the offence is alleged to have been committed.Note—
See section 95 for the requirement for the chief executive to give the person a show cause notice before deciding the person’s application if this section applies.(2)The chief executive must issue the person an exclusion.(3)However, the chief executive may issue the person a clearance if satisfied there are exceptional circumstances such that the person does not pose an unacceptable risk of harm to people with disability.
92 Deciding application—general assessment of risk posed
(1)This section applies if sections 89, 90 and 91 do not apply to the person.(2)The chief executive must—(a)if satisfied the person does not pose an unacceptable risk of harm to people with disability—issue a clearance to the person; or(b)if satisfied the person poses an unacceptable risk of harm to people with disability—issue an exclusion to the person.
Subdivision 3 Assessing risk person poses to people with disability
93 How chief executive conducts risk assessment
(1)The chief executive conducts a risk assessment of a person by—(a)considering the information about the person obtained by the chief executive under this part; and(b)deciding whether the person poses an unacceptable risk of harm to people with disability.(2)In conducting the risk assessment, the chief executive—(a)must consider information as required under this division; and(b)may decide the person poses an unacceptable risk of harm to people with disability—(i)if satisfied there is a real and appreciable risk that the person might cause harm to people with disability; and(ii)without needing to be satisfied it is likely the person will cause the harm.
94 Matters to consider
(1)This section applies if the chief executive is aware of conduct of the person (the person’s offending conduct) that—(a)involved the commission of an offence; or(b)was the subject of a complaint, allegation or investigation under a law; or(c)is otherwise relevant to whether the person poses a risk of harm to people with disability.(2)The chief executive must consider the following matters—(a)the nature, gravity and circumstances of the person’s offending conduct;(b)how the person’s offending conduct is relevant to disability work;(c)how long ago the person’s offending conduct occurred;(d)if the person’s offending conduct was committed against another person (the victim)—(i)the victim’s vulnerability at the time of the conduct; and(ii)the person’s relationship to, or position of authority over, the victim at the time of the conduct;(e)whether the person’s offending conduct indicates a pattern of concerning behaviour;(f)the person’s conduct since the offending conduct;(g)any other circumstances relevant to the person’s offending conduct.
95 Action before making adverse decision
(1)This section applies if—(a)section 91 applies to the person; or(b)the chief executive is proposing to decide that the person poses an unacceptable risk of harm to people with disability.(2)Before deciding the person’s application, the chief executive must—(a)give the person a notice (a show cause notice) that complies with section 96; and(b)consider any submissions the person makes in response to the show cause notice.
96 Requirements for show cause notice
A show cause notice given to a person under section 95 must—(a)state the following information about the person of which the chief executive is aware—(i)police information;(ii)domestic violence information;(iii)disciplinary information;(iv)NDIS disciplinary or misconduct information;(v)other information that the chief executive reasonably believes is relevant to whether the person poses a risk of harm to people with disability; and(b)state that, because of the circumstances mentioned in section 95(1), the chief executive proposes to issue the person an exclusion unless the chief executive is satisfied that—(i)if section 91 applies to the person—there are exceptional circumstances; and(ii)the person does not pose an unacceptable risk of harm to people with disability; and(c)invite the person to make submissions to the chief executive about—(i)if section 91 applies to the person—whether there are exceptional circumstances; and(ii)why the chief executive should not issue an exclusion to the person; and(d)state the period in which the person may make the submissions, which must be at least 7 days after the chief executive gives the notice to the person.
Subdivision 4 Steps after application decided
97 Application of subdivision
This subdivision applies if the chief executive decides a person’s disability worker screening application.
98 Issuing clearance and clearance card
(1)If the chief executive decides to issue a clearance to the person, the chief executive must—
(a)give the person a notice that states the chief executive has decided—(i)if the person made an NDIS worker screening application—to issue the person an NDIS clearance; or(ii)if the person made a State disability worker screening application—to issue the person a State clearance; and(b)issue a clearance card for the clearance to the person.(2)A clearance card, for a clearance issued to a person, is a document, in the form of a card, that evidences that the clearance has been issued to the person.
99 Issuing exclusion
If the chief executive decides to issue an exclusion to the person, the chief executive must give the person a notice that states—(a)the chief executive has decided—(i)if the person made an NDIS worker screening application—to issue the person an NDIS exclusion; or(ii)if the person made a State disability worker screening application—to issue the person a State exclusion; and(b)the reasons for the decision; and(c)the relevant review and appeal information; and(d)that it is an offence against this Act for a person who holds an exclusion to—(i)make a disability worker screening application; or(ii)start or continue to be engaged in carrying out disability work; or(iii)carry out NDIS disability work as an NDIS sole trader or State disability work as a State sole trader.
100 Notifiable persons and potential employers notified about decision
(1)The chief executive must give each notifiable person for the person a notice that states whether the person was issued—(a)if the person made an NDIS worker screening application—an NDIS clearance or NDIS exclusion; or(b)if the person made a State disability worker screening application—a State clearance or State exclusion.Note—
See section 138ZZB in relation to notices under this section if the NDIS commission communicates the relevant information to the notifiable person.(2)Also, the chief executive may give a notice mentioned in subsection (1) to a potential employer of the person.
101 Term of clearance
(1)The term of a clearance starts—(a)when the clearance is issued; or(b)if the person holds another clearance with a term that ends on a later day—immediately after the existing clearance ends.(2)Unless it is cancelled earlier under division 6, the term of a clearance ends—(a)for an NDIS clearance—5 years after it starts under subsection (1); or(b)for a State clearance—3 years after it starts under subsection (1).
102 Term of exclusion
An exclusion remains in force unless it is cancelled under division 7.
Division 5 General provisions about clearances
Subdivision 1 Change in information
103 Clearance holder to notify if no longer carrying out work as volunteer or on unpaid basis
(1)This section applies if—(a)a person holds a clearance that is not suspended; and(b)during the term of the clearance, the person is or was—(i)engaged to carry out disability work only as a volunteer; or(ii)carrying out disability work as an NDIS sole trader or State sole trader only on an unpaid basis; and(c)either of the following changes happens—(i)the person is engaged to carry out disability work other than as a volunteer;(ii)the person starts carrying out disability work as an NDIS sole trader or State sole trader for financial reward.(2)The person must, within 14 days after the change happens—(a)give the chief executive a notice, in the approved form and in an approved way, about the change; and(b)if the person is required to pay the prescribed application fee under subsection (3)—pay the prescribed application fee to the chief executive.Maximum penalty—10 penalty units.
Note—
See section 106 in relation to the chief executive issuing a replacement clearance card because of the change.(3)The person must pay the prescribed application fee if the disability worker screening application in relation to which the clearance was issued was made on the basis that the person was—(a)engaged, or to be engaged, to carry out disability work only as a volunteer; or(b)carrying out, or proposing to carry out, disability work as an NDIS sole trader or State sole trader only on an unpaid basis.(4)In this section—prescribed application fee means the fee prescribed by regulation for a disability worker screening application made by a person—(a)for a person who gives a notice under subsection (2) for a change mentioned in subsection (1)(c)(i)—engaged to carry out disability work other than as a volunteer; or(b)for a person who gives a notice under subsection (2) for a change mentioned in subsection (1)(c)(ii)—carrying out disability work as an NDIS sole trader or State sole trader for financial reward.unpaid basis, for carrying out disability work, means the work is carried out other than for financial reward.
104 Clearance holder to notify change in other information
(1)A person who holds a clearance must immediately give the chief executive a notice, in the approved form and in an approved way, if the person becomes aware that—(a)the police information about the person changes; or(b)a risk assessment matter relating to the person changes.Maximum penalty—100 penalty units.
(2)For subsection (1), the police information about a person changes if a criminal history event happens in relation to the person.(3)Also, a person who holds a clearance must, within 14 days after any of the following matters change, give the chief executive a notice, in the approved form and in an approved way, about the change—(a)the person’s name;(b)the person’s contact details;(c)another matter about the person, other than a matter to which section 103 or subsection (1) applies, prescribed by regulation for this subsection.Maximum penalty—10 penalty units.
Subdivision 2 Replacement of clearance card
105 Replacement of lost or stolen card
(1)If a person’s clearance card is lost or stolen (the lost or stolen card), the person must, within 14 days after the loss or theft—(a)give the chief executive a notice about the loss or theft in the approved form and in an approved way; and(b)either—(i)apply for a replacement clearance card; or(ii)ask the chief executive under section 124 to cancel the person’s clearance.Maximum penalty—10 penalty units.
(2)An application under subsection (1)(b)(i) must be—(a)made in the approved form and in an approved way; and(b)accompanied by the fee prescribed by regulation for the application.(3)The chief executive must—(a)cancel the lost or stolen card; and(b)if the person applied for a replacement clearance card under subsection (1)(b)(i)—issue a replacement clearance card to the person.
106 Replacement for change of name, contact details or volunteer or unpaid status
(1)This section applies if a person who holds a clearance gives the chief executive notice that—(a)the person’s name or contact details have changed; or(b)a change mentioned in section 103(1)(c) has happened.(2)If the chief executive considers it is appropriate to do so because of the change, the chief executive may issue a replacement clearance card to the person.(3)If the chief executive issues a replacement clearance card to the person, the chief executive must cancel the person’s previously held clearance card.
107 Requirement to return replaced card
(1)This section applies if the chief executive issues a clearance card (the replacement card) to a person who holds a clearance to replace a clearance card (the original card) previously issued to the person.(2)If the replacement card is issued other than because the person’s original card expired or was lost or stolen, the person must give the original card to the chief executive within 14 days after the replacement card is issued.Maximum penalty—10 penalty units.
(3)If the person’s original card was lost or stolen and the person regains possession of it, the person must give the original card to the chief executive within 7 days after regaining possession of it.Maximum penalty—10 penalty units.
(4)A person does not commit an offence against subsection (2) or (3) if the person has a reasonable excuse.
Division 6 Reassessment, suspension or cancellation of clearance
Subdivision 1 Reassessment of risk of harm to people with disability
108 Reassessment of risk of harm posed by holder of clearance
(1)The chief executive may conduct a risk assessment of a person who holds a clearance if the chief executive becomes aware of information about the person that—(a)was not known to the chief executive when the decision to issue the clearance was made; and(b)in the chief executive’s opinion, is relevant to whether the person poses a risk of harm to people with disability.(2)The chief executive must conduct a risk assessment of a person, under subsection (1) or otherwise, before the chief executive makes a decision under this division about whether the person poses an unacceptable risk of harm to people with disability.
109 Application of div 4, sdiv 3 to conducting risk assessment
(1)Division 4, subdivision 3 applies with necessary changes for conducting a risk assessment of a person under section 108.(2)Without limiting subsection (1), section 95 applies if, under this division, the chief executive is proposing to decide that the person poses an unacceptable risk of harm to people with disability.Note—
Section 95 requires the chief executive to give a person a show cause notice, and invite the person to make submissions, before the chief executive decides the person poses an unacceptable risk of harm to people with disability.
109A [Repealed]
Subdivision 2 Suspension of clearance
110 Application of subdivision
This subdivision applies in relation to a person who holds a clearance if—(a)the person—(i)is charged with a disqualifying offence that has not been dealt with; and(ii)was an adult when the offence is alleged to have been committed; or(b)the person becomes the subject of a banning order made for a reason that, in the chief executive’s opinion, is relevant to whether the person poses a risk of harm to people with disability; or(c)the chief executive—(i)is conducting a risk assessment of the person under subdivision 1; and(ii)reasonably suspects the assessment will demonstrate that the person poses an unacceptable risk of harm to people with disability.
111 Chief executive must suspend clearance
(1)The chief executive must suspend the person’s clearance by giving the person a notice (a suspension notice) about the suspension.(2)The suspension notice must state—(a)the person’s clearance is suspended; and(b)the reason for the suspension; and(c)how long the suspension will continue; and(d)the effect of the suspension; and(e)under section 128, the person must return the person’s clearance card to the chief executive immediately after the notice is given, unless the person has a reasonable excuse; and(f)the relevant review and appeal information.
112 Notifiable persons and potential employers notified about suspension
(1)The chief executive must give each notifiable person for the person a notice that states—(a)the person’s clearance is suspended; and(b)how long the suspension will continue; and(c)the effect of the suspension; and(d)it is an offence for an NDIS service provider or funded service provider to allow the person to carry out disability work while the clearance is suspended; and(e)an employer of the person who is given notice about the suspension of the person’s clearance under this section must not terminate the person’s employment solely or mainly because of the suspension.Note—
See section 138ZZB in relation to notices under this section if the NDIS commission communicates the relevant information to the notifiable person.(2)Also, the chief executive may give a notice mentioned in subsection (1) to a potential employer of the person.
113 Effect of suspension of clearance
(1)This section applies while the person’s clearance is suspended.(2)The person must not—(a)start an engagement to carry out disability work; or(b)if the person is engaged to carry out disability work for an NDIS service provider, funded service provider or the disability services department—carry out work for the service provider or department that is disability work; or(c)carry out disability work as an NDIS sole trader or State sole trader.Maximum penalty—500 penalty units or 5 years imprisonment.
(3)An employer of the person who is given notice about the suspension of the person’s clearance under section 112 must not terminate the person’s employment solely or mainly because of the suspension.Notes—
1See also sections 56 and 60 in relation to NDIS service providers or funded service providers allowing the person to carry out disability work.2See section 138ZZB in relation to notices under section 112 if the NDIS commission communicates the relevant information to the notifiable person.(4)The person’s clearance continues in force even if it would otherwise end under section 101(2).
114 When suspension of clearance ends
The suspension of the person’s clearance ends if—(a)the chief executive decides to cancel the clearance under section 115; or(b)the suspension ends under section 118; or(c)the clearance is otherwise cancelled under this division.
115 Deciding whether to cancel suspended clearance
(1)The chief executive may decide whether or not to cancel the person’s suspended clearance—(a)on the chief executive’s own initiative; or(b)in response to an application made by the person under section 116.(2)The chief executive must cancel the person’s clearance if the chief executive decides the person poses an unacceptable risk of harm to people with disability.Note—
See sections 108(2) and 109 in relation to making a decision under this section.(3)Otherwise, the chief executive may decide to—(a)not cancel the person’s clearance; and(b)end the suspension of the clearance.
116 Application to chief executive to end suspension of clearance
(1)If the person’s clearance has been suspended for at least 6 months, the person may apply to the chief executive to end the suspension of the clearance.(2)The application must be made in the approved form and in an approved way.(3)The chief executive is not required to decide the person’s application if—(a)a charge for an offence against the person has not been dealt with; or(b)the chief executive is aware that an incident involving the person, or an allegation or complaint about the person’s conduct, that is relevant to whether the person poses a risk of harm to people with disability is being investigated and the investigation has not ended.(4)The chief executive may decide the application—(a)by deciding under section 115 whether or not to cancel the person’s clearance; or(b)by deciding—(i)not to make a decision under section 115; and(ii)to continue the suspension of the person’s clearance.(5)If the chief executive makes a decision mentioned in subsection (4)(b), the chief executive must give the person a notice that states—(a)the decision and reasons for the decision; and(b)the relevant review and appeal information.
117 Chief executive decides to cancel suspended clearance
(1)If the chief executive decides to cancel the person’s clearance under section 115, the chief executive must—(a)cancel the clearance; and(b)issue an exclusion to the person as follows—(i)for a person who held an NDIS clearance—an NDIS exclusion;(ii)for a person who held a State clearance—a State exclusion; and(c)give the person a notice that states—(i)the decision and reasons for the decision; and(ii)that, if the person has not returned the person’s clearance card to the chief executive, under section 128, the person must return the person’s clearance card to the chief executive immediately, unless the person has a reasonable excuse; and(iii)the relevant review and appeal information; and(iv)the circumstances in which the person may apply under section 130 for the exclusion to be cancelled; and(d)give each notifiable person for the person, and each potential employer of the person given notice about the suspension of the clearance under section 112(2), a notice that states—(i)the person’s clearance has been cancelled; and(ii)the person has been issued an exclusion; and(iii)it is an offence for an NDIS service provider or funded service provider to engage, or to continue to engage, the person to carry out disability work.Note—
See section 138ZZB in relation to notices under this paragraph if the NDIS commission communicates the relevant information to the notifiable person.(2)Also, the chief executive may give a notice mentioned in subsection (1)(d) to another potential employer of the person.
118 Chief executive decides not to cancel suspended clearance
(1)This section applies if, under section 115, the chief executive decides not to cancel the person’s clearance and end the suspension of the clearance.(2)The suspension of the person’s clearance ends.(3)The chief executive must—(a)give a notice that states the suspension of the person’s clearance has ended to—(i)the person; and(ii)each notifiable person for the person; and(iii)each potential employer for the person who was given a notice about the suspension under section 112(2); and(b)if the chief executive has the person’s clearance card and the term of the person’s clearance has not ended under section 101(2)—return the person’s clearance card to the person.
Subdivision 3 Cancelling clearance by chief executive
119 Cancelling clearance—disqualified person
(1)The chief executive must cancel a person’s clearance if the person becomes a disqualified person.(2)This section applies whether or not the person’s clearance is suspended under section 111.
120 Cancelling clearance—wrong or incomplete information
(1)The chief executive must cancel a person’s clearance if the chief executive—(a)becomes aware the decision to issue the clearance was based on information that was wrong or incomplete; and(b)decides the person poses an unacceptable risk of harm to people with disability.Note—
See sections 108(2) and 109 in relation to making a decision under this section.(2)A risk assessment of the person conducted before the chief executive makes a decision mentioned in subsection (1)(b) must include consideration of the correct or complete information.(3)This section applies whether or not the person’s clearance is suspended under section 111.
121 Cancelling clearance—new relevant information
(1)The chief executive must cancel a person’s clearance if the chief executive—(a)becomes aware of information that—(i)was not known to the chief executive when the decision to issue the clearance was made; and(ii)in the chief executive’s opinion, is relevant to whether the person poses a risk of harm to people with disability; and(b)has not suspended the person’s clearance under section 111; and(c)decides the person poses an unacceptable risk of harm to people with disability.Note—
See sections 108(2) and 109 in relation to making a decision under this section.(2)A risk assessment of the person conducted before the chief executive makes a decision mentioned in subsection (1)(c) must include consideration of the information mentioned in subsection (1)(a).
122 Action after decision
If the chief executive is required, or decides, to cancel a person’s clearance under this subdivision, the chief executive must—(a)cancel the person’s clearance; and(b)issue an exclusion to the person as follows—(i)for a person who held an NDIS clearance—an NDIS exclusion;(ii)for a person who held a State clearance—a State exclusion; and(c)give the person a notice that states—(i)the decision to cancel the clearance and issue the exclusion and the reasons for the decision; and(ii)under section 128, the person must return the person’s clearance card to the chief executive immediately, unless the person has a reasonable excuse; and(iii)the relevant review and appeal information; and(iv)the circumstances in which the person may apply under section 130 for the exclusion to be cancelled.
123 Notifiable persons and potential employers notified about cancellation
(1)If the chief executive cancels a person’s clearance under this subdivision, the chief executive must give each notifiable person for the person a notice that states—
2Crimes Act 1914 (Cwlth)
Provision | Relevant heading | Circumstances for offence |
50BA | Sexual intercourse with child under 16 | as the provision was in force from time to time before its repeal by the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 (Cwlth) |
50BB | Inducing child under 16 to engage in sexual intercourse | as the provision was in force from time to time before its repeal by the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 (Cwlth) |
50BC | Sexual conduct involving child under 16 | as the provision was in force from time to time before its repeal by the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 (Cwlth) |
50BD | Inducing child under 16 to be involved in sexual conduct | as the provision was in force from time to time before its repeal by the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 (Cwlth) |
50DA | Benefiting from offence against this Part | as the provision was in force from time to time before its repeal by the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 (Cwlth) |
50DB | Encouraging offence against this Part | as the provision was in force from time to time before its repeal by the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 (Cwlth) |
3Criminal Code (Cwlth)
Provision | Relevant heading | Circumstances for offence |
270.6 | Sexual servitude offences | only if an offender was or could have been liable as mentioned in section 270.8, as the provisions were in force from time to time before their repeal by the Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People Trafficking) Act 2013 (Cwlth) |
Schedule 6 Offences that may form basis of investigative information
schedule 8, definition schedule 6 or 7 offence
1Classification of Computer Games and Images Act 1995
Provision of Act | Relevant heading | Qualification relating to the provision of the Act |
23 | Demonstration of an objectionable computer game before a minor | |
28 | Obtaining minor for objectionable computer game |
2Classification of Films Act 1991
Provision of Act | Relevant heading | Qualification relating to the provision of the Act |
43 | Procurement of minor for objectionable film |
3Classification of Publications Act 1991
Provision of Act | Relevant heading | Qualification relating to the provision of the Act |
18 | Procurement of minor for RC publication |
4Criminal Code
Provision of Act | Relevant heading | Qualification relating to the provision of the Act |
210 | Indecent treatment of children under 16 | |
210A | Sexual acts with a child aged 16 or 17 under one’s care, supervision or authority | |
213 | Owner etc. permitting abuse of children on premises | |
215 | Engaging in penile intercourse with child under 16 | |
216 | Abuse of persons with an impairment of the mind | |
217 | Procuring young person etc. for penile intercourse | |
217A | Obtaining commercial sexual services from person who is not an adult | |
217B | Allowing person who is not an adult to take part in commercial sexual services | |
217C | Conduct relating to provision of commercial sexual services by person who is not an adult | |
218 | Procuring sexual acts by coercion etc. | if the offence was committed against a child or a person with disability |
218B | Grooming children under 16 | |
219 | Taking child for immoral purposes | |
221 | Conspiracy to defile | if the offence was committed against a child or a person with disability |
222 | Incest | if the offence was committed against a child or a person with disability |
228A | Involving child in making child exploitation material | |
229B | Repeated sexual conduct with a child | |
300 | Unlawful homicide | only if the unlawful killing is murder under section 302 and was committed against a child or a person with disability |
349 | Rape | if the offence was committed against a child or person with disability |
350 | Attempt to commit rape | if the offence was committed against a child or a person with disability |
351 | Assault with intent to commit rape | if the offence was committed against a child or a person with disability |
352 | Sexual assaults | if the offence was committed against a child or a person with disability |
5Criminal Code (Cwlth)
Provision of Act | Relevant heading | Qualification relating to the provision of the Act |
270.6 | Sexual servitude offences | only if an offender was or could have been liable as mentioned in section 270.8 or if the offence is committed against a person with disability |
270.7 | Deceptive recruiting for sexual services | only if an offender was or could have been liable as mentioned in section 270.8 or if the offence is committed against a person with disability |
272.8 | Sexual intercourse with child outside Australia | |
272.9 | Sexual activity (other than sexual intercourse) with child outside Australia | |
272.10 | Aggravated offence—child with mental impairment or under care, supervision or authority of defendant | |
272.11 | Persistent sexual abuse of child outside Australia | |
272.12 | Sexual intercourse with young person outside Australia— defendant in position of trust or authority | |
272.13 | Sexual activity (other than sexual intercourse) with young person outside Australia— defendant in position of trust or authority | |
272.14 | Procuring child to engage in sexual activity outside Australia | |
272.15 | “Grooming” child to engage in sexual activity outside Australia |
Schedule 7 Repealed or expired offences that may form basis of investigative information
schedule 8, definition schedule 6 or 7 offence
Crimes Act 1914 (Cwlth) | ||
Provision of Act | Relevant heading | Qualification relating to the provision of the Act |
50BA | Sexual intercourse with child under 16 | as the provision was in force from time to time before its repeal by the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 (Cwlth) |
50BB | Inducing child under 16 to engage in sexual intercourse | as the provision was in force from time to time before its repeal by the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 (Cwlth) |
50BC | Sexual conduct involving child under 16 | as the provision was in force from time to time before its repeal by the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 (Cwlth) |
50BD | Inducing child under 16 to be involved in sexual conduct | as the provision was in force from time to time before its repeal by the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 (Cwlth) |
Criminal Code | ||
Provision of Code | Relevant heading | Qualification relating to the provision of the Act |
208 | Unlawful sodomy | as the provision was in force from time to time before its repeal by the Health and Other Legislation Amendment Act 2016 for an offence committed before 1 July 1997, only if committed against a child or a person with an impairment of the mind |
229G | Procuring engagement in prostitution | as the provision was in force from time to time before its repeal by the Criminal Code (Decriminalising Sex Work) and Other Legislation Amendment Act 2024 only if an offender was or could have been liable as mentioned in section 229G(2) |
229H | Knowingly participating in provision of prostitution | as the provision was in force from time to time before its repeal by the Criminal Code (Decriminalising Sex Work) and Other Legislation Amendment Act 2024 only if an offender was or could have been liable as mentioned in section 229H(2) |
229L | Permitting young person etc. to be at place used for prostitution | as the provision was in force from time to time before its repeal by the Criminal Code (Decriminalising Sex Work) and Other Legislation Amendment Act 2024 |
Schedule 8 Dictionary
section 9
administrator means an administrator appointed under the Guardianship and Administration Act 2000.
adult guardian ...
adult with an intellectual or cognitive disability, for part 6 and part 8, division 2, see section 144.
adult with a skills deficit, for part 8, division 2, see section 217.
affected person, for a reviewable decision, see section 138ZR(2).
amended Act ...
amending Act ...
appeal ...
appellant, for an appeal under section 138J, see section 138J(2).
applicant, for part 5, means the applicant for a disability worker screening application.
appropriately qualified, for part 6, see section 144.
approved form means a form approved by the chief executive under section 237.
approved non-government service provider ...
approved way, for making an application or request or giving a notice, means a way for making the application or request or giving the notice—
(a)approved by the chief executive; and
(b)notified on—(i)the department’s website; or(ii)the whole-of-government website.
assessment, for part 6, see section 144.
authorised entity, for a person, see section 138ZJ.
authorised guardian ...
authorised officer means an authorised officer appointed under the Community Services Act, section 25.
authorised psychiatrist, for part 6, see section 144.
banning order see the National Disability Insurance Scheme Act 2013 (Cwlth), section 9.
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 ...
CCYPCG positive notice ...
chemical restraint, for part 6, see section 144.
chemical restraint (fixed dose), for part 6, see section 144.
chief executive (child safety) means the chief executive of the department in which the Child Protection Act 1999 is administered.
chief executive (health), for part 6, division 7, subdivision 3, see section 196.
chief executive’s screening functions means the chief executive’s functions under part 5.
chief executive (working with children) means the chief executive of the department in which the Working with Children Act is administered.
chief psychiatrist, for part 6, see section 144.
clearance see section 50(1).
clearance card means a clearance card for a clearance within the meaning of section 98(2).
combined application see section 67(2).
commencement ...
Commissioner for Children and Young People and Child Guardian ...
community access services, for part 6, see section 144.
complaints agency means any of the following—
(a)the ombudsman under the Ombudsman Act 2001;
(b)the Crime and Corruption Commission;
(c)the human rights commissioner under the Anti-Discrimination Act 1991;
(d)the health ombudsman under the Health Ombudsman Act 2013;
(e)the public guardian.
compliance notice ...
compliance period ...
conduct, of a person, means an act or an omission to perform an act.
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 means—
(a)for an NDIS service provider—a person with disability who is provided with NDIS supports or services by the service provider; or
(b)for the department or a funded service provider—a person with disability who is provided with disability services by the department or service provider.
contain, for part 6, see section 144.
containment or seclusion approval, for part 6, see section 144.
conviction means a finding of guilt or the acceptance of a plea of guilty by a court, whether or not a conviction is recorded.
corresponding law means a law of another State that relates to the screening of persons who carry out, or propose to carry out, NDIS disability work.
CPOPOA disqualification order ...
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.
criminal history event, in relation to a person, see section 138B.
current ...
dealt with, in relation to a charge for an offence, means any of the following—
(a)the person who is charged is convicted or acquitted of the charge;
(b)the person who is charged is convicted of another offence for which the conduct was substantially the same as the conduct of the offence charged;
(c)the charge has been withdrawn or dismissed;
(d)a nolle prosequi or no true bill is presented in relation to the charge.
decision notice, for part 6, see section 144.
director of forensic disability means the director under the Forensic Disability Act 2011.
director of mental health ...
disability see section 11.
disability sector quality system ...
disability services see section 12.
disability work means—
(a)NDIS disability work; or
(b)State disability work.
disability worker screening application means—
(a)an NDIS worker screening application; or
(b)a State disability worker screening application.
disciplinary action, in relation to a person, see section 138O(2).
disciplinary information, about a person, see section 138O(1).
disqualification order ...
disqualified person means a person who—
(a)has a conviction for a disqualifying offence; and
(b)was an adult when the offence was committed.
disqualifying offence means—
(a)an offence against a provision of an Act mentioned in schedule 4 or 5—(i)if each circumstance (if any) stated for the offence in the schedule applies to the offence; and(ii)regardless of whether the provision has been amended from time to time or numbered differently; or
(b)an offence against a provision of an Act of the Commonwealth prescribed by regulation to be a disqualifying offence; or
(c)a related offence for an offence mentioned in paragraph (a) or (b).
division 2 service provider see section 216(3).
document certification requirement ...
document production requirement ...
domestic violence information, about a person, means information about the history of domestic violence orders made, or police protection notices issued, against the person under the Domestic and Family Violence Protection Act 2012.
domestic violence order see the Domestic and Family Violence Protection Act 2012, section 23(2).
electronic document ...
eligibility application ...
eligibility declaration ...
employer, of a person in relation to disability work, means the entity that engages the person to carry out the disability work.
engaged, in relation to carrying out work, see—
(a)section 44; and
(b)also—(i)for risk-assessed NDIS work—section 46; or(ii)for State disability work—sections 48 and 49.
engaged by the department ...
engaged person ...
exceptional case ...
excluded provision see section 200E(a).
excluding offence ...
exclusion see section 51(1).
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 ...
exemption notice application ...
external certification body ...
final offender prohibition order ...
final sexual offender order ...
financial reward does not include a payment that is a reimbursement for expenses.
forensic disability client means a forensic disability client under the Forensic Disability Act 2011.
funded non-government service provider ...
funded service provider see section 14.
funding agreement ...
GAA, for part 6, see section 144.
general power, see section 200S(1).
guardian means a guardian appointed under the Guardianship and Administration Act 2000.
guardian for a restrictive practice (general) matter, for part 6, see section 144.
guardian for a restrictive practice matter, for part 6, see section 144.
guardian for a restrictive practice (respite) matter, for part 6, see section 144.
guardianship tribunal ...
harm, to a person—
(a)for part 6—see section 144; or
(b)otherwise—includes any detrimental effect on a person’s physical, psychological, emotional, sexual or financial wellbeing, however the detrimental effect is caused.
health professional, for part 6, division 7, subdivision 3, see section 196.
health service chief executive, for part 6, division 7, subdivision 3, see section 196.
home ...
help requirement see section 200T(1).
human rights principle means the principle and rights stated in section 18.
imprisonment order ...
indictable offence includes an indictable offence dealt with summarily, whether or not the Criminal Code, section 659 applies to the indictable offence.
individual funding agreement see section 37.
informal decision-maker, for part 6, see section 144.
information requirement see section 200W(3).
interested person, for a relevant decision for part 6, division 6, see section 186.
interim bar means an interim bar imposed under section 82.
interim manager ...
interim sexual offender order ...
internal review, of a reviewable decision, see section 138ZT(1).
internal review decision means a decision made, or taken to have been made, under section 138ZV on an application for internal review of a reviewable decision.
interstate NDIS clearance see section 50(3).
interstate NDIS exclusion see section 51(3).
investigative information, about a person, see section 138I(1).
investigative information decision see section 138J(2).
issue ...
keep and implement ...
least restrictive, for part 6, see section 144.
mechanical restraint, for part 6, see section 144.
minimum frequency for regulated engagement ...
model positive behaviour support plan, for part 6, see section 144.
multidisciplinary assessment, for part 6, see section 144.
national disability insurance scheme means the National Disability Insurance Scheme under the National Disability Insurance Scheme Act 2013 (Cwlth).
NDIS Act ...
NDIS clearance see section 50(2).
NDIS commission means the NDIS Quality and Safeguards Commission established under the National Disability Insurance Scheme Act 2013 (Cwlth), section 181A.
NDIS commissioner means the Commissioner of the NDIS commission appointed under the National Disability Insurance Scheme Act 2013 (Cwlth), section 181L.
NDIS disability work see section 45(1).
NDIS disciplinary or misconduct information, about a person—
(a)means information about the person’s professional conduct in relation to the national disability insurance scheme given to the chief executive by the NDIS commission; and
(b)includes information about—(i)an incident involving the person, or a complaint or allegation about the person, investigated under the National Disability Insurance Scheme Act 2013 (Cwlth); and(ii)adverse and substantiated findings of an investigation conducted under the National Disability Insurance Scheme Act 2013 (Cwlth); and(iii)a banning order made against the person.
NDIS exclusion see section 51(2).
NDIS non-government service provider ...
NDIS provider ...
NDIS service provider see section 15(1).
NDIS sole trader see section 16(1).
NDIS supports or services see section 12A.
NDIS worker screening application means—
(a)an application for a clearance made under section 65; or
(b)a combined application to the extent it is an application under section 65.
NDIS worker screening database see the National Disability Insurance Scheme Act 2013 (Cwlth), section 9.
NDIS (Worker Screening) Practice Standards means NDIS Practice Standards that are made under the National Disability Insurance Scheme Act 2013 (Cwlth) about the screening of workers employed or otherwise engaged by registered NDIS providers.
NDIS worker screening unit means an entity responsible, under a corresponding law, for screening persons who carry out, or propose to carry out, NDIS disability work.
negative exemption notice ...
negative notice ...
new disqualified person ...
new disqualifying offence ...
new relevant disqualified person ...
new serious offence ...
non-government service provider ...
notice means a written notice.
notifiable person, for a person, see section 52.
obstruct ...
occupier, of a place, includes the following—
(a)if there is more than 1 person who apparently occupies the place—any 1 of the persons;
(b)any person at the place who is apparently acting with the authority of a person who apparently occupies the place;
(c)if no-one apparently occupies the place—any person who is an owner of the place.
offender prohibition disqualification order means a disqualification order made under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004, section 13T.
offender prohibition order means an offender prohibition order under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004.
offender reporting obligations means reporting obligations under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004.
owner ...
parent, for part 4, see section 37.
parent, of a person, includes—
(a)in any case—the spouse of a parent of the person; and
(b)for an Aboriginal person—a person who, under Aboriginal tradition, is regarded as a parent of the person; and
(c)for a Torres Strait Islander—a person who, under Island custom, is regarded as a parent of the person.
part 5 reviewable decision ...
participant ...
participant’s plan ...
personal details requirement ...
person under care, in relation to a person, means a child or vulnerable person who—
(a)is receiving care or support because the child or vulnerable person is unable to—(i)care for himself or herself; or(ii)protect himself or herself from harm or exploitation; andExamples of a child or vulnerable person who is receiving care or support for a reason mentioned in paragraph (a)(i) or (ii)—
•a child in foster care•an elderly person in residential aged care•a person with a mental illness receiving inpatient treatment in a hospital
(b)has a relationship with the person—(i)because of the care or support mentioned in paragraph (a); and(ii)other than because the person is a relative of the child or vulnerable person.
physical restraint, for part 6, see section 144.
place includes premises and vacant land.
plan ...
police commissioner ...
police information, about a person, means the following—
(a)the person’s criminal history;
(b)investigative information about the person;
(c)information about whether the person is or has been—(i)subject to offender reporting obligations; or(ii)subject to an offender prohibition order or offender prohibition disqualification order; or(iii)named as the respondent to an application for an offender prohibition order; or(iv)the subject of an application for an offender prohibition disqualification order.
police protection notice means a police protection notice under the Domestic and Family Violence Protection Act 2012.
police service means the Queensland Police Service.
positive behaviour support plan, for part 6, see section 144.
positive exemption notice ...
positive notice ...
positive notice card ...
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 ...
prescribed notice application ...
prescribed period ...
prescribed person ...
prescribed police information ...
prescribed requirement ...
previous service provider ...
private sector health service, for part 6, division 7, subdivision 3, see section 196.
public guardian means the public guardian under the Public Guardian Act 2014.
QCAT information notice, for an internal review decision, means a notice complying with the QCAT Act, section 157(2).
reasonably believes means believes on grounds that are reasonable in the circumstances.
reasonably suspects means suspects on grounds that are reasonable in the circumstances.
recorded statement see the Evidence Act 1977, section 103A.
registered health practitioner means a person registered under the Health Practitioner Regulation National Law.
registered NDIS provider see section 15(2).
regulated engagement ...
related offence, for a particular offence, means another offence that is—
(a)an offence of counselling or procuring the commission of the particular offence; or
(b)an offence of attempting, or of conspiring, to commit the particular offence; or
(c)an offence that, at the time it was committed, was the particular offence; or
(d)an offence under a law of another jurisdiction that, if it had been committed in Queensland, would have constituted the particular offence or an offence mentioned in paragraph (a), (b) or (c).
relative, of a person—
(a)means the person’s spouse, child, parent, grandparent, great-grandparent, brother, sister, uncle, aunt, niece, nephew or first cousin; and
(b)for an Aboriginal person—includes a person who, under Aboriginal tradition, is regarded as a relative mentioned in paragraph (a); and
(c)for a Torres Strait Islander—includes a person who, under Island custom, is regarded as a relative mentioned in paragraph (a); and
(d)for a person with a parent who is not a biological parent—includes anyone who would be a relative mentioned in paragraph (a) if the parent were a biological parent.Example for paragraph (d)—
the child of a person’s step-parent
relevant decision, for part 6, division 6, see section 186.
relevant decision-maker (respite), for part 6, see section 144.
relevant disability services see section 37.
relevant disqualified person ...
relevant disqualified person decision ...
relevant person—
(a)for part 4—see section 37; or
(b)for part 5, division 8—see section 136.
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 for a review of the decision under part 5, division 9;
(b)if the reasons for the decision include investigative information—(i)the right of the person to appeal, under section 138J, 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 for a review of the decision under section 138L;
(c)the period within which the person must apply for the review or start the appeal;
(d)how the person may apply for the review or start the appeal;
(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 see section 140(3).
repealed Act ...
respite/community access plan, for part 6, see section 144.
respite services, for part 6, see section 144.
restricting access, for part 6, see section 144.
restrictive practice see section 144.
reviewable decision see section 138ZR(1).
review decision ...
risk-assessed NDIS work see section 45(2).
risk assessment means a risk assessment under part 5, division 4, subdivision 3.
risk assessment matter, in relation to a person, means a matter that—
(a)is or may be relevant to whether the person poses a risk of harm to people with disability; and
(b)is prescribed by regulation to be a risk assessment matter.
schedule 6 or 7 offence means—
(a)an offence against a provision of an Act mentioned in schedule 6 or 7—(i)if each circumstance (if any) stated for the offence in the schedule applies to the offence; and(ii)regardless of whether the provision has been amended from time to time or numbered differently; or
(b)a related offence for an offence mentioned in paragraph (a).
screening decision ...
screening information—
(a)means confidential information obtained for the screening of a person under part 5; but
(b)does not include confidential information that is protected information under section 138ZLA.
seclude, for part 6, see section 144.
section 93A transcript see the Evidence Act 1977, schedule 3.
serious offence means—
(a)an offence against a provision of an Act mentioned in schedule 2 or 3—(i)if each circumstance (if any) stated for the offence in the schedule applies to the offence; and(ii)regardless of whether the provision has been amended from time to time or numbered differently; or
(b)an offence against a provision of an Act of the Commonwealth prescribed by regulation to be a serious offence; or
(c)a related offence for an offence mentioned in paragraph (a) or (b).
serious sexual or violent offence ...
service delivery principles means the principles stated in part 2, division 2.
service outlet ...
service provider see section 13.
service standards ...
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 6, see section 144.
short term plan ...
sole trader ...
stage 2 commencement date ...
State clearance see section 50(4).
State disability work see section 47.
State disability worker screening application means—
(a)an application for a clearance made under section 66; or
(b)a combined application to the extent it is an application under section 66.
State entity see section 138P.
State exclusion see section 51(4).
State sole trader see section 16(2).
support network see the Guardianship and Administration Act 2000, schedule 4.
temporary offender prohibition order ...
transitional period ...
tribunal means QCAT.
unamended Act ...
vulnerable person means an adult who, because of the person’s age, illness or disability, is, or may be, unable to—
(a)care for himself or herself; or
(b)protect himself or herself from harm or exploitation.
whole-of-government website means—
(a) or
(b)another website prescribed by regulation.
Working with Children Act means the Working with Children (Risk Management and Screening) Act 2000.
working with children check application see the Working with Children Act, schedule 7.
working with children clearance see the Working with Children Act, section 18A.
WWC positive notice ...
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Citations
Disability Services Act 2006 (Qld)
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