Disability Services and Other Legislation (Fees) Amendment Regulation 2022 (Qld)

Part 1    Preliminary

1   Short title

This regulation may be cited as the Disability Services and Other Legislation (Fees) Amendment Regulation 2022.

2   Commencement

This regulation commences on 1 July 2022.

Part 2    Amendment of Disability Services Regulation 2017

3   Regulation amended

This part amends the Disability Services Regulation 2017.

4   Insertion of new s 17A

After section 17—
insert—

17A   Rounding of amounts expressed as numbers of fee units

(1)This section applies for working out the amount of a fee expressed in this regulation as a number of fee units.

(2)For the purpose of the Acts Interpretation Act 1954, section 48C(3), the amount is to be rounded—

(a)if the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or

(b)if the result is more than $100 but not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards).

Example—

If a fee were 35 fee units and the value of a fee unit were $1.015, the number of dollars obtained by multiplying 35 by $1.015 would be $35.525. Because $35.525 is halfway between $35.50 and $35.55, it is rounded upwards, so the amount of the fee would be $35.55.

5   Amendment of s 18 (Refund or waiver of fees)

Section 18(2), ‘the prescribed application fee mentioned in schedule 1, item 2’—
omit, insert—

a prescribed application fee mentioned in schedule 1, item 2 or 4

6   Replacement of sch 1 (Fees)

Schedule 1—
omit, insert—

Schedule 1 Fees

section 17

Part 1    Particular fees related to NDIS clearances

$
1	Application for an NDIS clearance (Act, s 68(1)(c))—
(a)  for a volunteer	nil
(b)  for an applicant who proposes to carry out disability work as an NDIS sole trader, or as an NDIS sole trader and a State sole trader, only on an unpaid basis	nil
(c)  otherwise	129.00
2	Prescribed application fee (Act, s 103)—
(a)  for a person who holds an NDIS clearance who is engaged to carry out disability work other than as a volunteer	129.00
(b)  for an NDIS sole trader who carries out disability work for financial reward	129.00

Part 2    Other fees

Fee units
3	Application for a State clearance (Act, s 68(1)(c))—
(a)  for a volunteer	nil
(b)  for an applicant who proposes to carry out State disability work as a State sole trader only on an unpaid basis	nil
(c)  otherwise	97.60
4	Prescribed application fee (Act, s 103)—
(a)  for a person who holds a State clearance who is engaged to carry out disability work other than as a volunteer	97.60
(b)  for a State sole trader who carries out disability work for financial reward	97.60
5	Application for a replacement clearance card (Act, s 105(2)(b))	14.75
6	Application to cancel an exclusion (Act, s 131(1)(c))—
(a)  for an NDIS exclusion	119.00
(b)  for a State exclusion	97.60

Part 3    Amendment of Working with Children (Risk Management and Screening) Regulation 2020

7   Regulation amended

This part amends the Working with Children (Risk Management and Screening) Regulation 2020.

8   Insertion of new s 7A

After section 7—
insert—

7A   Rounding of amounts expressed as numbers of fee units

(1)This section applies for working out the amount of a fee expressed in this regulation as a number of fee units.

(2)For the purpose of the Acts Interpretation Act 1954, section 48C(3), the amount is to be rounded—

(a)if the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or

(b)if the result is more than $100 but not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards).

Example—

If a fee were 35 fee units and the value of a fee unit were $1.015, the number of dollars obtained by multiplying 35 by $1.015 would be $35.525. Because $35.525 is halfway between $35.50 and $35.55, it is rounded upwards, so the amount of the fee would be $35.55.

9   Replacement of sch 2 (Fees)

Schedule 2—
omit, insert—

Schedule 2 Fees

section 7

$
1	Working with children check (general) application (Act, s 188(2))—
(a)  if the application is made as a combined application under section 187A(2) of the Act	15.00
(b)  if the application is made by the holder of a disability clearance	15.00
(c)  if the application is made by a person who has made a disability worker screening application that has not been decided	15.00
2	Fee for the chief executive giving information under the Education (Queensland College of Teachers) Act 2005, s 15D (Act, s 401(3))	11.55

Fee units
3	Eligibility application (Act, s 178(3)(c))	95.55
4	Working with children check (general) application, other than an application already mentioned in this schedule (Act, s 188(2))	95.55
5	Application to cancel negative notice (Act, s 304H(1)(d))	95.55
6	Replacement working with children card (Act, ss 347(2)(b) and 348(3))	14.45