Disability Services (Assessment of Relevant History) Variation Regulations 2016 (SA)

South Australia

Disability Services (Assessment of Relevant History) Variation Regulations 2016

under the Disability Services Act 1993

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Disability Services (Assessment of Relevant History) Regulations 2014

4            Variation of regulation 3—Interpretation

5            Substitution of regulation 4

4            Manner in which assessment must be undertaken

6            Variation of regulation 11—Prescribed evidence of screening

Part 1—Preliminary

1—Short title

These regulations may be cited as the Disability Services (Assessment of Relevant History) Variation Regulations 2016.

2—Commencement

These regulations will come into operation on 1 July 2016.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Disability Services (Assessment of Relevant History) Regulations 2014

4—Variation of regulation 3—Interpretation

Regulation 3(1)—before the definition of Act insert:

ACC means the Australian Crime Commission established under the Australian Crime Commission Act 2002 of the Commonwealth;

5—Substitution of regulation 4

Regulation 4—delete the regulation and substitute:

4—Manner in which assessment must be undertaken

(1)For the purposes of section 5B(1) and (2) of the Act, an assessment of a person's relevant history must be undertaken by an authorised screening unit.

(2)For the purposes of section 5C(3)(a) of the Act, an assessment of a person's relevant history must be undertaken by—

(a)having an authorised screening unit assess the relevant history of the person; or

(b)obtaining a criminal history report (such as a National Police Certificate) prepared by the ACC or an ACC accredited agency or broker.

6—Variation of regulation 11—Prescribed evidence of screening

Regulation 11(a)—delete paragraph (a) and substitute:

(a)a criminal history report (such as a National Police Certificate) prepared by any of the following within the 3 years preceding the request:

(i)South Australia Police;

(ii)CrimTrac or a CrimTrac accredited agency or broker;

(iii)the ACC or an ACC accredited agency or broker; or

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 30 June 2016

No 171 of 2016

AGO0084/16CS