Acts of Parliament assented to - Act No. 33 to 42 of 2018

Overview

The Crimes Amendment (National Disability Insurance Scheme—Worker Screening) Act 2018 was assented to by the Governor-General on 22 May 2018 and aims to address the gap in screening workers who are involved with vulnerable individuals under the National Disability Insurance Scheme (NDIS). This Act is an amendment to the Crimes Act 1914 and was passed by the Australian Parliament, which consists of the Senate and the House of Representatives. The policy objective of this Act is to enhance the protection of vulnerable individuals by ensuring that those working with them undergo appropriate background checks, thereby preventing potential harm and abuse. The Crimes Legislation Amendment (International Crime Cooperation and Other Measures) Act 2018 was also assented to on the same day and aims to amend legislation relating to criminal law, law enforcement, and background checking. This Act was introduced to address the need for improved international cooperation in combating crime and to strengthen background checking measures within Australia. Both Acts were assented to by the Governor-General in the name of Her Majesty, signifying their enactment into law.

Scope and Application

The Crimes Amendment (National Disability Insurance Scheme—Worker Screening) Act 2018 applies to individuals and entities involved in the National Disability Insurance Scheme (NDIS) in Australia. Specifically, it targets workers within the NDIS, including employees, contractors, and volunteers, who are subject to screening under the scheme. The Act imposes obligations on these individuals and entities to comply with screening requirements, ensuring that individuals working with vulnerable persons, particularly children, are appropriately vetted for criminal histories that may pose a risk to the safety and wellbeing of NDIS participants. The Act has a national jurisdictional reach as it amends Commonwealth legislation, and therefore applies across all states and territories of Australia. There are no specific exclusions, exemptions, or thresholds explicitly stated within the Act itself, though the implementation of screening requirements may be subject to further regulations or guidelines issued under the authority of the Act. The Act may be extended or restricted through subordinate instruments such as regulations or legislative instruments, which would provide further details on the screening process, the types of offences considered, and the specifics of the vetting requirements.

Key Provisions

The Crimes Amendment (National Disability Insurance Scheme—Worker Screening) Act 2018 (Act No. 33 of 2018) introduces significant amendments to the Crimes Act 1914, focusing on the screening of workers within the National Disability Insurance Scheme (NDIS). Section 2 of the Act amends the existing provisions to allow for the disclosure of criminal history information for NDIS workers, thereby facilitating the screening process. This is intended to ensure the safety and well-being of NDIS participants. Section 3 introduces new offences related to providing false information about criminal history during the screening process. The obligations imposed by this Act primarily concern NDIS workers and employers. NDIS workers must ensure that any criminal history is accurately disclosed as part of their application process. Employers, on the other hand, are required to request and review this information to determine the suitability of potential employees. Failure to comply with these obligations could lead to serious consequences, including potential prosecution under the new offences introduced by the Act. For breaches of the new offences related to providing false information, Section 4 of the Act stipulates that an individual may be guilty of an offence. The penalty for such an offence is set out in Section 5, which provides for a maximum penalty of 2,000 penalty units or imprisonment for up to five years, or both. This reflects the serious nature of the offence, which is designed to protect the vulnerable population of NDIS participants. The Crimes Legislation Amendment (International Crime Cooperation and Other Measures) Act 2018 (Act No. 34 of 2018) includes several provisions aimed at enhancing international cooperation in crime prevention and law enforcement. Section 3 of the Act introduces new measures to facilitate the sharing of information between Australian law enforcement agencies and their international counterparts. This includes the establishment of a framework for mutual legal assistance in criminal matters, which is intended to streamline the process of obtaining and sharing evidence across borders. Under this Act, law enforcement agencies are obligated to adhere to the new protocols for international cooperation. This includes ensuring that requests for information and assistance are processed in accordance with the new legal framework. Additionally, agencies must maintain records of all international communications and transactions related to mutual legal assistance. Failure to comply with these obligations could result in legal repercussions, including the potential for civil liability for damages caused by non-compliance. Section 6 of the Act imposes penalties for breaches of the new cooperation measures. It provides that any individual who fails to comply with the requirements for information sharing or assistance may be subject to a penalty of up to 3,000 penalty units or imprisonment for up to five years, or both. This reflects the importance of international cooperation in combating transnational crime and underscores the penalties for undermining these efforts.