{"id":"disability-inclusion-act-2018","name":"Disability Inclusion Act 2018","slug":"disability-inclusion-act-2018","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31904,"registerId":"sa-disability-inclusion-act-2018-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"Miscellaneous","content":"Subdivision 3—Miscellaneous\n18ZD\tNotification by reporting bodies of conduct requiring risk assessment\n18ZE\tInformation sharing for national register or database\n18ZF\tInformation sharing for research, monitoring and auditing purposes\n18ZG\tDisclosure of information about offences\n18ZH\tDisclosure of information to prevent significant harm\n","sortOrder":0},{"sectionNumber":"Div 6","sectionType":"division","heading":"Review of decisions by South Australian Civil and Administrative Tribunal","content":"Division 6—Review of decisions by South Australian Civil and Administrative Tribunal\n18ZI\tReview of decisions by South Australian Civil and Administrative Tribunal\n18ZJ\tFee payable where volunteer undertakes paid employment\n18ZK\tEffect of Part on other rights and procedures\n18ZL\tLimitation of liability\n18ZM\tFalse or misleading statements\n18ZN\tEvidentiary provision\n18ZO\tFailure to give notice of decisions\n18ZP\tCentral assessment unit may seek external advice\nPart 6—Screening of persons working with people with disability\n19\tInterpretation\n20\tWorking with people with disability\n21\tCertain persons prohibited from working with people with disability\n22\tWorking with people with disability without current screening check prohibited\n22A\tSteps employers must take before employing person in prescribed position\n22B\tEmployer to ensure screening check conducted at least every 5 years\n22C\tEmployer to advise central assessment unit of certain information\n22D\tRecords management system\n22E\tInspection of records management system\n23\tRegulations to set out scheme for screening checks\nPart 6A—Restrictive practices\n23A\tApplication of Part\n23B\tInterpretation\n23C\tMeaning of detention\n23D\tProhibited restrictive practices\n23E\tLimits on kinds of restrictive practices that may be used by person\n23F\tInteraction with other Acts and laws\n23G\tPrinciples\n23H\tMinister to publish restrictive practices guidelines\nDivision 2—Senior Authorising Officer\n23I\tSenior Authorising Officer\n23J\tFunctions of Senior Authorising Officer\n23K\tPower of delegation\nDivision 3—Authorised Program Officers\n23L\tAuthorised Program Officers in respect of prescribed NDIS providers\nDivision 4—Use of restrictive practices other than those involving detention\n23M\tGeneral provisions relating to use of restrictive practices\n23N\tAuthorised Program Officer may authorise use of level 1 restrictive practices\n23O\tAuthorisation of use of level 1 or 2 restrictive practices by Senior Authorising Officer\n23P\tRevocation of authorisation to use restrictive practices\n23Q\tSenior Authorising Officer may require information from State authorities\n23R\tSenior Authorising Officer may require information from other persons\n23S\tSenior Authorising Officer may notify NDIA or the NDIS Quality and Safeguards Commission\n23T\tSenior Authorising Officer may disclose etc information to other jurisdictions\n23U\tDisclosure of information to prevent harm\n23V\tDisclosure of information for research purposes\n23W\tProvision of other information to Senior Authorising Officer\n23X\tInformation sharing for national register or database\nDivision 6—Dispute resolution\n23Y\tInternal review by Senior Authorising Officer\n23Z\tReview of decisions by South Australian Civil and Administrative Tribunal\n23ZA\tLimitation of liability\n23ZB\tOffence to hinder or obstruct Senior Authorising Officer etc\n23ZC\tFalse or misleading statements\n23ZD\tEvidentiary provision\n23ZE\tMinister to provide annual report on operation of Part to Parliament\nPart 7—Community Visitor Scheme\n24\tCommunity Visitor Scheme\nPart 8—National Disability Insurance Scheme\n25\tRegulations for the purpose of implementing etc the National Disability Insurance Scheme\nPart 9—Information gathering and sharing\n26\tChief Executive may require State authority to provide report\n27\tSharing of information between certain persons and bodies\n28\tInteraction with Public Sector (Data Sharing) Act 2016\nPart 10—Miscellaneous\n29\tConfidentiality\n30\tVictimisation\n31\tService\n32\tReview of Act\n33\tRegulations\nSchedule 1—Repeal\nPart 5—Repeal of Disability Services Act 1993\n5\tRepeal of Disability Services Act 1993\nSchedule 2—Transitional provisions relating to NDIS worker check clearances\n1\tInterpretation\n2\tCertain applications for assessments of relevant history taken to be application for NDIS worker check clearance\n3\tRecognition of certain assessments of relevant history as NDIS worker check clearance\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n","sortOrder":1},{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n1—Short title\nThis Act may be cited as the Disability Inclusion Act 2018.\n2—Commencement\n\t(1)\tThis Act will come into operation on a day to be fixed by proclamation.\n\t(2)\tSection 7(5) of the Acts Interpretation Act 1915 does not apply to this Act or to a provision of this Act.\n3—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nbarrier includes something that is—\n\t(a)\tphysical, architectural, technological or attitudinal; or\n\t(b)\tbased on information or communications; or\n\t(c)\tthe result of a policy or practice;\ncentral assessment unit means the central assessment unit established under the Child Safety (Prohibited Persons) Act 2016;\nChief Executive means the Chief Executive of the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of this Act;\ncommunity visitor means a community visitor appointed under Part 7;\ndisability, in relation to a person, includes long-term physical, psycho‑social, intellectual, cognitive, neurological or sensory impairment, or a combination of any of these impairments, which in interaction with various barriers may hinder the person's full and effective participation in society on an equal basis with others;\ndisability access and inclusion plan, in relation to a State authority, means the disability access and inclusion plan, as in force from time to time, prepared by the State authority under section 16;\nNational Disability Insurance Scheme or NDIS means the National Disability Insurance Scheme under the National Disability Insurance Scheme Act 2013 of the Commonwealth;\nRegistrar means the Registrar of the central assessment unit within the meaning of the Child Safety (Prohibited Persons) Act 2016;\nState authority means—\n\t(a)\tan administrative unit (within the meaning of the Public Sector Act 2009); or\n\t(b)\tan agency or instrumentality of the Crown, or agency or instrumentality of the Crown of a class, prescribed by the regulations for the purposes of this paragraph; or\n\t(c)\ta local council constituted under the Local Government Act 1999; or\n\t(d)\tany other person or body, or person or body of a class, declared by the regulations to be included in the ambit of this paragraph for the purposes of this Act,\nbut does not include a person or body, or person or body of a class, declared by the regulations to be excluded from the ambit of this definition for the purposes of this Act;\nState Disability Inclusion Plan means the State Disability Inclusion Plan prepared under section 13, as in force from time to time;\nTribunal means the South Australian Civil and Administrative Tribunal under the South Australian Civil and Administrative Tribunal Act 2013.\n\t(2)\tFor the purposes of this Act, a reference to mainstream supports and services will be taken to be a reference to supports and services (however described) that are not NDIS‑funded supports and services.\n4—Interaction with other laws\nExcept where the contrary intention appears, the provisions of this Act are in addition to, and do not derogate from, any other Act or law.\n5—Act to bind, and impose criminal liability on, the Crown\n\t(1)\tThis Act binds the Crown in right of this jurisdiction and, in so far as the legislative power of the Parliament permits, the Crown in all its other capacities.\n\t(2)\tThe Crown is liable for an offence against this Act. \n\t(3)\tIf the Crown is guilty of an offence against this Act, the penalty that may be imposed on the Crown is the penalty that may be imposed on a body corporate.\n6—Part 2 not to create legally enforceable rights etc\n","sortOrder":2},{"sectionNumber":"Part 2","sectionType":"part","heading":"of this Act, the State Disability Inclusion Plan and disability access and inclusion plans are an expression of policy and do not in themselves—","content":"Part 2 of this Act, the State Disability Inclusion Plan and disability access and inclusion plans are an expression of policy and do not in themselves—\n\t(a)\tcreate legally enforceable rights or entitlements; or\n\t(b)\taffect existing rights or liabilities (whether of a substantive, procedural or other nature).\nPart 2—Objects and principles\n7—Act to support United Nations Convention on the Rights of Persons with Disabilities etc\nIt is the intention of the Parliament of South Australia that, to such an extent as may be reasonably practicable, the operation, administration and enforcement of this Act is to support and further the principles and purposes of the United Nations Convention on the Rights of Persons with Disabilities, as well as any other relevant international human rights instruments affecting people with disability, as in force from time to time.\n7A—Minister to seek views of people with disability\n\t(1)\tWithout limiting any other provision of this Act, the Minister must, in accordance with any requirements set out in the regulations, seek the views of people with disability regarding—\n\t(a)\tthe operation, administration and enforcement of this Act; and\n\t(b)\tfurthering the objects of this Act (including by increasing the inclusion of South Australians with disability in all areas of life in this State).\n\t(2)\tWithout limiting subsection (1), the Minister must establish a committee to advise and assist the Minister in relation to the operation of this section.\n\t(3)\tThe membership of a committee established by the Minister under this section will be determined by the Minister but should, as far as is reasonably practical, include a diverse range of people with lived experience of disability.\n\t(4)\tThe procedures of a committee established by the Minister under this section will be—\n\t(a)\tas determined by the Minister; or\n\t(b)\tinsofar as a procedure is not determined under paragraph (a)—as determined by the committee.\n7B—Minister to establish committee\n\t(1)\tWithout limiting section 7A(2), the Minister must establish a committee to—\n\t(a)\tadvise the Minister, taking into account the principles of co‑design, in relation to the preparation and review of the State Disability Inclusion Plan; and\n\t(b)\tperform such other functions as may be assigned to the committee under this or any other Act or by the Minister.\n\t(2)\tThe membership of the committee will be determined by the Minister but should, as far as is reasonably practical, include a diverse range of people with lived experience of disability.\n\t(3)\tThe procedures of the committee will be—\n\t(a)\tas determined by the Minister; or\n\t(b)\tinsofar as a procedure is not determined under paragraph (a)—as determined by the committee.\n8—Objects\nThe objects of this Act include—\n\t(a)\tacknowledging that people with disability, regardless of age, have the same human rights as other members of the community and that the State and the community have a responsibility to facilitate the exercise of those rights; and\n\t(b)\tpromoting the independence and social and economic inclusion of people with disability, regardless of age; and\n\t(c)\tproviding safeguards in relation to the delivery of all supports and services for people with disability, regardless of age; and\n\t(d)\tproviding a framework to support a whole‑of‑Government approach to improving the inclusion of all South Australians with disability in all areas of life in this State; and\n\t(e)\tarticulating and facilitating the roles of the State during and following the transition to the National Disability Insurance Scheme; and\n\t(f)\tmaking significant gains towards achieving an inclusive community where the principles outlined in the United Nations Convention on the Rights of Persons with Disabilities underpin the development and delivery of services, especially by removing barriers so that people with disability, regardless of age, are able to access services and to participate in the community in the same way as other members of the community.\n9—Principles\n\t(1)\tThe following principles are to be observed in the operation, administration and enforcement of this Act:\n\t(a)\tpeople with disability have the same fundamental human rights and responsibilities, and the same right to autonomy, as other members of the community;\n\t(b)\tpeople with disability have an inherent right to respect for their worth and dignity as individuals;\n\t(c)\tpeople with disability have the right to participate in and contribute to social and economic life and should be supported to develop and enhance their ability to do so;\n\t(d)\tpeople with disability have the right to realise their physical, social, sexual, reproductive, emotional and intellectual capacities;\n\t(e)\tpeople with disability have the right to make decisions that affect their lives including decisions involving risk to the full extent of their capacity to do so;\n\t(f)\tin cases where a person with disability wants or requires assistance in making a decision, supported decision‑making is to be preferred over substituted decision‑making;\n\t(g)\tpeople with disability have the right to access information in a way that is appropriate for their disability and cultural background, to enable them to make informed choices;\n\t(h)\tpeople with disability have the right to respect for their cultural or linguistic diversity, age, gender, sexual orientation and religious beliefs;\n\t(i)\tpeople with disability have the same rights to privacy and confidentiality as other members of the community;\n\t(j)\tpeople with disability have the right to live free from neglect, abuse and exploitation;\n\t(ja)\tpeople with disability have the right to be safe, and to feel safe, through the provision of appropriate safeguards, information, services and support, and through appropriate and accessible reporting mechanisms in cases of neglect, abuse or exploitation;\n\t(k)\tpeople with disability have the same rights as other members of the community to pursue complaints and access justice;\n\t(l)\tthe crucial role of families, carers and other significant persons in the lives of people with disability, and the importance of preserving relationships with families, carers and other significant persons, is to be acknowledged and respected;\n\t(m)\tpeople with disability are free to associate with families, carers and other persons as they see fit, and should be supported where necessary to engage in family, social and friendship activities;\n\t(n)\tthe needs of children with disability as they develop, and their rights as equal members of the community, are to be acknowledged and respected;\n\t(o)\tthe changing abilities, strengths, goals and needs of people with disability as they age are to be acknowledged and respected;\n\t(p)\tpeople living with disability from a range of lived experiences, and their families and representatives, have a right to participate in the design and delivery of inclusive policies and programs including, as appropriate, through co‑design, consultation or other processes;\n\t(q)\tinsofar as people with disability may not be able to find out about their rights, or may not be able to understand their rights, because of their disability, State and local government should take reasonable steps to assist them to learn about their rights and to develop ways in which they can, or their families or representatives can, report violations of those rights;\n\t(r)\tpeople with disability, and their families and representatives as appropriate, have a right to access and benefit from independent individual and systemic advocacy that assists in accessing services and addressing problems with services.\n\t(2)\tIn addition to the principles set out in any other provision of this section, the following risks and principles are to be acknowledged and addressed in the operation, administration and enforcement of this Act as it relates to women with disability:\n\t(a)\tmany women with disability face multiple disadvantages and are potentially more vulnerable to risk of abuse or exploitation;\n\t(b)\tthe provision of mainstream supports and services to women with disability should recognise and seek to address such disadvantage and vulnerability, and should be informed by working in partnership with women with disability to enhance their lives.\n\t(3)\tIn addition to the principles set out in any other provision of this section, the following risks and principles are to be acknowledged and addressed in the operation, administration and enforcement of this Act as it relates to children with disability:\n\t(a)\tchildren with disability have the right to a full life in conditions that ensure the child’s dignity, promote self-reliance and facilitate the child’s active and full participation in family, cultural and social life;\n\t(b)\tdecisions affecting children with disability under this Act should be child‑centred;\n\t(c)\twithout limiting paragraph (b), the responsibilities, rights and duties of a parent or other person legally responsible for a child with disability must also be considered in relation to giving appropriate direction and guidance for the child’s welfare;\n\t(d)\tthe views of a child with disability will be listened to, and they should be given developmentally appropriate opportunities to participate in decisions that affect them;\n\t(e)\tchildren with disability are more vulnerable to risk of abuse or exploitation;\n\t(f)\tthe developmental needs of children with disability must be taken into account, with particular focus on critical periods in their childhood and adolescence;\n\t(g)\tthe provision of mainstream supports and services to children with disability should recognise and seek to address such risks and vulnerabilities, and should be informed by working in partnership with children with disability, and in consultation with their parents and other persons responsible for them, to enhance their lives.\n\t(4)\tIn addition to the principles set out in any other provision of this section, the following risks and principles are to be acknowledged and addressed in the operation, administration and enforcement of this Act as it relates to Aboriginal and Torres Strait Islander people with disability:\n\t(a)\tAboriginal and Torres Strait Islander people with disability have a right to respect and acknowledgment as the first peoples of Australia and for their unique history, culture and kinship relationships and connection to their traditional land and waters;\n\t(b)\tmany Aboriginal and Torres Strait Islander people with disability face multiple disadvantages;\n\t(c)\tthe provision of mainstream supports and services to Aboriginal and Torres Strait Islander people with disability should recognise and seek to address such disadvantage, and should be informed by working in partnership with Aboriginal and Torres Strait Islander people with disability to enhance their lives.\n\t(5)\tIn addition to the principles set out in any other provision of this section, the following risks and principles are to be acknowledged and addressed in the operation, administration and enforcement of this Act as it relates to people with disability from culturally and linguistically diverse backgrounds:\n\t(a)\tcultural, language and other differences create barriers to providing supports and services to people with disability from culturally and linguistically diverse backgrounds;\n\t(b)\tthe provision of mainstream supports and services to people with disability from culturally and linguistically diverse backgrounds should recognise and seek to address those barriers, and should be informed by working in partnership with people with disability from culturally and linguistically diverse backgrounds, and in consultation with their communities, to enhance their lives.\n\t(5a)\tIn addition to the principles set out in any other provision of this section, the following principles are to be acknowledged and addressed in the operation, administration and enforcement of this Act as it relates to people with significant intellectual disability or who have high levels of vulnerability due to disability:\n\t(a)\tpeople with significant intellectual disability or who have high levels of vulnerability due to disability have a right to feel safe, to enjoy dignity in their lives, and to participate in the community in a meaningful way;\n\t(b)\tpeople with significant intellectual disability or who have high levels of vulnerability due to disability may face major barriers which they may not be able to understand and so need support from others to advocate on their behalf when seeking to remove, or deal with, those barriers.\n\t(5b)\tIn addition to the principles set out in any other provision of this section, the following risks and principles are to be acknowledged and addressed in the operation, administration and enforcement of this Act as it relates to people with disability who identify as LGBTQIA+:\n\t(a)\tcultural and other differences create barriers to providing supports and services to people with disability who identify as LGBTQIA+;\n\t(b)\tthe provision of mainstream supports and services to people with disability who identify as LGBTQIA+ should recognise and seek to address those barriers and should be informed by working in partnership with people with disability who identify as LGBTQIA+ and in consultation with their communities, to enhance their lives.\n\t(5c)\tIn addition to the principles set out in any other provision of this section, the following risks and principles are to be acknowledged and addressed in the operation, administration and enforcement of this Act as it relates to people with disability who live in regional communities:\n\t(a)\tdistance from metropolitan regions reduces the availability of supports and services to people with disability who live in regional communities;\n\t(b)\tthe provision of mainstream supports and services to people with disability who live in regional communities should recognise and seek to address this availability shortage, and should be informed by working in partnership with people with disability who live in regional communities and in consultation with their communities, to enhance their lives.\n\t(6)\tEach person or body engaged in the administration, operation or enforcement of this Act must exercise their powers and perform their functions so as to give effect to the principles set out in this section.\n","sortOrder":3},{"sectionNumber":"Part 3","sectionType":"part","heading":"Administration","content":"Part 3—Administration\n10—Functions of Chief Executive\n\t(1)\tThe functions of the Chief Executive under this Act include—\n\t(a)\tpreparing and publishing guidelines for the purposes of this Act; and\n\t(b)\tpreparing such reports as may be required under this Act or by the Minister; and\n\t(c)\tmonitoring the extent to which the objects and principles of this Act are being achieved; and\n\t(d)\tmonitoring the extent to which the State Disability Inclusion Plan and the disability access and inclusion plans have been, or are being, implemented; and\n\t(e)\tmonitoring the compliance of State authorities with the requirements under Part 5; and\n\t(f)\tmaking recommendations to the Minister in relation to the compliance of State authorities with the requirements under Part 5; and\n\t(g)\tadvising the Minister on any matters related to the operation, administration and enforcement of this Act; and\n\t(ga)\tadvising the Minister on systemic or emerging accessibility and inclusion issues; and\n\t(h)\tsuch other functions as may be assigned to the Chief Executive under this or any other Act or by the Minister.\n\t(2)\tThe Chief Executive has such powers as may be necessary or expedient for the performance of the Chief Executive's functions.\n11—Powers of delegation\n\t(1)\tThe Minister or Chief Executive may delegate a function or power (other than a prescribed function or power) under this Act to a specified person or body (including a person for the time being holding or acting in a specified office or position).\n\t(2)\tA delegation under this section—\n\t(c)\tdoes not derogate from the ability of the Minister or Chief Executive (as the case requires) to act in any matter; and\n\t(3)\tA function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.\n12—Guidelines\n\t(1)\tThe Minister may—\n\t(a)\tpublish guidelines in relation to the preparation and contents of disability access and inclusion plans; and\n\t(b)\tpublish such other guidelines as the Minister thinks appropriate for the purposes of this Act.\n\t(2)\tThe Minister may vary, substitute or revoke guidelines under this section.\n\t(3)\tThe Minister must cause guidelines under this section to be published on a website determined by the Minister.\n","sortOrder":4},{"sectionNumber":"Part 4","sectionType":"part","heading":"State Disability Inclusion Plan","content":"Part 4—State Disability Inclusion Plan\n13—State Disability Inclusion Plan\n\t(1)\tThere is to be a State Disability Inclusion Plan.\n\t(2)\tThe State Disability Inclusion Plan is to be prepared by the Minister in accordance with this section.\n\t(3)\tThe State Disability Inclusion Plan—\n\t(a)\tmust set out whole‑of‑Government policies and measures for achieving the objects of this Act throughout the State (and, in particular, measures that further the goal of achieving full inclusion in the community, and the achievement of their full potential as equal citizens, of people with disability including by adopting targets for the employment of people living with disability in the South Australian public service); and\n\t(b)\tmust provide for collaboration and coordination among State authorities and other entities in relation to the provision of mainstream supports and services to people with disability; and\n\t(ba)\tmust contain provisions—\n\t(i)\tsetting out whole‑of‑Government policies and strategies for giving effect to the principles and purposes of the United Nations Convention on the Rights of Persons with Disabilities, as well as any other relevant international human rights instruments affecting people with disability, as in force from time to time; and\n\t(ii)\tsetting out strategies to ensure that the needs of persons referred to in section 9(2), (3), (4), (5), (5a), (5b) and (5c) are properly addressed by the State Disability Inclusion Plan; and\n\t(iii)\tspecifying priority areas for improvement in relation to inclusion; and\n\t(iv)\tspecifying measurable outcomes for each priority area identified in the State Disability Inclusion Plan; and\n\t(c)\tmust contain such other provisions as may be required by the regulations.\n\t(4)\tIn preparing the State Disability Inclusion Plan, the Minister—\n\t(a)\tmust, in accordance with any requirements set out in the regulations, consult with people with disability and persons or bodies representing the interests of people with disability (and may consult with any other persons or bodies that the Minister thinks fit); and\n\t(b)\tmust call for submissions from members of the public in accordance with a scheme set out in the regulations (and must have regard to the submissions made in response to the call); and\n\t(ba)\tmust ensure that any documents prepared for the purposes of paragraph (a) are in a form that is accessible to people with disability; and\n\t(c)\tmust comply with any other requirements prescribed by the regulations.\n\t(5)\tThe Minister may vary the State Disability Inclusion Plan at any time in accordance with any requirements set out in the regulations for the purposes of this subsection.\n\t(6)\tThe Minister must cause the State Disability Inclusion Plan, and any variation of the plan, to be published in the Gazette.\n\t(7)\tThe State Disability Inclusion Plan, and any variation of the plan, has effect from the day on which it is published in the Gazette.\n\t(8)\tThe Minister must, within 6 sitting days after the State Disability Inclusion Plan or any variation is published in the Gazette, cause a copy of the State Disability Inclusion Plan, or the plan as varied, (as the case requires) to be laid before both Houses of Parliament.\n\t(9)\tThe Minister must publish the State Disability Inclusion Plan, and any variation of the plan, on a website determined by the Minister.\n\t(10)\tHowever, a failure to comply with a provision of this section does not affect the validity of the State Disability Inclusion Plan.\n\t(11)\tEach prescribed person or body must, in carrying out its functions or exercising its powers, have regard to, and seek to give effect to, the State Disability Inclusion Plan (however, a prescribed person or body will be taken not to be in breach of this subsection if the State authority is acting in accordance with a requirement under this or any other Act or law).\n\t(12)\tIn this section—\n\t(a)\teach State authority; and\n\t(b)\teach public sector agency (within the meaning of the Public Sector Act 2009); and\n\t(c)\tany other person or body, or person or body of a class, prescribed by the regulations for the purposes of this paragraph.\n14—Annual report on operation of State Disability Inclusion Plan\n\t(1)\tThe Chief Executive must, on or before 30 June in each year, report to the Minister on the operation of the State Disability Inclusion Plan during the preceding calendar year.\n\t(2)\tThe Minister must, within 6 sitting days after receiving a report from the Chief Executive, have copies of the report laid before both Houses of Parliament.\n\t(3)\tA report under subsection (1) must include details of any systemic issues raised with the Minister and—\n\t(a)\tif action has been taken or is proposed to be taken in relation to an issue raised with the Minister—details of that action or proposed action; and\n\t(b)\tif no action is to be taken in relation to an issue raised with the Minister—the reasons for not taking action.\n15—Review of State Disability Inclusion Plan\n\t(1)\tThe Minister must cause a review of the State Disability Inclusion Plan to be undertaken at least once in each 4 year period, and a report on the review to be prepared and submitted to the Minister.\n\t(2)\tThe Minister must cause a copy of the report submitted under subsection (1) to be laid before both Houses of Parliament within 6 sitting days after receiving the report.\n\t(3)\tA report submitted to the Minister for the purposes of subsection (1) must include, or be accompanied by, information about any changes recommended to be made to the State Disability Inclusion Plan as a result of the review.\n","sortOrder":5},{"sectionNumber":"Part 5","sectionType":"part","heading":"Disability access and inclusion plans","content":"Part 5—Disability access and inclusion plans\n16—Disability access and inclusion plans\n\t(1)\tThere is to be a disability access and inclusion plan for each State authority.\n\t(2)\tA disability access and inclusion plan is to be prepared by the relevant State authority in accordance with this section.\n\t(3)\tA disability access and inclusion plan—\n\t(a)\tmust set out the measures that the State authority intends to put in place to ensure that people with disability can access the mainstream supports and services provided by or on behalf of the State authority; and\n\t(b)\tmust explain how the State authority proposes to give effect to the objects and principles set out in Part 2; and\n\t(c)\tmust explain how the State authority proposes to give effect to the State Disability Inclusion Plan; and\n\t(d)\tmust include strategies, accompanied by measurable outcomes where appropriate, to support people with disability in the following areas:\n\t(i)\taccess to built environs, events and facilities;\n\t(ii)\taccess to information and communications;\n\t(iii)\taddressing the specific needs of people with disability in its programs and services;\n\t(iv)\temployment; and\n\t(da)\tmust include strategies to ensure that the needs of persons referred to in section 9(2), (3), (4), (5), (5a), (5b) and (5c) are properly addressed by the disability access and inclusion plan; and\n\t(e)\tmust contain such other provisions as may be required by the guidelines published under section 12(1)(a) or the regulations.\n\t(4)\tSubject to this section, in preparing a disability access and inclusion plan, a State authority—\n\t(a)\tmust comply with the guidelines published under section 12(1)(a); and\n\t(b)\tmust, in accordance with any requirements set out in the regulations, consult with people with disability and persons or bodies representing the interests of people with disability (and may consult with any other persons or bodies that the State authority thinks fit); and\n\t(c)\tmust call for submissions from members of the public in accordance with the scheme set out in the regulations (and must have regard to the submissions made in response to the call); and\n\t(ca)\tmust ensure that any documents prepared for the purposes of paragraph (b) are in a form that is accessible to people with disability; and\n\t(d)\tmust comply with any other requirements prescribed by the regulations.\n\t(5)\tDespite a preceding subsection, a local council may, with the approval of the Minister and in accordance with any requirements set out in the regulations, prepare a single disability access and inclusion plan to be the disability access and inclusion plan for—\n\t(a)\tthat local council; and\n\t(b)\t1 or more specified local councils,\n(and the plan will, for the purposes of this Act, be taken to be the disability access and inclusion plan for each such council).\n\t(6)\tA State authority may vary its disability access and inclusion plan at any time in accordance with any requirements prescribed by the regulations.\n\t(7)\tA State authority must publish (in a format that is accessible to people with disability) its disability access and inclusion plan, and any variation of the plan, on a website determined by the State authority.\n17—Annual report on operation of disability access and inclusion plan\n\t(1)\tEach State authority must, on or before 30 April in each year, report to the Chief Executive on the operation of its disability access and inclusion plan during the preceding calendar year (including a summary of the extent to which the disability access and inclusion plan has been implemented by the State authority).\n\t(1a)\tA report under subsection (1) must include details of how the State authority is addressing the risks and principles relating to the persons referred to in section 9(2), (3), (4), (5), (5a), (5b) and (5c), by reference to the provisions in the State Disability Inclusion Plan and the State authority's disability access and inclusion plan relating to those persons.\n\t(2)\tThe Chief Executive must, on or before 30 June in each year, provide to the Minister a report summarising the reports received under subsection (1) in respect of the preceding calendar year.\n\t(3)\tA report under subsection (2) may be combined with a report under section 14(1).\n\t(4)\tThe Minister must, within 6 sitting days after receiving a report from the Chief Executive under subsection (2), have copies of the report laid before both Houses of Parliament (and, if the report is combined with a report under section 14(1), then the requirement of this subsection will be satisfied on the report being laid before both Houses of Parliament in accordance with that section).\n18—Review of disability access and inclusion plans\n\t(1)\tA State authority must cause a review of its disability access and inclusion plan to be undertaken at least once in each 4 year period, and a report on the review to be prepared and submitted to the State authority.\n\t(2)\tThe State authority must cause a copy of the report submitted under subsection (1) to be provided to the Minister as soon as is reasonably practicable after receiving the report.\n\t(3)\tIf the State Disability Inclusion Plan is varied, a State authority must, within 6 months of the publication of the plan as varied in the Gazette—\n\t(a)\treview the State authority's disability access and inclusion plan to ensure it is consistent with the State Disability Inclusion Plan; and\n\t(b)\tif the State authority's disability access and inclusion plan is not consistent with the State Disability Inclusion Plan—\n\t(i)\tvary the State authority's disability access and inclusion plan to such extent as is necessary to ensure consistency with the State Disability Inclusion Plan; and\n\t(ii)\tpublish the varied disability access and inclusion plan as required by section 16(7).\n","sortOrder":6},{"sectionNumber":"Part 5A","sectionType":"part","heading":"Screening of NDIS workers","content":"Part 5A—Screening of NDIS workers\n18A—Interpretation\n\t(1)\tIn this Part—\nauthorised person means—\n\t(a)\tthe central assessment unit; or\n\t(b)\ta person or body exercising functions in the operation or administration of a relevant law; or\n\t(c)\tthe NDIS Commission; or\n\t(d)\ta law enforcement agency of this or any other jurisdiction (including a jurisdiction outside Australia); or\n\t(e)\tany other person declared by the regulations to be included in the ambit of this paragraph;\nauthorised purpose means any purpose that is for, or in connection with, the operation or administration of, or compliance with, a relevant law, and includes (without limitation) the following purposes:\n\t(a)\tverification of the identity of a person who is, or who has at any time been, an applicant for, or the holder of, a clearance or other authority under a relevant law;\n\t(b)\tconsideration and determination of a person's application for a clearance or other authority under a relevant law;\n\t(c)\tassessing and determining under a relevant law whether a person poses a relevant risk of harm;\n\t(d)\tassessing and determining whether a risk assessment of a person is required under a relevant law;\n\t(e)\tongoing monitoring of a person who holds a clearance or other authority under a relevant law for the purpose of determining whether the person requires a risk assessment or poses a relevant risk of harm;\n\t(f)\tadministrative review (including internal review) of a decision under a relevant law;\ncorresponding law means—\n\t(a)\ta law of the Commonwealth, or of another State or Territory, that corresponds to this Part; or\n\t(b)\tany other law of the Commonwealth, or of another State or Territory, that is prescribed by the regulations as a corresponding law for the purposes of this Part;\ncriminal intelligence means information relating to actual or suspected criminal activity (whether in this State or elsewhere) the disclosure of which could reasonably be expected to prejudice criminal investigations, to enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement or to endanger a person's life or physical safety;\ndisqualification offence means an offence, or class of offences, declared by the regulations to be a disqualification offence;\ndisqualified person—see section 18B(1);\nengage means engage in any of the following capacities:\n\t(a)\tas a paid or unpaid employee;\n\t(b)\tas a self‑employed person or as a contractor or subcontractor;\n\t(c)\tas a volunteer;\nIntergovernmental Agreement means the agreement between the States, Territories and the Commonwealth titled Intergovernmental Agreement on Nationally Consistent Worker Screening for the National Disability Insurance Scheme (including its Schedules), as in force from time to time;\nNDIS Act means the National Disability Insurance Scheme Act 2013 of the Commonwealth and includes the rules under that Act;\nNDIS Commission means the NDIS Quality and Safeguards Commission established under the NDIS Act;\nNDIS employer means a person who engages a person to do NDIS work;\nNDIS purpose means an authorised purpose where the reference to a relevant law in the definition of authorised purpose is limited to this Part, a corresponding law or the NDIS Act;\nNDIS work means work comprising, or in connection with, the provision of supports or services to people with disability under the National Disability Insurance Scheme, being work—\n\t(a)\tthat is the subject of requirements under the NDIS Act for a person to hold a clearance under this Act or a corresponding law in order to be allowed by a registered NDIS provider to engage in that work; or\n\t(b)\tthat the central assessment unit is satisfied is work in respect of which it is otherwise necessary or convenient for a person to hold a clearance to facilitate the person's engagement in that work;\nNDIS worker check clearance or clearance means an NDIS worker check clearance granted under this Part;\nNDIS worker check exclusion or exclusion means an NDIS worker check exclusion issued under this Part;\nnotifiable person in relation to an applicant for a clearance or the holder of a clearance means—\n\t(a)\tany NDIS employer who engages or proposes to engage the applicant or holder; or\n\t(b)\tany other person, or class of persons, prescribed by the regulations for the purposes of this definition;\npresumptive disqualification offence means an offence, or class of offences, declared by the regulations to be a presumptive disqualification offence but does not include an offence that is a disqualification offence;\npresumptively disqualified person—see section 18B(3);\nprotected information means information that may, if disclosed—\n\t(a)\tprejudice a criminal investigation; or\n\t(b)\tidentify, or enable the identification of, a person with disability who has been harmed, or is at risk of harm; or\n\t(c)\tidentify, or enable the identification of, a parent, guardian or family member of a person referred to in paragraph (b); or\n\t(d)\tidentify, or enable the identification of, a person who has made a report or notification that a person with disability has been harmed, or may be at risk of harm (whether under this Act or otherwise); or\n\t(e)\tendanger a person's life or physical safety or wellbeing,\nand includes information that is protected information under the Child Safety (Prohibited Persons) Regulations 2019;\nrelevant information, in relation to a person, means—\n\t(a)\tinformation relevant to verification of the identity of the person; or\n\t(b)\tinformation about the person disclosed in an application for a clearance or other authority under a relevant law; or\n\t(c)\tinformation relating to the person's criminal history in the State or any other jurisdiction; or\n\t(d)\tinformation about workplace misconduct by the person in the State or any other jurisdiction, being misconduct that concerns persons to whom a relevant risk of harm relates (whether or not such information was obtained in the course of, or relates to, disciplinary proceedings relating to the person); or\n\t(e)\tinformation about any order imposed on the person by a court relating to child protection, apprehended violence or domestic or family violence in the State or any other jurisdiction; or\n\t(f)\tinformation relevant to determining whether the person requires a risk assessment under a relevant law; or\n\t(g)\tinformation about the person's clearance history; or\n\t(h)\tinformation about any current or past engagement of the person by an NDIS employer in this or any other jurisdiction; or\n\t(i)\tother information relevant to determining whether the person poses a relevant risk of harm;\nrelevant law means—\n\t(a)\tthis Act; or\n\t(b)\ta corresponding law; or\n\t(c)\tthe NDIS Act; or\n\t(d)\tthe Child Safety (Prohibited Persons) Act 2016; or\n\t(e)\tany other law of the Commonwealth, or another State or Territory, prescribed by the regulations for the purposes of this paragraph;\nrelevant risk of harm means a risk of harm to persons with whose protection a relevant law is concerned;\nrisk assessment, of a person, means a risk assessment of the person under Division 3;\nrisk of harm—see section 18M.\n\t(2)\tFor the purposes of the definition of relevant information, a reference in that definition to information will be taken to include a reference to information—\n\t(a)\twhether the information was obtained before or after the commencement of this section;\n\t(b)\twhether the conduct, finding of guilt or other matter to which the information relates occurred before or after the commencement of this section;\n\t(c)\twhether the conduct, finding of guilt or other matter to which the information relates occurred in this State or another jurisdiction;\n\t(d)\tregardless of the outcome of any legal or other proceedings to which the information relates.\n\t(3)\tFor the purposes of this Part, a reference to a person's clearance history will be taken to be a reference to the history of action taken under a relevant law in respect of an application for a clearance by the person, or a clearance held by the person under the relevant law, including any exclusion, risk assessment determination, refusal of an application and the suspension or cancellation of a clearance.\n\t(4)\tFor the purposes of this Part, a reference to a person being found guilty of an offence will be taken to include a reference to—\n\t(a)\ta finding of a court under Part 8A of the Criminal Law Consolidation Act 1935 that the objective elements of an offence are established (whether or not the person was found not criminally responsible due to mental incompetence, or was found to be mentally unfit to stand trial, pursuant to Division 2 or 3 of that Part); or\n\t(b)\tany finding of a court of another jurisdiction that corresponds to a finding referred to in paragraph (a).\n\t(5)\tFor the purposes of this Part, a reference to a person who has been found guilty of a presumptive disqualification offence will be taken to include a reference to a person who has been charged with a disqualification offence or presumptive disqualification offence committed as an adult, but where the charge has not yet been finally determined.\n\t(6)\tFor the purposes of this Part—\n\t(a)\ta self‑employed person who does NDIS work will be taken to be an NDIS employer who engages themselves to do that work; and\n\t(b)\ta person may do NDIS work as a volunteer on their own account (in which case the person is to be regarded as being self‑employed as a volunteer).\n\t(7)\tExcept where the contrary intention appears, a term or phrase used in this Part that is defined in the NDIS Act has the same meaning as in that Act.\n\t(8)\tIn the interpretation of this Part, consideration may be given to the provisions of the Intergovernmental Agreement.\n18B—Meaning of disqualified and presumptively disqualified persons\n\t(1)\tFor the purposes of this Part, a person is a disqualified person if the person has been found guilty of a disqualification offence committed as an adult (whether the offence was committed, or the finding of guilt made, before or after the commencement of this section).\n\t(2)\tDespite section 18A(4), for the purposes of subsection (1) a reference to a person being found guilty of a disqualification offence will be taken not to include a reference to—\n\t(a)\ta finding of a court under Part 8A of the Criminal Law Consolidation Act 1935 that the objective elements of a disqualification offence are established (whether or not the person was found not guilty of the offence, or was found to be mentally unfit to stand trial, pursuant to Division 2 or 3 of that Part); or\n\t(b)\ta finding of a court of another jurisdiction that corresponds to a finding referred to in paragraph (a).\n\t(3)\tFor the purposes of this Part, a person is a presumptively disqualified person if—\n\t(a)\tthe person has been found guilty of a presumptive disqualifying offence committed as an adult (whether the offence was committed, or the finding of guilt made, before or after the commencement of this section); or\n\t(b)\ta finding of a kind referred to in subsection (2) has been made in relation to the person.\n18C—Criminal intelligence\n\t(1)\tIf the central assessment unit makes a decision under this Part on the basis of information that is classified by the Commissioner of Police as criminal intelligence, the central assessment unit is not required to provide any grounds or reasons for the decision other than that it would be contrary to the public interest to allow the person to work with people with disability.\n\t(2)\tIn any proceedings under this Part, the court determining the proceedings—\n\t(a)\tmust, on the application of the Commissioner of Police, take steps to maintain the confidentiality of information classified by the Commissioner of Police as criminal intelligence, including steps to receive evidence and hear argument about the information in private in the absence of the parties to the proceedings and their representatives; and\n\t(b)\tmay take evidence consisting of, or relating to, information that is so classified by the Commissioner of Police by way of affidavit.\n18D—Protected information\n\t(1)\tThe Registrar may, in accordance with any requirements set out in the regulations, classify specified information as protected information.\n\t(2)\tIf the central assessment unit makes a decision under this Part on the basis of information that is classified by the Registrar as protected information, the central assessment unit is not required to provide any grounds or reasons for the decision other than that it would be contrary to the public interest to allow the person to work with people with disability.\n\t(3)\tIn any proceedings under this Act, the court determining the proceedings—\n\t(a)\tmust, on the application of the Registrar, take steps to maintain the confidentiality of information classified by the Registrar as protected information, including steps to receive evidence and hear argument about the information in private in the absence of the parties to the proceedings and their representatives; and\n\t(b)\tmay take evidence consisting of, or relating to, information that is so classified by the Registrar by way of affidavit.\n18E—Powers of delegation\n\t(1)\tThe central assessment unit may delegate a function or power under this Part (other than a prescribed function or power) to the Registrar or a specified body or person (including a person for the time being holding or acting in a specified office or position).\n\t(2)\tThe Registrar may delegate a function or power under this Part (other than a prescribed function or power) to a specified body or person (including a person for the time being holding or acting in a specified office or position).\n\t(3)\tA delegation under this section—\n\t(c)\tdoes not derogate from the ability of the central assessment unit or the Registrar (as the case requires) to act in any matter; and\n\t(4)\tA function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.\n18F—Pending applications to be disregarded\nFor the purposes of this Part—\n\t(a)\ta person will be taken not to have been granted an NDIS worker check clearance merely because they have made an application for a clearance that has not yet been determined; and\n\t(b)\tnothing in this Part authorises an applicant for an NDIS worker check clearance that has not yet been determined to undertake NDIS work.\n","sortOrder":7},{"sectionNumber":"Div 2","sectionType":"division","heading":"NDIS worker check clearances and exclusions","content":"Division 2—NDIS worker check clearances and exclusions\n18G—Application for NDIS worker check clearance\n\t(1)\tA person may apply to the central assessment unit for a clearance in accordance with this section.\n\t(2)\tAn applicant must—\n\t(a)\treside, or intend to reside, in this State; or\n\t(b)\tundertake NDIS work, or intend to undertake NDIS work, in this State,\nand the central assessment unit may refuse to accept an application if the central assessment unit is not satisfied that the applicant satisfies the requirements under this subsection.\n\t(3)\tAn application for a clearance must—\n\t(a)\tbe made in a manner and form approved by the central assessment unit; and\n\t(b)\tbe accompanied by any information required by the central assessment unit; and\n\t(c)\tinclude, or be accompanied by, proof of the identity of the applicant in a form approved by the central assessment unit; and\n\t(d)\tbe accompanied by the prescribed fee.\n\t(4)\tThe approved form of application for a clearance must provide for the authorisation by the applicant of—\n\t(a)\tthe making of inquiries about the applicant by the central assessment unit for an NDIS purpose; and\n\t(b)\tthe obtaining of relevant information about the applicant by the central assessment unit from any authorised person for an NDIS purpose; and\n\t(c)\tthe disclosure of relevant information about the applicant by the central assessment unit to an authorised person for an authorised purpose.\n\t(5)\tThe central assessment unit may require an applicant for a clearance to provide a recent photograph of the applicant, obtained in accordance with arrangements determined by the central assessment unit.\n\t(6)\tAn applicant may withdraw an application at any time by notice in writing to the central assessment unit in the form approved by the central assessment unit, however the withdrawal only has effect if the central assessment unit consents to the withdrawal.\n\t(7)\tThe central assessment unit must consent to a withdrawal of an application except in the following circumstances (and must refuse consent in those circumstances):\n\t(a)\ta clearance currently held by the applicant under this Part or a corresponding law is under suspension;\n\t(b)\tthe applicant's most recent clearance was cancelled under this Part or a corresponding law (other than cancellation at the request of the holder);\n\t(c)\tthe central assessment unit has notified or is proposing to notify the applicant that it proposes to issue an NDIS worker check exclusion to the applicant but has not yet determined the application;\n\t(d)\tthe central assessment unit is of the opinion that there is a reasonable likelihood that a risk assessment of the applicant will determine that the applicant poses a risk of harm to people with disability.\n\t(8)\tThe central assessment unit may give written notice of the withdrawal of an application to any person that the central assessment unit reasonably believes to be a notifiable person in relation to the applicant.\n\t(9)\tThe regulations may make further provision in relation to applications (including, to avoid doubt, provisions setting out additional circumstances in which an application may be refused or terminated by the central assessment unit).\n18H—Certain persons not permitted to apply for NDIS worker check clearance\n\t(1)\tA person cannot apply for a clearance if the person—\n\t(a)\thas made an application for a clearance under this Part or a corresponding law and that application is pending; or\n\t(b)\tcurrently holds a clearance under this Part or a corresponding law, unless the application is made no more than 3 months before the expiry of the current clearance; or\n\t(c)\tis otherwise subject to a ban on applying for a clearance under this section.\n\t(2)\tA person to whom an exclusion is issued under this Part or a corresponding law (being a person who is not a disqualified person) is banned from applying for a clearance for 5 years following the issue of the exclusion except where there has been a relevant change of circumstances.\n\t(3)\tA person who has had a clearance cancelled under this Part or a corresponding law is banned from applying for a clearance for 5 years following the cancellation except where—\n\t(a)\tthe cancellation was at the request of the person; or\n\t(b)\tthe cancellation occurs under section 18S(2) or 18W(2); or\n\t(c)\tthere has been a relevant change of circumstances.\n\t(4)\tFor the purposes of this section, each of the following is a relevant change of circumstances in relation to the issue of an exclusion or cancellation of a clearance:\n\t(a)\tproceedings for an offence on which the exclusion or cancellation was based are withdrawn or dealt with without a finding of guilt in respect of the person;\n\t(b)\ta finding of guilt for an offence on which the exclusion or cancellation was based is quashed or set aside;\n\t(c)\ta finding in respect of a risk assessment on which the exclusion or cancellation was based is quashed or set aside, or otherwise ceases to have effect;\n\t(d)\tany other change of circumstances that the central assessment unit considers should result in the person being permitted to make an application.\n18I—Determination of application—grant of NDIS worker check clearance\n\t(1)\tExcept where an NDIS worker check exclusion is issued under section 18J, or an application is refused under subsection (2), an application for a clearance made in accordance with this Part must be granted.\n\t(2)\tAn application for a clearance may be refused if the central assessment unit is not satisfied that the applicant is, or will be, engaged to do NDIS work.\n\t(3)\tTo avoid doubt, a refusal to grant a clearance under subsection (2) does not constitute an NDIS worker check exclusion.\n18J—Determination of application—issue of NDIS worker check exclusion\n\t(1)\tThe central assessment unit must issue an NDIS worker check exclusion to an applicant for a clearance if—\n\t(a)\tthe applicant is a disqualified person; or\n\t(b)\ta risk assessment of the applicant is required and the risk assessment determines that the applicant poses a risk of harm to people with disability.\n\t(2)\tSubject to this Part, before issuing an exclusion to an applicant referred to in subsection (1)(b), the central assessment unit must notify the applicant in writing of the intention to issue the exclusion and notify the applicant that the applicant may make a submission to the central assessment unit within the period specified in the notice.\n\t(3)\tThe central assessment unit must consider any submission made by an applicant within the specified period before finally deciding the application.\n18K—Certain persons presumed to pose risk of harm to people with disability\n\t(1)\tThe following provisions apply in relation to determination of an application for a clearance in respect of a person who has been found guilty of a presumptive disqualification offence:\n\t(a)\tthe person will be presumed to pose a risk of harm to people with disability;\n\t(b)\tthe central assessment unit need not consider or assess any further information in relation to the application;\n\t(c)\tthe central assessment unit must, for the purposes of section 18J, determine that the person poses a risk of harm to people with disability unless the person satisfies the central assessment unit that—\n\t(i)\tthe circumstances of the presumptive disqualification offence committed, or alleged to have been committed, by the person are such that the offence should be disregarded in determining whether the person poses a risk of harm to people with disability; or\n\t(ii)\tsuch exceptional circumstances exist in relation to the person that the person does not appear, or no longer appears, to pose a risk of harm to people with disability.\n\t(2)\tNothing in this section limits section 18H.\n18L—Notice of grant of NDIS worker check clearance or issue of NDIS worker check exclusion\n\t(1)\tThe grant of an NDIS worker check clearance, or the issue of an NDIS worker check exclusion, must be by notice in writing and must comply with any requirements set out in the regulations for the purposes of this subsection.\n\t(2)\tSubject to this Act, notice of a decision to issue an exclusion must set out the reasons for the decision and any right to seek a review of the decision under this Part.\n\t(3)\tThe central assessment unit may give written notice of the issue of an exclusion to an applicant to any person that the central assessment unit reasonably believes to be a notifiable person in relation to the applicant.\n","sortOrder":8},{"sectionNumber":"Div 3","sectionType":"division","heading":"Risk assessment","content":"Division 3—Risk assessment\n18M—Nature of risk assessment\n\t(1)\tA risk assessment of a person for the purposes of this Part is an assessment and determination by the central assessment unit as to whether the person poses a risk of harm to people with disability.\n\t(2)\tFor the purposes of this Part, a reference to a risk of harm to people with disability is to be interpreted in accordance with the following principles:\n\t(a)\tthe risk of harm must be a real and appreciable risk of harm;\n\t(b)\tthe risk of harm does not need to be likely or significant;\n\t(c)\tthe risk of harm need not arise from recent events.\nharm includes—\n\t(a)\tany detrimental effect on a person's physical, psychological, emotional or financial wellbeing (personal harm); and\n\t(b)\tnon-consensual or inappropriate conduct of a sexual nature with or towards a person (whether or not that conduct poses a risk of personal harm).\n18N—Requirement for risk assessment\n\t(1)\tA risk assessment of an applicant for, or the holder of, a clearance is required in the following circumstances:\n\t(a)\tif the applicant or holder is a presumptively disqualified person;\n\t(b)\tin the circumstances prescribed by the regulations for the purposes of this paragraph;\n\t(c)\tin such other circumstances as the central assessment unit may determine.\n\t(2)\tA risk assessment of an applicant for a clearance is required at the time of application if there are circumstances at the time of application that require a risk assessment.\n\t(3)\tA risk assessment of the holder of a clearance is required if the central assessment unit becomes aware that there are circumstances that require a risk assessment.\n18O—Matters to be considered in risk assessment\nThe central assessment unit is to consider the following for the purposes of a risk assessment:\n\t(a)\tthe nature, gravity and circumstances of any offence, misconduct or other event that resulted in, or contributed to, the requirement for a risk assessment in relation to the person (a relevant event), and how it is relevant to NDIS work;\n\t(b)\tthe length of time that has passed since a relevant event occurred;\n\t(c)\tthe vulnerability of any victim of a relevant event at the time of the event and the person's relationship to the victim or position of authority over the victim at the time of the event;\n\t(d)\tthe person's criminal history, history of misconduct and other relevant history, including whether there is a pattern of concerning behaviour;\n\t(e)\tthe person's conduct since a relevant event;\n\t(f)\tall other circumstances in respect of the person's criminal offending, misconduct and other relevant history and their impact on eligibility to be engaged in NDIS work;\n\t(g)\tsuch other matters as the central assessment unit considers appropriate.\n","sortOrder":9},{"sectionNumber":"Div 4","sectionType":"division","heading":"Duration and termination of NDIS worker check clearances and exclusions","content":"Division 4—Duration and termination of NDIS worker check clearances and exclusions\n18P—Duration of NDIS worker check clearance\n\t(1)\tA clearance remains in force (unless sooner cancelled) for a period of 5 years starting from whichever of the following start dates is applicable in the circumstances:\n\t(a)\tif the applicant is not the holder of a clearance under this Part or a corresponding law when the application for the clearance is granted, the start date is the date on which the application for the clearance is granted;\n\t(b)\tif the application is granted while the applicant is the holder of a clearance under this Part or a corresponding law, the start date is the date on which the existing clearance expires.\n\t(2)\tHowever, the central assessment unit may extend the period for which a clearance remains in force for a period of up to 6 months after the clearance would otherwise have expired if the holder of the clearance has made a valid application for a clearance under this Part or a corresponding law before the clearance expired and that application has not yet been determined.\n\t(3)\tIf the period for which a clearance remains in force is extended under subsection (2), the clearance will be taken to have remained in force from the original expiry date until the extension takes effect.\n\t(4)\tDespite a provision of this or any other Act, the following arrangements apply for the purpose of facilitating alignment of the periods for which a clearance granted to a person under this Part and a working with children check conducted under the Child Safety (Prohibited Persons) Act 2016 are in force:\n\t(a)\ta clearance may, at the discretion of the central assessment unit and with the agreement of the applicant, be granted so as to be in force for a period of less than 5 years;\n\t(b)\tthe period for which a clearance is in force may be shortened after the clearance is granted at the discretion of the central assessment unit and on the application of the holder of the clearance;\n\t(c)\tthe holder of a clearance may, with the approval of the central assessment unit, apply for a new clearance earlier than 3 months before the expiry of the clearance;\n\t(d)\tthe central assessment unit may approve a reduction in the fee payable, or a refund of part of any fee paid, to reflect any reduction in the period for which a clearance is or is to be in force.\n18Q—Duration of NDIS worker check exclusion\n\t(1)\tAn exclusion issued to a disqualified person remains in force indefinitely.\n\t(2)\tAn exclusion issued to person other than a disqualified person remains in force (unless sooner cancelled) for a period of 5 years starting from the issue of the exclusion.\n18R—Suspension of NDIS worker check clearance\n\t(1)\tThe central assessment unit may, by written notice to the holder of a clearance, suspend the clearance if of the opinion that there is a reasonable likelihood that a risk assessment of the holder will determine that the holder poses a risk of harm to people with disability.\n\t(2)\tThe central assessment unit may give written notice of the suspension of a clearance to any person that the central assessment unit reasonably believes to be a notifiable person in relation to the holder of the clearance.\n\t(3)\tThe suspension of a clearance ceases to have effect—\n\t(a)\ton notification in writing by the central assessment unit to the holder that the suspension is revoked; or\n\t(b)\tif the clearance is cancelled,\nwhichever occurs first.\n18S—Cancellation of NDIS worker check clearance\n\t(1)\tThe central assessment unit must cancel the clearance of a person if the central assessment unit becomes aware that the person is a disqualified person, or a risk assessment determines that the person poses a risk of harm to people with disability.\nSee also section 18K.\n\t(2)\tWithout limiting subsection (1) or section 18W, the central assessment unit may cancel a clearance for any of the following reasons:\n\t(a)\tthe central assessment unit is not satisfied that the person is or will be engaged to do NDIS work;\n\t(b)\tthe clearance was granted pursuant to an application that was not valid;\n\t(c)\tthe clearance was granted because of a mistake and should not have been granted.\n\t(3)\tIf the central assessment unit proposes to cancel a clearance other than because the person is a disqualified person, the central assessment unit must notify the person in writing of the proposed cancellation and that the person may make a submission to the central assessment unit within the period specified in the notice.\n\t(4)\tThe central assessment unit must consider any submission made by the person within the specified period before finally deciding whether to cancel the clearance.\n\t(5)\tThe central assessment unit must notify the holder of a clearance in writing of the central assessment unit's decision to cancel the clearance.\n\t(6)\tSubject to this Part, notice of the decision must set out the reasons for the cancellation and any right to seek a review of the decision under this Part.\n\t(7)\tThe central assessment unit may give written notice of the cancellation of a clearance to any person that the central assessment unit reasonably believes to be a notifiable person in relation to the holder of the clearance.\n18T—Cancellation of NDIS worker check clearance at request of holder\n\t(1)\tThe holder of a clearance may at any time request cancellation of the clearance by notice in writing to the central assessment unit in the form approved by the central assessment unit.\n\t(2)\tThe central assessment unit must, as soon as practicable after receiving the request, cancel the clearance except in the following circumstances (and must refuse to cancel the clearance in those circumstances):\n\t(a)\tthe clearance, or a clearance held by a person under a corresponding law, is suspended;\n\t(b)\tthe central assessment unit is undertaking or is proposing to undertake a risk assessment of the holder.\n\t(3)\tThe central assessment unit may give written notice of the cancellation of a clearance under this section to any person that the central assessment unit reasonably believes to be a notifiable person in relation to the holder of the clearance.\n","sortOrder":10},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"Information gathering","content":"Subdivision 1—Information gathering\n18U—Court to provide notice of certain findings of guilt to central assessment unit\nA court that finds a person guilty of a disqualification offence or presumptive disqualification offence must ensure that the prescribed information relating to the finding of guilt is provided, in accordance with the regulations, to the central assessment unit.\n18V—Commissioner of Police to provide information to central assessment unit on charging of certain persons\nWithout limiting any other Act or law that requires or authorises the Commissioner of Police to disclose information, the Commissioner of Police must ensure that, if a police officer lays a charge of a disqualification offence or presumptive disqualification offence against a person, the prescribed information relating to the charge is provided to the central assessment unit as soon as is reasonably practicable after the person is charged.\n18W—Power to require information from applicant or clearance holder\n\t(1)\tThe central assessment unit may, by notice in writing to an applicant for a clearance or the holder of a clearance, request the applicant or holder to provide relevant information about the person for an NDIS purpose.\n\t(2)\tThe central assessment unit may terminate an application for a clearance or cancel a clearance if the applicant or holder fails, without reasonable excuse, to provide requested information within the period required for compliance with the request (unless the central assessment unit has withdrawn the request).\n\t(3)\tThe period required for compliance with a request for information is the period of not less than 7 days specified by the central assessment unit in the request (however the central assessment unit may extend and further extend the period required for compliance with the request).\n\t(4)\tThe central assessment unit must, as soon as practicable after terminating an application or cancelling a clearance under this section, give written notice of the termination or cancellation to the applicant or holder of the clearance.\n\t(5)\tThe central assessment unit may give written notice of the termination of an application or cancellation of a clearance under this section to any person that the central assessment unit reasonably believes to be a notifiable person in relation to the applicant or holder.\n18X—Power to require information from other persons\n\t(1)\tThe central assessment unit may, by notice in writing, for the purposes of—\n\t(a)\tdetermining an application for a clearance or a risk assessment of an applicant or the holder of a clearance; or\n\t(b)\ta review of a decision in accordance with this Part,\nrequire a specified person to provide to the central assessment unit within a specified period such information or documents in their possession as may be relevant to an assessment of whether a specified person poses a risk of harm to people with disability.\n\t(2)\tIf a person fails to comply with a requirement under subsection (1), the central assessment unit may, by further notice in writing served on the person (an enforcement notice), direct the person to comply with a notice under subsection (1) within the period (being not less than 28 days) specified in the notice.\n\t(3)\tThe central assessment unit may revoke an enforcement notice at any time.\n\t(4)\tA person who fails, without reasonable excuse, to comply with an enforcement notice is guilty of an offence.\n\t(5)\tIf documents are given to the central assessment unit under this section, the central assessment unit—\n\t(a)\tmay take possession of, and make copies of or take extracts from, the documents; and\n\t(b)\tmay keep possession of the documents for such period as is reasonably necessary; and\n\t(c)\tduring that period must permit them to be inspected at all reasonable times by the persons who would be entitled to inspect them if they were not in the possession of the central assessment unit.\n","sortOrder":11},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Information sharing and use","content":"Subdivision 2—Information sharing and use\n18Y—Central assessment unit may disclose etc information with other jurisdictions\n\t(1)\tDespite a provision of this or any other Act or law, the central assessment unit is authorised to receive and make use of information relevant to the functions of the central assessment unit under this Part from any person or body in this or any other jurisdiction.\n\t(2)\tDespite a provision of this or any other Act or law, the central assessment unit is authorised to disclose information (not being information classified by the Commissioner of Police as criminal intelligence) in the possession of the central assessment unit to a prescribed person or body in another State or Territory for an NDIS purpose.\n\t(a)\ta person or body whose official function consists of or includes the screening of persons who work with people with disability (however described); or\n\t(b)\tany other person or body prescribed by the regulations for the purposes of this paragraph.\n18Z—Access to police information\n\t(1)\tThe Commissioner of Police is authorised to disclose the following information for the purpose of the use of the information in assessing and determining whether a person who engages or proposes to engage in NDIS work poses a risk of harm to persons with disability:\n\t(a)\tinformation relating to any matter that may cause a person to be a disqualified person or require a risk assessment of a person under this Part or a corresponding law;\n\t(b)\tinformation relating to the criminal history of a person;\n\t(c)\twithout limiting a preceding paragraph, information relating to the circumstances of an offence or other matter disclosed under this section.\n\t(2)\tThe disclosure of information under this section is limited to disclosure to any of the following:\n\t(a)\tthe central assessment unit;\n\t(b)\tan interstate screening agency;\n\t(c)\tthe Australian Criminal Intelligence Commission;\n\t(d)\ta law enforcement agency of the Commonwealth or another State or Territory.\n\t(3)\tA person to whom information is disclosed under this section may disclose that information to an interstate screening agency for the purposes of the use of the information in assessing and determining whether a person who engages or proposes to engage in NDIS work poses a risk of harm to persons with disability.\n\t(4)\tInformation relating to a person's criminal history may be disclosed under this section whether or not the information relates to offences that cause or may cause the person to be a disqualified person or require a risk assessment of the person under this Part or a corresponding law.\n\t(5)\tThis section does not limit the persons to whom, or the circumstances in which, information relating to the criminal history, including the criminal record, of persons may be disclosed apart from this Part.\n\t(6)\tThis section does not limit the powers of the Commissioner of Police to disclose relevant information as an authorised person under this Part.\n\t(7)\tIn this section—\ninterstate screening agency means a person or body exercising functions in the execution or administration of a corresponding law.\n18ZA—Provision of information to central assessment unit\n\t(1)\tDespite a provision of this or any other Act or law, a person or body (including, to avoid doubt, a State authority or public sector employee within the meaning of the Public Sector Act 2009) may provide to the central assessment unit any information that the person or body reasonably believes is relevant to the functions of the central assessment unit under this Part.\n\t(2)\tA person or body incurs no civil or criminal liability in respect of the provision of information to the central assessment unit in good faith and without negligence under this section.\n18ZB—Provision of information to NDIS employers and participants\nWithout limiting any other provision of this Part, the central assessment unit may provide the following information about a person to an NDIS employer or participant who engages or proposes to engage the person to do NDIS work:\n\t(a)\tinformation relevant to verification of the identity of the person;\n\t(b)\tinformation about the outcome of any application for a clearance by or risk assessment of the person under this Part or a corresponding law;\n\t(c)\tsuch other information as may be prescribed by the regulations for the purposes of this paragraph.\n18ZC—Power to retain information etc indefinitely\n\t(1)\tThe central assessment unit may keep information, documents or other records received by the central assessment unit under this Part indefinitely (however, nothing in this subsection requires the central assessment unit to do so).\n\t(2)\tThe central assessment unit may, in accordance with any requirements set out in the regulations, dispose of information, documents or other records received by the central assessment unit under this Part.\nSubdivision 3—Miscellaneous\n18ZD—Notification by reporting bodies of conduct requiring risk assessment\n\t(1)\tA reporting body must notify the central assessment unit of the name and other identifying particulars of any person against whom the reporting body has made a finding that the person has engaged in conduct that constitutes circumstances prescribed by the regulations as requiring a risk assessment of the person.\n\t(2)\tSubsection (1) does not apply in relation to findings made before the commencement of this section (however, a reporting body may, but need not, notify the central assessment unit of any such finding made before the commencement of this section).\n\t(3)\tA notification under subsection (1) must be made in a manner and form determined by the central assessment unit.\n\t(4)\tA reporting body may amend or withdraw a notification under this section at any time by notice in writing to the central assessment unit.\n\t(5)\tThe regulations may make provision—\n\t(a)\trequiring the provision by reporting bodies of further particulars of any conduct in respect of which a finding is notified under this section; or\n\t(b)\trequiring the keeping of records by reporting bodies of information about findings required to be notified under this section.\n\t(6)\tIn this section—\nreporting body means—\n\t(a)\ta State authority that is prescribed by the regulations for the purposes of this section; or\n\t(b)\ta registration or other licensing authority that is constituted under an Act and that is prescribed by the regulations for the purposes of this section; or\n\t(c)\tany other employer or professional or other body that supervises the conduct of an employee and that is prescribed by the regulations for the purposes of this section.\n18ZE—Information sharing for national register or database\nDespite a provision of this or any other Act or law, the central assessment unit may disclose information obtained in the operation or administration of this Part to an authorised person for the purpose of providing relevant information for entry in a national register or database established under the NDIS Act.\n18ZF—Information sharing for research, monitoring and auditing purposes\nDespite a provision of this or any other Act or law, the central assessment unit may disclose information obtained in the operation or administration of this Part to an authorised person for the purpose of providing relevant information for use for the purposes of research into the operation of a relevant law, or auditing of compliance with such laws.\n18ZG—Disclosure of information about offences\n\t(1)\tAn authorised person may disclose to a law enforcement agency of the State or any other jurisdiction (including a jurisdiction outside Australia) any information obtained as a result of the exercise of a function under this Part that indicates that a relevant offence may have been committed or that constitutes evidence of a relevant offence.\n\t(2)\tIn this section—\nrelevant offence means a disqualification offence or presumptive disqualification offence, or any other offence prescribed by the regulations for the purposes of this definition.\n18ZH—Disclosure of information to prevent significant harm\nDespite a provision of this or any other Act or law, an authorised person may disclose to an appropriate person or body any information obtained in the operation or administration of this Part if there are reasonable grounds to suspect that there is a risk of significant harm to a person with disability, or to a child or other vulnerable person, or to a class of such persons, and the disclosure is reasonably necessary to prevent that harm.\nDivision 6—Review of decisions by South Australian Civil and Administrative Tribunal\n18ZI—Review of decisions by South Australian Civil and Administrative Tribunal\n\t(1)\tThe South Australian Civil and Administrative Tribunal is, by force of this section, conferred with jurisdiction to deal with matters consisting of the review of a reviewable decision.\n\t(2)\tSubject to this section, an application for review of a reviewable decision may be made to the South Australian Civil and Administrative Tribunal within 14 days after the applicant receives notice of the relevant decision (or such longer period as the Tribunal may allow).\n\t(3)\tAn application for review of a decision to suspend a clearance cannot be made until the suspension has been in force for at least 6 months.\n\t(4)\tThe South Australian Civil and Administrative Tribunal may only allow an extension of time under subsection (2) if satisfied that—\n\t(a)\tspecial circumstances exist; and\n\t(b)\tanother party will not be unreasonably disadvantaged because of the delay in commencing the proceedings.\n\t(5)\tIn this section—\nnon‑reviewable decision—the following decisions are non‑reviewable decisions:\n\t(a)\ta decision to issue an exclusion, or to cancel a clearance, where the applicant or holder is a disqualified person;\n\t(b)\ta decision to issue an exclusion, or to cancel a clearance, where the applicant or holder is a presumptively disqualified person as a result of there being pending criminal charges against the person;\n\t(c)\tany other decision under this Part of a kind declared by the regulations to be included in the ambit of this definition;\nreviewable decision—the following decisions (other than a decision that is a non‑reviewable decision) are reviewable decisions:\n\t(a)\ta decision to issue an exclusion;\n\t(b)\ta decision to terminate an application for a clearance;\n\t(c)\ta decision to suspend a clearance;\n\t(d)\ta decision to cancel a clearance (other than a cancellation at the request of the holder of the clearance);\n\t(e)\tany other decision under this Part of a kind declared by the regulations to be included in the ambit of this definition.\n18ZJ—Fee payable where volunteer undertakes paid employment\n\t(1)\tIf—\n\t(a)\ta clearance is granted in respect of a person; and\n\t(b)\tthe person satisfies the central assessment unit that the person is a volunteer and so pays no fee in relation to the clearance; and\n\t(c)\tthe person uses that clearance to perform NDIS work other than as a volunteer,\nthe person must, unless the fee is waived by the central assessment unit, pay to the central assessment unit the prescribed fee.\n\t(2)\tHowever, subsection (1) does not apply in relation to a person who performs NDIS work other than as a volunteer on less than 7 days in any 12 month period (whether or not the person also performs NDIS work on a volunteer basis during that period).\n\t(3)\tA payment under subsection (1) must be made as soon as is reasonably practicable (and in any case within 28 days) after the person commences NDIS work other than as a volunteer.\n\t(4)\tA person who fails to comply with subsection (1) is guilty of an offence. \nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(5)\tHowever, a failure to comply with subsection (1) does not affect the validity of a clearance.\n18ZK—Effect of Part on other rights and procedures\n\t(1)\tSubject to this section, nothing in this Part affects any statutory right that an employee may have in relation to employment or termination of employment.\n\t(2)\tHowever, any court or tribunal exercising jurisdiction with respect to any such right must have regard to the results of any determination of an application for a clearance or risk assessment carried out under this Part in connection with the work concerned and the welfare of people with disability as the paramount consideration in that determination or assessment.\n\t(3)\tDespite a provision of any other Act or law, the South Australian Employment Tribunal and any other court or tribunal will be taken not to have jurisdiction to order the payment of damages or compensation for any removal from employment of a person in connection with the operation of this Part.\n18ZL—Limitation of liability\nExcept as is specifically provided in this Part, no civil or criminal liability attaches to—\n\t(a)\tthe central assessment unit or any other person exercising powers and functions under this Part; or\n\t(b)\tthe Crown,\nin respect of an act or omission in good faith in the performance or exercise, or purported performance or exercise, of a function or power under this Part.\n18ZM—False or misleading statements\nA person must not make a statement knowing that it is false or misleading in a material particular (whether by reason of the inclusion or omission of a particular) in information provided under this Part.\nMaximum penalty: $20 000.\n18ZN—Evidentiary provision\nIn any legal proceedings, a certificate issued by the central assessment unit and certifying that, on a specified day or within a specified period—\n\t(a)\ta specified person was, or was not, the holder of an NDIS worker check clearance; or\n\t(b)\ta specified person was, or was not, the subject of an NDIS worker check exclusion; or\n\t(c)\ta specified person had, or had not, made an application for an NDIS worker check clearance; or\n\t(d)\tan NDIS worker check clearance held by a specified person was, or was not, suspended; or\n\t(e)\tan NDIS worker check clearance held by a specified person was, or was not, cancelled,\nmust be accepted as proved in the absence of evidence to the contrary.\n18ZO—Failure to give notice of decisions\nA failure to give notice of a decision as required by this Part does not, of itself, affect the validity or effect of the decision.\n18ZP—Central assessment unit may seek external advice\n\t(1)\tDespite a provision of this or any other Act or law, the central assessment unit may, in relation to any decision or determination under this Part, seek such medical, legal or other professional advice as it thinks necessary or appropriate to make the decision or determination.\n\t(2)\tWithout limiting subsection (1), the regulations may provide for the establishment of an advisory panel to advise or assist the central assessment unit in the performance of its functions under this Part.\n","sortOrder":12},{"sectionNumber":"Part 6","sectionType":"part","heading":"Screening of persons working with people with disability","content":"Part 6—Screening of persons working with people with disability\nEditorial note—\nPart 6 had not come into operation at the date of the publication of this version.\n19—Interpretation\n\t(1)\tIn this Part—\nassessable information means information declared by the regulations to be assessable information for the purposes of this Part;\nexcluded person means a person, or a person of a class, declared by the regulations to be an excluded person for the purposes of this definition;\nprescribed offence means an offence, or offence of a class, prescribed by the regulations for the purposes of this Part;\nprescribed position means—\n\t(a)\ta position in which a person works, or is likely to work, with people with disability; or\n\t(b)\tany other position, or a position of a class, prescribed by the regulations for the purposes of this definition;\nprohibition notice means a notice prohibiting a specified person from working with people with disability issued to a person in accordance with the regulations;\nrecords management system means the records management system established under section 22D;\nscreening check—see section 23(1);\nunique identifier, in relation to a person, means the unique identifier issued or recognised in respect of the person under the regulations.\n\t(2)\tFor the purposes of this Part, a reference to a person being employed will be taken to include a reference to a person who—\n\t(a)\tis a self‑employed person; or\n\t(b)\tcarries out work under a contract for services; or\n\t(c)\tcarries out work as a minister of religion or as part of the duties of a religious or spiritual vocation; or\n\t(d)\tundertakes practical training as part of an educational or vocational course; or\n\t(e)\tcarries out work as a volunteer; or\n\t(f)\tperforms unpaid community work in accordance with an order of a court,\nand a reference to an employer, employee or employment is to be construed accordingly.\n20—Working with people with disability\nFor the purposes of this Act, a person works with people with disability if the person—\n\t(a)\tin the course of their employment provides a service, or undertakes an activity, of a kind prescribed by the regulations for the purposes of this section; or\n\t(b)\tcarries on a business in the course of which an employee provides a service, or undertakes an activity, of a kind referred to in paragraph (a) (whether or not the person themself provides such a service, or undertakes such an activity).\n21—Certain persons prohibited from working with people with disability\n\t(1)\tThe following persons (prohibited persons) are prohibited from working with people with disability:\n\t(a)\ta person to whom a prohibition notice has been issued;\n\t(b)\ta person who, under a law of the Commonwealth, or of another State or Territory, is prohibited from working with people with disability (however described);\n\t(c)\ta person who has been found guilty of a prescribed offence committed as an adult.\n\t(2)\tSubsection (1)(c) applies in relation to a prescribed offence—\n\t(a)\twhether the offence was committed before or after the commencement of this section; and\n\t(b)\twhether the finding of guilt was made before or after the commencement of this section.\n\t(3)\tA person who works with a person with disability in contravention of subsection (1) is guilty of an offence.\nMaximum penalty: $50 000 or imprisonment for 1 year.\n\t(4)\tAn employer who employs, or continues to employ, a prohibited person in a prescribed position is guilty of an offence.\nMaximum penalty: \n\t(a)\tin the case of a natural person—$50 000 or imprisonment for 1 year; or\n\t(b)\tin the case of a body corporate—$120 000.\n22—Working with people with disability without current screening check prohibited\n\t(1)\tSubject to this section, a person must not work with people with disability unless a screening check has been conducted in relation to the person within the preceding 5 years.\nMaximum penalty: \n\t(a)\tfor a first or second offence—$20 000;\n\t(b)\tfor a third or subsequent offence—$50 000 or imprisonment for 1 year.\n\t(2)\tSubsection (1) does not apply to an excluded person.\n22A—Steps employers must take before employing person in prescribed position\n\t(1)\tAn employer must not employ a person in a prescribed position unless the employer has—\n\t(a)\tobtained from the person their full name, address, date of birth and unique identifier; and\n\t(b)\tverified, in accordance with the regulations, that—\n\t(i)\ta screening check has been conducted in relation to the person within the preceding 5 years; and\n\t(ii)\tthe person is not a prohibited person; and\n\t(c)\tprovided to the central assessment unit—\n\t(i)\tthe name, address, telephone number and email address of the business at which the person is to be employed; and\n\t(ii)\tthe name and contact details of the person who verified the matters referred to in paragraph (b).\n\t(2)\tSubsection (1) does not apply in relation to a prospective employee who is an excluded person.\n22B—Employer to ensure screening check conducted at least every 5 years\n\t(1)\tAn employer must not continue to employ a person in a prescribed position unless a screening check has been conducted in relation to the person within the preceding 5 years.\n\t(2)\tAn employer who employs a person in a prescribed position must, at least once in every 5 year period, verify, in accordance with the regulations, that—\n\t(a)\ta screening check has been conducted in relation to the person within the preceding 5 years; and\n\t(b)\tthe person is not a prohibited person.\n\t(3)\tSubsections (1) and (2) do not apply in relation to an employee who is an excluded person.\n22C—Employer to advise central assessment unit of certain information\n\t(1)\tThe employer of a person employed in a prescribed position must notify the central assessment unit if—\n\t(a)\tthe employer becomes aware of any assessable information in relation to the person; or\n\t(b)\tthe employer becomes aware that the person is prohibited from working with people with disability under a law of the Commonwealth, or of another State or Territory.\n\t(2)\tA notice under subsection (1)—\n\t(a)\tmust be given in a manner and form determined by the central assessment unit; and\n\t(b)\tmust be given as soon as is reasonably practicable after the employer becomes aware of the relevant matter; and\n\t(c)\tmust contain the information required by the regulations for the purposes of this paragraph.\n\t(3)\tAn employer must not refuse or fail to comply with subsection (1).\nMaximum penalty: $25 000.\n\t(4)\tSubsection (1) does not apply in relation to an employee who is an excluded person.\n22D—Records management system\n\t(1)\tSubject to this section, the Registrar must establish and maintain a records management system for the purposes of this Act.\n\t(2)\tThe records management system must include the information required by the regulations, and may contain such information as the Registrar thinks appropriate.\n\t(3)\tThe Registrar must correct an entry in the records management system that is not, or has ceased to be, correct.\n\t(4)\tThe Registrar must ensure that the records management system is such as to enable a person to inspect the records management system in accordance with the regulations.\n\t(5)\tThe Registrar must ensure that the records management system is such as to enable a person to obtain, in accordance with any requirements set out in the regulations, evidence of the fact that the person has inspected or interrogated the records management system.\n\t(6)\tThe Registrar must ensure that the records management system is such as to enable a person to whom a unique identifier is issued to obtain without charge that identifier, or evidence of that identifier.\n\t(7)\tThe records management system under this Part may be combined with the records management system under the Child Safety (Prohibited Persons) Act 2016.\n22E—Inspection of records management system\n\t(1)\tThe Registrar must ensure that the central assessment unit has direct and unrestricted access to the records management system for the purposes of its functions under this Act.\n\t(2)\tThe records management system may be inspected (without charge) by any person.\n\t(3)\tA person who interrogates the records management system under this Act must be provided with evidence of that fact in accordance with the regulations.\n\t(4)\tThe regulations may make further provision in respect of inspection of the records management system (including provisions limiting access to specified parts of the system, or to information of a specified kind).\n23—Regulations to set out scheme for screening checks\n\t(1)\tThe Governor may, by regulation, establish a scheme for the screening of persons working with, or who are to work with, people with disability (a screening check).\n\t(2)\tWithout limiting the matters that may be the subject of regulations under this section, the regulations may make provisions—\n\t(a)\trequiring that screening checks be undertaken by a specified person or body;\n\t(b)\texempting a specified person, or specified class of persons, from the operation of section 22(1) in specified circumstances (including, to avoid doubt, where an application for a screening check is not processed within a specified period);\n\t(c)\tprescribing information, or classes of information, that may or must, or must not, be assessed in the course of a screening check;\n\t(d)\trecognising working with children checks under the Child Safety (Prohibited Persons) Act 2016, or other assessments of a person's criminal or other history under any other Act, as a screening check for the purposes of this Part;\n\t(da)\trecognising NDIS worker check clearances or NDIS worker check exclusions (both within the meaning of Part 5A) as a screening check or prohibition notice for the purposes of this Part;\n\t(e)\tproviding for, or limiting, procedural fairness to be afforded in the conduct of screening checks;\n\t(ea)\timposing requirements relating to the provision of information to the central assessment unit, and the disclosure and use of such information;\n\t(f)\timposing requirements in relation to the confidentiality of information;\n\t(g)\timposing requirements in respect of the keeping of records;\n\t(h)\tproviding for reviews of, or appeals against, decisions made in the course of a screening check;\n\t(i)\tof an evidentiary nature relating to the operation of this Part.\n\t(3)\tWithout limiting a preceding subsection, the regulations may make such provisions as may be necessary or appropriate to make the screening check scheme under this Part consistent with the working with children check scheme under the Child Safety (Prohibited Persons) Act 2016.\n","sortOrder":13},{"sectionNumber":"Part 6A","sectionType":"part","heading":"Restrictive practices","content":"Part 6A—Restrictive practices\n23A—Application of Part\n\t(1)\tThis Part applies to the use of restrictive practices by a prescribed NDIS provider in relation to a prescribed person or class of prescribed persons.\n\t(2)\tFor the purposes of this Part, the following persons are prescribed NDIS providers:\n\t(a)\ta registered NDIS provider who uses, or is reasonably likely to use, restrictive practices in the course of delivering NDIS supports to an NDIS participant;\n\t(b)\tany other registered NDIS provider, or registered NDIS provider of a class, prescribed by the regulations for the purposes of this paragraph;\n\t(c)\tany other person, or person of a class, prescribed by the regulations for the purposes of this paragraph (being a person who provides services to NDIS participants but is not a registered NDIS provider).\n\t(3)\tFor the purposes of this Part, the following persons are prescribed persons:\n\t(a)\tan NDIS participant;\n\t(b)\ta person who receives NDIS supports;\n\t(c)\tany other person, or person of a class, prescribed by the regulations for the purposes of this paragraph.\n\t(4)\tNothing in this Part authorises the use of restrictive practices other than in accordance with this Part.\n23B—Interpretation\n\t(1)\tIn this Part, unless the contrary intention appears—\nAuthorised Program Officer, in respect of a prescribed NDIS provider, means a person authorised as an Authorised Program Officer in respect of the prescribed NDIS provider under section 23L;\nbehaviour support plan, in relation to a prescribed person, means—\n\t(a)\ta behaviour support plan for the prescribed person within the meaning of the NDIS Rules, as in force from time to time; or\nA behaviour support plan under the NDIS Rules includes an interim behaviour support plan.\n\t(b)\tany other behaviour support plan or interim behaviour support plan (however described) prescribed by the regulations for the purposes of this paragraph;\ndetention—see section 23C;\nlevel 1 restrictive practice means a restrictive practice (not being a restrictive practice consisting of or involving the detention of a person) declared by the regulations to be a level 1 restrictive practice;\nlevel 2 restrictive practice means a restrictive practice, or combination of restrictive practices, (not being a restrictive practice consisting of or involving the detention of a person) declared by the regulations to be a level 2 restrictive practice;\nNDIA means the National Disability Insurance Agency;\nNDIS participant means a participant within the meaning of the National Disability Insurance Scheme Act 2013;\nNDIS Quality and Safeguards Commission means the NDIS Quality and Safeguards Commission under the National Disability Insurance Scheme Act 2013;\nNDIS Rules means—\n\t(a)\tthe National Disability Insurance Scheme (Restrictive Practices and Behaviour Support) Rules 2018; or\n\t(b)\tif the rules referred to in paragraph (a) are revoked or replaced by rules made under the National Disability Insurance Scheme Act 2013 dealing with restrictive practices—those rules,\nas in force from time to time;\nNDIS supports means supports within the meaning of the National Disability Insurance Scheme Act 2013;\npremises includes a part of premises;\nprescribed NDIS provider—see section 23A(2);\nprescribed person—see section 23A(3);\nprohibited restrictive practices—see section 23D;\nregistered NDIS provider has the same meaning as in the National Disability Insurance Scheme Act 2013;\nrestrictive practice means a regulated restrictive practice (within the meaning of the NDIS Rules);\nSection 6 of the NDIS rules defines a regulated restrictive practice as follows:\n\t(a)\tseclusion, which is the sole confinement of a person with disability in a room or a physical space at any hour of the day or night where voluntary exit is prevented, or not facilitated, or it is implied that voluntary exit is not permitted;\n\t(b)\tchemical restraint, which is the use of medication or chemical substance for the primary purpose of influencing a person's behaviour. It does not include the use of medication prescribed by a medical practitioner for the treatment of, or to enable treatment of, a diagnosed mental disorder, a physical illness or a physical condition;\n\t(c)\tmechanical restraint, which is the use of a device to prevent, restrict, or subdue a person's movement for the primary purpose of influencing a person's behaviour but does not include the use of devices for therapeutic or non‑behavioural purposes;\n\t(d)\tphysical restraint, which is the use or action of physical force to prevent, restrict or subdue movement of a person's body, or part of their body, for the primary purpose of influencing their behaviour. Physical restraint does not include the use of a hands‑on technique in a reflexive way to guide or redirect a person away from potential harm/injury, consistent with what could reasonably be considered the exercise of care towards a person;\n\t(e)\tenvironmental restraint, which restricts a person's free access to all parts of their environment, including items or activities.\nHowever, care should be taken to check the current form of the NDIS Rules before relying on that definition.\nrestrictive practices guidelines means the restrictive practices guidelines published under section 23H, as in force from time to time;\nrisk of harm—see subsection (2);\nSenior Authorising Officer means the person from time to time appointed as the Senior Authorising Officer under section 23I.\n\t(2)\tFor the purposes of this Part, a reference to behaviour of a person that constitutes a risk of harm will be taken to be a reference to any of the following behaviours, or a combination of any of the following behaviours:\n\t(a)\tthe use of force against another person, or an express or implied threat that force will be used against another person;\n\t(b)\tself‑harm, or an express or implied threat of self‑harm;\n\t(c)\tbehaviour that substantially increases the likelihood that physical or mental harm will be caused to the person or to any other person (whether intentionally or unintentionally);\n\t(d)\tany other behaviour of a kind prescribed by the regulations.\n23C—Meaning of detention\n\t(1)\tFor the purposes of this Part, a reference to the detention of a person will be taken to be a reference to—\n\t(a)\tany direct or indirect curtailment of the person's ability to leave particular premises or a particular part of particular premises (whether by physical means, by force of policy or rules, by the withholding of information (such as an access code), by an omission or otherwise); or\n\t(b)\ta requirement that the person be and remain in particular premises or a particular part of particular premises (whether on a residential basis or otherwise); or\n\t(c)\tthe refusal or limitation of access to means of leaving particular premises or a particular part of particular premises (being means (such as a wheelchair) that the person is otherwise lawfully entitled to access and without which it is not reasonably possible for the person to leave the premises or part of premises); or\n\t(d)\tany other act or omission of a kind declared by the regulations to be included in the ambit of this paragraph,\nbut does not include an act or omission of a kind declared by the regulations not to constitute the detention of a person.\n\t(2)\tFor the purposes of this section, the fact that a person may leave premises or a part of particular premises, or access means of leaving premises or a part of premises, with the permission of a specified person does not, of itself, mean that the person is not detained.\n\t(3)\tHowever, the detention of a person pursuant to another Act or law will be taken not to constitute detention for the purposes of this Part.\n23D—Prohibited restrictive practices\n\t(1)\tThe Governor may, by regulation, prohibit the use of restrictive practices of a specified kind (prohibited restrictive practices) for the purposes of this Part.\n\t(2)\tNothing in this Part authorises the use of a prohibited restrictive practice.\n23E—Limits on kinds of restrictive practices that may be used by person\nNothing in this Part authorises a person to use a restrictive practice of a particular kind if—\n\t(a)\ta condition or limitation on the authorisation of the person under this Part prevents the person from using such a restrictive practice; or\n\t(b)\tthe person does not hold an authorisation (however described) required under any other Act or law to use such a restrictive practice.\n23F—Interaction with other Acts and laws\n\t(1)\tTo avoid doubt, nothing in this Part limits the operation of the National Disability Insurance Scheme (Restrictive Practices and Behaviour Support) Rules 2018, or any other rules under the National Disability Insurance Scheme Act 2013.\n\t(2)\tTo avoid doubt, nothing in this Part limits the operation of a behaviour support plan.\n\t(3)\tThis Part is in addition to, and does not derogate from, the Mental Health Act 2009, the Guardianship and Administration Act 1993 or any other Act or law that authorises the use of restrictive practices.\n\t(4)\tNothing in this Part limits the operation of the Controlled Substances Act 1984 (and, in particular, a drug may only be administered in the course of a restrictive practice or administration of medical treatment by a person authorised to do so in accordance with that Act).\n23G—Principles\nThe following principles are to be observed in the operation of this Part:\n\t(a)\trestrictive practices should only be used by prescribed NDIS providers in limited circumstances, as a last resort, in the least restrictive way and for the shortest period possible in the circumstances;\n\t(b)\tthe use of restrictive practices is to be limited to circumstances in which prescribed persons cause, or may cause, harm to themselves or others;\n\t(c)\tthe use of restrictive practices in relation to a prescribed person must be done in a manner that—\n\t(i)\tis, as far as is practicable, consistent with the prescribed person's human rights; and\n\t(ii)\tsafeguards the prescribed person and others from harm; and\n\t(iii)\tis proportionate to the potential negative consequence or risk of harm; and\n\t(iv)\tmaximises the opportunity for positive outcomes and aims to reduce or eliminate the need for use of restrictive practices; and\n\t(v)\tensures transparency and accountability; and\n\t(vi)\tensures, where relevant, that restrictive practices are used in relation to a prescribed person in a way that is consistent with a behaviour support plan for the prescribed person;\n\t(d)\tthe use of restrictive practices must not be used—\n\t(i)\tas a punishment or for the convenience of others; or\n\t(ii)\tto address inadequate levels of staffing, equipment or facilities.\n23H—Minister to publish restrictive practices guidelines\n\t(1)\tThe Minister must, by notice in the Gazette, publish guidelines (the restrictive practices guidelines) for the purposes of this Part.\n\t(2)\tThe Minister may, by subsequent notice in the Gazette, vary, substitute or revoke the restrictive practices guidelines published under subsection (1).\n\t(3)\tIn preparing, varying or substituting the restrictive practices guidelines, the Minister—\n\t(a)\tmust seek submissions from the Senior Authorising Officer and have regard to those submissions; and\n\t(b)\tmust undertake such consultation as may be required by the regulations (and may undertake such other consultation as the Minister thinks fit); and\n\t(c)\tmust comply with any other requirements set out in the regulations.\n\t(4)\tThe Minister must, within 6 sitting days after publishing the restrictive practices guidelines, lay a copy of the guidelines (or the guidelines as varied) before both Houses of Parliament.\n\t(5)\tThe Minister must cause the restrictive practices guidelines to be published on a website determined by the Minister.\nDivision 2—Senior Authorising Officer\n23I—Senior Authorising Officer\n\t(1)\tThe Chief Executive may, by notice in writing, appoint a person who holds the qualifications, and has the experience, prescribed by the regulations to be the Senior Authorising Officer.\n\t(2)\tThe Senior Authorising Officer is to be a member of the Public Service and holds office for a term, and on conditions, determined by the Chief Executive.\n\t(3)\tThe Senior Authorising Officer is subject to the direction and control of the Chief Executive.\n\t(4)\tThe Chief Executive may vary or revoke an appointment under this section for any reason the Chief Executive thinks fit.\n23J—Functions of Senior Authorising Officer\n\t(1)\tThe Senior Authorising Officer has the following functions under this Part:\n\t(a)\tto assist the Minister in the preparation, variation or substitution of the restrictive practices guidelines;\n\t(b)\tto keep the restrictive practices guidelines under review;\n\t(c)\tto authorise specified persons to authorise the use of level 1 restrictive practices by a prescribed NDIS provider;\n\t(d)\tto authorise the use of level 1 or 2 restrictive practices (or both);\n\t(e)\tto promote the reduction and, where possible, the elimination of the use of restrictive practices in the disability sector;\n\t(f)\tto provide education and training relating to the use of restrictive practices;\n\t(g)\tto advise the Minister and other persons in relation to the use of restrictive practices in the disability sector;\n\t(h)\tsuch other functions as may be assigned to the Senior Authorising Officer by or under this Act or by the Minister.\n\t(2)\tThe Senior Authorising Officer has such powers as may be necessary or expedient for the purposes of performing the Senior Authorising Officer's functions under this Part.\n23K—Power of delegation\n\t(1)\tThe Senior Authorising Officer may delegate a function or power under this Part (other than a prescribed function or power) to a specified person or body.\n\t(2)\tA delegation under this section—\n\t(c)\tdoes not derogate from the ability of the Senior Authorising Officer to act in any matter; and\n\t(3)\tA function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.\nDivision 3—Authorised Program Officers\n23L—Authorised Program Officers in respect of prescribed NDIS providers\n\t(1)\tThe Senior Authorising Officer may, in accordance with any requirements set out in the regulations or the restrictive practices guidelines, by written instrument, authorise a person who holds the qualifications, and has the experience, prescribed by the regulations as an Authorised Program Officer in respect of a specified prescribed NDIS provider.\n\t(2)\tAn authorisation under subsection (1) must set out—\n\t(a)\tthe prescribed NDIS provider in respect of whom the Authorised Program Officer is authorised under this section; and\n\t(b)\tthe restrictive practices the Authorised Program Officer may authorise the prescribed NDIS provider to use; and\n\t(c)\tany conditions or limitations that apply to the authorisation in relation to the use of restrictive practices, or restrictive practices of a specified kind; and\n\t(d)\tthe date (if any) on which the authorisation ceases to have effect; and\n\t(e)\tany other information required by the regulations,\nand may set out any other information the Senior Authorising Officer considers appropriate.\n\t(3)\tAn authorisation under subsection (1)—\n\t(a)\tmay be conditional or unconditional; and\n\t(b)\thas effect for—\n\t(i)\tif a period is specified in the notice—that period; or\n\t(ii)\tif no such period is specified—until it is revoked under this section.\n\t(4)\tThe Senior Authorising Officer may, by notice in the Gazette, vary or revoke an authorisation under this section, or a condition or limitation of the authorisation, on any grounds the Senior Authorising Officer thinks fit (including, without limiting this subsection, for a contravention of this Part or the restrictive practices guidelines).\nDivision 4—Use of restrictive practices other than those involving detention\n23M—General provisions relating to use of restrictive practices\n\t(1)\tNothing in this Part authorises the use of restrictive practices—\n\t(a)\tas a punishment or for the convenience of others; or\n\t(b)\tto address inadequate levels of staffing, equipment or facilities.\n\t(2)\tA prescribed NDIS provider may only use restrictive practices (including restrictive practices of a particular kind) if, in the opinion of the prescribed NDIS provider, there is no other way to minimise the risk of harm, or to prevent further harm from being caused, that is reasonably available in the circumstances.\n\t(3)\tA prescribed NDIS provider may be assisted in the use of restrictive practices by such persons as the prescribed NDIS provider thinks fit.\n\t(4)\tA person may use reasonable force in the course of using restrictive practices under this Part (however, the use of force is to be a last resort and must be reasonably necessary to enable the use of restrictive practices in the circumstances).\n\t(5)\tTo avoid doubt, restrictive practices may be used in relation to a prescribed person—\n\t(a)\twithout the consent of the prescribed person; or\n\t(b)\tdespite a refusal of the prescribed person to consent to the use of restrictive practices.\n\t(6)\tTo avoid doubt, restrictive practices may be used in relation to a prescribed person who is a child.\n23N—Authorised Program Officer may authorise use of level 1 restrictive practices\n\t(1)\tAn Authorised Program Officer in respect of a prescribed NDIS provider may authorise the prescribed NDIS provider to use level 1 restrictive practices in relation to a prescribed person if the Authorised Program Officer believes on reasonable grounds that—\n\t(a)\tthe prescribed person is displaying behaviour that constitutes a risk of harm; and\n\t(b)\tthe use of level 1 restrictive practices is necessary to minimise the risk of harm, or to prevent further harm from being caused; and\n\t(c)\tthe prescribed person has a behaviour support plan; and\n\t(d)\tthe behaviour support plan was prepared in consultation with the prescribed person; and\n\t(e)\tthe use of level 1 restrictive practices of the relevant kind is contemplated by, and consistent with, the prescribed person's behaviour support plan.\n\t(2)\tAn authorisation under this section—\n\t(a)\tmust be in writing; and\n\t(b)\tmay be conditional or unconditional; and\n\t(c)\tmust set out—\n\t(i)\tthe kind or kinds of restrictive practices that the prescribed NDIS provider is authorised to use; and\n\t(ii)\tany conditions or limitations that apply to the authorisation in relation to the use of restrictive practices, or restrictive practices of a specified kind; and\n\t(iii)\tthe date (if any) on which the authorisation ceases to have effect; and\n\t(iv)\tany other information required by the regulations; and\n\t(3)\tAn Authorised Program Officer must, in authorising the use of level 1 restrictive practices, comply with the restrictive practices guidelines.\n\t(4)\tA prescribed NDIS provider must, in using level 1 restrictive practices pursuant to an authorisation under this section, comply with the restrictive practices guidelines.\n\t(5)\tWithout limiting any other provision of this Part, or any other Act or law, a prescribed NDIS provider may, in relation to the use of level 1 restrictive practices in relation to a prescribed person, do 1 or more of the following:\n\t(a)\tenter and remain in a place where the prescribed NDIS provider reasonably suspects the prescribed person may be found;\n\t(b)\tsearch the prescribed person's clothing or possessions and take possession of anything in the prescribed person's possession that the prescribed person may use to cause harm to themself or others, or to damage property;\n\t(c)\tretain anything so taken from the possession of the prescribed person for as long as is necessary for reasons of safety (and then return the thing to the prescribed person or otherwise deal with the thing according to law).\n\t(6)\tA search referred to in subsection (5)(b) must be carried out expeditiously and in a manner that avoids, as far as reasonably practicable, causing the prescribed person any humiliation or offence.\n\t(7)\tAn Authorised Program Officer may only authorise the use of level 1 restrictive practices in relation to a prescribed person—\n\t(a)\tfor as long as is reasonably necessary to prevent the prescribed person from causing harm to themselves or others; or\n\t(b)\tuntil the prescribed person's behaviour support plan expires or otherwise ceases to have effect, or is varied such that the use of level 1 restrictive practices is no longer consistent with the behaviour support plan,\nwhichever is the lesser.\n\t(8)\tA prescribed NDIS provider who uses level 1 restrictive practices in relation to a prescribed person pursuant to an authorisation under this section must, in accordance with any requirements set out in the regulations, cause a written notice in respect of the use of restrictive practices to be given to—\n\t(a)\tin the case of a prescribed person who is a child—a parent or guardian of the prescribed person; or\n\t(b)\tin the case of a prescribed person who has a guardian or substitute decision maker—the guardian or substitute decision maker (as the case requires) and the prescribed person; or\n\t(c)\tin any other case—the prescribed person.\n\t(9)\tNothing in this section authorises an Authorised Program Officer to authorise the use of level 2 restrictive practices (including, to avoid doubt, level 2 restrictive practices comprising a combination of level 1 restrictive practices).\n\t(10)\tThe regulations may make further provisions in relation to the use of level 1 restrictive practices under this section (including by prohibiting or limiting the use of level 1 restrictive practices in specified circumstances).\n23O—Authorisation of use of level 1 or 2 restrictive practices by Senior Authorising Officer\n\t(1)\tThe Senior Authorising Officer may, on an application under this section or on the Senior Authorising Officer's own motion, authorise a prescribed NDIS provider to use level 1 or 2 restrictive practices, or level 1 or 2 restrictive practices of a specified kind, (or both) in relation to a specified prescribed person.\n\t(2)\tThe Senior Authorising Officer may only authorise a prescribed NDIS provider to use level 1 or 2 restrictive practices in relation to a prescribed person if the Senior Authorising Officer believes on reasonable grounds that—\n\t(a)\tthe prescribed person is displaying behaviour that constitutes a risk of harm; and\n\t(b)\tthe use of level 1 or 2 restrictive practices is necessary to minimise the risk of harm, or to prevent further harm from being caused; and\n\t(c)\tthe prescribed person has a behaviour support plan; and\n\t(d)\tthe behaviour support plan was prepared in consultation with the prescribed person; and\n\t(e)\tthe use of level 1 or 2 restrictive practices of the relevant kind is contemplated by, and consistent with, the prescribed person's behaviour support plan.\n\t(3)\tAn authorisation under this section—\n\t(a)\tmust be in writing; and\n\t(b)\tmay be conditional or unconditional; and\n\t(c)\tmust set out—\n\t(i)\tthe kind or kinds of restrictive practices that the prescribed NDIS provider is authorised to use; and\n\t(ii)\tany conditions or limitations that apply to the authorisation in relation to the use of restrictive practices, or restrictive practices of a specified kind; and\n\t(iii)\tthe date (if any) on which the authorisation ceases to have effect; and\n\t(iv)\tany other information required by the regulations; and\n\t(4)\tAn application under this section—\n\t(a)\tmay only be made by a prescribed NDIS provider who is providing, or is to provide, services to the specified prescribed person, or an Authorised Program Officer in respect of such a prescribed NDIS provider; and\n\t(b)\tmust be made in a manner and form determined by the Senior Authorising Officer; and\n\t(c)\tmust be accompanied by such information or documents as the Senior Authorising Officer may require; and\n\t(5)\tA prescribed NDIS provider must, in using level 1 or 2 restrictive practices pursuant to an authorisation under this section, comply with the restrictive practices guidelines.\n\t(6)\tWithout limiting any other provision of this Part, or any other Act or law, a prescribed NDIS provider may, in relation to the use of level 1 or 2 restrictive practices in relation to a prescribed person, do 1 or more of the following:\n\t(a)\tenter and remain in a place where the prescribed NDIS provider reasonably suspects the prescribed person may be found;\n\t(b)\tsearch the prescribed person's clothing or possessions and take possession of anything in the prescribed person's possession that the prescribed person may use to cause harm to themself or others, or to damage property;\n\t(c)\tretain anything so taken from the possession of the prescribed person for as long as is necessary for reasons of safety (and then return the thing to the prescribed person or otherwise deal with the thing according to law).\n\t(7)\tA search referred to in subsection (6)(b) must be carried out expeditiously and in a manner that avoids, as far as reasonably practicable, causing the prescribed person any humiliation or offence.\n\t(8)\tA prescribed NDIS provider who uses level 1 or 2 restrictive practices in relation to a prescribed person pursuant to an authorisation under this section must, in accordance with any requirements set out in the regulations, cause a written notice in respect of the use of restrictive practices to be given to—\n\t(a)\tin the case of a prescribed person who is a child—a parent or guardian of the prescribed person; or\n\t(b)\tin the case of a prescribed person who has a guardian or substitute decision maker—the guardian or substitute decision maker (as the case requires) and the prescribed person; or\n\t(c)\tin any other case—the prescribed person.\n\t(9)\tAt the end of the period during which an authorisation under this section has effect, the Senior Authorising Officer may, on an application under this section or on the Senior Authorising Officer's own motion, authorise the further use of level 1 or 2 restrictive practices, or level 1 or 2 restrictive practices of a specified kind, (or both) in relation to a particular prescribed person.\n\t(10)\tThe regulations may make further provisions in relation to authorisations under this section (including by prohibiting or limiting the making of applications in relation to prescribed persons of a specified class, or in specified circumstances).\n23P—Revocation of authorisation to use restrictive practices\nThe Senior Authorising Officer may, if the Senior Authorising Officer reasonably believes that it is appropriate to do so, by notice in writing—\n\t(a)\trevoke an authorisation to use level 1 restrictive practices given by an Authorised Program Officer under section 23N; or\n\t(b)\tvary or revoke an authorisation to use level 1 or 2 restrictive practices given by the Senior Authorising Officer under section 23O.\n23Q—Senior Authorising Officer may require information from State authorities\n\t(1)\tThe Senior Authorising Officer may, by notice in writing, require a State authority to provide to the Senior Authorising Officer such information relating to a specified person as may be in the State authority's possession and that the Senior Authorising Officer reasonably requires for the purposes of this Part.\n\t(2)\tA State authority must provide the information to the Senior Authorising Officer in the manner, and within the period, specified in the notice.\n\t(3)\tIf a State authority refuses or fails to comply with a notice under subsection (1), the Senior Authorising Officer may, after consultation with the State authority, report the refusal or failure to the Minister and to the Minister responsible for the State authority.\n23R—Senior Authorising Officer may require information from other persons\n\t(1)\tThe Senior Authorising Officer may, by notice in writing, require a specified person (whether or not the person is a prescribed NDIS provider) to provide to the Senior Authorising Officer such information relating to a specified person as may be in the person's possession and that the Senior Authorising Officer reasonably requires for the purposes of this Part.\n\t(2)\tA person to whom a notice is given under subsection (1) must provide the information to the Senior Authorising Officer in the manner, and within the period, specified in the notice.\n\t(3)\tA person who refuses or fails to comply with a notice under subsection (1) is guilty of an offence.\n23S—Senior Authorising Officer may notify NDIA or the NDIS Quality and Safeguards Commission\n\t(1)\tThe Senior Authorising Officer may notify the NDIA or the NDIS Quality and Safeguards Commission (or both) of any matter relating to a registered NDIS provider that has come to the attention of the Senior Authorising Officer in the course of exercising a power or performing a function or duty under this Act.\n\t(2)\tWithout limiting the matters that may be included in a notification under this section, a notification may include personal information relating to a prescribed person or prescribed persons.\n23T—Senior Authorising Officer may disclose etc information to other jurisdictions\n\t(1)\tDespite a provision of this or any other Act or law, the Senior Authorising Officer is authorised to receive and make use of information relevant to the functions of the Senior Authorising Officer under this Part from any person or body in this or any other jurisdiction.\n\t(2)\tDespite a provision of this or any other Act or law, the Senior Authorising Officer is authorised to disclose information in the possession of the Senior Authorising Officer to a prescribed person or body in another State or Territory for purposes related to the screening of persons who work with people with disability.\n\t(a)\ta person or body whose official function consists of or includes the screening of persons who work with people with disability (however described); or\n\t(b)\tany other person or body prescribed by the regulations for the purposes of this paragraph.\n23U—Disclosure of information to prevent harm\nDespite a provision of this or any other Act or law, the Senior Authorising Officer may disclose information obtained in the course of the administration or operation of this Part to an appropriate person or body if the Senior Authorising Officer is of the opinion that to do so is reasonably necessary to prevent harm being caused to a person with disability.\n23V—Disclosure of information for research purposes\nDespite a provision of this or any other Act or law, the Senior Authorising Officer may disclose information obtained in the course of the administration or operation of this Part to an appropriate person or body for the purposes of research into the operation of this Part or a law of another State or Territory related to the use of restrictive practices.\n23W—Provision of other information to Senior Authorising Officer\n\t(1)\tDespite a provision of this or any other Act or law, a person or body (including, to avoid doubt, an administrative unit or public sector employee within the meaning of the Public Sector Act 2009) may provide to the Senior Authorising Officer any information that the person or body reasonably believes is relevant to the functions of the Senior Authorising Officer under this Act.\n\t(2)\tA person or body incurs no civil or criminal liability in respect of the provision of information to the Senior Authorising Officer in good faith and without negligence under this section.\n23X—Information sharing for national register or database\nDespite a provision of this or any other Act or law, the Senior Authorising Officer may disclose information obtained in the operation or administration of this Part for the purpose of providing relevant information for entry in a national register or database relating to the use of restrictive practices.\nDivision 6—Dispute resolution\n23Y—Internal review by Senior Authorising Officer\n\t(1)\tA person who is aggrieved by a decision of an Authorised Program Officer or a prescribed NDIS provider under this Part is entitled to a review of the decision by the Senior Authorising Officer.\n\t(2)\tAn application for review—\n\t(a)\tmust be made in a manner and form determined by the Senior Authorising Officer; and\n\t(b)\tmust be made within 30 days after the day on which the decision was made (or such longer time as the Senior Authorising Officer may allow).\n\t(3)\tOn an application for review under this section the Senior Authorising Officer may confirm, vary or reverse the decision under review.\n\t(4)\tThe regulations may make further provision in respect of a review under this section (including, to avoid doubt, by limiting the kinds of decisions that may be the subject of an application or review).\n23Z—Review of decisions by South Australian Civil and Administrative Tribunal\n\t(1)\tSubject to this section, the Tribunal is, by force of this section, conferred with jurisdiction to deal with matters consisting of the review of the following decisions (reviewable decisions):\n\t(a)\ta decision of the Senior Authorising Officer under this Part;\n\t(b)\tany other decision prescribed by the regulations.\n\t(2)\tAn application for review of a reviewable decision may be made to the Tribunal by—\n\t(a)\tthe person to whom the decision relates; or\n\t(b)\ta person, or persons of a class, prescribed by the regulations for the purposes of this paragraph.\n\t(3)\tAn application must be made within 30 days after the date of the reviewable decision (or such longer period as may be allowed by the Tribunal).\n\t(4)\tHowever, the Tribunal may only allow an extension of time under subsection (3) if satisfied that—\n\t(a)\tspecial circumstances exist; and\n\t(b)\tanother party will not be unreasonably disadvantaged because of the delay in commencing the proceedings.\n23ZA—Limitation of liability\n\t(1)\tThe Minister, the Senior Authorising Officer and any other person or body incurs no civil or criminal liability for an act or omission in the course of performing a function under this Part (being an act or omission done or made in good faith and without negligence).\n\t(2)\tAn Authorised Program Officer, a prescribed NDIS provider or a person assisting a prescribed NDIS provider, incurs no civil or criminal liability for an act or omission relating to the use of restrictive practices in accordance with this Part (being an act or omission done or made in good faith and without negligence).\n\t(3)\tThe owner, occupier or operator of premises (however described) incurs no civil or criminal liability for an act or omission relating to the use of restrictive practices at the premises in accordance with this Part (being an act or omission done or made in good faith and without negligence).\n23ZB—Offence to hinder or obstruct Senior Authorising Officer etc\n\t(1)\tA person who hinders or obstructs the Senior Authorising Officer or an Authorised Program Officer in the course of performing a function or exercising a power under this Part is guilty of an offence.\n\t(2)\tA person who hinders or obstructs a prescribed NDIS provider in relation to the use of restrictive practices under this Part is guilty of an offence.\n\t(3)\tSubsections (1) and (2) do not apply to a prescribed person in relation to whom the Senior Authorising Officer or an Authorised Program Officer is performing a function or exercising a power, or restrictive practices are to be used (as the case requires).\n23ZC—False or misleading statements\nA person must not make a statement knowing that it is false or misleading in a material particular (whether by reason of the inclusion or omission of a particular) in information provided under this Part.\n23ZD—Evidentiary provision\nIn proceedings for an offence against this Act, an allegation in an information—\n\t(a)\tthat a specified person was, or was not, the Senior Authorising Officer at a specified time; or\n\t(b)\tthat a specified person was, or was not, an Authorised Program Officer in respect of a specified prescribed NDIS provider at a specified time; or\n\t(c)\tthat a specified person was, or was not, a prescribed NDIS provider at a specified time; or\n\t(d)\tthat a specified person was, or was not, a registered NDIS provider at a specified time; or\n\t(e)\tthat a specified restrictive practice was, or was not, a level 1 or 2 restrictive practice (as the case requires) at a specified time,\nmust be accepted as proved in the absence of evidence to the contrary.\n23ZE—Minister to provide annual report on operation of Part to Parliament\n\t(1)\tThe Chief Executive must, not later than 31 October in each year, cause a report on the operation of this Part during the preceding financial year to be prepared and provided to the Minister, setting out—\n\t(a)\tthe number of Authorised Program Officers authorised by the Senior Authorising Practitioner during that financial year; and\n\t(b)\tthe number of authorisations of the use of level 1 or 2 restrictive practices by the Senior Authorising Officer during that financial year (including any authorisations of the further use of such restrictive practices); and\n\t(c)\tthe kinds of restrictive practices authorised to be used by the Senior Authorising Officer during that financial year; and\n\t(d)\tany other information required by the regulations.\n\t(2)\tThe Minister must, within 12 sitting days after receiving a report under this section, lay a copy of the report before both Houses of Parliament.\n\t(3)\tA report under this section may be combined with the annual report of the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of this Act (in which case the Minister need not lay a copy of the report before both Houses of Parliament under subsection (2)).\n","sortOrder":14},{"sectionNumber":"Part 7","sectionType":"part","heading":"Community Visitor Scheme","content":"Part 7—Community Visitor Scheme\n24—Community Visitor Scheme\n\t(1)\tThe Governor may, by regulation, establish a scheme for a community visitor or visitors.\n\t(2)\tWithout limiting the matters that may be the subject of regulations under this section, the regulations may make provisions—\n\t(a)\trelating to the appointment and removal of community visitors;\n\t(b)\tconferring functions and powers on community visitors;\n\t(c)\tproviding for the delegation of the functions and powers of community visitors;\n\t(d)\trequiring reports to be provided to the Minister on the operation of the community visitor scheme during a specified period, and requiring such reports to be laid before Parliament.\n","sortOrder":15},{"sectionNumber":"Part 8","sectionType":"part","heading":"National Disability Insurance Scheme","content":"Part 8—National Disability Insurance Scheme\n25—Regulations for the purpose of implementing etc the National Disability Insurance Scheme\n\t(1)\tThe Governor may make regulations providing for, or relating to, the transition to the National Disability Insurance Scheme.\n\t(2)\tWithout limiting the matters that may be the subject of regulations under this section, the regulations may make provisions—\n\t(a)\tproviding for the exchange of records or information for the purposes of the NDIS;\n\t(b)\tof a saving or transitional nature consequent on the enactment of the National Disability Insurance Scheme Act 2013 of the Commonwealth, on the amendment of that Act or on the making of regulations under that Act.\n","sortOrder":16},{"sectionNumber":"Part 9","sectionType":"part","heading":"Information gathering and sharing","content":"Part 9—Information gathering and sharing\n26—Chief Executive may require State authority to provide report\n\t(1)\tThe Chief Executive may, if the Chief Executive is of the opinion that it is necessary or would otherwise assist in the performance of functions under this Act, require a State authority to prepare and provide a report to the Chief Executive in relation to the matters, and in accordance with any requirements, specified in the notice.\n\t(2)\tIf a State authority refuses or fails to comply with a requirement under subsection (1), the Chief Executive may require the State authority to provide to the Chief Executive within a specified period a report setting out the reasons for non‑compliance.\n\t(3)\tThe Chief Executive may, on receiving a report under subsection (2), submit a copy of the report to the Minister setting out the views of the Chief Executive in respect of the State authority's non‑compliance.\n\t(4)\tThe Minister must, on receiving a report under subsection (3), prepare a report to Parliament setting out—\n\t(a)\tthe Minister's response to the Chief Executive's report; and\n\t(b)\tany other information required by the regulations.\n\t(5)\tThe Minister must, within 6 sitting days after completing a report under subsection (4), cause a copy of both the report and the Chief Executive's report under subsection (3) to be laid before both Houses of Parliament.\n27—Sharing of information between certain persons and bodies\n\t(1)\tThis section applies to the following persons and bodies:\n\t(a)\ta State authority;\n\t(b)\ta community visitor;\n\t(c)\tany other person or body prescribed by the regulations.\n\t(2)\tDespite any other Act or law, a person or body to whom this section applies (the provider) may, in accordance with any requirement set out in the regulations, provide prescribed information and documents to another person or body to whom this section applies (the recipient) if the provider reasonably believes that the provision of the information or documents would assist the recipient—\n\t(a)\tto perform functions relating to people with disability; or\n\t(b)\tto manage any risk to a person with disability, or class of people with disability, that might arise in the recipient’s capacity as an employer or provider of services.\n\t(3)\tSubject to this section, but despite any other Act or law, information or documents that do not directly or indirectly disclose the identity of any person may be provided by one person or body to whom this section applies to another without restriction.\n\t(4)\tSubsection (3) applies—\n\t(a)\twhether or not the information or documents consist of or include prescribed information and documents; and\n\t(b)\twhether or not the information or document ever disclosed the identity of a person, or has been redacted so as to de-identify it.\n\t(5)\tInformation may be provided under this section whether or not the provider has been requested to provide the information.\n\t(6)\tDespite section 29, the recipient of information or documents under this section must not disclose information or documents received under this section except—\n\t(a)\tto another person or body to whom this section applies; or\n\t(b)\tas may be authorised by the regulations.\n\t(7)\tIn this section—\nprescribed information and documents means—\n\t(a)\tinformation or documents relating to the health, safety, welfare or wellbeing of a particular person with disability, or class of people with disability; or\n\t(b)\tany other information or document of a kind prescribed by the regulations for the purposes of this definition.\n28—Interaction with Public Sector (Data Sharing) Act 2016\nNothing in this Part affects the operation of the Public Sector (Data Sharing) Act 2016.\n","sortOrder":17},{"sectionNumber":"Part 10","sectionType":"part","heading":"Miscellaneous","content":"Part 10—Miscellaneous\n29—Confidentiality\n\t(1)\tSubject to this Act, a person engaged or formerly engaged in the administration, operation or enforcement of this Act must not disclose personal information obtained (whether by that person or otherwise) in the course of performing functions or exercising powers under this Act except—\n\t(a)\tas required or authorised by or under this Act or any other Act or law; or\n\t(b)\twith the consent of the person to whom the information relates; or\n\t(c)\tin connection with the administration or enforcement of this or any other Act; or\n\t(d)\tfor the purposes of referring the matter to a law enforcement agency, or a person or agency exercising official duties under an Act relating to the care or protection of people with disability; or\n\t(e)\tto an agency or instrumentality of this State, the Commonwealth or another State or a Territory of the Commonwealth for the purposes of the proper performance of its functions; or\n\t(f)\tif the disclosure is reasonably necessary for the protection of the lawful interests of that person.\n\t(2)\tSubsection (1) does not prevent disclosure of statistical or other data that could not reasonably be expected to lead to the identification of any person to whom it relates.\n\t(3)\tInformation that has been disclosed under subsection (1) for a particular purpose must not be used for any other purpose by—\n\t(a)\tthe person to whom the information was disclosed; or\n\t(b)\tany other person who gains access to the information (whether properly or improperly and whether directly or indirectly) as a result of that disclosure.\n\t(4)\tThe regulations may make further provision in respect of the disclosure of information obtained in the course of the administration of this Act.\n30—Victimisation\n\t(1)\tA person who causes detriment to another on the ground, or substantially on the ground, that the other person or a third person has provided, or intends to provide, information under this Act commits an act of victimisation.\n\t(2)\tHowever, causing detriment on the ground that a person—\n\t(a)\thas made a false allegation; or\n\t(b)\thas not acted in good faith,\ndoes not constitute an act of victimisation.\n\t(3)\tAn act of victimisation under this Act may be dealt with—\n\t(a)\tas a tort; or\n\t(b)\tas if it were an act of victimisation under the Equal Opportunity Act 1984,\nbut, if the victim commences proceedings in a court seeking a remedy in tort, the victim cannot subsequently lodge a complaint under the Equal Opportunity Act 1984 and, conversely, if the victim lodges a complaint under that Act, the victim cannot subsequently commence proceedings in a court seeking a remedy in tort.\n\t(4)\tIf a complaint alleging an act of victimisation under this Act has been lodged with the Commissioner for Equal Opportunity and the Commissioner is of the opinion that the subject matter of the complaint has already been adequately dealt with by a competent authority, the Commissioner may decline to act on the complaint or to proceed further with action on the complaint.\n\t(5)\tIn proceedings against a person seeking a remedy in tort for an act of victimisation committed by an employee or agent of the person, it is a defence to prove that the person exercised all reasonable diligence to ensure that the employee or agent would not commit an act of victimisation.\n\t(6)\tA person who personally commits an act of victimisation under this Act is guilty of an offence.\n\t(7)\tProceedings for an offence against subsection (6) may only be commenced by a police officer or a person approved by either the Commissioner of Police or the Director of Public Prosecutions.\n\t(8)\tIn this section—\ndetriment includes—\n\t(a)\tinjury, damage or loss; or\n\t(b)\tintimidation or harassment; or\n\t(c)\tdiscrimination, disadvantage or adverse treatment in relation to a person's employment; or\n\t(d)\tthreats of reprisal.\n31—Service\nExcept where this Act requires otherwise, a notice or other document required or authorised to be given to or served on a person under this Act may—\n\t(a)\tbe given to the person personally; or\n\t(b)\tbe left for the person at the person's place of residence or business with someone apparently over the age of 16 years; or\n\t(c)\tbe posted to the person at the person's last known place of residence or business; or\n\t(d)\tbe transmitted by fax or email to a fax number or email address provided by the person (in which case the notice or other document will be taken to have been given or served at the time of transmission); or\n\t(e)\tif the person is a company or registered body within the meaning of the Corporations Act 2001 of the Commonwealth, be served in accordance with that Act.\n32—Review of Act\n\t(1)\tThe Minister must cause a review of the operation of this Act to be conducted and a report on the review to be prepared and submitted to the Minister.\n\t(2)\tThe review and the report must be completed after the third, but before the fourth, anniversary of the commencement of this Act.\n\t(3)\tThe Minister must cause a copy of the report submitted under subsection (1) to be laid before both Houses of Parliament within 6 sitting days after receiving the report.\n33—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may—\n\t(a)\texempt a person, or a class of persons, from the operation of a specified provision or provisions of this Act; and\n\t(b)\tfix fees or charges in respect of any matter under this Act and their payment, recovery or waiver; and\n\t(ba)\tspecify requirements relating to the provision of information or documents to the central assessment unit; and\n\t(c)\tprovide for fines, not exceeding $50 000, for offences against the regulations; and\n\t(d)\tprovide for expiation fees, not exceeding $315, for offences against the regulations; and\n\t(e)\tprovide for the facilitation of proof of the commission of offences against the regulations.\n\t(3)\tThe regulations may—\n\t(a)\tbe of general or limited application; and\n\t(b)\tmake different provision according to the matters or circumstances to which they are expressed to apply; and\n\t(c)\tmake provisions of a saving or transitional nature consequent on the enactment or amendment of this Act or on the making of regulations under this Act; and\n\t(d)\tprovide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister or a specified person or body; and\n\t(e)\tapply or incorporate, wholly or partially and with or without modification, a code, standard, policy or other document prepared or published by the Minister or a specified person or body.\n\t(4)\tIf a code, standard or other document is referred to or incorporated in the regulations—\n\t(a)\ta copy of the code, standard or other document must be kept available for public inspection, without charge and during ordinary office hours, at an office or offices specified in the regulations; and\n\t(b)\tevidence of the contents of the code, standard or other document may be given in any legal proceedings by production of a document apparently certified by the Minister to be a true copy of the code, standard or other document.\n","sortOrder":18},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Repeal","content":"Schedule 1—Repeal\nPart 5—Repeal of Disability Services Act 1993\n5—Repeal of Disability Services Act 1993\nThe Disability Services Act 1993 is repealed.\nEditorial note—\nSchedule 1 Part 5 had not come into operation at the date of the publication of this version.\n","sortOrder":19},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Transitional provisions relating to NDIS worker check clearances","content":"Schedule 2—Transitional provisions relating to NDIS worker check clearances\n1—Interpretation\n\t(1)\tIn this Schedule, unless the contrary intention appears—\nassessment of relevant history means an assessment of relevant history conducted under the Disability Services Act 1993 (as in force immediately before the commencement of this clause) by an authorised screening unit;\nauthorised screening unit means a person or body who was, at the relevant time, an authorised screening unit within the meaning of the Disability Services (Assessment of Relevant History) Regulations 2014;\n\t(2)\tUnless the contrary intention appears, a term or phrase used in this Schedule that is defined in Part 5A of the Act has the same meaning as in that Part.\n2—Certain applications for assessments of relevant history taken to be application for NDIS worker check clearance\n\t(1)\tThis clause applies to an application for an assessment of relevant history made to an authorised screening unit before the commencement of this clause but not determined before such commencement.\n\t(2)\tAn application to which this clause applies will, for the purposes of Part 5A of the Act, be taken to be an application to the central assessment unit for an NDIS worker check clearance under that Part.\n3—Recognition of certain assessments of relevant history as NDIS worker check clearance\n\t(1)\tAn assessment of relevant history clearing a specified person to work with people with disability (however described) conducted within the 3 years preceding the commencement of this clause will be taken to be an NDIS worker check clearance in respect of the person granted under Part 5A of the Act.\n\t(2)\tHowever, this clause ceases to apply to an NDIS worker check clearance referred to in subclause (1) in respect of a person if any of the following occurs:\n\t(a)\tthe person becomes a prohibited person (within the meaning of Part 6) or a disqualified or presumptively disqualified person; or\n\t(b)\tan NDIS worker check clearance is conducted in relation to the person under Part 5A of the Act, or under a law of the Commonwealth or another State or Territory; or\n\t(c)\t3 years elapses after the date on which the assessment of relevant history to which the NDIS worker check clearance relates was undertaken,\nand the NDIS worker check clearance will, by force of this clause, be cancelled.\nLegislative history\nNotes\n\t•\tIn this version provisions that are uncommenced appear in italics.\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation amended by principal Act\nThe Disability Inclusion Act 2018 amended the following:\nCarers Recognition Act 2005\nDisability Services Act 1993\nIntervention Orders (Prevention of Abuse) Act 2009\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n Disability Inclusion Act 2018 \n14.6.2018\n1.7.2018 (Gazette 28.6.2018 p2618) except Sch 1 (cl 3)—1.2.2021 (Gazette 17.12.2020 p5743) and except Pt 6 & Sch 1 (cl 5)—uncommenced\n Statutes Amendment (Screening) Act 2019\n16.5.2019\nPt 4 (ss 18 to 20 & 24)—1.2.2021 (Gazette 17.12.2020 p5744); ss 21 to 23 & 25—16.5.2021 (s 7(5) Acts Interpretation Act 1915)\n Disability Inclusion (Restrictive Practices—NDIS) Amendment Act 2021\n20.5.2021\n30.5.2022 (Gazette 12.5.2022 p1123)\nDisability Inclusion (Review Recommendations) Amendment Act 2024\n27.6.2024\n19.8.2025 (Gazette 14.8.2025 p3219)\nCriminal Law Consolidation (Mental Competence) Amendment Act 2025\n27.3.2025\nSch 1 (cl 3)—14.7.2025 (Gazette 5.6.2025 p1385)\nProvisions amended\nNew entries appear in bold.\nProvision\nHow varied\nCommencement\nLong title\namended by 9/2019 s 18\nPt 1\n\ns 3\n\ns 3(1)\n\nbarrier\ninserted by 22/2024 s 3\ncentral assessment unit\ninserted by 9/2019 s 19(1)\nRegistrar\ninserted by 9/2019 s 19(2)\nTribunal\ninserted by 18/2021 s 4\nPt 2\n\nss 7A and 7B\ninserted by 22/2024 s 4\ns 8\namended by 22/2024 s 5(1), (2)\ns 9\n\ns 9(1)\namended by 22/2024 s 6(1), (2)\ns 9(5a)—(5c)\ninserted by 22/2024 s 6(3)\nPt 3\n\ns 10\n\ns 10(1)\namended by 22/2024 s 7\nPt 4\n\ns 13\n\ns 13(3)\namended by 22/2024 s 8(1), (2)\ns 13(4)\namended by 22/2024 s 8(3)\ns 14\n\ns 14(1)\namended by 22/2024 s 9(1), (2)\ns 14(3)\ninserted by 22/2024 s 9(3)\ns 15\n\ns 15(3)\ninserted by 22/2024 s 10\nPt 5\n\ns 16\n\ns 16(3)\namended by 22/2024 s 11(1), (2)\ns 16(4)\namended by 22/2024 s 11(3)\ns 17\n\ns 17(1)\namended by 22/2024 s 12(1), (2)\ns 17(1a)\ninserted by 22/2024 s 12(5)\ns 17(2)\namended by 22/2024 s 12(3), (4)\ns 18\n\ns 18(3)\ninserted by 22/2024 s 13\nPt 5A\ninserted by 9/2019 s 20\ns 18A\n\ns 18A(4)\namended by 12/2025 Sch 1 cl 3\n14.7.2025\nPt 6\n\ns 19\n\ns 19(1)\n\nassessable information\ninserted by 9/2019 s 21(1)\nrecords management system\ninserted by 9/2019 s 21(2)\nunique identifier\ninserted by 9/2019 s 21(3)\nss 22A—22E\ninserted by 9/2019 s 22\ns 23\n\ns 23(2)\namended by 9/2019 s 23(1), (2)\nPt 6A\ninserted by 18/2021 s 5\nPt 10\n\ns 33\n\ns 33(2)\namended by 9/2019 s 24(1), (2)\ns 33(3)\namended by 9/2019 s 24(3)\nSch 1\n\nPts 1—4 \nomitted under Legislation Revision and Publication Act 2002 \nSch 2\ninserted by 9/2019 s 25\nHistorical versions\n\n14.7.2025\n\n","sortOrder":20}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — the legislative text was not available for review due to a broken link. No comparison between original intent and current provisions is possible."},"complexity_factors":["No legislative content was retrievable — the source URL returned a 404 Page Not Found error","The website underwent a structural change around 24 March 2026, breaking old hyperlinks","Complexity cannot be meaningfully assessed without access to the actual text of the Act","Score of 1 reflects absence of analysable content, not simplicity of the underlying law"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe legislation content for the **Disability Inclusion Act 2018 (SA)** could not be retrieved. The link provided returned a **'Page Not Found'** error from the South Australian legislation website, likely due to a website restructure that occurred around **24 March 2026**.\n\n### What we do know:\n- This is a **South Australian** law (not a federal/national law)\n- It relates to **disability inclusion** — broadly, laws of this type typically aim to improve the participation, rights, and opportunities of people living with disability in areas like employment, services, and community life\n\n### What you should do:\n- Visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly and search for 'Disability Inclusion Act 2018'\n- Contact the SA Office of Parliamentary Counsel at **OPCWeb@sa.gov.au** if you cannot locate the Act\n- Update any old bookmarks to the Act as the website has been restructured\n\n> ⚠️ **No legal analysis can be reliably provided based on a broken page. Seek the actual Act text before making any decisions based on this law.**"},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act as presented has been expanded since the original 2018 enactment by later amendments that add and flesh out screening and restrictive‑practice regimes and other requirements. Notably, Part 5A (NDIS worker check clearances and exclusions) was inserted by the Statutes Amendment (Screening) Act 2019 (commenced 1 February 2021) (see insertion note for Pt 5A in legislative history). Part 6A (restrictive practices) was inserted by the Disability Inclusion (Restrictive Practices—NDIS) Amendment Act 2021 (commenced 30 May 2022) (see insertion note for Pt 6A). Subsequent amendments in 2024 and 2025 further amended objects, principles, planning and reporting requirements and definitions (see legislative history entries for 22/2024 and 12/2025). These changes expand the operational scope from primarily planning and access obligations to include detailed statutory screening, information‑sharing, enforcement, and authorisation powers concerning worker clearance, prohibitions on employment, and the regulated use of restrictive practices."},"complexity_factors":["Length and breadth: multiple Parts addressing policy planning, screening, restrictive practices, information sharing and administrative schemes across the State (Parts 2–10, Part 5A, Part 6A).","Extensive cross‑referencing to other statutes and instruments (NDIS Act, NDIS Rules, Child Safety (Prohibited Persons) Act, regulations, and intergovernmental agreement) increasing interpretive complexity (see sections 18A(7), 23F(1), 25).","High discretion and delegation: broad administrative powers to Minister, Chief Executive, central assessment unit, Registrar, Senior Authorising Officer and Authorised Program Officers with power to delegate (sections 11, 18E, 23K).","Sensitive information regimes: handling, classification and secrecy rules for criminal intelligence and protected information that limit disclosure of reasons and require in‑camera court processes (sections 18C–18D, 29).","Complex risk‑assessment and exclusion mechanics: layered definitions (disqualified, presumptively disqualified), presumptions, risk assessment factors and time frames (sections 18B, 18K, 18M–18O).","Multiple enforcement and evidentiary rules: statutory penalties, non‑reviewable decisions, evidentiary certificates and limits on remedies (sections 21–22, 18ZI(5), 18ZN, 18ZL, 23ZA).","Regulation‑dependent detail: many operational rules and definitions are left to regulations, guidelines and ministerial notices, shifting detail to subordinate instruments (sections 12, 23, 33).","Information sharing and retention powers: broad authority to collect, retain (including indefinitely), disclose to interstate and national bodies, and to enter material on national registers (sections 18Y, 18Z, 18ZC, 18ZE, 23X).","Interplay between safeguarding and civil/labour law: screening and exclusion outcomes interact with employment law but also limit remedies and jurisdiction in employment disputes (section 18ZK)."],"plain_english_summary":"What this law does, in plain terms\n\n- Mechanically, the Act sets up three linked systems:\n  - A whole‑of‑government planning and reporting regime requiring a State Disability Inclusion Plan (prepared by the Minister) and individual disability access and inclusion plans for each State authority, together with annual reporting and periodic reviews (see sections 13, 16, 14, 17, 15).  These are policy instruments that do not by themselves create private legal rights (section 6).\n  - A worker‑screening system for people who do National Disability Insurance Scheme (NDIS) work (Part 5A).  It creates an NDIS worker check clearance and an NDIS worker check exclusion, sets out who may apply and who is barred, requires identity verification and fees on application, authorises information collection and sharing about applicants, and gives a central assessment unit power to assess risk, issue exclusions, suspend or cancel clearances and publish or share particular outcomes (see sections 18G–18T, 18W–18ZC, 18P–18Q).  Some tribunal and review rights apply but certain decisions are non‑reviewable (see section 18ZI).\n  - A broader screening and prohibition framework for people working with people with disability (Part 6) and a regulatory regime for the authorised use of restrictive practices by prescribed NDIS providers (Part 6A).  These set out criminal penalties for working without checks or employing prohibited people, employer verification and notification duties, a records system, and an authorisation regime (Senior Authorising Officer and Authorised Program Officers) for permitting restrictive practices in specified circumstances (see sections 19–23, 23A–23P, 23Q–23ZB).\n\nWho is affected and who decides\n\n- People with disability are the primary focus of the protections and planning duties (see objects and principles in sections 8–9).  The Act also affects State authorities (required to prepare plans and report: sections 13, 16, 14, 17), employers and businesses who engage people to work with people with disability (verification, notification and record‑keeping duties: sections 22A–22D), NDIS providers (authorisations and compliance about restrictive practices: Part 6A), volunteers and individual applicants for clearances (Part 5A), and courts/tribunals (review and evidence rules: sections 18ZI, 18ZN).\n\n- Decision‑making power is concentrated in administrative bodies and office‑holders created or recognised by the Act:\n  - The Minister prepares the State Disability Inclusion Plan and issues guidelines (sections 13, 12).  The Minister must also seek views and establish advisory committees in some circumstances (sections 7A–7B).\n  - A Chief Executive has monitoring, reporting and guideline functions (section 10).\n  - The central assessment unit (and its Registrar) performs screening, risk assessment, grant/suspension/cancellation of NDIS worker check clearances and exclusions, information gathering and sharing (Part 5A: sections 18A, 18E, 18G–18S, 18W–18ZC).\n  - The Senior Authorising Officer and Authorised Program Officers authorise and oversee the lawful use of restrictive practices under Part 6A (sections 23I–23L, 23N–23O).\n\nWhy the Act says it matters (official purpose) and how that maps to practical trade‑offs\n\n- Official purpose claims: the Act says it exists to promote inclusion, support human rights consistent with the UN Convention on the Rights of Persons with Disabilities, improve access to mainstream supports and services, provide safeguards when supports are delivered, and set out State roles during/after transition to the NDIS (see sections 7 and 8).\n\n- Testing those claims mechanically against costs, incentives and trade‑offs (source‑grounded):\n  - Compliance costs and administrative burden: the Act imposes recurring administrative obligations on State authorities (to prepare, publish, review and report on plans — sections 13, 16, 14, 17), on employers (to verify identity, screening checks and notifiable information — sections 22A–22C), and on NDIS providers (record‑keeping, applying for authorisations and complying with restrictive‑practice guidelines — Part 6A).  Penalties and fees are attached to some failures, increasing enforcement risk (see penalty provisions in sections 21, 22, 22A–22C, 18ZJ).\n  - Who pays: costs of screening and fees are borne by applicants and in some cases employers or NDIS employers (application must be accompanied by a prescribed fee — section 18G(3)(d); volunteers who become paid workers may owe a fee — section 18ZJ).  State authorities bear the cost of preparing plans and reporting (sections 13, 14, 16, 17) and the Chief Executive must monitor compliance (section 10).  The Act enables regulations to fix fees (section 33(2)(b)).\n  - Bureaucratic discretion and delegated decision‑making: the central assessment unit, Registrar, Chief Executive, Minister, Senior Authorising Officer and delegations under sections 11, 18E and 23K are given broad discretion to make assessments, request information, authorise, delegate and share information.  This concentrates decision power in administrative offices and creates implementation discretion (see sections 11, 18E, 23K, 18W–18X, 23Q–23R).\n  - Information flows and privacy trade‑offs: the Act authorises substantial information collection, retention (including indefinite retention: section 18ZC(1)), sharing with other jurisdictions and bodies (sections 18Y, 18Z, 18ZB, 23T), and special handling of criminal intelligence and protected information that may limit disclosure of reasons for decisions (sections 18C–18D).  It also creates criminal and administrative sanctions for false or misleading statements (sections 18ZM, 23ZC) and sets confidentiality obligations with penalties (section 29).\n  - Effects on hiring, contract freedom and labour supply: by prohibiting specified people from working with people with disability (section 21) and by requiring employers to verify checks and notify the central assessment unit (sections 22A–22C), the Act affects who employers can lawfully hire or retain in prescribed positions and imposes verification steps that restrict immediate hiring flexibility.\n  - Safeguards and limits on review: the Act creates internal and tribunal review paths (sections 18ZI, 23Y–23Z) but also declares some decisions non‑reviewable (section 18ZI(5)) and allows confidential handling of sensitive material, which narrows external oversight in particular cases (sections 18C–18D, 18ZI(5)).\n\nImplementation and enforcement risks noted in the text\n\n- The Act depends on orders, regulations and guidance for many operational details (see sections 12 and 33).  That delegates substantial rule‑making to secondary instruments and administrative practice (section 12(1), section 33(1)).\n\n- The Act authorises sharing and use of sensitive criminal intelligence and protected information, and where such material is relied on the central assessment unit or Registrar need only give a public ground that disclosure would be contrary to the public interest (sections 18C(1), 18D(2)).  Courts are required, on application, to hold parts of proceedings in private in these circumstances (sections 18C(2), 18D(3)).\n\nConcentrated benefits and diffuse costs\n\n- Concentrated benefits (explicit in the text): people with disability receive statutory planning attention and specific screening and safeguards intended to reduce the risk posed by persons working with them (sections 8, 9, 13, Part 5A, Part 6A).\n\n- Diffuse costs: employers, NDIS providers and State authorities bear reporting, record‑keeping, verification and training obligations that are distributed across many entities (sections 16, 22A–22D, 23J, 23M).  Penalties for non‑compliance are specified in multiple places (e.g. sections 21, 22, 22A–22C).\n\nQuick practical takeaways\n\n- If you are a State authority: you must prepare and publish a disability access and inclusion plan, report annually, and have regard to the State Disability Inclusion Plan (sections 13, 16, 17).\n- If you are an NDIS worker or applicant: you must apply for and hold an NDIS worker check clearance to do NDIS work in the State unless excluded; applications require identity proof and a fee; clearances last 5 years but can be suspended or cancelled (sections 18G, 18P–18S).\n- If you employ people to work with people with disability: you must verify screening checks, notify the central assessment unit of specified matters, keep records and ensure re‑checks at least every 5 years (sections 22A–22D).\n- If you are an NDIS provider using restrictive practices: you must obtain appropriate authorisations (Authorised Program Officer or Senior Authorising Officer), comply with restrictive practices guidelines, and follow notification and review processes (Part 6A, sections 23N–23O, 23H).\n\nSource citations: key provisions cited above are sections 6–13, 14–18, Part 5A (ss 18A–18ZO), Part 6 (ss 19–23), Part 6A (ss 23A–23ZE), Part 7–10 (ss 24–33) and related schedule provisions as set out in the Act text provided."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":3317},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original focus on inclusion planning and rights articulation (Parts 2, 4 and 5). Through subsequent amendments, it has grown into a comprehensive safeguarding and regulatory statute. The insertion of Part 5A created a detailed national worker screening scheme for NDIS participants, while Part 6A established a complex statutory authorisation regime for restrictive practices (including chemical and physical restraint). These additions transformed the Act from a planning/policy framework into a hybrid inclusion-safeguarding statute with heavy operational compliance burdens, criminal penalties for non-compliance, and extensive information-sharing powers with Commonwealth agencies."},"complexity_factors":["Over 50 defined terms across multiple interpretation sections (sections 3, 18A, 19, 23B), including nested definitions like 'relevant information' which itself incorporates cross-references to 'relevant law'","Extensive cross-referencing with Commonwealth legislation (NDIS Act 2013 (Cth)), and other South Australian Acts including the Child Safety (Prohibited Persons) Act 2016 and Public Sector Act 2009","Dual parallel screening regimes: Part 5A (NDIS-specific clearances, commenced) and Part 6 (general disability worker screening, uncommenced), with overlapping but distinct definitions and requirements","Highly conditional logic in Part 5A: tiered disqualification categories (disqualified vs presumptively disqualified), conditional bans on re-application (section 18H), and suspension/cancellation triggers with multiple exceptions","Hierarchical authorisation framework in Part 6A for restrictive practices: distinction between Level 1 and Level 2 restrictive practices, different decision-makers (Senior Authorising Officer vs Authorised Program Officer), and conditions precedent including behaviour support plan consistency","Multiple nested exceptions to general rules, such as exceptions to disclosure prohibitions in section 29, and exceptions to exclusions in section 18B(2)","Transitional provisions (Schedule 2) that grandfather pre-existing screening assessments into the new NDIS clearance framework with conditional sunset clauses","Regulatory interdependence: many operational details delegated to regulations or 'restrictive practices guidelines' that are incorporated by reference but not set out in the Act itself"],"plain_english_summary":"This South Australian law is designed to ensure people with disability can fully participate in community life while staying safe from harm.\n\n**What it does**\nThe Act operates through several distinct mechanisms:\n\n*   **Inclusion Planning:** It requires State authorities (government departments, local councils, and prescribed agencies) to create *Disability Access and Inclusion Plans*. These plans must set measurable targets for removing barriers—physical, digital, or attitudinal—so people with disability can access services, information, and employment. A central *State Disability Inclusion Plan* coordinates this work across government.\n\n*   **Worker Screening:** The Act establishes a clearance system for people who work with people with disability. Most significantly, it provides for **NDIS worker check clearances** (the National Disability Insurance Scheme is Australia's national disability insurance program). The *central assessment unit* vets workers to determine if they pose a risk of harm. People with serious criminal histories (*disqualified persons*) are barred from obtaining clearances, while others may face risk assessments or exclusions. Employers must verify that workers hold current clearances.\n\n*   **Restrictive Practices Oversight:** The Act regulates when disability providers can use *restrictive practices*—interventions like physical restraint, chemical restraint (medication to control behaviour), or seclusion. These can only be used as a last resort to prevent harm, and must be authorised by a *Senior Authorising Officer* or an *Authorised Program Officer* depending on the severity (Level 1 or Level 2). The use must align with the person's behaviour support plan.\n\n*   **Protection and Advocacy:** It creates offences for *victimisation* (punishing someone for reporting issues), establishes confidentiality rules for personal information, and allows for a *Community Visitor Scheme* (independent visitors who check on the wellbeing of people with disability).\n\n**Who it affects**\n*   **State authorities and local councils:** Must prepare inclusion plans and comply with screening obligations.\n*   **NDIS providers and workers:** Must obtain and maintain clearances; providers using restrictive practices must follow strict authorisation procedures.\n*   **People with disability:** Gain enforceable rights to access, safety, and participation.\n\n**Why it matters**\nThe Act moves beyond symbolic rights statements by mandating concrete planning, vetting workers to prevent abuse, and tightly regulating physical and chemical interventions. It binds the Crown (meaning government departments can be held liable for breaches) and prioritises *supported decision-making* (helping a person make their own choice) over *substituted decision-making* (someone else choosing for them)."}},"importantCases":[],"_links":{"self":"/api/acts/disability-inclusion-act-2018","history":"/api/acts/disability-inclusion-act-2018/history","analysis":"/api/acts/disability-inclusion-act-2018/analysis","conflicts":"/api/acts/disability-inclusion-act-2018/conflicts","importantCases":"/api/acts/disability-inclusion-act-2018/important-cases","documents":"/api/acts/disability-inclusion-act-2018/documents"}}